View Rule

Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) created the Toxics Release Inventory (TRI) Program. The TRI Program is a tool EPA may use to understand the releases of Per- and Polyfluoroalkyl Substances (PFAS) by industrial and federal facilities. This information may be helpful to inform decision-making by communities, government agencies, companies and others. Currently, no PFAS chemicals are included on the list of chemicals required to report to TRI; however, the EPA is considering whether to add certain PFAS chemicals. In considering listing, the EPA will determine whether data and information are available to fulfill the statutory listing criteria and the extent and utility of the data that would be gathered. In addition, in considering if TRI will provide useful information to stakeholders, the EPA also will consider if those PFAS are still active in commerce. The process for listing includes notice-and-comment rulemaking to list PFAS chemicals for reporting prior to adding these chemicals to the TRI for annual reporting.

Statement of Need:

This action is identified in the PFAS Action Plan that the EPA Administrator announced on February 14, 2019. The inclusion of PFAS chemicals on the list of chemicals required to report to TRI would provide information that may be helpful to inform decision-making by communities, government agencies, companies and others.

Summary of the Legal Basis:

This action is being developed under the authority of section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA).

Alternatives:

EPA intends to issue an advance notice of proposed rulemaking to solicit initial information and data from the public that will help inform the Agency’s evaluation of whether data and information are available to fulfill the statutory listing criteria and the extent and utility of the data that would be gathered.

Anticipated Costs and Benefits:

An assessment of the incremental impacts of this update will be provided in greater detail in the economic analysis that will accompany the proposal.

Risks:

This rulemaking gathers information to inform decision-making and is not intended to address an identified risk.