Clarification to Supplier Notifications Due to Automatic Additions of PFAS Under the NDAA
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Rule Summary
In January 2025, EPA proposed a rule to explicitly include per- and polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI) in accordance with Section 7321(c) of the Fiscal Year 2020 National Defense Authorization Act (NDAA) in the TRI regulation’s definition of “toxic chemical.” This change would confirm that these PFAS are covered by the TRI supplier notification provision once they are TRI-listed chemicals. Supplier notifications are required of covered suppliers to notify customers receiving a mixture or other trade name product containing a TRI-listed toxic chemical with the first shipment of each calendar year.
This proposed action would make clear that supplier notifications are required as of January 1 for an NDAA-added chemical, even if it’s not yet included in the CFR. Specifically, this proposed action would remedy a discrepancy between the CFR text and the statutory mechanism that automatically adds PFAS to the TRI list by amending the CFR to confirm that the TRI chemical list includes all chemicals at 40 CFR 372.65 and any PFAS that have been automatically added pursuant to the NDAA effective that year. The NDAA adds certain PFAS automatically to the TRI beginning January 1 of the year following specific triggering events; thus, such PFAS are not necessarily included in the Code of Federal Regulations (CFR) as of their January 1st effective date.
EPA will accept public comments on the proposed rule for 30 days following publication in the Federal Register.
The public can view supporting materials in the docket once the rule publishes in the Federal Register.
Rule History
On December 20, 2019, the NDAA was signed into law. Section 7321 of the act immediately added certain PFAS to the list of chemicals covered by the TRI under the Emergency Planning and Community Right-to-Know Act Section 313 and provided a framework for additional PFAS to be added to the TRI on an annual basis. In addition, the NDAA established a manufacture, processing, and otherwise use reporting threshold of 100 pounds for each of the listed PFAS.