American Chemistry Council
EPARulemakingEPA-HQ-OPPT-2024-0507

Clarification to the Toxics Release Inventory (TRI) Supplier Notification Provision due to Automatic Additions of PFAS Under the NDAA

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Last modified
Mar 21, 2025
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closed 491d ago
American Chemistry Council filings
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American Chemistry Council filed 2 comments on this docket between Jan 29, 2025 and Feb 21, 2025. 2 other organizations filed here. The comment window closed 491d ago.

What American Chemistry Council filed (2)

Feb 21, 2025· Comment submitted by American Chemistry Council (ACC)· EPA-HQ-OPPT-2024-0507-0009

The American Chemistry Council appreciates the opportunity to provide the attached comments on the United States Environmental Protection Agency's January 17, 2025 proposed rule, Toxics Release Inventory; Clarification of Toxic Chemicals Due to Automatic Additions of Per- and Polyfluoroalkyl Substances Under the National Defense Authorization Act. Please feel free to contact us if you have any questions.

Jan 29, 2025· Comment submitted by American Chemistry Council (ACC)· EPA-HQ-OPPT-2024-0507-0003

The American Chemistry Council submits the attached request for extension of 60 days to the proposed Toxics Release Inventory (TRI); Clarification of Toxic Chemicals Due to Automatic Additions of Per- and Polyfluoroalkyl Substances Under the National Defense Authorization Act rule comment period (90 Fed. Reg. 11, January 17, 2025) from the current February 18, 2025, deadline to April 21, 2025. Please let us know if you have any questions.

Abstract

The TRI supplier notification provision (40 CFR 372.45) was codified in the 1988 TRI rule. This provision stipulates that notifications are required for chemicals on the TRI chemical list at 40 CFR 372.65. However, the FY2020 NDAA section 7321(c) established a framework for automatically adding PFAS to the TRI chemical list effective January 1 following a specific triggering event. Thus, such PFAS are TRI chemicals as of January 1 following a triggering event, despite their not yet being incorporated into 40 CFR 372.65. Because the NDAA established the effective date of such PFAS as TRI-listed chemicals, and supplier notification is required as of the effective date of a chemical on the TRI list, EPA is conforming the supplier notification provision to the NDAA’s mechanism that automatically adds certain PFAS to the TRI list.

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