American Coatings Association
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 Coatings Association filings
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Activity

American Coatings Association filed 1 comment on this docket between Feb 21, 2025 and Feb 21, 2025. 2 other organizations filed here. The comment window closed 491d ago.

What American Coatings Association filed (1)

Feb 21, 2025· Comment submitted by American Coatings Association (ACA)· EPA-HQ-OPPT-2024-0507-0007

Filed on regulations.gov — full text not in the inline record.

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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