EPA Sends PFAS TSCA NPRM to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from the EPA on “Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI)”.

According to the Fall 2023 Unified Agenda entry for this rulemaking:

“EPA is developing a rulemaking to add certain per and polyfluoroalkyl substances (PFAS) to the list of chemicals reportable under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). The proposed addition of these PFAS is in direct response to a statutory mandate under section 7321(d) of the National Defense Authorization Act for Fiscal Year 2020 (NDAA), which requires EPA to add any PFAS that the Agency determines meet the listing criteria by December 2023.”

NOTE: According to the Unified Agenda listing, the EPA is intending (whether it will or not remains to be seen) to publish both the NPRM and the final rule this year.

I probably will not specifically address this rule when it is published, but will continue to track its progress through the regulatory process since this will impact the chemical safety and manufacturing communities.