OMB Approves EPA PFAS TSCA Reporting NPRM

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking (NPRM) from the EPA on “Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Data Reporting and Recordkeeping under the Toxic Substances Control Act (TSCA); Revision to Regulation”. The NPRM was sent to OMB on August 29^th, 2025.

According to the entry for this rulemaking in the Spring 2025 Unified Agenda:

“The Environmental Protection Agency (EPA or Agency) is considering a proposed rule to amendments to the Toxic Substances Control Act (TSCA) regulation for reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFAS). As promulgated in October 2023, the regulation requires manufacturers (including importers) of PFAS in any year between 2011-2022 to report certain data to EPA related to exposure and environmental and health effects. EPA plans to propose the incorporation of certain exemptions and other modifications to the scope of the reporting rule.”                      

Generally, I do not cover TSCA rulemakings in any detail in this blog, and I do not expect this to be an exception to that rule. I will, at least, mention publication of this rule in the appropriate ‘Short Takes’ post.

OMB Approves EPA NRPM Adding PFAS to TRI

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking (NPRM) on “Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI)”. The NPRM was sent to OIRA on January 16^th, 2024.

According to the Spring 2024 Unified Agenda entry for this rulemaking:

“The Environmental Protection Agency (EPA) is developing a proposal to add individually listed per- and polyfluoroalkyl substances (PFAS) and PFAS categories to the Toxics Release Inventory (TRI) list of toxic chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). EPA also intends to address how PFAS compound categories should be treated and discuss what events may trigger the automatic addition of a PFAS to the TRI. These actions are being proposed to comply with the National Defense Authorization Act for Fiscal Year 2020 (NDAA) [15 USC 8921].”

This NPRM should have been published by December 20^th, 2022 according to the UA entry.

I will not be covering this rulemaking in any depth in this blog, but its publication will be reported in the appropriate ‘Short Takes’ post.

EPA Sends CWA PFAS Effluent Discharge NPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking from the EPA on “Clean Water Act Effluent Limitations Guidelines and Standards for PFAS Manufacturers Under the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category”. An advanced notice of proposed rulemaking (ANPRM) was published on March 17^th, 2021.

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

“As announced in the Effluent Guidelines Program Plan 15 and as part of the EPA’s PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024, EPA is revising the existing Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF) Effluent Limitations Guidelines and Standards (ELGs) (40 CFR part 414) to address per- and polyfluoroalkyl substances (PFAS) discharges from facilities manufacturing PFAS.”

I will probably not cover this NPRM in any detail when it is published, but it will certainly be mentioned in the appropriate Short Takes post in this blog.

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.