Proposed EPA Rule Will Eliminate De Minimis Exemptions for PFAS

On December 5, 2022, the U.S. Environmental Protection Agency (EPA) published a proposed rule to add all per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) to the list of chemicals of special concern. The addition of PFAS to the list of chemicals of special concern will subject them to the same, more burdensome reporting requirements as other chemicals of special concern, including eliminating the availability of the de minimis exemption for purposes of calculating reporting thresholds.

In addition, EPA is proposing to eliminate the availability of the de minimis exemption under the supplier notification requirements for all chemicals of special concern, meaning suppliers of such chemicals may be required to make additional notifications to purchasers and downstream manufacturers. Companies that fail to comply with EPCRA reporting violations may face civil penalties, including monetary fines.

By Duane Morris LLP & Affiliates
December 8, 2022

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