ILTA, as part of an industry coalition, submitted comments to the U.S. Environmental Protection Agency February 3 in response to the Advanced Notice of Proposed Rulemaking regarding the addition of certain PFAS to the Toxic Release Inventory. The initial page of the comments is pasted below. For the full comments, please open the .pdf file attached below.
February 3, 2020
VIA ELECTRONIC FILING
Mr. Daniel R. Bushman
Toxics Release Inventory Program Division
Office of Pollution Prevention and Toxics
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
RE: Addition of Certain Per- and Polyfluoroalkyl Substances; Community Right-to-Know Toxic Chemical Release Reporting, 84 Fed. Reg. 66,369 (Dec. 4, 2019); Docket No. EPA-HQ-TRI-2019-0375; FRL-10002-70
Dear Mr. Bushman:
The undersigned Associations submit these comments to the U.S. Environmental Protection Agency (“EPA” or “Agency”) as it considers proposing a future rule to add certain per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”). Many of our members manufacture, transport, store or use products that contain certain PFAS, and therefore have a vested interest in the outcome of this rulemaking.
We understand and appreciate the importance of responsibly reporting the releases of certain PFAS from industrial and federal facilities, and recognize the need for an appropriate risk-based federal approach for potentially including certain PFAS chemicals that is based on the best available science and weight of the scientific evidence. The appropriate addition of chemicals to the TRI helps better inform decisions made by all stakeholders as further regulatory actions are contemplated by federal, state, and local agencies alike. To fulfill these goals, it is important that PFAS reporting presents an accurate view of releases to the environment. We are committed to working with regulators to protect human health and the environment.
As detailed further below, we offer to EPA the following comments, which include:
1. EPA should act expeditiously to assess the 160 PFAS added to the list of chemicals covered by the TRI reporting requirements by the “National Defense Authorization Act for Fiscal Year 2020” (“NDAA”) to determine their applicability, as prescribed in in section 313(d) of the EPCRA;
2. Should EPA decide to add additional PFAS to the TRI, the Agency should do so on an individual chemical basis, or in limited instances, as discreet groups; and,
3. EPA should use the best available science, weight of the evidence, and provide a clear rationale if the reporting threshold is lowered for any PFAS that may be added to the TRI.
Read the full filing by clicking the .pdf attachment.