ASDWA, ACWA, ECOS, and ASTSWMO Submit Joint Comments to EPA on Changes to EPCRA PFAS Reporting Requirements and Supplier Notifications for Chemicals of Special Concern

On February 3, ASDWA, the Association of Clean Water Administrators (ACWA), the Environmental Council of the States (ECOS), and the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) submitted a joint letter of comment to EPA on the “Changes to Reporting Requirements: Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern; Community Right-to-Know Toxic Chemical Release Reporting.” These changes are being proposed for the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). Together, our organizations represent state and territorial clean water, drinking water, solid waste management and environmental restoration, and environmental quality agencies and leaders who implement national and state environmental statutes, that have the potential to be impacted by PFAS.

The joint comments support EPA’s action to add PFAS to the list of Chemicals of Special Concern with specific requirements for reporting under EPCRA – and remove the de minimis exemption for Supplier Notification Requirements for PFAS and all chemicals on the list of Chemicals of Special Concern. The comments also request the EPA make one specific amendment and pursue a supplemental rulemaking to ensure that all PFAS added to the TRI are also added to the Chemicals of Special Concern List. These proposed changes effectively address some recommendations and concerns in ACWA, ASDWA, and ECOS’ February 2020 comments that generally supported the “Addition of Certain PFAS; Community Right-to-Know Toxic Chemical Release Reporting,” and noted that the “National Defense Authorization Act of 2020 (NDAA) reporting threshold of 100 lbs for the TRI is too high and not appropriate for PFAS specified in the NDAA or for PFAS added to TRI in the future.”

For more information, view the EPA docket here, and read the Association’s comment letter.