Posted November 29, 2023

Submitted by Andrea Catalano, INEOS Composites

I am writing in regards to the paragraph in the  latest newsletter titled EPA Finalizes Rule to Require Enhanced TRI of PFAS.  In speaking with other internal regulatory colleagues at my company, I have found that folks may have not read the regulation in detail if they feel PFAS does not apply to them.  If you look closer at the update to the regulation, it also notes that they removed de minimis exemptions on other chemicals besides PFAS.  I am wondering if this is well known across our member base? 

2023-23413.pdf (govinfo.gov)

In addition, eliminating the use of the de minimis exemption for supplier notification purposes for all other chemicals of special concern ensures that potentially significant quantities of such chemicals are not overlooked by reporting facilities. The PBT chemicals and chemical categories that are classified as chemicals of special concern, and are thus also impacted by this change, are as follows:

• Aldrin (CASRN: 309–00–2);
• Benzo[g,h,i]perylene (CASRN: 191– 24–2);
• Chlordane (CASRN: 57–74–9);
• Dioxin and dioxin-like compounds category (manufacturing; and the processing or otherwise use of dioxin and dioxin-like compounds category if the dioxin and dioxin-like compounds are present as contaminants in a chemical and if they were created during the manufacturing of that chemical) (TRI Category Code: N150);
• Heptachlor (CASRN: 76–44–8);
• Hexabromocyclododecane category (TRI Category Code: N270);
• Hexachlorobenzene (CASRN: 118– 74–1);
• Isodrin (CASRN: 465–73–6); • Lead (this lower threshold does not apply to lead when it is contained in stainless steel, brass or bronze alloy; (CASRN: 7439–92–1);
• Lead compounds category (TRI Category Code: N420);
• Mercury (CASRN: 7439–97–6);
• Mercury compounds category (TRI Category Code: N458);
• Methoxychlor (CASRN: 72–43–5);
• Octachlorostyrene (CASRN: 29082– 74–4);
• Pendimethalin (CASRN: 40487–42– 1);
• Pentachlorobenzene (CASRN: 608– 93–5);
• Polychlorinated biphenyls (CASRN: 1336–36–3);
• Polycyclic aromatic compounds category (PACs) (TRI Category Code: N590);
• Tetrabromobisphenol A (CASRN: 79–94–7);
• Toxaphene (CASRN: 8001–35–2); and
• Trifluralin (CASRN: 1582–09–8).