G/TBT/N/USA/1552  
10 December 2019  
(19-8505) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AME RICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Environmental Protection Agency (EPA) [1579]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated i f different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Per- and 
Polyfluoroalkyl substances; Environmental protection (ICS 13.020), Domestic safety 
(ICS 13.120), Production in the chemical in dustry (ICS 71.020), Products of the chemical 
industry (ICS 71.100)  
5. Title, number of pages and language(s) of the notified document:  Addition of 
Certain Per - and Polyfluoroalkyl Substances; Community Right -to-Know Toxic Chemical 
Release Reporting (5 pa ge(s), in English)  
6. Description of content:  In this advance notice of proposed rulemaking (ANPRM), EPA is 
soliciting information from the public as EPA considers proposing a future rule on adding 
certain per - and polyfluoroalkyl substances (PFAS) to the  list of toxic chemicals subject to 
reporting under section 313 of the Emergency Planning and Community Right -to-Know Act 
(EPCRA) and section 6607 of the Pollution Prevention Act (PPA). In this ANPRM, EPA 
outlines what PFAS are, why the Agency is consideri ng adding certain PFAS to EPCRA 
section 313, what listing actions are being considered, who may be required to report, the 
current understanding of hazard concerns for PFAS, EPA's hazard assessments on PFAS, 
and other information available on these chemica ls. In considering a chemical for addition 
to the EPCRA section 313 list, EPA bases its listing decision on the chemical's hazard (i.e., 
toxicity), not the risk (i.e., toxicity plus potential exposures) related to that chemical. EPA 
is requesting comment o n which, if any, PFAS should be evaluated for listing, how to list 
them, and what would be appropriate reporting thresholds given their persistence and 
bioaccumulation potential. Lastly, EPA asks for any additional data to inform the Agency's 
evaluation an d determination of which PFAS may meet the EPCRA section 313 listing 
criteria.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling; Prevention of deceptive practices and 
consumer protection ; Protection of human health or safety; Protection of the environment  G/TBT/N/USA/1552  
 
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  8. Relevant documents:   
•  84 Federal Register (FR) 66369, 4 December 2019; Title 40 Code of Federal 
Regulations (CFR) Part 372:  
https://www.govinfo.gov/content/pkg/FR -2019-12-04/html/2019 -26034.htm   
https://www.g ovinfo.gov/content/pkg/FR -2019-12-04/pdf/2019 -26034.pdf  
•  Supporting Documents  
https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDue
Date&po=0&dct=SR%2BO&D=EPA -HQ-TRI-2019-0375 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  3 February 2020  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2019/TBT/USA/19_7035_00_e.pdf