G/TBT/N/USA/2011  
26 June 2023  
(23-4346) 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 AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [2042]  
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 if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: This action updates the regulations to identify nine per - and polyfluoroalkyl 
substances (PFAS) that must be reported pursuant to the National Defense Authorization 
Act for Fiscal Year 2020 (FY2020 NDAA) enacted on 20 December 2019.  
4. Products covered (H S or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Per- and 
Polyfluoroalkyl Substances; Environmental protection (ICS code(s): 13.020); Domestic 
safety (ICS code(s): 13.120); Productio n in the chemical industry (ICS code(s): 71.020); 
Products of the chemical industry (ICS code(s): 71.100)  
5. Title, number of pages and language(s) of the notified document:  Implementing 
Statutory Addition of Certain Per - and Polyfluoroalkyl Substances (P FAS) to the Toxics 
Release Inventory Beginning With Reporting Year 2023; (5 page(s), in English)  
6. Description of content:  Final rule - The Environmental Protection Agency (EPA) is 
updating the list of chemicals subject to toxic chemical release reportin g under the 
Emergency Planning and Community Right -to-Know Act (EPCRA)  and the Pollution 
Prevention Act (PPA) . Specifically, thi s action updates the regulations to identify nine per- 
and polyfluoroalkyl substances (PFAS)  that must be reported pursuant to the National 
Defense Authorization Act for Fiscal Year 2020 (FY2020 NDAA) enacted on 20 December 
2019. As this action is being taken to conform the regulations to a Congressional 
legislative mandate, notice and comment rulemaking is unnecessary.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection; Protection of 
human health or safety; Protection of the environment  G/TBT/N/USA/2011  
 
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  8. Relevant documents:   
88 Federal Register (FR) 41035, 23 June 2023; Title 40 Code of Federal Regulations (CFR) 
Part 372:  
https://www.govinfo.gov/content/pkg/FR -2023-06-23/html/2023 -13280.htm  
https://www.govinfo.gov/content/pkg/FR -2023-06-23/pdf/2023 -13280.pdf  
This final rule is identified by Docket Number EPA -HQ-OPPT-2023-0223. The Docket 
Folder is  available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OPPT-2023-0223/document  and provides access to primary and supporting documents 
as well as comments  received. Documents are also accessible from Regulations.gov  by 
searching the Docket Number.  
G/TBT/N/USA/1897 and G/TBT/N/USA /1897/Corr.1  identified by Docket Number EPA-
HQ-TRI-2022-0453. 
9. Proposed date of adoption:  23 June 2023  
Proposed date of entry into force:  24 July 2023  
10. Final date for comments:  Not Applicable  
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/2023/TBT/USA/23_10562_00_e.pdf