G/TBT/N/USA/1950/Add.1  
 
  
1 November 2023  
(23-7356) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
NOTIFICATION  
Addendum  
The following communication , dated  1 November 2023, is being circulated at the request of the 
delegation of the United States of America . 
 
_______________  
 
 
Title:  Changes to Reporting Requirements for Per - and Polyfluoroalkyl Substances and to Supplier 
Notifications for Chemicals of Special Concern; Community Right -to-Know Toxic Chemical Release 
Reporting  
 
Reason for Addendum:  
[ ] Comment period changed - date:   
[ ] Notified measure adopted - date:  
[X] Notified measure published - date: 31 October 2023  
[X] Notified measure enters into force - date: 30 November 2023; and shall apply for the 
reporting year beginning 1 January 2024 (reports due 1 July 2025).  
[X] Text of final measure available from1:  
88 Federal Register (FR) 74360, 40 Code of Federal Regulations (CFR) Part 372:  
https://www.govinfo.gov/content/pkg/FR -2023-10-31/html/2023 -23413.htm  
https://www.ecfr.gov/current/title -40/chapter -I/subchapter -J/part -372 
https://members.wto.org/crnattachments/2 023/TBT/USA/final_measure/23_13254_00
_e.pdf  
[ ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[ ] Content or scope of notified measure changed  and text available from1:  
New deadline for comments (if applicable):   
[ ] Interpretive guidance issued and text available from1:  
[ ] Other:  
 
Description:  The Environmental Protection Agency (EPA) is adding per - and polyfluoroalkyl 
substances ( PFAS) subject to reporting under the Emergency Planning and Community Right -to-
Know Act ( EPCRA ) and the Pollution Prevention Act ( PPA) pursuant to the National Defen se 
Authorization Act for Fiscal Year 2020  (NDAA) to the list of Lower Thresholds for Chemicals of Special 
Concern  (chemicals of special concern). These PFAS already have a lower reporting activity threshold 
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1950/Add.1  
 
- 2 - 
 
  of 100 pounds. The addition of these PFAS to the list of chemicals of special concern means such 
PFAS are subject to the same reporting requirements as other che micals of special concern (i.e., it 
eliminates the use of the de minimis exemption and the option to use Form A and would limit the 
use of range reporting for PFAS). Removing the availability of these burden -reduction reporting 
options will result in a mor e complete picture of the releases and waste management quantities for 
these PFAS. EPA is removing the availability of the  
de minimis exemption for purposes of the Supplier Notification Requirements for all chemicals on 
the list of chemicals of special con cern. This will help ensure that purchasers of mixtures and trade 
name products containing such chemicals are informed of their presence in mixtures and products 
they purchase to better inform any Toxics Release Inventory (TRI) reporting obligations.  
This final rule is effective 30 November 2023 and shall apply for the reporting year beginning 1 
January 2024 (reports due 1 July 2025). It and the proposed rule notified as G/TBT/N/USA/1950  
are identified by Docket Number EPA -HQ-TRI-2022-0270. The Docket Folder is available on 
Regulations.gov  at https://www.regulations.gov/docket/EPA -HQ-TRI-2022-0270/document  and 
provides access to primary and supporting documents as well as comments received. Docume nts 
are also accessible from Regulations.gov by searching the Docket Number.  
__________