G/TBT/N/USA/1950  
6 December 2022  
(22-9061) 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) [1981]  
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 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
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 (PFAS); Environmental protection (ICS code(s): 13.020); 
Production in the chem ical 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:  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; (9 page(s), in English)  
6. Description of content:  Proposed rule - The Environmental Protection Agency (EPA) is 
proposing to add 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 Defense 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 threshold of 100 p ounds. 
The addition of these PFAS to the list of chemicals of special concern will cause such PFAS 
to be subject to the same reporting requirements as other chemicals of special concern 
(i.e., it would eliminate 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 more complete picture of the releases 
and waste management quantities for these PFAS. In addit ion, EPA is proposing to remove 
the availability of the de minimis exemption for purposes of the Supplier Notification 
Requirements for all chemicals on the list of chemicals of special concern. This change 
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.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of animal or plant life or 
health; Protection of the environment  G/TBT/N/USA/1950  
 
- 2 - 
 
  8. Relevant documents:   
87 Federal Register (FR) 74379, 5 December 2022; Title 40 Code of Federal Regulations 
(CFR) Part 372:  
https://www.govinfo.gov/content/pkg/FR -2022-12-05/html/2022 -26022.htm  
https://www.govinfo.gov/content/pkg/FR -2022-12-05/pdf/2022 -26022.pdf  
This proposed rule is 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. Documents are also accessible from Regulations.gov  by 
searching the Docket Number. WTO Members and their stakeh olders are asked to submit 
comments to the USA TBT Enquiry Point . Comments received by the USA TBT Enquiry 
Point from WTO Members and their stakeholders by 4pm Eastern Time  on 3 February 
2023 will be shared with the regulator and will also be submitted to the Docket  on 
Regulations.gov if received within the comment period.  
G/TBT/N/USA/1742 and subsequent addenda  - TSCA Section 8(a)(7) Reporting and 
Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances, identified 
by Docket Number EPA-HQ-OPPT-2020-0549. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  3 February 2023  
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/2022/TBT/USA/22_8290_00_e.pdf