Rule2026-03944
Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory Beginning With Reporting Year 2026
Primary source
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Published
February 27, 2026
Effective
March 30, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) is updating the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). Specifically, this action updates the regulations to identify one perfluoroalkyl substance that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020 (FY 2020 NDAA) enacted on December 20, 2019. As this action is being taken to conform the regulations to a Congressional legislative mandate, notice and comment rulemaking is unnecessary.
Full Text
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<title>Federal Register, Volume 91 Issue 39 (Friday, February 27, 2026)</title>
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[Federal Register Volume 91, Number 39 (Friday, February 27, 2026)]
[Rules and Regulations]
[Pages 9728-9731]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03944]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[EPA-HQ-OPPT-2024-0044; FRL 9427.3-02-OCSPP]
RIN 2070-AL34
Implementing Statutory Addition of Certain Per- and
Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory
Beginning With Reporting Year 2026
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
updating the list of chemicals subject to toxic chemical release
reporting under the Emergency Planning and Community Right-to-Know Act
(EPCRA) and the Pollution Prevention Act (PPA). Specifically, this
action updates the regulations to identify one perfluoroalkyl substance
that must be reported pursuant to the National Defense Authorization
Act for Fiscal Year 2020 (FY 2020 NDAA) enacted on December 20, 2019.
As this action is being taken to conform the regulations to a
Congressional legislative mandate, notice and comment rulemaking is
unnecessary.
DATES: This final rule is effective March 30, 2026.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2024-0044, is available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional instructions on visiting the
docket, along with more information about dockets generally, is
available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Daniel R. Ruedy, Chemical Information, Prioritization, and Toxics
Release Inventory Division (7406M), Office of Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001; telephone number: (202) 564-7974; email
address: <a href="/cdn-cgi/l/email-protection#98eaedfdfce1b6fcf9f6f1fdf4d8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="3f4d4a5a5b46115b5e51565a537f5a4f5e11585049">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
process, or otherwise use the chemical listed in this rule, including
but not limited to entities identified with the following North
American Industry Classification System (NAICS) codes.
<bullet> Facilities included in the following NAICS manufacturing
codes (corresponding to Standard Industrial Classification (SIC) codes
20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324,
325*, 326*, 327*, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*,
113310, 211130*, 212323*, 212390*, 488390*, 512230*, 512250*, 5131*,
516210*, 519290*, 541713*, 541715* or 811490*. *Exceptions and/or
limitations exist for these NAICS codes as specified by regulation (40
CFR 372.23).
<bullet> Facilities included in the following NAICS codes
(corresponding to SIC codes other than SIC codes 20 through 39):
211130* (corresponds to SIC code 1321, Natural Gas Liquids, and SIC
2819, Industrial Inorganic Chemicals, Not Elsewhere Classified); or
212114, 212115, 212220, 212230, 212290*; or 2211*, 221210*, 221330
(2211* and 221210 are limited to facilities that combust coal and/or
oil for the purpose of generating power for distribution in commerce)
(corresponds to SIC codes 4911, 4931, and 4939, Electric Utilities); or
424690, 424710 (corresponds to SIC code 5171, Petroleum Bulk Terminals
and Plants); 425120 (limited to facilities previously classified in SIC
code 5169, Chemicals and Allied Products, Not Elsewhere Classified); or
562112 (limited to facilities primarily engaged in solvent recovery
services on a contract or fee basis (previously classified under SIC
code 7389, Business Services, NEC)); or 562211*, 562212*, 562213*,
562219*, 562920 (limited to facilities regulated under the Resource
Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.)
(corresponds to SIC code 4953, Refuse Systems). *Exceptions and/or
limitations exist for these NAICS codes.
A more detailed description of the types of facilities subject to
reporting under EPCRA section 313 can be found at: <a href="https://www.epa.gov/toxics-release-inventory-tri-program/tri-covered-industry-sectors">https://www.epa.gov/toxics-release-inventory-tri-program/tri-covered-industry-sectors</a>. To
determine whether your facility would be affected by this action, you
should carefully examine the applicability criteria in 40 CFR part 372,
subpart B. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the FOR
FURTHER INFORMATION CONTACT section (see above).
B. What action is the Agency taking?
EPA is codifying the addition of the one chemical that was added to
the EPCRA section 313 list of reportable chemicals (more commonly known
as the Toxics Release Inventory (TRI)) since the last conforming rule
(90 FR 573; January 6, 2025) (FRL-9427.2-01-OCSPP)) pursuant to the FY-
2020 NDAA.
C. What is the Agency's authority for taking this action?
This action is issued under the authority of EPCRA section 313 (42
U.S.C. 11001 et seq.), section 6607 of the Pollution Prevention Act
(PPA) (42 U.S.C. 13106), and section 7321 of the National Defense
Authorization Act for Fiscal Year 2020 (FY 2020 NDAA) (Pub. L. 116-92).
II. Background
A. What is NDAA section 7321?
On December 20, 2019, the FY 2020 NDAA was signed into law. Among
other provisions, section 7321(c) identifies certain regulatory
activities that automatically add per- and polyfluoroalkyl substances
(PFAS) or classes of PFAS to the EPCRA section
[[Page 9729]]
313 list of reportable chemicals. PFAS or classes of PFAS shall be
added to the EPCRA section 313 list of reportable chemicals beginning
January 1 of the calendar year after any one of the following dates:
<bullet> Final Toxicity Value. The date on which the Administrator
finalizes a toxicity value for the PFAS or class of PFAS;
<bullet> Significant New Use Rule. The date on which the
Administrator makes a covered determination for the PFAS or class of
PFAS;
<bullet> Addition to Existing Significant New Use Rule. The date on
which the PFAS or class of PFAS is added to a list of substances
covered by a covered determination;
<bullet> Addition as an Active Chemical Substance. The date on
which the PFAS or class of PFAS to which a covered determination
applies is:
(1) Added to the list published under section 8(b)(1) of the Toxic
Substances Control Act (TSCA) (15 U.S.C. 2601 et seq.) and designated
as an active chemical substance under TSCA section 8(b)(5)(A); or
(2) Designated as an active chemical substance under TSCA section
8(b)(5)(B) on the list published under TSCA section 8(b)(1).
The FY 2020 NDAA defines ``covered determination'' as a
determination made by rule under TSCA section 5(a)(2) that a use of a
PFAS or class of PFAS is a significant new use (except such a
determination made in connection with a determination described in TSCA
sections 5(a)(3)(B) or 5(a)(3)(C)).
Under FY 2020 NDAA section 7321(e), EPA must review confidential
business information (CBI) claims before PFAS are added to the list
pursuant to FY 2020 NDAA section 7321, subsections (b)(1), (c)(1), or
(d)(3) whose identities are subject to a claim of protection from
disclosure under 5 U.S.C. 552(a), pursuant to 5 U.S.C. 552(b)(4). Under
the FY 2020 NDAA EPA must:
<bullet> Review a claim of protection from disclosure; and
<bullet> Require that person to reassert and substantiate or re-
substantiate that claim in accordance with TSCA section 14(f) (15
U.S.C. 2613(f)).
In addition, if EPA determines that the chemical identity of a PFAS
or class of PFAS qualifies for protection from disclosure, EPA must
include the PFAS or class of PFAS on the TRI in a manner that does not
disclose the protected information.
B. What PFAS have been added to the TRI list?
EPA has reviewed the above-listed criteria and found one chemical
that meets the requirements of Section 7321 of the FY 2020 NDAA and
whose identity is not claimed as CBI.
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Chemical name/CASRN * Triggering action Effective date
------------------------------------------------------------------------
Sodium perfluorohexanesulfonate Final Toxicity 1/1/26
(82382-12-5). Value (Ref. 1).
------------------------------------------------------------------------
* CASRN means Chemical Abstracts Service Registry Number.
As established by the FY 2020 NDAA, the addition of this PFAS to
the EPCRA section 313 list of reportable chemicals is effective January
1 of the calendar year following any of the dates identified in FY 2020
NDAA section 7321(c)(1)(A). Accordingly, this PFAS is reportable
beginning with the 2026 reporting year (i.e., reports due July 1,
2027).
Note that pursuant to EPA's final rule, entitled ``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; Final Rule'' (88 FR
74360, October 31, 2023 (FRL-8741-04-OCSPP)), all PFAS added to TRI
pursuant to FY 2020 NDAA sections 7321(b) and (c), are designated as
chemicals of special concern (40 CFR 372.28), which also applies to the
one PFAS identified in this rulemaking. Chemicals of special concern
are excluded from the de minimis exemption, may not be reported on a
Form A (Alternate Threshold Certification Statement), and have limits
related to how and when ranges can be reported. For more information on
the addition of PFAS to the list of chemicals of special concern, see
40 CFR 372.28.
III. Good Cause Exception
Section 553(b)(B) of the Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that, when an agency for good cause finds
that public notice and comment procedures are impracticable,
unnecessary, or contrary to the public interest, the agency may issue a
rule without providing notice and an opportunity for public comment.
EPA has determined that there is good cause for making this rule final
without prior proposal and opportunity for comment because such notice
and opportunity for comment is unnecessary, as this action is being
taken to comply with a mandate in an Act of Congress, in which Congress
identified actions that automatically add these chemicals to the TRI.
Thus, EPA has no discretion as to the outcome of this rule, which
merely aligns the regulations with the self-effectuating changes
provided by the FY 2020 NDAA.
IV. References
The following is a listing of the documents specifically referenced
in this document. The docket includes these documents and other
information considered by EPA, including documents referenced within
the documents included in the docket, even if the referenced document
is not itself physically located in the docket. For assistance in
locating these other documents, please consult the person listed under
FOR FURTHER INFORMATION CONTACT.
1. EPA. IRIS Toxicological Review of Perfluorohexanesulfonic Acid
(PFHxS, CASRN 355-46-4) and Related Salts (Final Report, 2025). U.S.
Environmental Protection Agency, Washington, DC, EPA/635/R-25/012Fa,
2025. <a href="https://iris.epa.gov/document/&deid=363894">https://iris.epa.gov/document/&deid=363894</a>.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011).
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
[[Page 9730]]
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA, 44 U.S.C. 3501 et seq. OMB has previously approved the
information collection activities contained in the existing regulations
and assigned OMB control numbers 2070-0212 and 2050-0078. Currently,
the facilities subject to the reporting requirements under EPCRA
section 313 and PPA section 6607 must use EPA Toxic Chemicals Release
Inventory Form R (EPA Form 9350-1) for reporting TRI-listed PFAS. The
one newly added PFAS is subject to the same reporting requirements as
other chemicals of special concern and is excluded from certain burden-
reduction reporting options (i.e., the de minimis exemption and the
option to use Form A, range reporting). The Form R must be completed if
a facility manufactures, processes, or otherwise uses any listed
chemical above one or more activity thresholds and meets certain other
criteria. Respondents may designate the specific chemical identity of a
substance as a trade secret pursuant to EPCRA section 322 (42 U.S.C.
11042) and 40 CFR part 350. OMB has approved the reporting and
recordkeeping requirements related to Form R, supplier notification,
and petitions under OMB Control No. 2070-0212 (EPA Information
Collection Request (ICR) No. 2613.07) and those related to trade secret
designations under OMB Control No. 2050-0078 (EPA ICR No. 1428.12).
D. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA, 5 U.S.C. 601 et seq. The RFA
applies only to rules subject to notice and comment rulemaking
requirements under the APA, 5 U.S.C. 553, or any other statute. This
rule is not subject to notice and comment requirements because the
Agency has invoked the APA ``good cause'' exemption under 5 U.S.C.
553(b).
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate of $100 million
(in 1995 dollars and adjusted annually for inflation) or more as
described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or
uniquely affect small governments. The action imposes no enforceable
duty on any state, local, or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications, as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will
not have substantial direct effects on states, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000) because it will
not have substantial direct effects on tribal governments, or on the
relationship between the Federal government and Indian tribes. This
action does not impose substantial direct compliance costs on federally
recognized Indian tribal governments. Thus, Executive Order 13175 does
not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it does not concern an environmental health or
safety risk. Since this action does not concern human health, EPA's
2021 Policy on Children's Health also does not apply.
Although this action does not concern an environmental health or
safety risk, this reporting rule will aid in collecting information
regarding PFAS. This rule will be of use in identifying releases of
PFAS to which children may be exposed. EPA believes that the
information obtained as a result of this action could also be used by
the public, government agencies, and others to identify potential
problems, set priorities, and take appropriate steps to reduce any
potential human health or environmental risks related to PFAS,
including those that may disproportionately affect children.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulation action under
Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards under the NTTAA
section 12(d), 15 U.S.C. 272.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, Toxic chemicals.
Lee Zeldin,
Administrator.
Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR part 372 as follows:
PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW
0
1. The authority citation for part 372 continues to read as follows:
Authority: 42 U.S.C. 11023 and 11048.
0
2. Amend Sec. 372.65 by:
0
a. In paragraph (d) in table 4, adding in alphabetical order an entry
for ``Sodium perfluorohexanesulfonate''.
0
b. In paragraph (e) in table 5, adding in numerical order entry for
``82382-12-5''.
The additions read as follows:
Sec. 372.65 Chemicals and chemical categories to which this part
applies.
* * * * *
(d) * * *
Table 4 to Paragraph (d)
------------------------------------------------------------------------
Chemical name CASRN \1\ Effective date
------------------------------------------------------------------------
Sodium perfluorohexanesulfonate..... 82382-12-5 1/1/26
------------------------------------------------------------------------
\1\ CASRN means Chemical Abstracts Service Registry Number.
[[Page 9731]]
(e) * * *
Table 5 to Paragraph (e)
------------------------------------------------------------------------
CASRN \1\ Chemical name Effective date
------------------------------------------------------------------------
82382-12-5.................... Sodium 1/1/26
perfluorohexanesulfon
ate.
------------------------------------------------------------------------
\1\ CASRN means Chemical Abstracts Service Registry Number.
[FR Doc. 2026-03944 Filed 2-26-26; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.