On March 1, 2021, the White House Office of Management and Budget (OMB) received for review under Executive Order 12866 (Regulatory Planning and Review) from the U.S. Environmental Protection Agency (EPA) a proposed rule entitled “Reporting and Recordkeeping for Perfluoroalkyl or Polyfluoroalkyl Substances Under Section 8(a)(7) of the Toxic Substances Control Act (TSCA)” (Proposed Rule). This action is required under Section 7351 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA) that amended TSCA Section 8(a). NDAA Section 7351 and TSCA Section 8(a)(7) require EPA to promulgate a rule by January 1, 2023, requiring each person who has manufactured a perfluoroalkyl or polyfluoroalkyl substance (PFAS) in any year since January 1, 2011, to submit to EPA a report that includes, for each year since January 1, 2011, the information described in TSCA Section 8(a)(2)(A)-(G). This includes, to the extent known or reasonably ascertainable to the manufacturers (including importers) of the PFAS:
(A) The common or trade name, the chemical identity, and the molecular structure of each chemical substance for which such a report is required.
(B) The categories or proposed categories of use of each such substance.
(C) The total amount of each such substance manufactured or processed, reasonable estimates of the total amount to be manufactured or processed, the amount manufactured or processed for each of its categories of use, and reasonable estimates of the amount to be manufactured or processed for each of its categories of use or proposed categories of use.
Bergeson & Campbell PC, 25 May 2021