PFAS update: EPA proposes reporting on the last 10 years of manufacture or import of products containing PFAS


The Environmental Protection Agency (“EPA”) is proposing new reporting requirements for Per- and Polyfluoroalkyl Substances (“PFAS”) that would require manufacturers, including importers, to report on their manufacture or import of products containing any PFAS compounds in any year looking back to January 1, 2011. The stated intent of this new requirement under the Toxic Substances Control Act (“TSCA”) is so that EPA can “better characterize the sources and quantities of manufactured PFAS in the United States.” See 86 FR 121 (June 28, 2021).

EPA has explained that the Proposed Rule would apply to all chemical substances and mixtures that used a PFAS substance and were manufactured or imported between January 1, 2011 and the effective date of the final rule. See 86 FR 121 (June 28, 2021). A chemical substance is defined broadly at 40 CFR §720.30(e), but this definition is subject to some exclusions. EPA indicates that at least 1,364 PFAS substances qualify as a chemical substance, and accordingly, are subject to this Proposed Rule. See 86 FR 121 (June 28, 2021).

A public comment period is currently ongoing, and all comments are due by September 27, 2021. Potentially affected businesses should consider submitting public comments after reviewing the topics listed below. As drafted, the Proposed Rule has the potential to impose significant reporting obligations on companies that may not understand or appreciate that the products they manufacture or import contain PFAS.

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~sJD Supra, 8 September 2021