New Reporting Rule For 1,300-Plus PFAS Compounds, Proposed By US EPA

On the 10th of June, EPA proposed a new Per- and polyfluoroalkyl substances (PFAS) reporting rule after the White House Office of Management and Budget cleared it. For producers and importers, this new rule means that they have to supply extensive information on 1,300 plus substances that have been used in the US over the last 10 years.  

Producers and importers of substances need to take note, as this is vital to future regulatory actions. The rule encompasses by-products, impurities, and articles that contain compounds. And affected parties are expected to disclose information regarding their use of any of the compounds. This information should include by-products, chemical identity, use classifications, quantity generated and processed, environmental and health impacts, worker exposure counts and lengths, and disposal.  

EPA said it verified 1,346 PFASs on the TSCA inventory as of April 2021, and 669 are active in the US commerce. A one-year reporting timeline has been suggested by EPA, which will follow the enactment of a final rule by 1 January 2023. This is following the National Defense Authorization Act (NDAA) of the US. 

According to the agency, this effort is targeted at collecting detailed information and having a comprehensive dataset on PFAS manufactured in the US. Producers and importers of substances should take note, as this is vital to future regulatory actions. Furthermore, it will help reduce potential risks caused by these chemicals.  

For the next 60 days (following publication in the Federal Register), EPA is open to comments about this proposal with a particular interest in the following: 

1. identifying PFASs for reporting and whether imported articles containing them should also be covered 

1. issues for economic assessment, especially regarding implicated small businesses and other manufacturers or importers of these compounds or articles containing them 

1. the six-month submission period’s start date and duration, partially based on the CDR submission period 

1. requirements possibly repeating what the agency has gathered under TSCA or other laws 

1. the extent and format of collected environmental and health details 

1. proposed data elements’ scope and whether the agency should ask for additional ones 

1. how else it may utilize or publicize received information 

1. whether it should permit joint submissions when the supplier, producer, or importer is unaware of a substance’s identity or ingredients; and 

1. how the agency could facilitate small firms’ compliance, such as through outreach or adjusted reporting timelines. 

You can access the comment section via: www.regulations.gov 

Sources: United States Environmental Protection Agency  

Date: July 5, 2021