EPA Proposes New Reporting and Recordkeeping Rule for PFAS

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EPA Proposes New Reporting and Recordkeeping Rule for PFAS

By: Doug Hunter

On June 28, 2021, the US EPA proposed reporting and recordkeeping requirements under the Toxic Substances Control Act (TSCA) section 8(a)(7) for PFAS manufactured in any year since January 1, 2011.   If finalized as proposed, the rule would require persons that manufacture (including import) or have manufactured PFAS in any year since January 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards.  The stated purpose of the proposed rule is the collection of detailed data on PFAS, as required under TSCA section (8)(a)(7), with the hope that the information may serve as a basis to better understand potential routes of PFAS exposure and potential human health and environmental impacts of certain PFAS, among other research needs listed in the Agency’s PFAS Action Plan.  The proposed rule applies to over 1,300 PFAS substances and mixtures that fall with the structural definition of PFAS as defined within the rule. 

Because the proposed rule applies to persons that manufacture and/or import PFAS substances, it could apply to companies that previously were not subject to TSCA.  That’s because in addition to PFAS substances and mixtures, articles containing PFAS as part of surface treatments or coatings are included in the scope of reportable chemical substances.  This covers a wide range of consumer goods including cookware, carpets, upholstery, clothing, cleaning products, paper/cardboard products, and paint.  EPA proposes that the manufacture/importer report information to the extent that the information is “known to or reasonably ascertainable by” the reporter.  The proposed reporting standard caries with it an exercise of due diligence, however, the information gathering activities necessary to achieve the reporting standard may vary from case-to-case. 

Manufactures would essentially have one year following the effective date to collect and submit all required information to EPA.  TSCA section 8(a)(7) requires the EPA to publish a final rule no later than January 1, 2023.  The public comment period for the proposed rule has been extended from August 27, 2021 to September 27, 2021 and comments can be submitted using the Federal eRulemaking Portal at https://www.regulations.gov/.

Published in the August 2021 Focus on the Environment.

Doug is a licensed professional geologist in Indiana. As a consulting hydrogeologist, Doug specializes in aquifer characterization and yield determinations, well and wellfield performance evaluations, and the design and testing of both vertical well and horizontal collector well systems. Additional areas of expertise include environmental assessment and remedial system evaluation and design. He has worked throughout the United States on a wide variety of groundwater supply and environmental contamination related projects. Doug’s wide-ranging expertise and extensive experience in the groundwater supply industry add another dimension to Cox-Colvin’s technical staff and provide additional opportunity to support our clients in meeting their needs and reaching their business goals.