EPA Expected to Finalize PFAS Reporting Rule by Jan. 1, 2023

By Chelsea Lane, regulatory specialist, Supply Chain team, UL Solutions 

The U.S. Environmental Protection Agency (EPA) is expected to publish a final rule, no later than Jan. 1, 2023, which would require manufacturers (including importers) to report information on Per- and Polyfluoroalkyl Substances (PFAS) manufactured or imported since Jan. 1, 2011. If the rule is finalized as proposed, the submission period for reports would begin six months after the effective date of the final rule and would last for six months. Also, the submissions would need to be sent to the EPA electronically via the anticipated PFAS reporting tool in the Agency's Central Data Exchange (CDX).

Reportable information under this rule would include topics such as company and plant site information, chemical specific information, PFAS uses, production volumes, disposal, exposures, and hazards. 

The proposed rule was highly controversial, as evidenced by comments submitted by various stakeholders. From an industry perspective, the proposed rule’s lack of exemptions for research and development, small volumes, small businesses, and imported articles was clearly a concern.

Recommended action items 

1. See UL Solution's previously published article for more information about the EPA's proposed rule entitled "Reporting and Recordkeeping for Perfluoroalkyl or Polyfluoroalkyl Substances Under Section 8(a)(7) of the Toxic Substances Control Act (TSCA)."
2. Determine if you or your company may be affected by the publication. Find out if you currently or have previously manufactured (or imported) a chemical substance that is a PFAS since Jan. 1, 2011. The proposed rule includes over 1,300 examples of PFAS with their associated CAS Registry Numbers (CASRNs) that may be helpful to review.
3. Be on the lookout for updates regarding the publication of the final rule.

Reference

Proposed Rule: TSCA Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances