Now it's official - on October 11, 2023, the rule, already announced by the Environmental Protection Agency (EPA) on September 28, 2023, was published in the Federal Register (FR). The rule is effective on November 13, 2023.
In the rule, EPA establishes reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA) Section 8(a)(7). Under this provision, companies that manufacture (including import) or have manufactured these chemicals are required to submit to EPA information on PFAS use, production quantities, byproducts, disposal, exposure, and existing environmental or health effects information for the back period beginning January 1, 2011. The deadline for submitting the data is 12 months or 18 months (24 month for small entities), which means the data must be reported to EPA during the period November 2024 through May 2025 (or November 2025 for small entities). The goal of this rule is to better characterize the sources and quantities of PFAS produced or used in the United States.
In addition, a majority of U.S. states have also enacted PFAS regulations that impose corresponding reporting requirements or even restrictions. Maine and Minnesota, in particular, are the pioneers in this regard and have enacted corresponding market access restrictions for products containing intentionally added PFASs.
Author
Fully qualified lawyer Inken Green
Product & Material Compliance Expert
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