US EPA Publishes Rule for PFAS Reporting under TSCA

Oct. 20 2023

As a follow up to our previous bulletin, the US Environmental Protection Agency (EPA) final rule on reporting of per- and polyfluoroalkyl substances (PFAS) has now been published in the Federal Register.

The Federal Register notice was published on October 11, 2023 and will become effective 30 days from publications, or November 13, 2023.

Key Points of the Rule:

WHO REPORTS?

Any person who has manufactured for commercial purposes a chemical substance identified in the rule.
- This includes imported articles containing PFAS. Articles are defined in 40 CFR 704.11 and may include various consumer products.
Adjusted requirements exist for small entities, as defined in 40 CFR 704.3, and a small entity compliance guide to help navigate the requirements.

WHAT IS REPORTED?

Data that is known or reasonably ascertainable by the below definition is expected to be reported. If any data is not available, it can be reported as Not Known or Reasonably Ascertainable (NKRA) and an explanation of the effort to find the information or reason it is not available should be included.
Known to or reasonably ascertainable is defined as “all information in a person's possession or control, plus all information that a reasonable person similarly situated might be expected to possess, control, or know.”
Based on the TSCA inventory list, reporting would include around 1,462 substances. However, the specific definition of PFAS in the rule should be consulted when determining if a substance needs to be reported.
Information to be reported includes:
- common or trade name, chemical identity and molecular structure of each chemical substance or mixture required to be reported using the definition of PFAS within the rule;
- categories or proposed categories using each substance or mixture;
- total amount of each substance or mixture manufactured or processed, the amounts manufactured or processed for each category of use, and reasonable estimates of the respective proposed amounts (or total volume of articles imported for reported items);
- descriptions of byproducts resulting from the manufacture, processing, use, or disposal of each substance or mixture;
- all existing information concerning the environmental and health effects of each substance or mixture;
- number of individuals exposed, and reasonable estimates on the number of individuals who will be exposed, to each substance or mixture in their places of work and the duration of their exposure; and
- the manner or method of disposal of each substance or mixture, and any change in such manner or method.

DATES and TIMING?

The rule becomes effective on November 13, 2023.
Entities have between 18-24 months to gather information and report for each year from January 1, 2011 to December 31, 2022.

Link to EPA Final Rule page:
https://www.federalregister.gov/documents/2023/10/11/2023-22094/toxic-substances-control-act-reporting-and-recordkeeping-requirements-for-perfluoroalkyl-and#:~:text=EPA%20proposed%20to%20require%20any,uses%2C%20byproducts%2C%20worker%20exposure%2C

For more information or guidance, it is recommended to reach out to contacts noted in the “For Further Information Contact” section on page 1 of the above link or a consultant/ law firm that focuses on TSCA.

Keep an eye out for additional updates.
If you have any questions, please contact your customer service representative or email: info@us.bureauveritas.com
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