US - EPA Proposes Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)

​The Environmental Protection Agency (EPA) proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) on June 10. In accordance with obligations under TSCA, as amended by the National Defence Authorization Act for Fiscal Year 2020, EPA proposes to require certain persons (including small businesses) that manufacture (including import) or have manufactured these chemical substances in any year since January 1, 2011, to electronically report information regarding PFAS uses, production volumes (including as a byproduct), disposal, exposures, and hazards.

Articles containing PFAS, including imported articles (e.g. articles containing PFAS as part of surface coatings), are included in the scope of reportable chemical substances. However, TSCA does not define articles, nor does the statute define articles as a category of substances exclusive of chemical substances. And EPA is also interested in comment on whether imported articles containing PFAS should be within the scope.

The followings are exempt from the proposed rules:

- any pesticide as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

- any food, food additive, drug, cosmetic or device as defined by the Federal Food, Drug and Cosmetic Act

- tobacco or any tobacco product

- any source material, special nuclear material or byproduct material defined in the Atomic Energy Act of 1954

- any article the sale of which is subject to the tax imposed by Section 4181 of the Internal Revenue Code of 1954

EPA has identified 1,346 PFAS on the TSCA Chemical Substance Inventory as of April 2021, 669 of which are on the active Inventory.

EPA is requesting public comment on all aspects of this proposed rule and has also identified items of particular interest for public input, including the scope of PFAS covered by the rule. EPA is providing a comment period of 60 days from the publication date of this Notice of Proposed Rulemaking (NPRM).

The final rule must be published in Federal Register not later than January 1, 2023.