On June 28, 2021, the U.S. Environmental Protection Agency (EPA) published a notice of proposed rulemaking for reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA) Section 8(a)(7). The proposed rule will require 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, disposal, exposures, and hazards.

Proposed requirements will apply to all PFAS substances. The EPA has identified 1,346 PFAS on the TSCA Chemical Substance Inventory (“Inventory”) as of April 2021, of which 669 substances are on the active Inventory. The proposed rule provides an illustrative list of substances subjected to the requirements.

The reporting requirements apply not only to businesses that manufacture or import PFAS substances, but also when PFAS is present as byproducts, impurities or in articles (such as articles containing PFAS as part of surface coatings). And, notably, there is no de minimis or minimum volume of PFAS to trigger reporting, hence reporting would be required for PFAS even when only in trace amounts in an article.

The submission period is proposed to be six months, which would begin six months following the effective date of the final rule, and the recordkeeping period is proposed to be 5 years, beginning on the last date of the submission period.

Public comment deadline for the proposed rule is August 27, 2021. In addition, the EPA has notified that comments pertaining to the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives them by July 28, 2021.

The proposed rule can be reviewed at: https://www.govinfo.gov/content/pkg/FR-2021-06-28/pdf/2021-13180.pdf

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