EPA finalizes PFAS reporting and recordkeeping rule

The Environmental Protection Agency (EPA) has finalized the reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA) section 8(a)(7) statutory obligations. PFAS, called "forever chemicals," are a group of long-lasting synthetic chemicals used extensively in industrial and consumer products and manufacturing processes, such as food contact substances, transportation equipment, electronics, cooking and bakeware, and firefighting foams.

Any person or entity that manufactures (including imports) or has manufactured (including imported) in any year since January 1, 2011, PFAS and PFAS-containing articles is required to report specific data electronically to EPA, including:

• Chemical identity,
• Uses,
• Volumes made and processed,
• Byproducts,
• Environmental and health effects,
• Worker exposure, and
• Disposal.

Recordkeeping impacts

The final rule:

• Expands the definition of include 41 additional PFAS of concern, making at least 1,462 PFAS covered by TSCA subject to reporting;
• Streamlines reporting requirements; and
• Reduces the burden for entities that made or used small quantities of PFAS for research and development and for entities that imported PFAS-containing articles into the U.S.

Data must be reported to EPA within 18 months of the final rule's effective date. Small businesses reporting data only on importing PFAS-containing articles have 24 months to report to the agency.

Key to remember: EPA has finalized the reporting and recordkeeping rule for PFAS covered by TSCA. Manufacturers, including importers, have 18 months from the effective date of the final rule to report the data to EPA. Small businesses exclusively importing PFAS-containing articles have 24 months.