According to a recent news release issued by the U.S. Environmental Protection Agency (EPA), the agency finalized a rule that will provide EPA, its partners and the public with the largest-ever dataset of per- and polyfluoroalkyl substances (PFAS) manufactured and used in the United States. The new rule will produce actionable data that can be used by EPA, as well as state, local, and Tribal governments to craft policies and laws that protect people from dangerous “forever chemicals.”
PFAS are a category of manufactured chemicals that have been used in industry and consumer products since the 1940s. PFAS have characteristics that make them useful in a variety of products, including nonstick cookware, waterproof clothing, and firefighting foam, as well as in certain manufacturing processes.
The rule defines reporting and recordkeeping requirements for PFAS under the Toxic Substances Control Act (TSCA). In accordance with obligations under TSCA, as amended by the National Defense Authorization Act for Fiscal Year 2020, EPA is requiring any person that manufactures (including import) or has manufactured (including imported) PFAS or PFAS-containing articles in any year since January 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures and hazards. Any entities, including small entities, that have manufactured (including imported) PFAS in any year since 2011 will have 18 months following the effective date of this rule to report PFAS data to EPA.
The rule is part of multiple key actions undertaken by the EPA to safeguard public health and advance environmental justice. The EPA’s PFAS Strategic Roadmap sets timelines to take specific actions and commits to bolder new policies to safeguard public health, protect the environment, and hold polluters accountable. The actions described in the PFAS Roadmap each represent important and meaningful steps to safeguard communities from PFAS contamination. Cumulatively, these actions will build upon one another and lead to more enduring and protective solutions.
The final rule expands on the definition of PFAS in the proposed rule to include 41 additional PFAS that were identified as being of concern. EPA has determined that at least 1,462 PFAS that are known to have been made or used in the U.S. since 2011 will be subject to the final rule, better capturing the important data the agency needs to protect human health and the environment from these chemicals.
The final rule also streamlines reporting requirements and reduces the burden for those who made or used small quantities of PFAS for research and development purposes and for those who imported PFAS contained in articles into the U.S.
Data is due to EPA within 18 months of the effective date of the final rule, with an additional six months for reports from small businesses that are solely reporting data on importing PFAS contained in articles. For more information, click here to read the rule.