Update: EPA Proposes New TSCA Reporting Rule for PFAS

[UPDATE 08/30/21] Earlier this month, EPA extended the comment period on its new TSCA reporting rule to September 27, 2021. The extension appeared in the Federal Register on August 3.
 

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[UPDATE 06/28/21] Today US EPA proposed a new TSCA rule to require manufacturers and importers of PFAS to report on their activities. Comments on the proposal are due by August 27, 2021.

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Original Article Text (Posted June 14, 2021)

US EPA will require businesses that manufactured or imported PFAS in the past ten years to report production and safety data under a new Toxic Substances Control Act (TSCA) rule the agency is preparing to propose.

Update: Read the proposed rule in the June 28 Federal Register. 

TSCA Section 8 Reporting and Recordkeeping for PFAS

The proposed rule would require persons that presently manufacture or import, or have manufactured or imported, PFAS chemicals in any year since January 1, 2011, to electronically report information about their activities, including:

• uses,
• production volumes,
• disposal,
• exposure, and
• hazards.

The manufacture of PFAS as a byproduct is not exempt for the purpose of this proposed rule, and there is no exception for small manufacturers/importers.

Why the Concern About PFAS?

Per-fluoroalkyl and polyfluoroalkyl substances (PFAS) are referred to as “forever chemicals” because their chemistry—a carbon-fluorine bone—prevents them from breaking down under typical environmental conditions. The degradation of these synthetic organic compounds can take hundreds or thousands of years.

More than 600 compounds containing PFAS chemicals are used in the US to manufacture a wide variety of products: firefighting foam, non-stick cookware, cosmetics, carpet stain-prevention treatments, and dental floss, to name a few.  

Currently, no Federal limits exist on concentrations of PFAS in drinking water—but that could soon change. In February 2021, EPA reissued regulatory determinations for a set of drinking water contaminants, including two of the most prevalent PFAS chemicals. EPA has made the final determination to regulate two PFAS chemicals—perfluorooctanesulfonic acid acid (PFOS) and perfluorooctanoic acid (PFOA).

EPA intends to address the lack of appropriate regulations for PFAS chemicals and set limits for these substances as they have for other dangerous pollutants like lead, benzene, uranium, and arsenic. In order to accomplish this goal and safeguard human health and the environment, they need data.

How to Submit Comments to EPA

EPA will accept public comments on the proposal for 60 days following publication in the Federal Register. Comments should be submitted using the Federal e-Rulemaking Portal at regulations.gov and reference docket ID number EPAHQ-OPPT-2020-0549.

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Tags: chemicals, environmental compliance, reporting and recordkeeping, TSCA