The US Environmental Protection Agency (EPA) signed on September 28, 2023 the ‘Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances’ (88 FR 70516). This anticipated rule establishes recordkeeping and reporting requirements for businesses who have manufactured or imported PFAS, including PFAS containing articles, for commercial purposes since January 1, 2011.
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PFAS Definition
PFAS are substances that contain at least 1 of the following structural elements:
- R-(CF2)-CF(R’)R’’, where both the CF2 and CF moieties are saturated carbons
- R-CF2OCF2-R’, where R and R’ can either be F, O, or saturated carbons
- CF3C(CF3)R’R’’, where R’ and R’’ can either be F or saturated carbons
The reporting requirement includes fluoropolymers meeting the rule’s definition of PFAS.
PFAS Reporting Requirements
The following information is required per the finalized rule:
- chemical identity
- categories of use
- production volumes
- by-products
- environmental and health effects
- number of persons exposed and duration of exposure
- disposal
Implementation Timeline of the New PFAS Rule
The rule became effective yesterday on November 13, 2023. Businesses have 18 months to collect information and complete reporting. Small businesses* whose reporting obligations under this rule are exclusively from imported articles will have an additional 6 months to report.
*Small businesses are defined as:
- a manufacturer (including importer) whose total annual sales, when combined with those of its parent company, are less than US$120 million, and the annual production volume of a chemical substance is less than 100,000 lbs; OR
- a manufacturer (including importer) whose total annual sales, when combined with those of its parent company, are less than US$12 million.
This article is originally published by SGS:
SGS is the world’s leading Testing, Inspection and Certification company. We operate a network of over 2,500 laboratories and business facilities across 115 countries, supported by a team of 99,500 dedicated professionals. With over 145 years of service excellence, we combine the precision and accuracy that define Swiss companies to help organizations achieve the highest standards of quality, compliance and sustainability.
Our brand promise – when you need to be sure – underscores our commitment to trust, integrity and reliability, enabling businesses to thrive with confidence. We proudly deliver our expert services through the SGS name and trusted specialized brands, including Brightsight, Bluesign, Maine Pointe and Nutrasource.
SGS is publicly traded on the SIX Swiss Exchange under the ticker symbol SGSN (ISIN CH0002497458, Reuters SGSN.S, Bloomberg SGSN:SW).
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