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:
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