Comment Deadline Extended for EPA Proposed Reporting Rule for PFAS Compounds

On June 28, 2021, EPA proposed a new reporting and recordkeeping rule for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control  Act (TSCA). The proposed rule applies to manufacturers and importers of PFAS chemicals, including small manufactures and manufacturers who produce PFAS as a byproduct. In addition, the proposal would subject articles containing PFAS to reporting requirements.  The rule does not require processors or users of PFAS to report.

If finalized, the rule would require certain persons that manufactured or imported PFAS in any year since January 1, 2011, to report information for each substance and mixture related to chemical identity and molecular structure; categories of use; volumes manufactured and processed; byproducts resulting from the manufacture, processing, use and disposal; environmental and health effects, worker exposure, and method of disposal. 

The proposed rule includes several issues of concern that will need to be addressed in comments, including:

• the fact that ALL PFAS are included,
• there is no small business exemption,
• there is no minimum reporting threshold,
• there is no “article” exemption,
• there is no clear definition of an article,
• the scope of the definition of manufacturers and importers needs clarification,
• further clarification on which articles containing PFAS could trigger reporting, duplicative reporting requirements, and the reporting period includes a retrospective review of ten years (which is highly unusual and very burdensome).  

Industry stakeholders have asked EPA to consider providing exemptions to reporting and phase in additional reporting only if it is needed to gather the appropriate data on the manufacture and import of PFAS.

EPA recently extended the comment period on the proposed rule until September 27, 2021. The statutory deadline for the final rule is January 1, 2023, and the effective date of the reporting requirements will January 1, 2024.  NASF is working with several industry trade groups in Washington to develop comments and will also submit comments on behalf of NASF to address issues of specific concern to the surface finishing industry.  If you have any questions or would like additional information, please contact Jeff Hannapel with NASF at jhannapel@thepolicygroup.com.  

This update is courtesy of the National Association for Surface Finishing (NASF). For more information or to become a member, visit nasf.org.