The U.S. Environmental Protection Agency (EPA) has instituted a singular reporting rule pertinent to the manufacture, inclusive of import, of per- and polyfluoroalkyl substances (PFAS). In the face of strong opposition from the industry, the implicated companies will now include importers of articles containing any quantum of PFAS. The new regulation, passed by Beveridge & Diamond PC, departs fundamentally from previous Toxic Substances Control Act (TSCA) protocols. The full details of this new ruling can be sought from the original release at JDSupra.
Substantive changes include the discarding of exemptions typically found under the remit of the TSCA. Common examples of these omissions would include impurities, byproducts, along with most research and development activities. These alterations emphasise a seismic shift of the EPA’s operational remit with respect to the actors and actions that come under their purview.
In addition to the augmentation of the scope of the rule, the reporting process itself has been fundamentally re-evaluated. This mandates a stricter regimen on companies involved in the manufacturing or importing sectors dealing with PFAS-based articles to allow for comprehensive oversight by the EPA. A failure to effectively engage with these requirements may result in significant financial punishment, up to and potentially including judicial proceedings.
In conclusion, this novel rule imposes stringent oversight and reporting expectations on corporations operational within the manufacturing, importation, and use of per- and polyfluoroalkyl substances, enforcing potential financial and legal penalties for non-compliance. This action constitutes a bold and decisive move from the EPA to ensure a tighter rein over the organisations influencing the production, distribution, and application of PFAS.