The United States Environmental Protection Agency (EPA) has released its definitive reporting regulation, which orders manufacturers and importers of PFAS and PFAS-containing articles to submit thorough PFAS data dating back till 2011. This directive, issued on September 28, 2023, introduces a remarkable twelve-year reporting requirement for PFAS records. Jenner & Block reports on the aspect in their recent legal commentary.
Apart from the challenge of adhering to a reporting rule with a lookback of over a decade, the final rule also brings into being a structure-based PFAS definition.
Per- and polyfluoroalkyl substances (PFAS) form a group of man-made chemicals, which have been in production since the mid-20th century. They are utilized in a broad gamut of industries globally. While some researches have associated PFAS exposure to adverse human health effects, the scientific ‘understanding of these substances continues to develop. In response to health and environmental concerns, the EPA’s rule stands as an effort to improve regulatory management and data collection for these persistent compounds.
This recent mandate by the EPA is a significant development for manufacturers and importers involved with PFAS materials. Given the long-standing and widespread use of these substances, organizations might find it challenging to comply with such exhaustive reporting and data provision. Especially when it comes to older records, which might not have been kept keeping in mind a future regulatory requirement.
As we delve into the era of corporate transparency and accountability, this rule reinforces the need for organizations to maintain robust historical records, and underscores the shifting focus towards environment and health sensitivity in today’s industrial environment.