On September 28, 2023, the United States Environmental Protection Agency (EPA) broke new ground in regulations on the use and management of per- and polyfluoroalkyl substances (PFAS) chemicals. The pre-publication rule imposed by the EPA details an extensive reporting system and recordkeeping requirements under the Toxic Substances Control Act (TSCA).
As elaborated in the rule itself, businesses involved in the manufacturing or import of PFAS chemicals, even those that have facilitated manufacturing or import in the past, are now required to report a significant amount of information to the EPA. The reporting requirement extends backwards, obligating businesses to produce records dating from as far back as January 1, 2011.
This ruling signals an ambitious move from the EPA to keep tabs on these potentially hazardous substances. PFAS, also known colloquially as “forever chemicals” are man-made substances that are resilient and do not break down easily in the environment or the human body. Their pervasiveness coupled with possible links to health issues have led to increased regulatory attention.
The onus of the reporting system falls upon businesses who are now required to tune their internal compliance mechanisms in accordance with the EPA’s requirements, proof of which necessitates substantial data from the past decade. Undeniably, the implications of this ruling are wide-ranging and colossal for both the companies involved as well as environmental law lifescapes.
The complete extent and impacts of this rule are surely to unfold over the coming months, paving the way for a renewed discourse on environmental regulation, toxic chemical management and corporate responsibility on a global scale.