On September 28, 2023, the United States Environmental Protection Agency (EPA) finalized a rule known as the “Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances” (TSCA PFAS Reporting Rule). Announced by Faegre Drinker Biddle & Reath LLP, this regulation holds significant implications for manufacturers and importers due to its rigorous data submission demands. Read more on JD Supra.
The rule requires companies to report all pertinent information about their handling of PFAS, a group of man-made chemicals receiving increased regulatory focus due to their potential health hazards and their tendency to persist in the environment. The data that manufacturers and importers must report encompasses information that is both known and ‘reasonably ascertainable.’ This last category is inclusive of information that these entities can acquire through reasonable efforts or could have discovered through due diligence.
The primary challenge introduced by these requirements is the need for companies to report information that has been known or could have been reasonably discovered since January 1, 2011. In this retrospective aspect, the rule is unusual and may demand considerable investigatory effort on the part of manufacturers and importers to establish historical continuity of data about their PFAS-related activities.
Given these points, manufacturers and importers are facing significant shifts in their recordkeeping and reporting responsibilities. It is essential for such companies to engage in proactive and diligent data collection and audit efforts to stay in compliance with these regulations. As with any changes in the law, early awareness and swift action can help businesses navigate this new terrain and mitigate any potential risks.