On September 28, 2023, the U.S. Environmental Protection Agency (EPA) issued a definitive rule aimed at imposing reporting obligations under Section 8(a)(7) of the Toxic Substances Control Act (TSCA), particularly for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). This reporting norm will apply if you have manufactured or imported PFAS intended for commercial use since January 1, 2011, be it independently or in any form of industrial or consumer product that falls under the jurisdiction of the EPA.
The mandate is far-reaching, covering a multitude of items and exhibiting no exemptions of any kind, be it for impurities present in substances, or for imported goods containing PFAS—an aspect that is quite evident from the EPA’s new PFAS reporting rule.
The relevance of the TSCA, and by extension the mandatory reporting rule, comes into the picture due to its role in regulating the introduction of new or already existing chemicals. Thus, PFAS, which is renowned as a group of man-made chemicals, falls under its purview.
For legal professionals and entities involved in the production or import of PFAS for commercial purposes, it is now crucial to understand and navigate the implications of this new rule. Given the broad scope of the new EPA mandate, professionals across industries, especially those in manufacturing and importing businesses, need to take cognizance of their operations that may fall under the EPA’s authority.
For an in-depth look at this topic, you might want to peruse this detailed discussion by Wiley Rein LLP on the new EPA PFAS reporting rule. Follow the link here.
Considering that the globe is becoming more environmentally conscious, large corporations and firms need to recalibrate processes and policies in line with such legislative changes. Compliance with environmental laws and regulations is no longer just about meeting requirements, but a significant part of corporate responsibility towards sustainability.