The U.S. Environmental Protection Agency (EPA) has recently issued a final rule that mandates the reporting of prior manufacturing of per- and polyfluoroalkyl substances (PFAS). The rule falls under the jurisdiction of the Toxic Substances Control Act (TSCA) and applies to both domestically produced and imported goods. Integrating this requirement into the existing legal framework signifies a notable evolution in the agency’s approach to combating the challenges associated with PFAS, a group of man-made chemicals that have been in use since the mid-20th century.
Given the potential health and environmental risks linked to PFAS, the legislation aims to provide greater transparency and oversight. However, the extent to which the reporting requirement will affect the manufacturing sector and its consequences for the legal landscape remain to be seen.
This final rule obliges producers, importers, and others who have manufactured PFAS in any year since January 1, 2011, to provide comprehensive data related to the properties of these chemicals, associated health and environmental effects, and the extent of their exposure.
Comprehension and adherence to such new rules and regulations often pose a significant challenge to corporations and law firms operating on a global scale. Therefore, it is incumbent upon these entities to familiarize themselves with these changes, understand the ramifications, and prepare for potential audits, investigations, and litigations.
For the full details regarding the ruling, follow this link to the Harris Beach PLLC publication reporting the release of the PFAS reporting rule by EPA.