On September 28, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule regarding reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA).
The move, long-anticipated by both organizations and legal professionals in the field of environmental law, marked a milestone in the regulatory approach towards PFAS. The rule, however, is not what many stakeholders expected, nor wished for.
PFAS are a group of synthetic chemicals that have been widely used in numerous industries worldwide, including the manufacturing of food packaging materials, textiles, firefighting foams, and many others due in part to their resistance to heat, water, and oil.
The compounds’ resistance to degradation, resulting in environmental persistence, along with potential health and environmental impacts, has led to increasing regulatory scrutiny. However, determining reporting thresholds, exemptions, and other relevant details have posed significant obstacles to advancing regulatory measures.
Legal professionals operating in relevant sectors should carefully review this new rule and consider its implications. The lack of clarity and consensus around specifics of the EPA’s new reporting requirements may introduce a need for organizations to reconsider their current compliance strategies with respect to their utilisation and management of PFAS.
Moreover, the new rule further underscores the broader trend of increasing legal and regulatory focus on these synthetic substances. It is expected that entities involved in the manufacturing, use, processing, and disposal of PFAS should anticipate potential future regulatory requirements and prepare for an increasingly stringent regulatory environment around PFAS.
For more details on the EPA’s latest action regarding PFAS, the legal implications, and what it might mean for legal practice in relevant sectors, please refer to the full report available here.
This article is by Bergeson & Campbell, P.C., a law firm specializing in chemical industry regulations, providing comprehensive service to their clients on product approval and regulation, and a variety of other issues associated with chemical regulatory matters.