As legal professionals working in big corporations and law firms, it is of vital importance to remain updated on the latest legal and regulatory changes in the environment that our organizations operate in. One such significant update pertains to a recent final rule issued by the U.S. Environmental Protection Agency (EPA) on October 11, 2023, under the Toxic Substances Control Act (TSCA).
According to the terms of this rule, every company that manufactured or imported per- and polyfluoroalkyl substances (PFAS) for a commercial purpose in 2011 or after is now required to report PFAS data to the EPA. This information should be submitted within 18 months from the effective date of the Rule, which was November 13, 2023.
PFAS consists of nearly 1,462 chemicals, making it a substantial group of substances whose effects on human health and the environment have been contentious. While well-regarded in industrial and consumer applications for their resistance to heat, water, and oil, their environmental and potential health impact has been a growing concern. Long-chain PFAS, in particular, have been associated with adverse health conditions in humans and are known to accumulate in the environment.
The EPA’s recent final rule constitutes an integral part of the agency’s strategy toward better understanding and regulating this group of substances. Given the extensive range of chemicals identified as PFAS, this rule presents significant implications for a broad spectrum of industries that have either manufactured or imported these chemicals.
As such, it is crucial that our organizations swiftly respond to this regulatory change, not least due to the tight timeline established by the rule. Firms which have manufactured or imported PFAS in the specified period must collect and submit comprehensive data to the EPA within the stated timeframe.
To ensure that such an obligation is duly met, it might be necessary to undertake a thorough internal review to understand our respective organizations’ history and current status concerning the manufacture or import of PFAS. Thereafter, appropriate steps should be taken to gather the requisite information and report it as stipulated in the rules.
This development is testament to the need for constant vigilance in the evolving landscape of environmental legislation and a prompt response to such changes. Not responding, or responding inadequately, could pose notable legal and reputational risks to organisations.