On October 11, 2023, the US Environmental Protection Agency (EPA) issued its final rule under the Toxic Substances Control Act (TSCA), obliging an extensive range of companies to store records and report extensive PFAS (Per- and polyfluoroalkyl substances) data. Scheduled to take effect on November 13, 2023, the rule is intended to help manage the presence of these substances in various sectors, from consumer goods to industrial applications. However, the implementation of this rule is already being called into question. This report suggests that the vast breadth of this reporting could be almost impossible to achieve.
PFAS are a group of man-made chemicals that have seen widespread use since the mid-20th century. Their ability to resist heat, oil, stains, grease, and water has made them extremely popular in a plethora of consumer goods, from non-stick cookware to water-repellent clothing. With their vast industrial applications, coupled with their environmental perseverance and capability to accumulate in living organisms, they have earned the nickname “forever chemicals”.
The new EPA rule mandates reporting of PFAS usage across many industries. The breadth of this reporting task – considering the number of industries and the broad application of PFAS – is significant. On the one hand, the rule aims to achieve the much-needed transparency around the use and effects of PFAS, a goal that resonates with many environmentalists and health advocates. On the other hand, it tasks industries with an incredibly wide-reaching and intensive reporting responsibility. Moreover, a key question persists: to what end?
While the detailed mechanisms of the rule have yet to be fully understood, its potentially enormous implications for legal accountability and environmental health resonate across the corporate world. As the rule comes into force, a careful watch will be needed to evaluate its feasibility and analyze its transformative potential in the battle against “forever chemicals”. Only time will truly tell how successfully the ambitious goals of this ruleset will be realized.