On January 19, 2023, the United States Environmental Protection Agency (EPA) issued a final rule requiring premanufacture notice (PMN) for any chemical substance or significant new use of a chemical substance that is a long-chain per- and polyfluoroalkyl substances (PFAS); often referred to as ‘forever chemicals’ due to their persistent nature in the environment and human health.
This rule will apply to all manufacturers, including importers, of articles containing PFAS, and will significantly impact corporations and businesses dealing with such substances. The rule was established under the Toxic Substances Control Act (TSCA) Section 5 and was intended to give authorities better control and insight into the use and distribution of such challenging and difficult-to-manage compounds.
Potential implications for corporate law professionals range from the increased regulatory scrutiny and compliance requirements for their clients to potential civil proceedings arising from non-compliance. Recognizing the various types of entities that will be impacted by this rule is critical, and understanding the intricacies of the reporting and record-keeping requirements for PFAS is essential for advising clients accurately.
Corporations have been given an anticipated reporting deadline to adhere to these requirements, with specific deadlines varying depending on the sector and the specifics of each organization’s operations. This aggressive timeline will require expedient action and diligent record-keeping to ensure compliance is achievable.
As documented by Alston & Bird, these changes highlight the increasing pressure to manage and report on the use of potentially harmful substances. It underscores the need for corporate legal teams to be well-versed in environmental legislation and the potential impacts it may have on their clients’ operations.
This rule further underscores the trend towards stricter regulations and stricter enforcement of existing laws. For those working in corporate law, a comprehensive understanding of the potential legal implications and the necessary steps to ensure compliance is more important than ever.