Expansive TSCA PFAS Reporting Rule: Impact on Manufacturers and Importers

The Toxic Substances Control Act (TSCA) proposed an expansive reporting requirement in 2021 that could have significant implications for a wide array of manufacturers and importers of products containing per- and polyfluoroalkyl substances (PFAS). The new Part 705 of the TSCA regulation commonly referred to as the TSCA PFAS Reporting Rule aims to impose a one-time reporting mandate. The previously stated range of manufacturers and importers includes those involved in the production of such products as water-repellant t-shirts, nonstick cookware, high-performance mountain gear, and many other items containing PFAS.

PFAS, also known as “forever chemicals”, are a group of man-made substances produced since the 1940s and are present in a vast number of consumer items. They are termed so because of their tendency to persist in the environment and the human body, leading to potential health risks. Concerns about the environmental and health impacts of PFAS have been rising, leading to increased regulatory scrutiny.

Organizations potentially affected by this development should be aware of the change and consider how it may impact their operations. Understanding the specifics of the TSCA PFAS Reporting Rule, especially its expansive ten-year look-back feature, is imperative for manufacturers, importers, and other related entities. Those who do not comply with the TSCA PFAS Reporting Rule may face significant legal repercussions.

For more details about The Perfect is Always the Enemy of the Good – TSCA’s Information Grab and the Expansive Ten-Year “Look Back” PFAS Reporting Requirement, please visit the full article written by Kilpatrick Townsend & Stockton LLP.