The obligation to report around Per- and Polyfluoroalkyl Substances (PFAS) in the United States appears to be at an all-time high, with more companies affected now than ever before. This change comes as the U.S. Environmental Protection Agency (EPA) released a pre-publication final rule removing the de minimis exception for PFAS reporting under the Toxic Release Inventory Reporting, in compliance with Section 313 of the Emergency Planning and Community Right to Know Act (EPCRA).
Initially, numerous firms seemed unaffected by PFAS reporting obligations, however, their counterpart is now likely already mapped out by the new obligations, as illustrated in the figure by Wiley Rein LLP. This figure takes into account factors such as the size of the organization, the industry it operates in, and whether it manufactures, processes, or otherwise uses PFAS. What this means, in essence, is that many more companies will need to monitor their PFAS usage and outputs closely, as they’ll have to comply with these new reporting obligations.
Given the rapid increase in companies reporting on PFAS, this field is now on a sharp upward trajectory that all legal professionals must keep their eyes on. It’s crucial to understand the specifics around the EPA’s pre-publication final rule and stay abreast of any future changes, as these regulations are likely to impact not just the companies themselves but also the broader community’s health and safety.
To delve deeper into this rising trend of PFAS reporting, you can refer to the full article on the subject here.