On October 11, 2023, the U.S. Environmental Protection Agency (EPA) published a significant final rule under the Toxic Substances Control Act (TSCA) Section 8(a)(7), which necessitates that manufacturers supply a singular report to the Agency that reveals their use of per- and polyfluoroalkylated substances (PFAS) for every year dating back to 2011. This rule stipulates a herculean task for manufacturers and importers who have used these substances over the past decade or so.
PFAS are a group of man-made chemicals that have been used in a variety of industries around the world since the mid-twentieth century. Given their potential for harmful health impacts and their ability to persist in the environment, PFAS usage and its repercussions are leading to increasing regulatory scrutiny.
The EPA’s new rule symbolizes a continued thrust from the regulatory agency to gather and assess more information about PFAS from manufacturers and importers. Even companies which have delisted their PFAS are not exempt from this reporting requirement, thereby increasing the scope of companies affected by this rule change.
With this increased scrutiny, it is more important than ever for legal professionals dealing with corporate regulations to be aware of the nuances and implications of this new EPA final rule. This is especially true for those representing manufacturers and importers of products which may contain these PFAS substances.
You can find further information about the rule in the original article posted on JD Supra.