The U.S. Environmental Protection Agency’s (EPA) final ruling, expanding reporting requirements for the manufacture of per- and polyfluoroalkyl substances (PFAS), officially took effect on November 13, 2023. The PFAS Reporting Rule necessitates manufacturers, including importers of PFSs and PFAS-containing articles, to report information related to chemical identity, uses, volumes made and processed, by-products, environmental and health effects to the EPA every year since 2011. The law firm Allen & Overy LLP provided an indepth analysis on this new regulation. To know more, read here.
The final ruling and subsequent reporting requirements represent a focused effort by the EPA to keep track of the production and usage of PFAS, potentially harmful chemicals known for their resilience and widespread use across diverse sectors. PFAS chemicals are often termed “forever chemicals” due to their persistence in the environment and in human bodies; their health effects are of growing concern and have come under increasing scrutiny.
With the new PFAS Reporting Rule, the EPA envisions compiling a more comprehensive dataset relating to the manufacture and processing of PFAS chemicals. Manufacturers are required to submit detailed information including the identity of the chemical, its uses, the volumes processed and any known environmental or health implications.
The PFAS Reporting Rule is likely to have wide-ranging implications for both domestic and international manufacturers who make or import PFAS chemicals or goods containing these substances. There will be regulatory, compliance, and potentially even litigation considerations for organizations affected by the new rule.
This new regulation outlines the EPA’s ongoing commitment to addressing potential health and environmental risks associated with PFAS, positioning the Agency at the forefront in mitigating these ‘forever chemicals’ effects.