The Environmental Protection Agency (EPA) has finalized a rule that removes the De Minimis exemptions. This new regulation will make significant impacts, subjecting companies to enhanced PFAS (perfluoroalkyl and polyfluoroalkyl substances) reporting, and intensifying supplier notification requirements. JD Supra delivers an in-depth review of the rule’s intricacies and implications.
Earlier this year, it was reported that the EPA planned to necessitate stricter reporting of PFAS to the Toxics Release Inventory (TRI). After careful consideration of 36 public comments, the EPA decided to proceed with the proposed rule without any substantive changes. It is worth examining the final rule and its essential components.
One of the prominent aspects of this finalized ruling is the removal of De Minimis exemptions. Until now, these exemptions provided companies some leeway with regards to minimal levels of PFAS usage. This removal implies that each discrete PFAS will be individually reported, irrespective of the quantity.
Alongside the more rigid PFAS reporting, the EPA has also strengthened the supplier notification requirements. Such a step will work to enhance the traceability and accountability of PFAS substances across the supply chain.
This finalized rule by the EPA signals a broader shift towards overall environmental accountability for corporations. As a result, it is of utmost importance for legal professionals operating within corporate contexts across the United States to thoroughly understand and prepare for the implications of this enhanced reporting protocol.