EPA Releases List Of Known PFAS Chemicals Covered By New Reporting Rules

February 1, 2024

Read the full article by Rick R. Rothman, Stephanie R. Feingold, Jeremy Esterkin, Drew Cleary Jordan, and Audria Cameron (Morgan Lewis)

"The reporting rule, which was finalized in September 2023 and published in the Federal Register on October 11, 2023, will impact businesses engaged in any form of importing or manufacturing, given both the breadth of the rule and the ubiquity of PFAS chemicals in manufactured and imported products.

The rule requires that regulated entities submit a retrospective report providing information relating to the manufacture and import of PFAS chemicals for each year in which PFAS or PFAS-containing articles were manufactured or imported between January 1, 2011, and December 31, 2022.

Because the rule does not contain exemptions for small businesses, de minimis usage, or reporting on finished end-use articles (as opposed to chemical products), it is anticipated that many of the entities falling under the rule’s purview will have never before faced similar reporting obligations and may require more guidance than the text of the regulations offer. EPA appears to have recognized this and recently announced that it is working on additional guidance concerning the implementation of the new TSCA reporting rule, which it hopes to release in summer 2024."