U. S. EPA proposes TSCA's reporting and record keeping requirements for perfluoroalkyl and polyfluoroalkyl substances

On June 28, 2021, the U.S. Environmental Protection Agency (EPA) issued a proposed rulemaking notice on the reporting and record keeping requirements for perfluorinated and polyfluoroalkyl substances (PFAS) under Section 8 (a) (7) of the Toxic Substances Control Act (TSCA). The proposed rules require enterprises that manufacture (including import) or have manufactured these chemicals in any year since January 1, 2011 to report electronically information on the use, production, disposal, exposure and hazards of PFAS.

The proposed requirements will apply to all PFAS substances. As of April 2021, EPA has identified 1346 PFAS in the TSCA chemical substances list ("list"), of which 669 substances are in the active substances list. The proposed rules provide an illustrative list of substances subject to requirements.

The reporting requirements apply not only to enterprises manufacturing or importing PFAS substances, but also to PFAS as by-products, impurities or in articles (such as articles containing PFAS as part of surface coating). Moreover, it is worth noting that there is no minimum or minimum volume of PFAS triggering the report. Therefore, even if there is only a small amount of PFAS in the article, it needs to be reported.

The submission period is proposed to be 6 months, starting from 6 months from the date of entry into force of the final rules; The recommended retention period of records is 5 years, starting from the last day of the submission period.

The deadline for public consultation on the proposed rules is August 27, 2021. In addition, the EPA has informed that if the office of management and budget (OMB) receives comments related to the information collection provisions by July 28, 2021, it is most likely to consider them.