EPA's Wide-Ranging Rule On Perfluoroalkyl Substances

• EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already are the subject of a global phaseout.
• Nevertheless, as proposed, the rulemaking stands to have the unintended consequence of incentivizing United States importers to undertake potentially time-consuming and onerous investigations of their supply chains to be able to substantiate that the imported articles are PFAS-free.
• Limiting the scope of the article exemption stands to affect a wide range of businesses, some of which have had no reason in the past to think twice about TSCA.

The United States Environmental Protection Agency (EPA or the Agency) has taken another step toward regulating perfluoroalkyl substances (PFAS). Specifically, on February 20, 2020, EPA issued a pre-publication version of a Supplemental Proposed Rule that could affect a host of businesses that traditionally have not had to concern themselves with Toxic Substances Control Act