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ARTICLE · 23 OCTOBER 2023

EPA Announces Its Long-Awaited PFAS Reporting Requirements Under The Toxic Substances Control Act

Meissner Tierney Fisher & Nichols
Explore more from Meissner Tierney Fisher & Nichols

On September 28, 2023, the U.S. Environmental Protection Agency (the "EPA") finally finalized its rule requiring the reporting and recordkeeping of per- and polyfluoroalkyl substances ("PFAS").

United StatesEnvironment
Alexander C. Lemke
Alexander C. Lemke

On September 28, 2023, the U.S. Environmental Protection Agency (the "EPA") finally finalized its rule requiring the reporting and recordkeeping of per- and polyfluoroalkyl substances ("PFAS"). The rule was posted on October 10, 2023, and provides the details of what is required to comply with the rule. This article will provide a high-level summary of the who, how, what, and when of this new rule in an effort to provide a basic guideline of what is expected for those who deal with and work with PFAS.

Who is subject to the rule?

From the outset, one can tell that it is very broad. The rule applies to anyone who has manufactured1 PFAS for a commercial purpose "at any time since January 1, 2011." The most likely affected industries include those in the construction, manufacturing, wholesale trade, retail trade, and waste management industries.

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