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ARTICLE · 12 OCTOBER 2023

EPA Final Reporting Rule Requires PFAS Data Since 2011

Duane Morris LLP
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On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released its final Toxic Substances Control Act (TSCA) Section 8(a) reporting rule...

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Sharon Caffrey
Sharon Caffrey
Lindsay Ann Brown
Lindsay Ann Brown
Brad A. Molotsky
Brad A. Molotsky
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On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released its final Toxic Substances Control Act (TSCA) Section 8(a) reporting rule. It expands reporting and recordkeeping requirements for companies that have manufactured or imported per- and polyfluoroalkyl substances (PFAS) for a commercial purpose—whether as a chemical substance or in a mixture or article—since January 1, 2011. Entities subject to this rule will need to submit reporting forms for retrospective data either 18 or 24 months following the rule's effective date, which is 30 days after its publication in the Federal Register.

Background

Congress first mandated the new rule's creation as a policy rider to the National Defense Authorization Act for fiscal year 2020. This amended TSCA Section 8(a) by adding Section 8(a)(7), titled "PFAS Data," which explicitly obligates EPA to promulgate a rule "requiring each person who has manufactured a chemical substance that is a [PFAS] in any

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Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

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