EPA Finalizes Long-Awaited PFAS Reporting Rule

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) announced it will be publishing its final rule for the reporting and recordkeeping of per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). PFAS are a category of manufactured chemicals used in a wide variety of industrial and consumer products since the 1940s. PFAS have characteristics that make them useful in a variety of products, including nonstick cookware, waterproof clothing, and firefighting foam, as well as in certain manufacturing processes. The final rule will require any entity manufacturing or importing PFAS—including any "article" containing PFAS—to submit a report of PFAS usage to the EPA within 18 months from the date the final rule is published in the Federal Register.