EPA Hints At Critical Changes To TSCA PFAS Reporting Rule, Seeks Comment

The U.S. Environmental Protection Agency's (EPA) June 2021 proposal of a Toxic Substances Control Act (TSCA) reporting rule targeting manufacturers of per- and polyfluoroalkyl substances (PFAS) sparked a major outcry from chemical manufacturers and article importers. 86 Fed. Reg. 33926 (June 28, 2021). EPA acknowledged that its proposed rule would cost hundreds of millions of dollars more than EPA originally estimated. Last week, EPA issued an Initial Regulatory Flexibility Analysis (IFRA) that previews critical changes to the rule as proposed. 87 Fed. Reg. 72439 (Nov. 25, 2022). EPA requested comment on the IFRA by December 27, 2022. EPA faces a statutory deadline to finalize the PFAS reporting rule by December 31, 2022. Last week's announcement likely signals that EPA will not meet that deadline.