EPA Issues Exhaustive Requirements For Collecting Detailed Information On PFAS

Making few changes to the version proposed in June of 2021, EPA has belatedly released its final regulation that will require extensive one-time reporting by any entity that has manufactured (or imported) for commercial purposes at any time since 2011 a chemical substance, mixture, or manufactured product that contained any one of potentially thousands of chemicals known as per- and polyfluoroalkyl substances (PFAS).¹ Congress ordered EPA to impose such reporting requirements in a provision buried in legislation to fund military spending in the U.S. (the National Defense Authorization Act (NDAA) for Fiscal Year 2020) and to do so not later than January 1, 2023. The provision — which added Section 8(a)(7) to the Toxic Substances Control Act (TSCA) — directs EPA to promulgate a rule requiring “each person who has manufactured a chemical substance that is a [PFAS] in any year since January 1, 2011” to report certain information.² The final rule implementing this