EPA Publishes Comprehensive PFAS Reporting Rule Under TSCA

Highlights

• The U.S. Environmental Protection Agency (EPA) published a final rule that requires comprehensive reporting by manufacturers and importers of the more than 1,000 per- and polyfluoroalkyl substances (PFAS) manufactured and imported in the United States since 2011 under the Toxic Substances Control Act (TSCA).
• Reporting entities are likely to need all 18 months allocated by EPA to come close to meeting the reporting obligation, as well as to build compliance systems to address ongoing requirements.
• The final rule will require an investigation across the entire enterprise, as well as upstream supply chains and downstream end-users, given its broad language and breadth; it contains no volume exemptions and requires reporting of information known or reasonably ascertainable by the reporting entity.