EPA Releases Long-Awaited Final PFAS Reporting Rule Creating Expansive 12-Year Lookback Period

On Sept. 28, 2023, the EPA released its final reporting and recordkeeping requirements for PFAS, scientifically known as per- and polyfluoroalkyl substances, under the Toxic Substances Control Act (TSCA). According to EPA, the final rule is the result of a statutory mandate in the National Defense Authorization Act for Fiscal Year 2020, which amended TSCA to add Section 8(a)(7) and requires all manufacturers — including importers — of PFAS and PFAS-containing articles in any year since Jan. 1, 2011, to submit to EPA information regarding PFAS uses, production volumes, byproducts, disposal, exposures, and existing information on environmental or health effects. The final rule's purpose is to help EPA better characterize the sources and quantities of manufactured PFAS in the United States.