U.S. EPA Finalized PFAS Reporting Rule Requires Submittal Of 12 Years Of PFAS Data

On September 28, 2023, U.S. EPA released its final reporting rule that will require manufacturers (and importers) of PFAS and PFAS-containing articles to submit detailed PFAS-information going back as far as 2011. Putting aside the difficulties posed by a reporting rule with a 12-year look-back, the final rule also adopts a structure-based PFAS definition. Specifically, rather than listing out specific PFAS, the final rule defines PFAS as "including at least one of these three structures: R-(CF2)-CF(R')R", where both the CF2 and CF moieties are saturated carbon; R-CF2OCF2-R' where R and R' can either be F, O or saturated carbons; and CF3C(CF3)R'R', where R' and R" can either be F or saturated carbons". U.S. EPA explains that it adopted this structure-based definition to "expand the universe of PFAS to include additional substances of potential concern" that U.S. EPA believes are likely to be persistent and to "capture certain fluorinated ethers".