A proposed rule to require reporting on PFAS manufactured in the United States – this would be the first ever reporting requirement under TSCA, for a wide range of PFAS chemicals. The rule would require all manufacturers (including importers) of PFAS in any year since 2011 to report information related to chemical identity, categories of use, volumes manufactured and processed, by-products, environmental and health effects, worker exposure, and disposal. The proposed deadline for reporting PFAS data to EPA is one year following the effective date of the final rule.
EPA has withdrawn a previous compliance guidance (issued January 2021) that was deemed to have weakened the July 2020 Significant New Use Rule (SNUR), in accordance with the Biden-Harris Administration’s Executive Office (and other directives). The removed guidance limited what would be considered a “surface coating” subject to the SNUR and following further review by EPA, determined to inappropriately narrow the scope and weaken prohibitions within the SNUR. EPA does not intend to issue new guidance.
As per requirements of the NDAA, on 3rd June 2021, EPA issued a final rule that officially incorporates three PFAS chemicals to be added to TRI on an annual basis as they are now subject to the SNUR under TSCA. Per the NDAA requirements, the PFAS additions became effective as of January 1, 2021. Reporting forms for these PFAS will be due to EPA by July 1, 2022, for calendar year 2021 data.
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