On September 28, 2023, the U.S. Environmental Protection Agency (EPA) announced a significant new rule under the Toxic Substances Control Act (TSCA). This rule mandates manufacturers of per-and polyfluoroalkyl substances (PFAS) to provide more comprehensive information, enhancing oversight of these chemicals. Known for their stability and common use in products like food packaging, electronics, textiles, construction materials, and firefighting gear, PFAS offer benefits like water resistance and insulation. However, their environmental persistence and mobility have earned them the nickname 'forever chemicals', posing grave risks to human health and ecosystems due to their inability to degrade naturally.
This new rule requires all manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 to report to EPA on information related to uses, volumes made and processed, disposal, exposure and hazard. However, PFAS used for pesticides, food, food additives, pharmaceuticals, cosmetics or medical apparatus and instruments are exempted from report. The new rule will enter into force on November 13, 2023.
In accordance with 40 CFR Part 705, PFAS is defined as including at least one of these three structures:
(1) R-(CF2)-CF(R')R'', where both the CF2 and CF moieties are saturated carbons;
(2) R-CF2 OCF2-R', where R' and R'' can either be F, O, or saturated carbons; and
(3) CF3C(CF3)R'R'', where R' and R'' can either be F or saturated carbons.
EPA has determined that at least 1,462 PFAS that have been made or used in the U.S. since 2011 will be subject to the final rule, better obtaining the important data to protect human health and the environment.
This new rule specifies that all manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 to report information to EPA within 18 months of the effective date of the final rule. Small businesses that are solely reporting data on importing PFAS contained in articles shall submit reports within 24 months of the effective date of the final rule. Businesses that do not obey this rule will be imposed on civil penalty.
EPA also finalized this new rule to require more detailed Toxics Release Inventory of PFAS data on October 20, 2023.
The removal of this exemption provision requires an improved Toxic Release Inventory of PFAS data to better manage and regulate forever chemicals. This provision eliminated the availability of that exemption and requires facilities to report on PFAS regardless of their concentration in mixtures, since many PFAS are used in low concentrations in products. This new rule enables EPA to obtain more enhanced PFAS data and better safeguard the environment and public health.
Further Information:
EPA
