June 15, 2021
Authored by: Tom Lee, John Kindschuh and Brandon Neuschafer
The Environmental Protection Agency (“EPA”) has announced it is taking three actions with respect to per- and polyfluoroalkyl substances (“PFAS”) under the Toxic Substances Control Act (“TSCA”): (1) proposing a rule that is designed to enact reporting requirements for PFAS products that are manufactured or imported in the United States; (2) eliminating guidance that EPA asserts weakened the Significant New Use Rule (“SNUR”) regarding long-chain PFAS; and (3) publishing a final rule that incorporates three additional PFAS substances into the Toxics Release Inventory (“TRI”).
Recordkeeping and Reporting Requirements
EPA’s proposed recordkeeping requirements, published on June 10, 2021, would require that certain businesses to electronically report information to EPA regarding any PFAS substances (see pages 18-21 of the linked proposal for the complete list). Significantly, the definition of “PFAS substances” is “any chemical substance or mixture that structurally contains the unit R-(CF2)-C(F)(R’)R’’. Both the CF2 and CF moieties are saturated carbons. None