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) on September 28, 2023. 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 January 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.
The final rule becomes effective 30 days after publication in the Federal Register. A pre-publication version is available here. For most companies, this one-time reporting will be due 18 months after the effective date. The reports must cover information in each year from 2011 through 2022.
Click here to read a summary of the final rule.