The U.S. Environmental Protection Agency finalized a rule on September 28 that will provide the EPA, its partners, and the public with the largest-ever dataset of per- and polyfluoroalkyl substances (PFAS) manufactured and used in the United States.
The reporting rule under the Toxic Substances Control Act (TSCA) is a statutory requirement under the FY 2020 National Defense Authorization Act (NDAA) that requires all manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 to report information related to chemical identity, uses, volumes made and processed, byproducts, environmental and health effects, worker exposure, and disposal to the EPA.
To effectively research, monitor, and regulate PFAS, the EPA is acting to better understand who is using PFAS, how they are being used, and in what quantities. This rule will produce actionable data that can be used by the EPA as well as state, local, and Tribal governments to craft policies and laws that protect people from dangerous forever chemicals.
Since the EPA proposed this rule in June 2021, the agency has provided multiple opportunities for public comment and stakeholder input, including a Small Business Advocacy Review Panel in April 2022 and an Initial Regulatory Flexibility Analysis released for public comment in November 2022.
The final rule expands on the definition of PFAS in the proposed rule to include 41 additional PFAS that were identified as being of concern. The EPA has determined that at least 1462 PFAS that are known to have been made or used in the United States since 2011 will be subject to the final rule, better capturing the important data the agency needs to protect human health and the environment from these chemicals.
The final rule also streamlines reporting requirements and reduces the burden for those who made or used small quantities of PFAS for research and development purposes and for those who imported PFAS contained in articles into the United States.
Data is due to the EPA within 18 months of the effective date of the final rule, with an additional six months for reports from small businesses that are solely reporting data on importing PFAS contained in articles.
Click here to read the rule.
NGWA has long been an industry leader in providing PFAS research, education, and resources to the public and scientific communities. The Association will host Groundwater in the PFAS Era: Stressors, Protection, and Compliance, April 16-18, 2024 in Tucson, Arizona.
Learn more about PFAS by visiting NGWA.org/PFAS, a resource center about the groundwater contaminants featuring a top-10 facts sheet, a position paper, and more.
Also found there is Groundwater and PFAS: State of Knowledge and Practice, which NGWA published in 2017 and is one of the first PFAS guidance documents to be released.