Season's greetings to all my readers! Thank you for the time and attention you've given to my articles this year. It's always a pleasure to share new information with you each month. I look forward to many more in 2024!
PFAS and “Forever Chemicals” are back in the news. For a refresher on PFAS, I invite you to review my May 2023 column, PFAS: A Growing Concern, where I provide background on PFAS, including their definition and historical use, the reason for concern, governmental actions and possible impacts on our industries.
The United States Environmental Protection Agency (EPA) published a final rule for reporting and recordkeeping requirements for PFAS under the Toxic Substances Control Act (TSCA). In this column, you will find a high-level overview of the new PFAS definition, the entities affected, reporting deadlines and required reporting information. Let’s jump right in!
EPA’s new PFAS definition
EPA’s new definition of PFAS includes any organic or inorganic substance or mixture with one of the following molecular structures:
- R-(CF2)-CF(R’)R”, where both the CF2 and CF moieties are saturated carbons;
- R–CF2OCF2-R’, where R and R’ can either be F, O, or saturated carbons; and
- CF3C(CF3)R’R”, where R’ and R” can either be F or saturated carbons.
EPA’s new definition aims to cover known PFAS chemicals and identify fluorinated ethers, higher molecular weight fluoropolymers and highly fluorinated substances likely to be persistent in the environment.
To whom does this apply?
This rulemaking applies to entities that engage in business for a commercial advantage through manufacturing, importing or producing chemical substances, chemical mixtures, chemical wastes, manufactured goods or finished products (“end products”) containing PFAS. This can include end products used for product research and development, test marketing, internal manufacturer use and coincidental manufacture of PFAS byproducts and impurities.
Generally, the EPA identified five sectors that will likely be impacted. The five industries indicated in the North American Industry Classification System (NAICS) codes are:
- Construction (NAICS code 23);
- Manufacturing (NAICS codes 31 to 33);
- Wholesale Trade (NAICS code 42);
- Retail Trade (NAICS codes 44 to 45); and
- Waste Management and Remediation Services (NAICS code 562).
When is the reporting deadline?
Manufacturers’ reporting deadline is April 13, 2025. Small article importers’ reporting deadline is November 13, 2025.
What information is required for reporting?
EPA developed different reporting forms for manufacturers, article importers and research and development (R&D) substances manufactured below 10 kilograms (kg). The required reporting information is provided below.
Scroll through the individual charts below to access additional data.
This rulemaking applies to entities that engage in business for a commercial advantage through manufacturing, importing or producing chemical substances, chemical mixtures, chemical wastes, manufactured goods or finished products (“end products”) containing PFAS.
What more can you do?
This final rule has extensive technical information, including exemptions. Therefore, I recommend reviewing it carefully to understand how it applies to specific products and organizations. Even if your sector is not listed above, your organization could have reporting and recordkeeping requirements, so be sure to review the applicability criteria.
Call us at Regulosity for an organization-specific analysis of these new requirements. We can help!
