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Environmental Protection Agency s Reporting on Chemicals Questioned

Environmental Protection Agency s Reporting on Chemicals Questioned
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EPA Requires Manufacturers to Report PFAS Exposures and Hazards

Thursday, July 29, 2021 As reported in our June 28, 2021, blog item, on June 28, 2021, the U.S. Environmental Protection Agency (EPA) proposed reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). 86 Fed. Reg. 33926. EPA announced on July 29, 2021, that it is extending the comment deadline to  September 27, 2021. EPA will announce the extension of the comment deadline in the  Federal Register. The proposed rule would require certain persons that manufacture (including import) or have manufactured PFAS in any year since January 1, 2011, to report information electronically regarding PFAS uses, production volumes, disposal, exposures, and hazards. EPA requests public comment on all aspects of the proposed rule and states that it has also identified the following items “of particular interest for public input”:

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2021 | Bergeson & Campbell, P C

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2021 | Bergeson & Campbell, P C
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More TSCA Obligations for Article Importers About PFAS

Tuesday, June 29, 2021 Do any of the articles, or article components, that your company imports contain PFAS? If so, your company may become subject to extensive reporting requirements proposed by EPA under the Toxic Substances Control Act (TSCA). The proposal was published on June 28, 86 Fed. Reg. 33926. It would establish a new Part 705 of 40 C.F.R., “Reporting and Recordkeeping Requirements for Certain Per- and Polyfluoroalkyl Substances.” Reports would likely be due in the second half of 2023. Comments on the proposed rule are due August 27, 2021. EPA notes, however, that if stakeholders submit comments by July 28, OMB will be able to consider them as it evaluates the paperwork burdens of the proposed rule.

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