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EPA’s Highly-Awaited PFAS Reporting Rule Expected in September 2023

Authored by Victoria smart, Senior Regulatory Compliance Specialist, Compliance & Risks

The proposed reporting rule on PFAS, which covers some 1400 chemicals and requires reporting on historical manufacture and use of PFAS, is expected to be finalized and published in September as indicated in the Spring 2023 regulatory agenda. The draft final rule was submitted to the OMB (Office of Management and Budget) on May 25, 2023; and the most recent meeting of OMB and EPA in the Final Rule Stage was on July 12.

Key Steps Towards Rule Finalization

The compliance deadline is expected to be one year from the date of publication of the final rule. The proposed six-month submission period for reporting entities – beginning six months after the effective date of the final rule – would allow PFAS manufacturers one year after the effective date of the final rule to submit reports. EPA has partially based these calculations on past CDR requirements (Chemical Data Reporting).

Unveiling the Significance of EPA’s PFAS Reporting Regulation

EPA published the proposed rule in June 2021, setting reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under section 8(a)(7) of the Toxic Substances Control Act (TSCA). Persons that manufacture (including import) or have manufactured these chemical substances in any year since January 1, 2011 would be subject to the reporting and recordkeeping requirements. In addition to statutory obligations, EPA expects that an effect of the final rule will be to provide a measure of the sources and quantities of manufactured PFAS in the United States.

A New Era for PFAS Regulation

As the finalization of the PFAS reporting rule looms on the horizon, anticipation mounts within regulatory circles and industrial sectors alike. With coverage spanning an impressive array of 1400 chemicals and an emphasis on tracking the historical trajectory of PFAS manufacturing and usage, the imminent rule is set to bring unprecedented clarity to this complex landscape. The meticulous journey undertaken, from the rule’s inception to its submission to the OMB, culminating in the recent collaborative meeting between the OMB and EPA, underscores the commitment to robust decision-making. The countdown has begun toward the prospective publication in September, heralding an era of greater accountability, comprehensive reporting, and a tangible measure of PFAS production across the United States.

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