On September 28, 2023, the US Environmental Protection Agency (EPA) finalized a rule for PFAS reporting, which was developed by the US authorities over a period of more than two years to advance the Action Plan to combat PFAS pollution, protect public health, and promote environmental justice. It is an important initiative in the EPA's strategic roadmap for PFAS, At that time, the largest ever database of perfluoroalkyl and perfluoroalkyl substances (PFAS) manufactured and used in the United States will be provided to the EPA, its partners, and the public.
Specific content
The US Environmental Protection Agency (EPA) has published the final reporting and record keeping rules for perfluoroalkyl and perfluoroalkyl substances (PFAS) under Section 8 (a) (7) of the Toxic Substances Control Act (TSCA). This rule requires that manufacturers or importers of PFAS or PFAS containing items produced (including imported) in any year since 2011 must provide EPA with information on their use, production, disposal, exposure, and hazards within 18-24 months after the rule takes effect, and relevant records must be archived for 5 years. PFAS substances used as pesticides, food, food additives, drugs, cosmetics, or medical devices are exempt from this reporting obligation.
1 Types of PFAS involved
PFAS substances are a class of chemical substances with specific structural definitions. Although the EPA provides a list of PFAS substances that require notification obligations, the list is not comprehensive, meaning that the rule does not include a specific list of identified substances. Instead, it only provides compounds that meet any of the following structures, which require PFAS reporting obligations:
R - (CF2) - CF (R ′) R ″, where CF2 and CF are both saturated carbon;
R-CF2OCF2-R ', where R and R' can be F, O, or saturated carbon;
CF3C (CF3) R'R, where R 'and R' can be F or saturated carbon.
2 Precautions
According to sections 15 and 16 of the US Toxic Substances Control Act (TSCA), failure to submit information in accordance with regulatory requirements will be considered an illegal act, subject to civil penalties, and may result in criminal prosecution.
BTF suggests that enterprises that have engaged in trade activities with the United States since 2011 should proactively trace the trade records of chemicals or items, confirm whether the products contain PFAS substances that meet the structural definition, and timely fulfill their reporting obligations to avoid non-compliance risks.
BTF reminds relevant enterprises to closely monitor the revision status of PFAS regulations, and to arrange production and material innovation reasonably to ensure that products are in compliance. We have a professional technical team to track the latest developments in regulatory standards and assist you in developing the most suitable testing plan. Please feel free to contact us.
Post time: Dec-28-2023