On October 11, 2023, the Environmental Protection Agency (EPA) issued a rule requiring that manufacturers (including importers) of per- and polyfluoroalkyl substances (PFAS) report information related to chemical identity, use and volume since 2011. The initial reporting period begins in November 2024.
This broad-reaching reporting rule under the Toxic Substances Control Act (TSCA), will impact all US based manufacturers. The rule requires not only the reporting of current and historical PFAS chemical identity, but also uses, production volumes, byproducts, environmental and health effects, worker exposure, and disposal. Streamlined reporting is also required for PFAS-containing articles. Examples of PFAS-containing articles/materials may include, but are by no means limited to:
- Coated fabrics, papers, or films treated to resist stains, grease, water, or oils
- Lubricants and elastomeric seals in high performance mechanical settings (e.g., engines, pumps)
- Cable and wire insultation, gaskets, and hoses, particularly those which have been engineered for high performance (high temperatures, fire resistance, high stress)
- Construction materials, including cement additives and wood particleboard
- Chrome plating fume suppressants and other plating surfactants
- Heat transfer fluids
- Electronic solvent/cleaning systems
- Polymer processing aids, foam blowing agents, or mold release agents
- Antifoaming agents
- Specialty membranes
- Waxes and sealants
- Paints and high-performance coatings
- Emulsifiers, lubricants, or oleophobic agents
Unlike many reporting rules, this rule does not include small business or volume exemptions. The EPA rule is part of a larger PFAS Strategic Roadmap to allow for a better understanding of PFAS use, on a national level.
The EPA news release as well as a link to the final rule may be found at:
The rule is likely to have significant impacts, as manufacturers will be forced to gather detailed PFAS information related to their use directly or for materials being used in their manufacturing operations. EnSafe can assist companies in better understanding their reporting requirements related to the rule and in developing a sound approach to the required information gathering.
Please contact Adam Weissman (aweissman@ensafe.com) with technical or regulatory questions regarding PFAS and TSCA compliance / reporting questions.