SG 133/23
The US EPA has finalized a reporting rule which requires industry to report any manufactured or imported PFAS since 2011.
On September 28, 2023, the US Environmental Protection Agency (EPA) signed into effect the ‘Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances’ (88 FR 70516). The anticipated rule is based on the EPA TSCA section 8 (a) (7) promulgation and will add Part 705 to the Title 40 Code of Federal Regulations. It establishes recordkeeping and reporting requirements for businesses who have manufactured or imported PFAS, including PFAS containing articles, for commercial purposes since January 1, 2011.
Per the finalized rule, PFAS are substances that contain at least of the following structural elements:
- 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
- CF3C(CF3)R’R’’, where R’ and R’’ can either be F or saturated carbons
This slightly increases the number of PFAS covered under the rule, compared to the proposed rule that was announced in June 2021. The reporting requirement includes fluoropolymers meeting the rule’s definition of PFAS. The definition is not congruent with US states’ definitions, which categorize PFAS as any substance with at least one fully fluorinated carbon atom.
The EPA will provide a list of substances meeting this definition on its CompTox Chemicals Dashboard. Other commercial compounds manufactured since 2011 that meet the TSCA definition of a ‘chemical substance’, which may not otherwise have undergone TSCA notification or reporting due to exemptions, are still subject to the rule. The reporting will be facilitated through the agency’s Central Data Exchange electronic platform. Required information for reporting includes chemical identity, categories of use, production volumes, byproducts, environmental and health effects, number of persons exposed and duration of exposure, and disposal.
The rule will become effective on November 13, 2023. Businesses have 18 months to collect information and complete reporting. Small businesses whose reporting obligations under this rule are exclusively from imported articles will have an additional six months to report. Per the rule, as small business is defined as a manufacturer (including importer) whose total annual sales, when combined with those of its parent company, are less than $120 million, and the annual production volume of a chemical substance is less than 100,000 lbs; or a manufacturer (including importer) whose total annual sales, when combined with those of its parent company, are less than $12 million.
With facilities accredited to ISO, Australian, European and US standards, and experts covering every region of the globe, SGS is the number one choice for accurate, innovative solutions to PFAS testing. Whether you require rapid turnaround times, short-list remediation analysis or wider investigations of tissue and serum matrices, we have the capabilities to ensure your project is accurately and efficiently completed. Contact us for more information on PFAS testing or visit our website. In the end, it’s only trusted because it’s tested.
© SGS Société Générale de Surveillance SA. This publication or website is a property of SGS Société Générale de Surveillance SA. All contents including website designs, text, and graphics contained herein are owned by or licensed to SGS Société Générale de Surveillance SA. The information provided is for technical and general information purposes only and offers no legal advice. The information is no substitute for professional legal advice to ensure compliance with the applicable laws and regulations. All information is provided in good faith “as is”, and SGS Société Générale de Surveillance SA makes no representation or warranty of any kind, express or implied, and does not warrant that the information will be error-free or meet any particular criteria of performance or quality.
