The U.S Environmental Protection Agency (EPA) had announced three important actions under the Toxic Substances Control Act (TSCA)  to reduce the potential risks of per- and polyfluoroalkyl substances (PFAS) on public and environment.

The three important actions proposed by EPA on PFAS substances under TSCA are as follows:

1. Rules for reporting of PFAS manufactured in the US

To understand & reduce the potential risks caused by any PFAS chemicals collecting their data from the respective manufacturing industry is significant. Understanding this, EPA proposed a new rule that requires the manufacturer to report all the respective chemical-related information that is being produced since 2011. This rule is a statutory requirement under the FY2020 National Defence Authorization Act (NDAA). The information must include all the following:

  • ● Chemical identity
  • ● Usage category
  • ● Manufacturing & processing volumes
  • ● By-product's information
  • ● Health & environmental effects
  • ● Worker exposure
  • ● Disposal information

EPA states that once the rule is finalized under TSCA, not only helping in research, monitoring & regulatory efforts made by the agency but also providing a comprehensive dataset of PFAS manufactured in the United States. EPA also assured that it would help stakeholders by providing examples of PFAS under TSCA inventory during the reporting period. The deadline for reporting on PFAS information would be one year from the effective date of the final rule.

2. Withdrawing PFAS compliance guidance from SNUR

EPA following the Biden-Harris administration’s executive along with other related directives has withdrawn compliance guidance related to certain PFAS substances from the July 2020 Significant New Use Rule (SNUR). EPA states that this compliance guidance is weakening the SNUR by prohibiting companies from importing certain long-chain PFAS substances as part of a “surface coating” on articles without prior EPA review and approval which was implemented in January 2021, the current administration considers it as inappropriately narrowed. Although EPA’s July 2020 SNUR will continue to be applicable, this particular compliance guide only be no longer in effect.

3. New NDAA Requirements for reporting PFAS to TRI:

The next step took by the EPA is implementing an important requirement for PFAS chemicals under the National Defence Authorization Act (NDAA). The NDAA has provided a framework for reporting additional PFAS chemicals to the Toxic Release Inventory on an annual basis.

For the current reporting year 2021, NDAA has added the following three PFAS chemicals to the TRI:

  • ● Perfluorooctyl Iodide.
  • ● Potassium Perfluorooctanoate; and
  • ● Silver Perfluorooctanoate

Reporting of the above three PFAS substances will be due by July 2022.


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