EPA proposes shift in TSCA PFAS reporting policy, opens rule for public comment

The U.S. Environmental Protection Agency (EPA) published a proposed rule outlining amendments to the Toxic Substances Control Act (TSCA), which regulates the reporting and recordkeeping requirements for PFAS. The regulation requires manufacturers and importers of PFAS between 2011 and 2022 to report certain data to the EPA related to exposure and environmental and health effects. The proposed rule is open for public comment through Dec. 29.

The EPA is proposing to incorporate certain exemptions and other modifications to the scope of the reporting regulation. These exemptions would maintain important reporting on PFAS, consistent with statutory requirements, while exempting reporting on activities about which manufacturers are least likely to know or reasonably ascertain.

Individuals can submit comments, identified by docket identification (ID) number EPA-HQ-OPPT-2020-0549, through the Federal eRulemaking Portal at regulations.gov. Do not submit electronically any information considered to be Confidential Business Information or other information for which disclosure is restricted by statute. Additional instructions on commenting or visiting the docket, along with more information about dockets, are available at epa.gov/​dockets.

For technical information contact: Megan Nelson, Chemical Information, Prioritization, and Toxics Release Inventory Division at the Office of Pollution Prevention and Toxics at the EPA at (202) 498-1248 or Nelson.Megan.M@epa.gov.

For general information contact: The TSCA Assistance Information Service Hotline at (202) 554-1404 or TSCA-Hotline@epa.gov.