An EPA proposed rule may force businesses that have never been subject to the Toxic Substances Control Act (TSCA) to take a hard look at their manufacturing and importing activity for the past decade. The proposed rule comes as part of an effort to gather information on “forever chemicals” known as Per- and Polyfluoroalkyl Substances (PFAS). In a proposed rule released June 27, 2021, under authority granted by TSCA section 8(a), EPA is proposing to require facilities that manufactured or imported these substances in any year since January 1, 2011, to keep records and file reports to EPA on the use, production, disposal, exposures, and hazards of PFAS. EPA is taking comments on the proposed rule until August 27, 2021. (Update: EPA extended this deadline until September 27, 2021) Facilities would have one year following the effective date of the final rule to collect and submit the reports to EPA, with the submission period being the final six months of that one-year period.

What information will EPA need?

The proposed rule would require recordkeeping reporting on the following:

• • • The covered common or trade name, chemical identity, and molecular structure of each chemical substance or mixture
    • Categories or proposed categories of use for each substance or mixture
    • The total amount of each substance or mixture manufactured or processed, the amounts manufactured or processed for each category of use, and reasonable estimates of the respective proposed amounts
    • Descriptions of byproducts resulting from the manufacture, processing, use, or disposal of each substance or mixture
    • All existing information concerning the environmental and health effects of each substance or mixture
    • The number of individuals exposed, and reasonable estimates on the number of individuals who will be exposed, to each substance or mixture in their places of work and the duration of their exposure
    • The manner or method of disposal of each substance or mixture, and any change in such manner or method.

Records of the information reported to EPA would be required for five years from the date of the submission period. It is important to note that the proposed rule would only apply to manufacturers or importers of PFAS chemicals; processors would not be subject to reporting under this rule unless the processing changes the chemistry resulting in a new substance. There also may be certain exceptions to reporting that impacted facilities may be able to consider.

What are PFAS?

PFAS are commonly found in products which are designed to repel moisture, oil, or heat. Everyday items that likely contain PFAS include paper food packaging or containers, stain-resistant and water-repellent fabrics, non-stick cookware, and fire-fighting foams; however, this list is certainly not exhaustive. Since there are several thousand PFAS chemicals, they may be found in numerous industrial applications. The chemicals are of concern because they do not degrade easily and can have harmful effects on human health and the environment.

Further Information

If you think your facility may be affected by this rule, Cornerstone’s team is able to assist. Contact us at info@corner-enviro.com for a detailed chemical analysis.

Michael Harding works as an Environmental Specialist for Cornerstone and is a Certified Hazardous Materials Manager (CHMM).  His expertise includes facility compliance assessments; air permitting, recordkeeping and reporting; chemical management and reporting projects; hazardous waste consulting; and facility water regulatory compliance.