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EPA Seeks Small Business Input on PFAS Reporting and Recordkeeping under TSCA

EPA Seeks Small Business Input on PFAS Reporting and Recordkeeping under TSCA
February 3, 2022 by Freedom S.N. Smith, Partner
Per- and polyfluoroalkyl substances (PFAS), also known as forever chemicals, are constantly in the news as PFAS are widely used, long lasting chemicals, components of which break down very slowly over time. In acknowledgement of this reality, the United States Environmental Protection Agency (EPA) has issued a PFAS strategic roadmap strategy for addressing PFAS issues.  

In walking out its PFAS strategic roadmap, on February 2 the EPA requested nominations of small businesses, governments, and not-for-profit organizations to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel regarding development of a rule related to PFAS reporting and recordkeeping under the Toxic Substances Control Act (TSCA).  

Under TSCA section 8(a)(7), the EPA must promulgate a rule to require each person who has manufactured PFAS in any year since 2011 to report certain data to the EPA, including:
  1. The covered common or trade name, chemical identity and molecular structure of each chemical substance or mixture;
  2. Categories or proposed categories of use for each substance or mixture;
  3. 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;
  4. Descriptions of byproducts resulting from the manufacture, processing, use, or disposal of each substance or mixture;
  5. All existing information concerning the environmental and health effects of each substance or mixture;
  6. 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, and;
  7. The manner or method of disposal of each substance or mixture, and any change in such manner or method.
Should you care or participate? Yes. This rule will impact an extensive number of companies by applying TSCA regulatory reporting requirements to at least 1,364 PFAS chemical substances and mixtures, as long as they have been manufactured or imported in any year since January 1, 2011. Furthermore, TSCA, as amended, precludes the EPA from providing a complete exemption in this rule for small entities. Therefore, small entities—even those importing articles—are included in the extensive reporting requirements.  

For these reasons, small businesses and non-profits would be wise to take steps to provide input on: (1) what companies will need to provide information in response to these new requirements; (2) the kinds of information these companies will have to give to the government; and 3) other items related to the application of this rule. 

Nominations through requested nominations through February 16, 2022, to be a SER can be submitted at:

This publication is intended for general informational purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstance.

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