EPA Delays Start of Reporting Under TSCA PFAS Reporting Rule

The U.S. Environmental Protection Agency announced that it is amending the Toxic Substances Control Act regulation requiring manufacturers (including importers) to report certain data on perfluoroalkyl and polyfluoroalkyl substances (PFAS). Under the amendment, the data submission period will now begin July 11, 2025, instead of November 12, 2024. For any reporter who is reporting exclusively pursuant to § 705.18(a) (article importers), and is also considered a small manufacturer under the definition at 40 CFR 704.3, the submission period shall end July 11, 2026. For all other reporters, the submission period shall end January 11, 2026.

A prepublication copy of the rule amendment can be found here.

PFAS

Per- and Polyfluoroalkyl substances (PFAS), sometimes called “forever chemicals,” are rising in public awareness, government regulation and related litigation. Companies that currently use or historically used or manufactured products containing PFAS are subject to increasing regulation and potential liability associated with the use, the impact on the environment, reporting and disposal of PFAS. Duane Morris’ dedicated group of professionals monitor, analyze and counsel clients on various aspects of PFAS, including companies who are developing technology to capture and eradicate PFAS from water and solids.