Updates PFAS US

New PFAS Reporting Requirements. Ready?

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Are you ready for the new PFAS reporting requirements under the Toxic Substances Control Act? This important question is addressed in a recent article by Dianne R. Phillips and colleagues, published in The Global Trade Law Journal. If you're a product importer, this information is critical for you. The U.S. ...

Are you ready for the new PFAS reporting requirements under the Toxic Substances Control Act? This important question is addressed in a recent article by Dianne R. Phillips and colleagues, published in The Global Trade Law Journal. If you're a product importer, this information is critical for you.

The U.S. Environmental Protection Agency (EPA) has issued a comprehensive final rule requiring reporting of per- and polyfluoroalkyl substances (PFAS) manufactured and imported in the United States. This rule, mandated by the National Defense Authorization Act for fiscal year 2020, applies not only to chemical manufacturers but to all importers of products that may contain PFAS compounds.

PFAS are used in a wide range of products, from electronics and textiles to cooking utensils and cleaning supplies. The rule requires detailed reporting on each PFAS compound in imported products for every year from 2011 through 2022. This includes information on chemical identity, categories of use, amounts manufactured or processed, environmental and health effects, and disposal methods.

Key points for product importers:

  1. Data collection: You must report all known and reasonably ascertainable information about PFAS in your products. This may involve reviewing records and reaching out to suppliers.
  2. Mergers and acquisitions: If your company has undergone changes during the lookback period, you may need to follow guidance similar to that provided under the Chemical Data Reporting rule.
  3. Documentation: Develop a standard operating procedure for collecting and documenting your due diligence efforts.
  4. Confidentiality: To prevent potential public disclosure of reported data, you must assert confidential business information (CBI) claims at the time of reporting.
  5. Reporting options: The EPA offers a streamlined reporting form for product importers, allowing estimates or ranges for certain numerical data.
  6. Deadline: Reporting is due by May 8, 2025, or November 10, 2025, for small entities.

The authors warn that plaintiffs in PFAS-related litigation may use non-confidential data reported under this rule to support their claims. Therefore, it's crucial to carefully consider CBI claims and follow the EPA's stringent procedures.

Given the complexity of these requirements and the approaching deadline, the authors recommend that product importers begin implementing document collection and compliance measures promptly.

For more detailed information on this important topic, I encourage you to read the full article. If you have any questions about how these new requirements might affect your business, please don't hesitate to ask Alura Group team of experts.

Source: https://www.hklaw.com/-/media/files/insights/publications/2024/09/product_importers_are_you_ready_for_the_new_pfas.pdf?rev=80aeaff117d54a8d8cda56686c74cd93&hash=093C537E3786E91BB3CCD58015AE8AB5