EPA Proposing to Allow Some Exemptions to Reporting PFAS
EPA plans to amend a regulation for perfluoroalkyl and polyfluoroalkyl substances (PFAS) by allowing certain exemptions to the scope of reporting PFAS, according to a Federal Register notice.
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The proposed rule would exempt imported articles, and set a 0.1% de minimis exemption, EPA said.
The agency had promulgated regulations in October 2023 requiring PFAS manufacturers and importers subject to Toxic Substances Control Act (TSCA) regulations in any year between 2011 and 2022 to report certain data to EPA related to exposure and environmental and health effects.
This week's notice said that EPA plans 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," EPA said.
Comments on these proposed amendments must be received by Dec. 29.
In May, EPA had issued an interim final rule amending the data submission period for the TSCA PFAS reporting rule, saying that the agency needed to have adequate software in place before it can start collecting data (see 2505140015).
EPA said then that the start date for submitting data would be April 13, 2026. The period would end on Oct. 13, 2026, with an alternate end date of April 13, 2027, for small manufacturers reporting exclusively as article importers, EPA said.