The EPA has recently proposed weaker reporting requirements for PFAS manufacturers and importers.
Earlier this week, the U.S. Environmental Protection Agency (EPA) released a proposal to relax the scope of its perfluoroalkyl and polyfluoroalkyl substances (PFAS) reporting regulations under the Toxic Substances Control Act (TSCA), citing a need to make them more practical and easier to implement.
In October 2023, the EPA finalized a one-time PFAS reporting and recordkeeping regulation under TSCA section 8(a)(7) that requires manufacturers (including importers) of PFAS in any year between 2011-2022 to report data to EPA related to exposure and any existing environmental and health effects. The implementation of this rule has been hampered by technical challenges which was the justification in EPA’s proposed change in policy.
Exemptions and modifications EPA is proposing would maintain some reporting requirements on PFAS while exempting reporting on activities that manufacturers are least likely to know or reasonably determine. The proposed exemptions are:
- PFAS manufactured (including imported) in mixtures or products at concentrations 0.1% or lower;
- Imported articles;
- Certain byproducts;
- Impurities;
- Research and development chemicals; and
- Non-isolated intermediates.
The agency is also proposing technical corrections to clarify what must be reported in certain data fields and to adjust the data submission period.
Importance to Counties
There has been growing literature and caution around the connection between exposure to low levels of PFAS chemicals and higher rates of cancer. At the local level, county governments, which operate solid waste and wastewater infrastructure, act as passive recievers of these ubiquitous chemicals that enter through waste streams. By rolling back reporting data, federal, state, and county leaders are left with less information to guide policy targeting those contributing to this pollution. While the changes are not yet final, if enacted, this would represent a step toward less accountability on polluters and heavier burdens on local taxpayers.
Check out: PFAS: What Are They? Why Do They Matter? What’s Next?
Check out: Managing Forever Chemicals: The Road Ahead for PFAS Policy
Check out: PFAS Treatment Technologies: Practical Tools and Considerations for Counties
