On October 11, the Environmental Protection Agency (EPA) issued a new rule concerning per- and polyfluoroalkyl substances (PFAS), titled 'Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances.' This rule mandates that any entity engaged in commercial PFAS manufacturing since January 2011 must report details such as uses, production volumes, byproducts, disposals, exposures, and existing information on environmental or health effects to the agency.
The scope of the new PFAS reporting rule extends to importers of articles containing covered PFAS chemicals into the US, as well as byproducts containing PFAS and impurities generated during the manufacturing process. It's worth noting that the rule does not establish any threshold for the quantity of PFAS manufactured. According to the Natural Resources Defense Council, PFAS are widely used in clothing, shoes, accessories, cosmetics (including nail polish and eye makeup), and various other consumer products.
Retailers are now required to report comprehensive information, encompassing items ranging from raincoats and yoga pants to cosmetics, depending on the location of the direct supplier, as stated by Meegan Brooks from Benesch. However, individuals such as distributors, users, or those involved in the disposal of PFAS-containing articles, or who receive such articles from domestic suppliers, are excluded from this rule.