EPA Extends the Comment Period for its Proposed TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances

On August 3, 2021, EPA published a notice announcing an extension of the public comment period from August 27, 2021, to September 27, 2021, for its proposed reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFAS) under the Toxic Substance Control Act (TSCA).

The proposal was published on June 28, 2021, which included requirements for any person who manufactures or has manufactured PFAS chemical substances since January 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards, as a result of a recent 2019 amendment to TSCA under section 8(a)(7). The proposed rule would also apply to importers of PFAS chemical substances and of articles containing PFAS chemical substances.

The proposed rule does not include an exemption for small manufacturers because unlike section 8(a)(1), which provides a specific exemption for small manufacturers and processors from reporting and recordkeeping requirements for chemical substances, section 8(a)(7) does not specify an exemption for small manufacturers from reporting and recordkeeping for PFAS chemical substances.

Comments are now due on September 27, 2021.

Read the notice here, and the proposal and submit comments here.

Advocacy contact: Tabby Zeb at (202) 205-6790 or email at tayyaba.zeb@sba.gov.