Advocacy comments on EPA’s Reporting and Recordkeeping Requirements for Perfluoroalkyland Polyfluoroalkyl Substances under the Toxic Substance Control Act

On June 28, 2021, the Environmental Protection Agency (EPA) published the above-referenced proposed rulemaking on reporting and recordkeeping requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). This proposed rule would require any person who manufactures or has manufactured PFAS since January 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards. Advocacy is concerned that the agency has improperly certified that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (RFA).

Advocacy is further concerned with small businesses’ ability to comply with the rule due it its broad scope and applicability. Therefore, Advocacy believes that EPA must conduct a small business advocacy review panel, as required by Section 609 of the RFA to assess the impact of the proposed rule on small entities, and to consider less burdensome alternatives. Advocacy supports EPA’s goal of effective information sharing and communication about PFAS under the Toxic Substance Control Act (TSCA) and hopes to work with the agency to identify a more effective and less burdensome means to achieve this goal.

Comment Letter

Fact Sheet