EPA Seeks Small Entity Representatives for a Potential SBREFA Panel for its TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances

On February 2, 2022, EPA issued a news release announcing that the agency is seeking small businesses, governments, and not-for-profit organizations to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBREFA) Panel for its Toxic Substance Control Act (TSCA) 8(a)(7) rule, proposed last year in June, requiring reporting and recordkeeping for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). In the proposal, the agency sought to require any person who manufactures (including import) or manufactured PFAS chemical substances since January 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards. The scope of the proposal also included importers of articles containing PFAS chemical substances. The comment period for this rule closed on September 27, 2021.

As a result of public comments and concerns raised about potential small business impacts, EPA is currently considering convening a potential SBREFA panel for this proposed rule. A SBREFA panel would consult with small entities that would be directly regulated by the rule on the possible economic impacts and regulatory alternatives to minimize those impacts. EPA asks to receive nominations for SERs by February 16, 2022, but Advocacy will continue to accept nominations after that date.

Read EPA’s information about SBREFA panels and how to nominate yourself as a small entity representative.

Read EPA’s information about the proposed rule.

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