EPA Issues Initial Regulatory Flexibility Analysis for its Proposed TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances

On November 25, 2022, EPA published an Initial Regulatory Flexibility Analysis (IRFA) and updated economic analysis, after completing a Small Business Advocacy Review (SBREFA) Panel for its previously proposed rule for reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substance Control Act (TSCA). The agency is seeking public comment on underlying data and assumptions in developing its impact estimates, alternatives to minimize the economic impact on small businesses, among other related issues. EPA also updated its estimate of costs for the proposed rule from approximately $10.8 million to $875 million.

On June 28, 2021, EPA proposed a rule to require all manufacturers of PFAS, including manufacturers and importers of articles containing PFAS, to report certain information to EPA related to chemical identity, categories of use, volumes manufactured and processed, byproducts, environmental and health effects, worker exposure, and disposal. At the time of the proposed rule, EPA certified that the proposed rule would not have a significant impact on a substantial number of small entities under the Regulatory Flexibility Act (RFA). Based on public comments and additional data sources on PFAS-containing article importers, EPA convened the SBREFA Panel for the proposed rule and evaluated the economic impact of the proposed rule on small entities.

Comments are due by December 27, 2022.

Read the IRFA and updated economic analysis and submit comments.

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