As previously reported, US EPA is in the process of revising the TSCA Section 8(a)(7) PFAS Reporting rule. On Monday, the agency released the proposed revision language which includes the ‘typical’ reporting exemptions of the TSCA CDR Rule which US EPA previously left out of the PFAS rule. The proposed changes will significantly streamline the reporting process, making it more practical and less burdensome for manufacturers and especially article importers. The proposed exemptions include:
- PFAS at concentrations 0.1% or lower (a de minimis exemption);
- Imported articles containing PFAS;
- Certain PFAS byproducts, impurities, and non-isolated intermediates; and
- Research and development PFAS.
The agency is also proposing to amend the submission period to: “begin 60 days after the effective date of the final rule and will last for three months.” This is a much shorter reporting period. However, due to the proposed exemptions and prior delays in reporting, US EPA considers it adequate.
US EPA is requesting comments on the proposal and on potential additional revisions such as (1) a revision to the scope of reportable PFAS and (2) a potential reporting threshold (e.g., 2,500lb manufactured PFAS). Both would further limit the scope of the rule.
If you have questions on how these proposed exemptions could reduce your reporting obligations or you would like to discuss submitting comments, please reach out to Jake Bartlett or your Vorys attorney.