US EPA postpones PFAS reporting rules

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US EPA postpones PFAS reporting rules

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On September 28, 2023, the United States Environmental Protection Agency (EPA) signed the "Reporting and Record Keeping Requirements for Toxic Substances Control Act for Perfluoroalkyl and Polyfluoroalkyl Substances" (88 FR 70516). This rule is based on EPA TSCA Section 8 (a) (7) and adds Part 705 to Chapter 40 of the Federal Regulations. It has established record keeping and reporting requirements for companies manufacturing or importing PFAS (including items containing PFAS) for commercial purposes since January 1, 2011.

This regulation will come into effect on November 13, 2023, giving companies 18 months (deadline November 12, 2024) to collect information and complete reports. Small businesses with declaration obligations will have an additional 6 months of declaration time. On September 5, 2024, the US EPA issued a direct final rule that postponed the filing date for PFAS under Section 8 (a) (7) of the Toxic Substances Control Act (TSCA), changing the start date of the data submission period from November 12, 2024 to July 11, 2025, for a period of six months, from July 11, 2025 to January 11, 2026; For small businesses, the declaration period will also begin on July 11, 2025 and last for 12 months, from July 11, 2025 to July 11, 2026. EPA has also made technical corrections to an error in the regulatory text. There are no other changes to the reporting and record keeping requirements in the existing rules under TSCA.

This rule will come into effect on November 4, 2024, without further notice. However, if the EPA receives negative comments before October 7, 2024, the EPA will promptly issue a withdrawal notice in the Federal Register, informing the public that the direct final rule will not take effect. As a new type of persistent organic pollutant, the harm of PFAS to human health and the environment is becoming increasingly concerning. More and more research has found that perfluorinated compounds have been detected in air, soil, drinking water, seawater, and food and beverages. Perfluorinated compounds can enter the body through dietary, drinking, and respiratory pathways. When ingested by organisms, they bind to proteins and exist in the bloodstream, accumulating in tissues such as the liver, kidneys, and muscles, while exhibiting significant biological enrichment.

At present, the restriction and detection of perfluorinated compounds have become a global concern. Each country needs to spend huge amounts of money every year to control the pollution caused by perfluorinated compounds.

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Post time: Sep-25-2024