US Manufacturers and Importers Face Unprecedented Reporting Requirements to EPA for Products Containing Even Trace Amounts of PFAS

Many companies may not understand the direct impacts they may face due to EPA’s recent final rule imposing detailed reporting requirements on entities that have manufactured or imported any one of potentially thousands of per- and polyfluoroalkyl substances (PFAS) subject to the rule for commercial purposes at any time from January 1, 2011 to December 31, 2022. Notably, the reporting rule also applies to importers of articles containing PFAS ‒ which could include many types of consumer, industrial, and commercial products – and it will impact many companies that may be unfamiliar with the federal Toxic Substances Control Act (TSCA). Please join Hunton Andrews Kurth LLP on Thursday, November 16, 2023 at 12:30 pm ET for a 30-minute webinar, “What Manufacturers, Importers and Retailers Need to Know About EPA’s Expansive Reporting Rule for PFAS and PFAS-Containing Products.” This webinar will highlight will highlight the key takeaways from the final rule and how companies can prepare to comply. Click here to register.

Background

EPA recently published an expansive final rule under TSCA that requires all entities that have manufactured or imported any products containing PFAS ‒ whether added intentionally or unintentionally ‒ at any time from January 1, 2011 to December 31, 2022 to report detailed information to EPA about the PFAS. The rule also applies to companies who import PFAS as a component of a mixture.

Unlike many other PFAS reporting laws, EPA’s rule provides no exemptions for PFAS unintentionally added or present as impurities or byproducts. This reporting rule does not exclude PFAS imported exclusively for use in commercial research and development (R&D).

Companies must understand that the scope of this rule greatly exceeds other TSCA rules. Because importing even one product (e.g., a laptop) or product component (e.g., a computer chip inside a laptop) containing trace amounts of PFAS within the past 12 years could trigger reporting obligations, chemical and product manufacturers and importers (including retailers who import products) must understand whether and how this new rule applies to them. 

The reporting submission period runs from November 12, 2024 through May 8, 2025. EPA is granting an additional six months (until November 10, 2025) for “small” importers whose reporting obligations under the rule result exclusively from article importation.

Please register for our webinar and join the conversation to learn more about EPA’s PFAS Reporting Rule. For more information, please contact our Chemicals Team and go to our latest blog post, “Frequently Asked Questions About EPA’s Expansive PFAS Reporting Rule under the Toxic Substances Control Act.”