EPA Publishes New Direct Final Rule for their Per- and Polyfluoroalkyl Substances (PFAS) Data Reporting and Recordkeeping Regulation

On Sept. 5, 2024, theU.S. Environmental Protection Agency (EPA)published a Direct Final Rule amending their TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances Final Rule, from Oct. 11, 2023. The amendment changes the submission period start date from November 12, 2024, to July 11, 2025, and indicates that the EPA will seek additional feedback from industry on the reporting software module it plans to release through its CDX platform.

The original Final Rule requires any chemical manufacturer, or importer, of PFAS or articles that contain PFAS, in any year from Jan. 1, 2011, to Jan. 1, 2023, to submit to EPA information on these substances regarding chemical identities, production volumes, industrial uses, commercial and consumer uses, worker exposures, disposal, and any existing information related to potential environmental and health effects. The scope of this rule applies to PFAS found in chemical mixtures, complex articles, or its bulk form.

In its Direct Final Rule, EPA acknowledges the need for additional resources and feedback from industry stakeholders on the implementation of their PFAS reporting module within its larger chemical reporting platform, the Central Data Exchange (CDX) system. While the Direct Final Rule does not change the specific data reporting elements found in the original rule, it does provide much needed regulatory relief for theindustry.

Per- and polyfluoroalkyl substances (PFAS) are a large family of synthetic organofluorine compounds which contain thousands of unique chemical entities. For many industries, including the non-road sector, PFAS chemistries are selected to provide high thermal and chemical stability, a resistance to heat, pressure, chemical, and friction stressors, as well as very low surface tensions, making them repellent to both water and oil. Due to these highly advantageous properties, PFAS can be found in a variety of different applications including:

• Seals, Gaskets, O-rings
• Hoses
• Hydraulic fluid
• Fire retardants
• Electronics and electrical equipment
• Refrigerants
• Alternative power technologies
• Paints and coatings

AEM's Substances Compliance Council (SCC) have monitored, reviewed, commented on, and engaged with EPA regarding this rule for over two years. The SCC has created this EPA PFAS Reporting and Recordkeeping Website to help with your compliance needs. If you, or your company, are interested in learning more, or wish to participate on the SCC, please contact AEM Senior Director of Safety & Product Leadership Jason Malcore at [email protected].

Subscribe to the AEM Industry Advisor for more AEM news and updates.