EPA wants to exempt some reporting categories for ‘forever chemicals’

Washington — The Environmental Protection Agency is seeking comment on a proposal that would scale back manufacturer reporting requirements for per- and polyfluoroalkyl substances.

PFAS are known as “forever chemicals” because they break down very slowly over time.

Published on Nov. 13, the proposed rule would establish exemptions within an October 2023 final rule requiring any entity that manufactured PFAS from 2011 to 2022 to report data that includes:

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  • The number of people exposed – and reasonable estimates on the number of individuals who will be exposed – to each substance or mixture in the workplace, as well as the duration of their exposure.
  • Descriptions of byproducts resulting from the manufacture, processing, use or disposal of each substance or mixture.
  • All existing information concerning the environmental and health effects of each substance or mixture.

Under the proposal, EPA would exempt reporting on “activities about which manufacturers are least likely to know or reasonably ascertain”:

  • PFAS manufactured (including import) in mixtures or products at concentrations of 0.1% or lower
  • Imported articles
  • Certain byproducts
  • Impurities
  • Research and development chemicals
  • Non-isolated intermediates

EPA is also proposing to shorten the data submission period to three months from six months, beginning 60 days after the final rule’s effective date.

In a press release, EPA Administrator Lee Zeldin said the proposal is “grounded in common sense and the law, allowing us to collect the information we need to help combat PFAS contamination without placing ridiculous requirements on manufacturers.”

Comments are due Dec. 29.

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