Understanding the Impact of New EPA Rules on PFAS
After a year of crackdowns against manufacturers responsible for mishandling “forever molecules,” the Environmental Protection Agency (EPA) has issued a final rule for responsibly managing them. The ruling, published under the Toxic Substances Control Act (TSCA), has significant implications for manufacturers dealing with per- and polyfluoroalkyl substances (PFAS).
This ruling is a pivotal step in the EPA’s effort to understand and regulate the usage of toxic forever substances. Notably, it mandates comprehensive reporting requirements for manufacturers who produce, use, or import PFAS. It’s a decision that marks a shift toward greater transparency and environmental responsibility in the manufacturing sector.
Mandatory reporting and compliance deadline
The EPA’s new rule requires manufacturers that have dealt with PFAS since January 1, 2011, to submit detailed information about using and handling these substances. This extensive data enables the EPA to monitor and regulate PFAS. It must be submitted by May 8, 2025, though small businesses are granted a six-month extension to comply.
The urgency of this deadline underscores the EPA’s commitment to addressing the PFAS issue promptly. Manufacturers effectively have one calendar year to establish accountable reporting methods for PFAS materials and ensure compliance with EPA-mandated reporting policies. It will be challenging task for many larger manufacturing enterprises — one they’ll need to immediately prioritize in 2024.
Comprehensive information requirements and a lack of exemptions
Under the new rule, manufacturers are required to collect and report data on chemical identification, volumes, usage, exposure, and disposal methods. This level of detail necessitates in-depth internal review and potentially external inquiries.
Notably, the rule offers no exemptions for byproducts, low production volumes, or research and development activities — a stark departure from previous TSCA regulations. This inclusivity extends to importers as well, who are equally responsible for reporting PFAS usage.
The economic impact and stringent compliance costs
Initially, the EPA estimated PFAS compliance costs at $10.8 million over 129,000 hours — the collective investment by the manufacturing industry to create accountable documentation. Now, the final rule significantly increased this estimate to approximately $800 million and 11.6 million hours. PFAS documentation will come at a tremendous cost to the industry as a whole.
This steep rise in cost and effort — coupled with industry stakeholders’ concerns about underestimation — highlights the considerable economic impact of the rule on the manufacturing industry. Still, the EPA argues that the long-term environmental cost of not creating accountability for PFAS is higher.
EPA guidance on PFAS is finally here
The EPA’s ruling represents a landmark shift in regulating these hazardous substances. By requiring detailed reporting from manufacturers and leaving no room for exceptions, the rule aims to enhance the EPA’s understanding and control of PFAS in the environment. While this creates new challenges in terms of compliance costs and operational changes, it’s a critical step toward ensuring a more sustainable industrial and environmental future.
