Thursday, February 3, 2022

EPA Seeks Input on Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances

The U.S. Environmental Protection Agency (EPA) is inviting small businesses, governments, and not-for-profit organizations to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel. This Panel will focus on the agency’s development of a rule that would require reporting and recordkeeping for per- and polyfluoroalkyl substances (PFAS) from certain persons who have manufactured (including imported) a PFAS in any year since January 1, 2011.  

In accordance with the Toxic Substances Control Act (TSCA) section 8(a)(7), EPA proposed a rule in June 2021, to require reporting and recordkeeping from manufacturers (including importers) of PFAS. This rule proposed to require certain persons who have manufactured (including imported) a PFAS at any time since 2011 to submit certain information to EPA related to chemical identity, categories of use, volumes manufactured and processed, byproducts, environmental and health effects, worker exposure, and disposal.

The proposed rule would help EPA better understand the sources and quantities of PFAS manufactured in the United States and support the agency’s PFAS research, monitoring, and regulatory efforts under the PFAS Strategic Roadmap. Once finalized, this rule would provide EPA with the most comprehensive dataset of PFAS manufactured in the United States. The public comment period for this proposed rule closed on September 27, 2021.

 

In response to public comments and additional information received during the comment period, EPA is interested in convening an SBAR Panel. 

 

The Panel will include federal representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and EPA. The Panel members ask a selected group of SERs to provide advice and recommendations on behalf of their company, community, or organization to inform the Panel members about the potential impacts of the proposed rule on small entities.  

 

EPA seeks self-nominations directly from the small entities that may be subject to the rule requirements. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs.  

 

Self-nominations may be submitted through the link below and must be received by February 16, 2022. 

 

Nominate yourself as a SER: https://www.epa.gov/reg-flex/potential-sbar-panel-tsca-section-8a7-rule-reporting-and-recordkeeping-requirements