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The US EPA has issued TSCA requirements for the declaration and record keeping of perfluoroalkyl and polyfluoroalkyl substances (PFAS)


Time:

2023-11-21

The US EPA has issued TSCA requirements for the declaration and record keeping of perfluoroalkyl and polyfluoroalkyl substances (PFAS)

On October 11, 2023, the United States Environmental Protection Agency (EPA) issued final rule 40 CFR 705 regarding the requirements for declaration and record keeping of perfluorinated and polyfluoroalkyl substances (PFAS) under Section 8 (a) (7) of the Toxic Substances Control Act (TSCA).

 


The declaration rules under the Toxic Substances Control Act (TSCA) are a statutory requirement under the National Defense Authorization Act (NDAA) for the fiscal year 2020, requiring individuals who manufacture (including imports) or have manufactured these chemical substances in any year since January 1, 2011 to submit existing information to the EPA regarding the use, production, by-products, disposal, exposure, and environmental or health impacts of PFAS.


According to the final rule, PFAS is any chemical substance or mixture containing chemical substances that structurally contain at least one of the following three sub structures:
R - (CF2) - CF (R ') R' ', where both CF2 and CF are saturated carbon
R-CF2OCF2-R ', where R and R' can be F, O, or saturated carbon
CF3C (CF3) R'R '', where R 'and R' 'can be F or saturated carbon

The US EPA has determined that at least 1462 PFAS known to be manufactured or used in the United States since 2011 will be subject to the final rules.

 

The information to be declared includes:

  • Company and factory location information
  • Chemical specific information
  • Usage Category
  • yield
  • Byproduct information
  • Environmental and health impacts
  • Occupational exposure data
  • Processing data

 

All information must be submitted electronically through the EPA's Central Data Exchange (CDX) platform, with a record retention period of 5 years starting from the last day of the submission period.
The final rule will come into effect on November 13, 2023. The declaration period will start one year from November 13, 2023 and continue for six months, from November 12, 2024 to May 8, 2025; However, for small item importers, the declaration period will also start one year from November 13, 2023, but will last for 12 months, from November 12, 2024 to November 10, 2025.

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