PFAS Regulation Update A Year in Review By William Heslip, Regulatory Compliance Stewardship Manager If you’ve been paying attention to regulations affecting the rubber industry, you’re no stranger to the spotlight currently on PFAS, or per- and polyfluoroalkyl substances. These “forever chemicals” are infamous for their resistance to degradation, potential health risks, and widespread presence—even in the most remote corners of the globe. In recent years, regulatory bodies worldwide have accelerated efforts to control, restrict, and, in some cases, ban PFAS entirely. The rapid evolution of these regulations sharply juxtaposes the unchanging nature of the chemicals they target. Let’s explore the whirlwind of PFAS regulatory updates from the past year and consider what might lie ahead. U.S. LEADING THE CHARGE The United States continues to lead global efforts in PFAS regulation, with developments at both federal and state levels. EPA REPORTING REQUIREMENTS In October 2023, the EPA introduced reporting requirements under TSCA Section 8(a)(7). The requirement mandates that any person who has manufactured or imported PFAS, including articles containing PFAS, in any year between 2011 and 2022, must report certain information regarding that PFAS to the EPA. The purpose of this requirement is to allow EPA to gather as much information on PFAS as possible, to inform later rulemaking. EPA knows that PFAS is used often, and very essential in some applications, so they do not want to move too brazenly and initiate a rule without having a good idea of the consequences. The sheer amount and scope of information being requested though, brought much criticism and pushback from affected industries. On September 5, 2023, a little relief was given, as EPA issued a direct final rule delaying the start of the reporting submission period and deadline. In an announcement on the EPA website, the department stated “In March 2024, the Fiscal Year (FY) 2024 program area budget that includes EPA’s TSCA program was reduced by $5 million compared to what was enacted in the FY 2023 budget, and the agency needed to make difficult choices to ensure that it would be able to continue its work to protect human health and the environment from the risks presented by toxic chemicals. As a result of competing priorities, many of which related to meeting statutory deadlines, EPA’s TSCA program significantly reduced its IT (information technology) operating budget in FY 2024 to prevent overspending of resources, which resulted in less funding for the contractual support EPA relies on for much of its IT efforts. The budget reductions stopped ongoing software development and negatively impacted operations, and maintenance activities associated with both CDX (Central Data Exchange) and TSCA CBI- (confidential business information-) based applications, which are critical to the Agency’s TSCA data collections, including for this rule. As a result, the agency software application that will collect the PFAS data will not be ready by the original November 2024 reporting period opening date and it will thus be impossible for submitters to begin to submit data on that date.” INDUSTRY 20 / INSIDE RUBBER / 2025 Issue 1
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