EPA Set to Delay Start of Reporting Period for PFAS Manufacturers
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The Environmental Protection Agency plans to push back the beginning of an anticipated reporting period for per- and polyfluoroalkyl substances. The EPA expects this report to provide the government and public with a significant amount of data.
The agency said last week that the period, initially set to begin on Nov. 12, will now be delayed until July 2025 due to budget constraints.
This reporting phase – which was originally announced in 2023 as part of the Toxic Substances Control Act (TSCA) – will require manufacturers and importers of PFAS or PFAS-containing items to provide information related to these chemicals. This information includes facts such as the volume, concentrations and disposal processes of PFAS substances, as well as any related byproducts.
PFAS, also known as forever chemicals, are nearly indestructible artificial chemicals that people have used for decades. Studies in recent years have shown that exposure to some of these chemicals can result in the development of serious health conditions, including cancer.
Plaintiffs have filed thousands of PFAS lawsuits over these concerns.
What the PFAS Reporting Period Will Accomplish
The EPA initially finalized a reporting rule for PFAS in September 2023. This rule requires PFAS importers and manufacturers to retroactively report their PFAS data from 2011 to 2022.
According to an EPA release, information the agency hoped to gather included uses of the PFAS, worker exposure, health and environmental effects and disposal.
“The data we’ll receive from this rule will be a game-changer in advancing our ability to understand and effectively protect people from PFAS,” Michal Freedhoff, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, said in a statement when the rule was originally finalized.
But issues with the new reporting process sprung up as the period drew closer, including the EPA having to adapt to a tightened budget following a $5 million reduction to TSCA funding.
“[The EPA] was forced to make difficult choices to ensure that the program was able to continue its work to protect human health and the environment from the risks presented by toxic chemical substances,” the agency said in the Federal Register last week.
These constraints have also impacted the testing and development of the software that will be used to complete the PFAS reporting.
The EPA says that this is a one-time change, with reporting set to begin on July 11 next year.
Lawsuits Mount Over PFAS Exposure, Serious Health Concerns
There are significant health concerns surrounding PFAS, in part due to their decades-long widespread and continuous usage.
According to the Agency for Toxic Substances and Disease Registry, PFAS have been in use since the 1940s and are present in everything from nonstick cookware to cosmetics.
Litigation has picked up in recent years over exposure to these chemicals, particularly in drinking water. Because these forever chemicals last so long and are difficult to destroy, they have a history of seeping into water supplies.
In 2023, multinational conglomerate 3M agreed to a $10.3 billion settlement to be paid out over 13 years to cover hundreds of PFAS lawsuits.
Additionally, the BASF Corporation agreed to a $316.5 million settlement in May with several public water systems that have found PFAS in their water supplies.
On top of its new reporting system, the EPA has made continuous efforts to detect and identify forever chemical contamination. The agency and the Army announced a joint pilot project last month to test for PFAS in private wells near some military bases.
Editor Lindsay Donaldson contributed to this article.
