from D. Uhlmann, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance, on PFAS Enforcement Discretion and Settlement Policy under CERCLA (Apr. 19, 2024).6 Id. at 2-3.7 Id. at 3.8 Id.9 Id. at 9.10 CERCLA section 113(f)(2), 42 U.S.C. § 9613(f)(2).11 SeeToxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances, Final rule, 88 Fed. Reg. 70516 (Oct. 11, 2023) (to be codified 40 C.F.R. pt. 705); Significant New Use Rules on Certain Chemical Substances (23-2.5e), Proposed rule, 88 Fed. Reg. 39804 (Jun. 20, 2023) (to be codified 40 C.F.R. pt. 721); Per- and Polyfluoroalkyl Substances (PFAS) in Consumer Products, Notice of availability and request for information, 88 Fed. Reg. 64890 (Sep. 20, 2023); Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern; Community Right-to-Know Toxic Chemical Release Reporting, Final rule, 88 Fed. Reg. 74360 (Oct. 31, 2023) (to be codified 40 C.F.R. pt. 372); Revisions to the Air Emissions Reporting Requirements, Proposed rule, 88 Fed. Reg. 54118 (Aug. 9, 2023) (to be codified 40 C.F.R. pts. 2, 51); Clean Water Act Effluent Limitations Guidelines and Standards for the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category, Advance notice of proposed rulemaking, 86 Fed. Reg. 14560 (Mar. 17, 2021) (to be codified 40 C.F.R. pt. 414).12 PFAS Strategic Roadmap: EPA’s Commitment to Action 2021-2024, Env’t Prot. Agency (Oct. 2021); Biden-Harris Administration Finalizes First-Ever National Drinking Water Standard to Protect 100M People from PFAS Pollution, Env’t Prot. Agency (Apr. 10, 2024).

er 14, 2023. EPA notes that under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of the comments on or before November 29, 2023. B&C encourages interested parties to review carefully EPA’s proposed rule and to provide comments as appropriate. This is potentially the most impactful TSCA rule proposed to date this year. For more information on the proposed rule, please read our October 30, 2023, memorandum.EPA Adds PFAS Subject To TRI Reporting To List Of Chemicals Of Special Concern: On October 31, 2023, EPA added per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) to the list of Lower Thresholds for Chemicals of Special Concern (chemicals of special concern). 88 Fed. Reg. 74360. The addition of these PFAS to the list of chemicals of special concern means such PFAS are subject to the same reporting requirements as other chemicals of special concern (i.e., it eliminates the use of the de minimis exemption and the option to use Form A and limits the use of range reporting for PFAS). The final rule will remove the availability of the de minimis exemption for purposes of the Supplier Notification Requirements for all chemicals on the list of chemicals of special concern, “help[ing] ensure that purchasers of mixtures and trade name products containing such chemicals are informed of their presence in mixtures and products they purchase to better inform any TRI reporting obligations.” The final rule will be effective November 30, 2023. It will apply for the reporting year beginning January 1, 2024 (reports due July 1, 2025). More information about the proposed rule is available in our December 7, 2022, memorandum.EPA Proposes To Ban TCE: EPA proposed on October 31,

ormation submitted under the rule. If CBI claims are not asserted, information submitted under the rule may be publicly available from EPA.Are there recordkeeping requirements?EPA is requiring manufacturers to keep all records of submissions under the rule for a five-year period, which begins on the last date of the submission period. This is consistent with the CDR rule.[22]If I am a manufacturer subject to this rule, what should I do next? If you think your company could be required to report under TSCA Section 8(a)(7), it is important to determine whether you are a manufacturer or an importer of PFAS or of a PFAS-containing article. If you are required to report, begin evaluating the type of information your company may need to gather, dating back to January 1, 2011. Given EPA’s requirement that companies report all information known or reasonably ascertainable, it may be helpful to seek the advice of legal counsel in developing a reporting strategy.[1]See 88 Fed. Reg. 70516.[2]See 88 Fed. Reg. 74360.[3]See 40 CFR §705.1.[4]See 40 CFR §705.3. (definition of article).[5]See 40 CFR §705.3 (definition of manufacture for commercial purpose). Under the definition of “manufacture for commercial purpose,” EPA indicates that the manufacture of “substances that are produced coincidentally during the manufacture, processing, use or disposal of another substance or mixture containing a chemical substance, including both byproducts that are separated from that other substance or mixture containing a chemical substance and impurities that remain in that substance or mixture containing a chemical substance.” The byproducts or impurities may or may not have commercial value, but because they are produced for the purpose of obtaining a commercial advantage, they are part of the manufacture for a commercial purpose.[6]See 40 CFR §705.10 (requiring reporting “through the end of the last calendar year prior to November 13, 2023…”).[7]See 40 CFR §705.3 (definition of Per- and polyfluoroalkyl substanc