The Environmental Protection Agency (EPA) has finalized a rule that will provide the public with the largest database of per- and polyfluoroalkyl substances (PFAS) – aka “forever chemicals” – made and used in the United States. 

In order to assemble that database, PFAS manufacturers and importers – including those in the promotional products industry – are estimated to spend approximately 11.6 million hours complying with this new rule, with an associated cost of $800-$843 million, according to the EPA.

What Are PFAS?

PFAS are man-made chemicals that have been used in manufacturing and consumer products since the 1940s, according to the Agency for Toxic Substances and Disease Registry (ATSDR).

  • PFAS are used to make textiles, electronics, wires and cables, pipes, cooking and bakeware, sports equipment, automotive products, toys, transportation equipment and musical instruments, according to the EPA.


Because most PFAS aren’t biodegradable, they’re often found in the blood of people and animals all over the world.

  • Scientific studies have shown that exposure to some PFAS in the environment may be linked to harmful health effects, according to the ATSDR.


The EPA has determined that at least 1,462 PFAS that are known to have been made or used in the U.S. since 2011 will be subject to the new rule.

Reporting Requirements

The new rule under the Toxic Substances Control Act (TSCA) requires all manufacturers, including importers, of PFAS and PFAS-containing articles in any year since 2011 to electronically report information related to PFAS uses, production volumes, disposal, exposures and hazards.

  • Any entities that have manufactured (or imported) PFAS in any year since 2011 will have 18 months following the effective date of this rule to report PFAS data to the EPA.

 

  • Small manufacturers whose reporting obligations under this rule are exclusively from article imports will have 24 months from the effective date of this rule to report PFAS to the EPA.


“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,” says Michal Freedhoff, assistant administrator for the Office of Chemical Safety and Pollution Prevention. “Today, we take another important step under EPA’s PFAS Strategic Roadmap to deliver on President Biden’s clear direction to finally address this legacy pollution endangering people across America.”

The EPA will create a list of reportable PFAS with Chemical Abstracts Service Registry Numbers (CASRN) available on the CompTox Chemicals Dashboard.