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Bryan Moore Shares Insights with The Texas Lawbook on the U.S. Environmental Protection Agency’s Proposed PFAS Reporting Rule

Bryan Moore, partner in the Austin Office and member of the Environmental & Natural Resources Practice, authored an article for The Texas Lawbook, published on Oct. 26, 2021 on a rule recently proposed by the Environmental Protection Agency (EPA) under the Toxic Substances Control Act. 

In the article, Bryan shared that under the proposed rule, companies that have manufactured (including imported) Per- and Polyfluoroalkyl Substances (PFAS) at any time, in any quantity and for any purpose since 2011 would be required to report information regarding PFAS uses, production volumes, byproducts, exposures, disposal processes and volumes, and health and environmental effects. Any company subject to the reporting requirement would also be required to maintain its PFAS reporting records for five years.

Additionally, Bryan explains that under this proposed rule, the EPA is not providing any exemptions beyond the substances that are excluded from the statutory definition of “chemical substances,” which include pesticides, food, food additives, drugs, cosmetics or devices as defined by the Federal Food, Drug, and Cosmetic Act; tobacco and tobacco products.  EPA’s proposal does not include any of the traditional TSCA exemptions for small manufacturers, byproducts, impurities, or research and development. 

In terms of the reporting standard, Bryan writes that the EPA is proposing that PFAS manufacturers must report the required information “to the extent that the information is known to or reasonably ascertainable by the manufacturer.” Bryan also noted that the EPA is obligated by statute to publish the final rule by Jan. 1, 2023, and the reporting period would commence six months after the effective date of the final rule.

At Balch, Bryan helps industrial, commercial, and oil and gas industry clients navigate and resolve contested environmental permitting proceedings, compliance audits, enforcement actions, and litigation so they can construct, operate, and expand their facilities. Bryan’s practice focuses on solid waste regulation, environmental litigation, and contaminated property assessment and remediation.