EPA Proposes New Exemptions From PFAS Reporting

On Monday, November 10th, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to improve the utility and reduce the regulatory burden of its PFAS reporting regulations under the Toxic Substances Control Act (TSCA). 

Currently, under the Toxic Substances Control Act's section 8(a)(7), manufacturers (including importers) are required to report certain PFAS data in any year from 2011 to 2022. The 11-year look-back rule has been criticized for imposing a significant compliance burden on the industry without demonstrating how it advances environmental protection goals.

The RV Industry Association and its members have consistently advocated for common-sense changes to the Toxic Substances Control Act 8(a)(7) look-back reporting rule. This summer, the RV Industry Association participated in multiple in-person meetings with EPA leadership to outline the challenges of collecting chemical composition data on products sourced across a diverse and multi-tiered global supply chain. 

The proposed rule includes several exemptions and modifications that would maintain important reporting requirements on PFAS while exempting certain low-value activities impacting the RV industry. 

The proposed exemptions include:

• Imported articles;
• PFAS manufactured (including imported) in mixtures or products at concentrations 0.1% or lower;
• Certain byproducts;
• Impurities;
• Research and development chemicals; and
• Non-isolated intermediates.   

Under the imported articles exemption, RV Industry Association members and suppliers who import finished products from overseas sources would not be required to collect and report PFAS information on those products to the EPA. 

Further, products that contain de minimis levels of PFAS (less than 0.1%) would be excluded from reporting. These two exemptions alone would exempt much of the RV industry’s reporting obligations under the Toxic Substances Control Act, eliminating significant costs and regulatory burden on RV manufacturers and suppliers. 

The proposed rule is expected to be published in the Federal Register as early as December for a 45-day public comment period. If finalized, the data submission period will begin 60 days after the rule’s effective date and will be open for a 90-day period. The RV Industry Association will keep members updated on the progress of the rule.

For more information, contact Senior Manager of Regulatory Affairs Bill Erny at berny@rvia.org.