On March 1, 2021, the U.S. Environmental Protection Agency (EPA) sent for White House Office of Management and Budget (OMB) prepublication review a proposed rule that would require reporting and recordkeeping for the production of per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). The regulation is mandated by section 7351 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA), which amended TSCA section 8(a) to include “a one-time reporting event” of PFAS manufactured after January 1, 2011. Sidley’s environmental update previously discussed the NDAA in detail. OMB reports that EPA plans to publish the proposed rule in April and the final rule in July 2022.
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