EPA's Long-Awaited Final PFAS Reporting Rule: Wide-Ranging Impact, Extensive Reporting Obligations
Expanded PFAS Definition, Twelve-Year Reporting Period, No Small Business or De Minimis Exceptions
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide practitioners through the EPA's recently released final PFAS reporting rule. The panel will discuss who is subject to the rule, the scope of reportable information, the level of due diligence to be performed by submitters when gathering data, and other requirements. The panel will address the possible effects of the wide-ranging rule on future EPA PFAS rulemaking and PFAS litigation and describe best practices for compliance.
Outline
- History of EPA's PFAS reporting rule
- Final PFAS reporting rule
- Expanded PFAS definition
- Covered entities, activities, and products/substances
- Manufacturing and importing during calendar years 2011-2022
- Covered products/substances
- No small business or de minimis exceptions
- Reporting standard
- Information known to or reasonably ascertainable by the submitter
- Level of due diligence required
- Reportable information
- Reporting deadlines: 18 vs. 24 months
- Confidential business information claims
- Recordkeeping requirements
- EPA enforcement penalties
- Possible effects on future EPA rulemaking and PFAS litigation
- Best practices for compliance
Benefits
The panel will review these and other key issues:
- Who is required to submit PFAS reports under the final rule?
- What is the scope of information required to be reported?
- How will submitters satisfy the information "known to or reasonably ascertainable by" standard required for gathering data?
- How may the rule impact small businesses?
- What are the penalties for noncompliance?
Faculty
James Pollack
Attorney
Marten Law
Mr. Pollack leads the firm’s consumer products regulatory practice. He helps consumer product manufacturers in... | Read More
Mr. Pollack leads the firm’s consumer products regulatory practice. He helps consumer product manufacturers in the apparel, outdoor, and food products industries who are working to understand the complicated and shifting regulatory and litigation environments surrounding emerging contaminants. He has extensive knowledge on PFAS regulatory compliance at the federal and state level. Mr. Pollack’s clients include textile and apparel manufacturers, outdoor recreational product manufacturers, food product manufacturers, and retailers. He also works with industry associations to update membership on regulatory developments. Mr. Pollack also has experience with permitting and defending projects on public lands, with particular emphasis on renewable energy development.
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Brandon W. Neuschafer
Partner
Arnold & Porter Kaye Scholer
Mr. Neuschafer’s practice draws on his diverse experience advising clients on operational, regulatory and... | Read More
Mr. Neuschafer’s practice draws on his diverse experience advising clients on operational, regulatory and environmental issues pertaining to the development, production, sale, and distribution of food, agricultural, and chemical products. He represents clients before a wide range of regulatory agencies, including the Food and Drug Administration, the U.S. Department of Agriculture, the Environmental Protection Agency, the Occupational Safety and Health Administration, and state agencies. Mr. Neuschafer's deep experience with regulatory, transactional and litigation issues is enhanced by long-term arrangements with multiple clients during which he served as their “in-house counsel” to provide tailored practical advice. He regularly counsels on issues affecting regulatory pathways for novel and conventional ingredients and finished products, manufacturing (including Food Safety Modernization Act compliance), and food marketing claims, including labeling and advertising. For two decades, Mr.Neuschafer has handled the regulation of pesticides, fertilizers and agricultural chemicals, with a particular focus on issues under the Federal Insecticide, Fungicide and Rodenticide Act and similar state laws. He has extensive experience with incident investigation and response, including industrial accidents, FDA Form 483, Warning Letter and inspection response, product adulteration, recall management, and the many customer, supplier, and insurer issues that can accompany such incidents.
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Matt Thurlow
Partner, Co-Chair Environmental Team
Baker & Hostetler
Mr. Thurlow is an environmental litigator with significant experience in environmental matters brought under the Clean... | Read More
Mr. Thurlow is an environmental litigator with significant experience in environmental matters brought under the Clean Air Act, CERCLA, Clean Water Act and RCRA. He formerly served in the Environmental Enforcement Section of the U.S. Department of Justice where he acted as lead counsel on a variety of civil enforcement matters, including a major Clean Water Act case against the city of Memphis, Tennessee, several Superfund cases, and several Clean Air Act matters involving power plants and oil refineries. He is a frequent writer and speaker.
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