EPA PFAS Reporting Rule: Current Requirements, Scope Issues, and Compliance Strategies
Who Must Report, What Gets Reported, Due Diligence, Deadlines, and Advising Clients Through Proposed Changes
About the Course
Introduction
This CLE webinar will guide practitioners through the EPA's current 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, current reporting deadlines, proposed scope changes, and other key 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 during the current reporting period.
Description
On Sept. 28, 2023, the EPA released its long-awaited final PFAS reporting rule, "Toxic Substances Control Act (TSCA) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)." The final rule revises the 2021 draft rule in significant ways, is wide-ranging in impact, and may affect companies that do not even realize they are subject to the rule.
The final rule expands the definition of PFAS using a structural definition, rather than a discrete list of chemicals, to avoid inadvertently limiting the scope of reporting. The rule requires that any entity that has manufactured or imported PFAS must evaluate whether it is required to submit information covering a 12-year period from 2011 through 2022 and prepare for the EPA's current reporting timetable.
The rule provides the categories of information that should be produced and describes the reporting standard as information "known to or reasonably ascertainable by" the submitter. While this standard is narrower than the scope originally proposed in the draft rule, covered entities will still need to carefully perform their due diligence, examining internal records and undertaking external outreach to suppliers. The rule has imposed broad obligations, even as EPA has proposed certain changes to the scope of reporting requirements. Therefore, compliance may prove to be a challenge for companies that generally have not kept records of such information.
Given the significant scope of information to be produced and the risk of penalties for noncompliance, counsel should be familiar with the rule and how to best advise clients to begin gathering the data required in order to meet the EPA's deadline while monitoring possible changes that may affect who must report and what information must be submitted.
Listen as our expert panel guides practitioners through the EPA's impactful final PFAS reporting rule and provides best practices for compliance during the current reporting period, including practical guidance on deadline management, diligence, and advising clients amid possible regulatory changes.
Presented By
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.
Mr. Thurlow is an environmental and toxic tort litigator. He represents clients in state and federal courts across the country, including in multidistrict litigation, in high-stakes matters involving environmental, product liability, natural resource damages, consumer product and advertising, and personal injury claims relating to chemicals including per- and polyfluoroalkyl substances (PFAS), ethylene oxide, dioxins, and PCBs. Mr. Thurlow frequently represents clients in civil enforcement and private party lawsuits brought under the Clean Air Act, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Clean Water Act, Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and Toxic Substances Control Act.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, June 23, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. History of EPA's PFAS reporting rule
II. Final PFAS reporting rule
III. Expanded PFAS definition
IV. Covered entities, activities, and products/substances
A. Manufacturing and importing during calendar years 2011-2022
B. Covered products/substances
C. Current scope of coverage and proposed changes/exemptions
V. Reporting standard
A. Information known to or reasonably ascertainable by the submitter
B. Level of due diligence required
VI. Reportable information
VII. Current reporting deadlines and timetable
VIII. Confidential business information claims
IX. Recordkeeping requirements
X. EPA enforcement penalties
XI. Possible effects on future EPA rulemaking and PFAS litigation
XII. Best practices for compliance during the current reporting period
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 should counsel advise clients on current reporting obligations while EPA considers proposed scope changes and exemptions?
- What are the penalties for noncompliance?
- What practical steps should companies take now to prepare submissions during the current reporting period?
Related Courses
EPA PFAS Reporting Rule: Current Requirements, Scope Issues, and Compliance Strategies
Tuesday, June 23, 2026
1:00 PM ET/10:00 AM PT
