On March 1, 2021, the White House Office of Management and Budget (OMB) received for review under Executive Order 12866 (Regulatory Planning and Review) from the U.S. Environmental Protection Agency (EPA) a proposed rule entitled “Reporting and Recordkeeping for Perfluoroalkyl or Polyfluoroalkyl Substances Under Section 8(a)(7) of the Toxic Substances Control Act (TSCA)” (Proposed Rule). This action is required under Section 7351 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA) that amended TSCA Section 8(a).  NDAA Section 7351 and TSCA Section 8(a)(7) require EPA to promulgate a rule by January 1, 2023, requiring each person who has manufactured a perfluoroalkyl or polyfluoroalkyl substance (PFAS) in any year since January 1, 2011, to submit to EPA a report that includes, for each year since January 1, 2011, the information described in TSCA Section 8(a)(2)(A)-(G).  For more information on this rulemaking, please read the full memorandum.

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