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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Proposed Rules
withdrawn LVE submissions in the list of examples subject to this proposed rule if they were submitted since 2011.
This proposed rule will also include structural diagrams to capture any PFAS whose CAS or Accession numbers could not be divulged due to CBI claims, whose identity is not listed on the TSCA Inventory because it is subject to an LVE, or which is a byproduct not listed on the Inventory and not subject to an LVE, yet meets the structural definition. The list of identified PFAS and structural diagrams can also be found in the docket Ref. 7.
The PFAS included in the list and identified by the structural diagrams are examples of substances that meet this rules definition of PFAS; it is not a comprehensive list of all substances within this rules scope.
EPA is providing these examples of PFAS for the purpose of assisting manufacturers in determining whether a chemical substance they have manufactured in any year since 2011
meets this proposed rules definition of PFAS. Because the Inventorys active designation dates back to June 2006, it is possible for a firm to have manufactured one of these listed PFAS
yet not be required to report under this proposed rule, if they have manufactured it only in the period prior to January 1, 2011.
This list was developed as of April 2021. EPA anticipates updating this list prior to promulgating the final rule, both in response to public comment, and as a result of PMNs added to the Inventory and LVEs granted by EPA
between April 2021 and the date of publication of the final rule.
For the purposes of this proposed rule, articles containing PFAS, including imported articles containing PFAS such as articles containing PFAS
as part of surface coatings, are included in the scope of reportable chemical substances. TSCA does not define articles, nor does the statute define articles as a category of substances exclusive of chemical substances. EPA
therefore considers its ability to regulate chemical substances to encompass authority to regulate articles containing such chemical substances. Additionally, the Agency would benefit from collecting the requested information on PFAS-containing articles including articles containing PFAS as part of surface coatings because the information would improve the Agencys knowledge of various products which may contain PFAS, their categories of use, production volumes, and exposure data. Such data are not currently known to EPA. However, EPA
acknowledges that some article
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manufacturers, including article importers, may not have such information known to or reasonably ascertainable by them and may not meet the reporting standard as described in Unit II.C. To this end, information that helps EPA better understand data gaps is useful information for EPA to have.
Therefore, articles are within the scope of reportable substances under this proposed rule, though EPA is requesting comments on whether imported articles containing PFAS should be within scope see Unit IV.1.
2. Proposed exceptions to reporting for duplicative reporting. TSCA section 8a5 requires EPA, to the extent feasible when carrying out TSCA
section 8, to avoid requiring unnecessary or duplicative reporting.
The Agency seeks to avoid collecting data on PFAS that would duplicate information already reported to the Agency. While developing this rule EPA
reviewed the data elements submitted under the Chemical Data Reporting Rule and determined that there may be some overlap with the information requested under the proposed rule. EPA is proposing to allow reporting entities to indicate in the reporting tool that they have previously provided such information to EPA through CDR for certain data elements. The Agency has identified the following data elements which the reporter may be able to indicate has already been submitted to EPA:
Physical state of the chemical or mixture;
Industrial processing and use type, sectors, functional categoryies, and percent of production volume for each use;
Consumer and/or commercial indicator, product categoryies, functional categoryies, percent of production volume for each use, indicator for use in products intended for children, and maximum concentration in the product, and;
Number of workers reasonably likely to be exposed for each combination of industrial processing or use operation, sector, and function, and the number of commercial workers reasonably likely to be exposed if the PFAS is contained in a commercial product.
If a manufacturer covered under this proposed rule has previously submitted required information to EPA for some years since 2011, but not for all years, EPA is proposing that the manufacturer may indicate in the reporting tool the years for which the manufacturer has already submitted that data to EPA as part of CDR. For instance, CDR reporters are required to submit the total annual
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domestically manufactured production volume and the total annual imported volume separately, only for the principal reporting year e.g., 2019 for the 2020 reporting cycle, but reporting only the combined total annual production volume is required for the intervening years. In this case, a reporter under this proposed rule would be able to indicate that the two different production volumes have been previously submitted to EPA for the CDR reporting years, but would still need to report for the intervening years not previously submitted under CDR.
Additionally, there are some data elements for which CDR reporters may have previously reported information to EPA, although these data elements were only added to the CDR reporting requirements in 2020. Therefore, some manufacturers under this proposed rule may have submitted the following information to CDR for some years covered by this proposed rule, but not all, and would still be required to report this information for the missing years:
Domestically manufactured production volume;
Imported production volume;
Volume directly exported; and Indicator for imported but never physically at site.
EPA welcomes public comment on concerns related to duplicative reporting see Unit V..
B. When would reporting be required?
EPA proposes that persons who have manufactured a PFAS at any time since January 1, 2011, would report to EPA
during a six-month submission period, which would begin six months following the effective date of the final rule. Therefore, manufacturers would ultimately have one year following the effective date of the final rule to collect and submit all required information to EPA. EPA believes by providing six months between the effective date of the rule and the start of the submission period, this would allow sufficient time for both the Agency to finalize the reporting tool and for reporters to familiarize themselves with the rule and compile the required information. Since this section 8a7 reporting rule will be collecting similar information as CDR, EPA anticipates many reporters will be familiar with the types of information requested and how to report. The CDR
submission period is four months, every four years. Since this proposed rule spans a longer time than the four-year CDR reporting cycle, EPA acknowledges additional time may be needed in the PFAS submission period. EPA believes that six months is adequate time for submissions, in addition to the six-

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