Builders, developers, trades and retailers could be subject to reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA).
The Environmental Protection Agency published a notice in the Federal Register on Oct. 11 that requires manufacturers, including importers, to report to EPA regarding PFAS uses, production volumes, byproducts, disposal, exposures and existing information on environmental health effects if they manufacture or import these substances for commercial purposes.
Although builders, developers, trades and retailers are not considered chemical manufacturers under the rule, they could be considered an importer if they import products containing PFAS substances directly. Product importers are also required to comply with the reporting requirements and must self-identify under the rule as well.
Although most NAHB builder and developer members are unlikely to be impacted by the TSCA reporting rule, it is important to note that it is still possible for builders and remodelers to be considered importers based on their activity. If a PFAS substance is purchased directly from a foreign source (manufacturer or distributor), then you may be required to self-identify. Associate members who are retailers, distributors or wholesalers of a PFAS substance may most likely be affected.
View this Q&A document for more details.