The US Environmental Protection Agency (EPA) announcement on February 2, 2022, that it invites small businesses, governments, and nonprofits to participate as Small Entity Representatives (SERs) on a Small Business Defense Review Panel (SBAR). The panel will focus on the EPA’s development of a rule that would require reporting and record keeping for per- and polyfluoroalkyl substances (PFAS) of certain persons who manufactured (including imported) a PFAS in course of a year since January 1, 2011.
As noted in our June 11, 2021 memorandum, the National Defense Authorization Act (NDAA) for Fiscal Year 2020 (Fiscal Year 2020) amended the Toxic Substances Control Act (TSCA) to add Section 8 (a)(7), requiring the EPA to promulgate a rule “requiring any person who has manufactured a chemical substance that is [PFAS] any year since January 1, 2011” to report certain information. APE proposed rule would require all manufacturers (including importers) of PFAS in any year since 2011 to report information relating to chemical identity, use categories, volumes manufactured and processed, by-products, effects on environment and health, worker exposure and disposal. The EPA says the proposed rule will help it better understand the sources and amounts of PFAS manufactured in the United States and support its research, monitoring, and regulatory efforts under the PFAS Strategic Roadmap. Comments on the proposed rule were due September 27, 2021.
The EPA says that in response to public comments and additional information received during the comment period, it “is interested in convening an SBAR panel.” The panel will include federal representatives from the Small Business Administration (SBA), Office of Management and Budget (OMB), and EPA. According to the EPA, Panel members will ask a select group of RES to provide advice and recommendations on behalf of their businesses, communities, or organizations to inform the Panel of the potential impacts of the proposed rule on small entities.
The EPA is seeking self-nominations directly from small entities that may be subject to the rule’s requirements. Other representatives, such as trade associations that exclusively or at least primarily represent small potentially regulated entities, may also serve as SERs. Self-nominations must be received by February 16, 2022.
©2022 Bergeson & Campbell, CPNational Law Review, Volume XII, Number 34