New Regulatory Requirements for PFAS in the U.S. and Smartphones in the EU

The Long-Awaited U.S. EPA PFAS Reporting Rule is Here

I last wrote about the U.S. Environmental Protection Agency’s (EPA) “TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances” in August, 2021. As noted in that column, because the requirement was part of the National Defense Authorization Act for Fiscal Year 2020, “The EPA must publish a final rule no later than January 1, 2023.” On September 28, the EPA finalized the rule and provided a pre-publication notice that contained the language that was published in the Federal Register on October 11, 2023.

The rule requires ”any person that manufactures (including import) or has manufactured (including imported) PFAS or PFAS-containing articles in any year since January 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards” per TSCA section 8(a)(2)(A) though (G). This is a one-time data call-in requirement; you’ll only have to do it once. So dig back into your data, because the reporting will require providing the following information:

• The common or trade name, chemical identity and molecular structure of each chemical substance or mixture for which a report is required;
• Categories or proposed categories of use for each substance or mixture;
• Total amount of each substance or mixture manufactured or processed, the amounts manufactured or processed for each category of use and reasonable estimates of the respective proposed amounts;
• Descriptions of byproducts resulting from the manufacture, processing, use or disposal of each substance or mixture;
• All existing information concerning the environmental and health effects of each substance or mixture;
• The number of individuals exposed, and reasonable estimates on the number of individuals who will be exposed, to each substance or mixture in their places of work and the duration of their exposure and
• The manner or method of disposal of each substance or mixture, and any change in such manner or method.

Note that “Importers of PFAS in articles are considered PFAS manufacturers” and polymers like PTFE (Teflon®) are considered to be reportable PFAS.

The EPA will publish guidance (a draft is currently available) for all manufacturers within the scope of the rule. A spreadsheet containing the reporting requirements has also been published as “Data Elements included in the TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances.”

Because some of the required information is beyond the capabilities and knowledge of most article manufacturers, the EPA is finalizing a reporting option for article importers to provide data to the EPA on a streamlined form. This form will include chemical identity, processing and use information and production volume, among other things (these are defined in the Data Elements spreadsheet). Thanks to stakeholder inputs over the past couple years, this is much better aligned with what article manufacturers like those in the electronics industry are going to be able to produce than the list above. Furthermore, “production volume” can be the total weight of the PFAS-containing imported articles or quantity of articles imported. It doesn’t have to be the volume of the PFAS itself, as article manufacturers are less likely to be able to produce that.

Once the rule is published, there will be a one-year information collection period followed by a six-month reporting period. The EPA is granting an additional six months for reporting to small manufacturers (as defined at 40 CFR 704.3) whose reporting obligations under this rule are exclusively from article import. A draft guidance doc for small companies is also available now.

Records that document any information reported to the EPA must be retained for five years.

EU Updates Ecodesign Requirements for Smartphones

The next-generation European Union-imposed ecodesign framework is soon to roll out, but in the meantime, COMMISSION REGULATION (EU) 2023/1670 of 16 June 2023 covering all manner of smart and not-so-smart mobile and cordless phones, as well as tablets, has been published and will apply from June 20, 2025.

Because the vast majority of manufacturers of these devices have never made them easily repairable and backpedaled in areas like battery replaceability, the EU is now making repairability, supply of spare parts and battery replaceability by users (except under certain conditions) mandatory along with other environmental sustainability-driven requirements.

Driving for a longer use life and improved recyclability, the Regulation specifies requirements like:

• “Design for reliability” including:
  • Resistance to 45 accidental drops,
  • Screen scratch resistance,
  • Protection from dust and splashing water ingress,
  • Battery charge cycle endurance requirements,
  • 5 years of operating system updates,
• Marking of plastic components heavier than 50g to assist recyclers,
• Recyclability information regarding disassembly and
• The technical documentation must include information about the presence and amounts of cobalt, tantalum, neodymium and gold in the product.

Of course, a big challenge with repairability is the price professional repairers will charge for their services along with the cost of the required parts (which will be published on the manufacturer/importer website) vs. the lure of simply purchasing a new phone (and throwing the old one in a drawer rather than recycling or returning it for refurbishment and reuse).

As the EU expands the scope of ecodesign requirements, more electronics manufacturers, more products and more component and material manufacturers and suppliers will be subject to these types of requirements. Regardless of your position in the supply and value chains, paying attention to what the EU is requiring the industry to do will help you prepare for when your products are in the crosshairs.

Visit DCA at www.DesignChainAssociates.com or email the author with any questions or comments on this post.