New EPA Reporting Rule to Require 12 Years of PFAS Data from Manufacturers and Importers

Snowy ascent

By James Pollack, OIA Clean Chemistry and Materials Coalition Legislative Advisor, Attorney at Marten Law

In October 2023, EPA finalized a rule that will require reporting on PFAS in all articles manufactured or imported into the United States from January 1, 2011 to December 31, 2022. You can view the rule here.

The final rule, adopted under the Toxic Substances Control Act, establishes this one-time reporting requirement. Manufacturers and importers of any articles containing PFAS must investigate and certify to EPA the amount of PFAS that they have manufactured or imported into the United States during the reporting period. The specific content of the report for each year will include the following information:

1). Chemical information such as:

a). Chemical identity of the PFAS in the article (the specific chemical name, if known, or otherwise a generic name or description of the PFAS if the specific chemical name is confidential business information or unknown)

b). Chemical identification number

c). Trade name or common name, if applicable, of the chemical

d). Representative molecular structure for any PFAS not in Class 1 of the Toxics Release Inventory

2). Import production volume of the imported article (in units or weight)

3). Industrial processing and use of the article, if any

4). Consumer and commercial use of the article, if any (e.g., product category, functional use of category, maximum PFAS concentration in product, whether children are intended users)

The above information reflects a more streamlined form available to article importers. Domestic manufacturers have a more detailed reporting obligation.

Who is covered under the new PFAS Reporting Rule?

The PFAS Reporting Rule covers nearly all importers and manufacturers. It only offers a narrow set of exemptions for products like pesticides, food, drugs, cosmetics, medical devices, as well as municipal waste importers. Otherwise, reporting is required.

How hard do you have to work to collect this information?

The due diligence standard for collecting information is “to the extent it is known or reasonable ascertainable.” That includes “all information in a person’s possession or control, plus all information that a reasonable person similarly situated might be expected to possess, control, or know.” Manufacturers and importers may also make reasonable estimates based on other information in their possession.  EPA has issued several guidance documents further elaborating the standard.

What can I do about it?

Build a team with the knowledge and skills necessary to engage in this search. Appoint a team leader who can coordinate the search. Include a cross-section of business functions that may have knowledge of where to find relevant information—that may include product designers, supply chain relationship managers, marketers, and IT department members. Bring in outside expertise, including legal support, to help engage in this record search as well as to support in the documentation of the search. Make a comprehensive search plan, and document the search and conclusions in case that information is needed in the future.

What if my suppliers have the information?

It may be the case that your brand does not know the chemical content of your product, even if you know (or suspect) that the product contains PFAS. This can particularly be true for article importers, or those who work with specialized chemical suppliers that use proprietary chemistries. The PFAS Reporting Rule provides an entirely new process for joint reporting where a reporter can identify a relevant supplier that would be better positioned to provide EPA with information on the chemical content of the relevant product. Depending on the results of your due diligence efforts, joint submission may be the best path forward to provide responsive information to the agency.

Will my reported information be made public?

EPA plans to make portions of the information public so that state and federal agencies may set priorities for regulation and to help consumers avoid specific products. Whether or not EPA makes records public on its own, submissions may become subject to public records requests. EPA expects that the PFAS data it collects could potentially be used by the public, including consumers wishing to know more about the products they purchase, communities with environmental justice concerns, and government agencies to take appropriate steps to reduce potential risk. As a result, your brand may consider whether to submit a confidential business information (CBI) claim to protect submitted information.

What is the timeline for complying with this rule?

Overall, about 18 months. The submission period opens on November 12, 2024, with the general submission deadline on May 8,2025. Certain small manufacturers and importers will receive an additional six months to comply.

How can OIA support me?

We at OIA are committed to supporting members as they engage in this reporting process. OIA will keep its membership up to date on any developments and is looking to develop a guide to help brands understand their reporting obligations. Look out for that guide in the coming months.

Need support keeping up with chemical reporting rules and evolving sustainability legislation? Join OIA’s Clean Chemistry and Materials Coalition to access advice from legislative and chemicals experts along with a community of other outdoor brands, manufacturers, suppliers, and retailers working to eliminate and replace harmful chemicals from their supply chains.

About James Pollack

James Pollack is an attorney at Marten Law based in Seattle, WA, whose practice focuses on consumer product regulatory compliance, emerging contaminants, and environmental review. James leads the firm’s consumer products regulatory practice and helps consumer product manufacturers in a wide array of industries that are working to understand the complicated and shifting regulatory and litigation environments surrounding emerging contaminants. He has extensive knowledge on PFAS regulatory compliance at the federal and state level. James’s clients include textile and apparel manufacturers, outdoor recreational product manufacturers, food product manufacturers, and retailers. He also works with industry associations to update membership on regulatory developments.

 

 

 

Read more from James on PFAS:

About James

PFAS PHASE-OUT: 5 KEY STEPS FOR YOUR OUTDOOR BRAND

Can Orange Juice Claim to be Green?

PFAS in Consumer Products are Targeted by State Regulators and Class Action Plaintiffs

What Is in EPA’s Billion Dollar PFAS Reporting Rule?

California Bans PFAS in Apparel, Textiles, Cosmetics

Washington is Latest State to Ban PFAS in Consumer Products 

Regulation of PFAS in Consumer Products 

 

Together We Were a Force for the Outdoor Industry in 2023

OIA Staff

In 2023, Outdoor Industry Association (OIA) and the outdoor community experienced a transformative journey marked by change and growth. With fresh faces on board and a revamped OIA member portal, innovation became our driving force, fueled by the unwavering support of members and fellow outdoor enthusiasts like you. Together, we catalyzed meaningful change across every focus area of OIA, from market research and sustainability to government affairs and inclusive participation. 

We launched a new program, Clean Chemistry and Materials Coalition, to help our members phase out and eliminate harmful chemistry in outdoor products, and our Climate Action Corps continues to grow in helping members reduce greenhouse gas emissions in line with science 

We shared 20 research reports delivering expert perspectives and industry-leading data on participation trends, market intelligence, and consumer insights. 

Our virtual education series, featuring 12 webinars, covered topics from sustainable product development to effective outdoor advocacy at state and federal levels. 

We stood strong in advocating for our industry, with members testifying before the House Ways and Means Committee to champion international trade priorities.

Through the Outdoor Foundation‘s Thrive Outside initiative, we grew the impact of this nationwide network, expanding outdoor access for 390,000 diverse youth. But our innovation doesn’t stop here.

We have four product launches on the horizon for 2024 to help our members continue to move the needle for business, people, and the planet.  

Together, we are catalysts for sustainable growth, collective action, insights, and inclusion. Together, we are catalysts for meaningful change. Thanks for treading the path with us.  

Sincerely,

OIA President Kent Ebersole

2023 Thrive Outside Days

Thanks to Thrive Outside community leaders, partners, and participants, our 2023 Thrive Outside Day events were an overwhelming success! Read and see below how a few of the 13 Thrive Outside Communities across the country created an array of new opportunities for children, youth, and their families to enjoy the outdoors – helping to build new connections and encourage year-round outdoor experiences.

 

Oklahoma City

At the Oklahoma City Thrive Outside Day, youth kayakers representing the Boys and Girls Club of Oklahoma County and the Oklahoma City Indian Clinic demonstrated their kayaking skills in front of 3,800 attendees cheering from the banks of the Oklahoma River. The weekend of fun included A Most Beautiful Thing Inclusion Fund (AMBTIF) award ceremony, with AMBTIF founder Arshay Cooper and Olympians welcoming and inspiring 55 youth to embrace the healing power of watersports. Youth rowers representing six middle schools then rowed in their first race with over 4,000 spectators in attendance.

 

St. Louis

“This is what community looks like” – Thrive Outside Day Participant

In St. Louis, River City Outdoors, O’Fallon Park YMCA, The Boys and Girls Club of Greater St. Louis, and Cherokee Recreation Center all partnered to offer activities for Thrive Outside Day. Over 150 participants were able to enjoy a mobile climbing wall, a community BBQ, and a giveaway of River City Outdoor swag. 

 

 

 

 

 

Detroit

With support from Wilderness Inquiry, over 300 Detroit students and community members had the opportunity to paddle in canoes on the inland lakes of Belle Isle Park and engage in land-based environmental education activities with other partner organizations and agencies. The Canoemobile

 visit marked the beginning of Detroit’s Thrive Outside Days, a month-long embrace of making time to go outside and connect with nature and one another.

The team also curated and promoted a weekly list of ways to get outside and thrive all through October with other members of the local network. Detroit’s Thrive Outside Days culminated with a Mountain Bike Ramble event at Rouge Park in Detroit, where the students of the Hamtramck High Schools Outdoor Adventure Club spent the day riding the trails.

 

Grand Rapids

“Thrive Outside Day in Grand Rapids was a chance to celebrate our community, give away some free gear and swag, and invite folks to come and get familiar with our Gear Library.” – Sam Truby, Gear Library Supervisor

The Grand Rapids team observed that while lending equipment and clothing on a temporary basis is a great way to make outdoor activities possible for children, youth, and families who need it, “giving someone gear to keep creates a sense of excitement that a temporary item does not. This event showed that gear giveaways could be a potential ongoing activity at the gear library, as it gives winners a sense of ownership of the activities they do outside.”

 

New Analysis Reveals Strength of the Outdoor Economy

Today, the U.S. Bureau of Economic Analysis (BEA) released new data showcasing the tremendous impact of outdoor recreation on America’s economy. In 2022, the BEA found that outdoor recreation accounted for $1.1 trillion in gross economic output, 2.2% of gross domestic product (GDP), and supported 5 million jobs across the United States.  

“It comes as no surprise that outdoor recreation and the outdoor economy continue to demonstrate outstanding growth, which also supports the historic trends in outdoor participation we have seen in recent years,” said OIA President Kent Ebersole. “The outdoor recreation participant base grew for the eighth consecutive year to a record 168.1 million participants, and new participants are increasingly diverse and looking to businesses to lead on sustainability, equity, and conservation. This new data demonstrates the strength of the outdoor recreation industry and our collective power to drive sustainable economic growth while protecting – and growing access to – the benefits of the outdoors for everyone.”  

BEA launched its outdoor recreation economy project in 2017 to “deepen the public’s understanding of the economic impact of outdoor recreation, inform decision making, and improve governance and long-term management of public lands and waters.” 

Explore the power of the outdoor recreation economy through our interactive map, which now lists state-level participation data alongside jobs, wages, and total economic value.

 

  

 

Meet the New and Returning OIA Board Members

As the outdoor industry’s member-led collective, OIA catalyzes meaningful change in every element of the industry. To set our businesses and industry up for future success, we rely on a clear strategy and value-based collaboration. Our board of directors helps shape OIA’s strategic plan. The individuals on the board, through their seats at the governance table, support the success of every member company across four critically aligned areas of market research, sustainability, government affairs, and inclusive participation. 

This summer, four new and three incumbent members were elected to the OIA Board of Directors by the OIA membership. We are proud to present the new directors and reacquaint you with the returning directors, who comprise a diverse group of leaders that represent the broad interests of OIA’s member companies and who have a depth of industry knowledge, as well as fresh, progressive ideas. 

To our former and current board leaders, OIA members, and fellow outdoor enthusiasts, thank you for your participation in this year’s election and for treading the path with us! 

New Board Members

“I am honored to be entrusted with a seat on the board of OIA. I’m looking forward to collaborating with fellow board members and the organization at large and contributing my experience, passion and dedication to the cause. Through our shared mission of promoting sustainable economic growth and climate positivity, we can create meaningful change in the outdoor industry.”

– Keith Carrato, Gerber Gear Vice President/General Manager

“I never fit in the box that the outdoor industry was confined to. Now I’m brought on to help redefine what the outdoors is, and who it belongs to, and why. 

I’ve never fit in the “box”; because the box was never intended to fit people like me. I’m in this industry, with my family. We are building a staircase to include and elevate; collectively, considerately, and communally.”

– Jahmicah Dawes, Slim Pickins Outfitters Owner and Founder

 

“I am honored to join the OIA Board of Directors and work alongside an esteemed group of industry leaders. Together, we have the opportunity to shape the future of outdoor inclusion, conservation, and innovation to better serve the industry. I cannot wait to contribute my passion and expertise to this incredible community.”

– Diana Seung, tentree President

“After twenty years in the outdoor industry, I am deeply honored to join the board of directors for Outdoor Industry Association. I look forward to putting in work on many subjects, but my passion lies in DEI and specialty retail. Diversity isn’t just a buzzword; it’s a vital driver of innovation and progress. It must be a priority for our industry to remain relevant.  

Additionally, I firmly believe that the backbone of our industry is the outdoor specialty retailer, and as an association we should be a robust resource for them.   

Together, we can work to ensure that the industry is known and accessible to all, fostering a stronger, more inclusive community that benefits our businesses and the diverse array of consumers who cherish experiences outside.”

– Troy Sicotte, Mountain Hardwear  President and Global General Manager

Returning Board Members

Alison Hill is the CEO of LifeStraw, a global company providing safe water through technological innovation and product design. For the last 14 years, Alison has built the LifeStraw brand through retail, humanitarian water programs, and emergency preparedness and response.    

“I look forward to continued leadership on the OIA Board and working alongside new and remaining board members to ensure our industry thrives in the ever-changing consumer and market landscape.”

– Jennifer McLaren, Altra Brand President & GM of VF NORA Key Accounts

“It’s an honor to continue serving as a leader on the OIA Board of Directors. I look forward to continuing to support OIA in its efforts to build an ecosystem of thriving businesses, people, and planet while increasing the value we deliver to our emerging businesses and other nonprofits.

– Kevin Winkel, Wayward Founder