Chelsea Murphy, Environmental Specialist II, U.S. Compliance
The U.S. Environmental Protection Agency (EPA) has published an extensive wide-ranging final rule that requires companies to report per- and polyfluoroalkyl substances (PFAS) manufactured, including imported, in the United States under the Toxic Substances Control Act (TSCA). This Rule does not solely extend to traditional chemical manufacturers but is inclusive of importers of products that contain one or more PFAS compounds.
The TSCA Section 8(a)(7) reporting and recordkeeping requirements for PFAS involves companies determining to the extent known or reasonably ascertainable whether they have manufactured or imported any of the 1,462 identified PFAS chemicals, or their structures, for commercial purposes from the calendar years of 2011 to 2022. If companies determine that they have, they must report data for each reporting year including but not limited to the PFAS chemical identity, molecular structure, categories of use, and quantities manufactured or processed as well as the environmental and health effects, number of individuals exposed, and manner of disposal.
The EPA does not expect each company to perform analytical sampling on all chemical substances and articles manufactured or imported to determine whether they contain PFAS chemicals. The EPA does expect, however, companies to assess and report information to the extent known or reasonably ascertainable, which can include information from safety data sheets, research and development studies, marketing, analytics, or other data.
Most companies required to report under this rule will need to submit their electronic reports by January 11, 2026. However, small businesses reporting data solely on importing PFAS contained in articles will have until July 11, 2026 to submit reports.
Given the extent of the data required to determine whether your company is applicable to the TSCA Section 8(a)(7) PFAS reporting rule, now is the time to start reviewing your data. Reach out to your U.S. Compliance representative for any questions about the new TSCA PFAS reporting requirements.
