TSCA Section 8(a)(7) Reporting Rule for PFAS

October 20, 2023

On October 11, 2023 the new reporting rule for PFAS substances under TSCA (as released by the US EPA on September 28, 2023) was published in the Federal Register.

Under the rule, EPA requires all manufacturers and importers of PFAS and articles containing PFAS in any year since 2011 to report information to the EPA. That information includes details on chemical identity, uses, volumes made and processed, by-products, environmental and health effects, worker exposure, and disposal. In addition to fulfilling statutory obligations under TSCA[1], this rule will enable EPA to better characterize the sources and quantities of manufactured PFAS in the United States.

The final rule does not include de minimis exemptions and does not exempt small businesses, manufacturers or importers of articles containing PFAS as seen with other TSCA reporting rules. However, the final rule includes an option for article importers to use a “streamlined reporting form” if they do not know and cannot reasonably ascertain (“NKRA”) the information required for reporting.

The final rule comes into effect on November 13, 2023, with data reporting starting on November 12, 2024, through May 8, 2025. Small businesses that are solely reporting data on importing PFAS contained in articles will report from November 12, 2024, through November 10, 2025, as the rule outlines a small business stipulation for reporting due 24 months of the effective date of the final rule.

[1] As amended by the National Defense Authorization Act for Fiscal Year 2020

TSG Consulting can help

TSG Consulting supports all aspects of chemical compliance under TSCA including:

  • Understanding the PFAS reporting requirements
  • Developing a compliance strategy
  • Practical help to gather and prepare data, including in the supply chain
  • Preparing reporting forms and assisting with TSCA submissions
  • Assisting with the protection of Confidential Business Information (CBI)

If you have any questions, please do not hesitate to reach out to TSG’s TSCA experts Manuela Petrisor or Steve Buchanan or [email protected].

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