The Environmental Protection Agency (EPA) has issued a final rule mandating reporting and recordkeeping for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA). This measure aligns with amendments introduced by the National Defense Authorization Act for Fiscal Year 2020, requiring any entity that has manufactured or imported PFAS or PFAS-containing articles since January 1, 2011, to electronically disclose details on their production, use, disposal, exposure risks, and environmental hazards.

Strengthening PFAS Data Collection

By implementing this rule, EPA aims to enhance its understanding of PFAS sources and their distribution in the U.S. Companies, including small businesses, that have engaged in PFAS-related activities over the past decade must submit reports through the Central Data Exchange (CDX). Once the submission window opens, manufacturers will have six months to comply. However, small businesses dealing exclusively with imported articles containing PFAS will receive an additional six months to fulfill their obligations.

Update on the Reporting Period

Originally scheduled to begin on November 12, 2024, the reporting period has been postponed to July 11, 2025, following a direct final rule issued by EPA in September 2024. The delay stems from budgetary constraints within the TSCA program, exacerbated by a $5 million reduction in funding for fiscal year 2024. As a result, the agency had to make difficult financial decisions, including substantial cuts to IT operations.

These financial constraints halted ongoing software development, affecting critical systems that support TSCA data collection. Consequently, the platform required for PFAS reporting will not be operational by the original deadline. With the updated timeline, most entities must submit their reports by January 11, 2026, while small businesses dealing solely with imported PFAS-containing items will have until July 11, 2026.

TSCA Section 8(a) Requirements

Under TSCA Section 8(a)(7), the EPA requires manufacturers to disclose a range of data regarding PFAS, including:

• Chemical identity, trade names, and molecular structures

• Categories and intended applications

• Production quantities and estimated future volumes

• Byproducts from production and disposal

• Known environmental and health effects

• Worker exposure estimates and duration

• Methods of disposal and any modifications to those methods

Understanding PFAS and Their Impact

PFAS are synthetic chemicals that do not naturally occur in the environment. They are characterized by strong carbon-fluorine bonds, making them highly resistant to degradation. Used in industrial and consumer applications for decades, these substances have been detected in wildlife and human populations due to their persistence and bioaccumulative properties. Studies indicate that many Americans have measurable levels of PFAS in their bloodstream, raising concerns about potential long-term health effects.

EPA’s Consultation with Small Businesses

To ensure fair regulatory implementation, EPA convened a Small Business Advocacy Review (SBAR) Panel in April 2022. Representatives from the Small Business Administration (SBA) and the Office of Management and Budget (OMB) collaborated with small business stakeholders to assess regulatory impacts. The panel’s feedback informed an Initial Regulatory Flexibility Analysis (IRFA), which examined compliance costs and potential alternatives for minimizing small business burdens.

Next Steps for Compliance

With the adjusted reporting timeline, affected businesses should prepare to gather the necessary data ahead of the July 2025 submission window. The EPA continues to provide guidance through informational webinars, regulatory analyses, and direct engagement with industry stakeholders. By ensuring comprehensive reporting, the agency seeks to enhance public understanding of PFAS distribution and mitigate associated risks to human health and the environment.

Source :

https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/tsca-section-8a7-reporting-and-recordkeeping

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