There’s no shortage of questions surrounding the United States Environmental Protection Agency (EPA)’s new mandatory per- and polyfluoroalkyl substances (PFAS) reporting rule under The Toxic Substances Control Act (TSCA) – TSCA Section 8(a)(7). The rule requires manufacturers and importers to report on their use of PFAS beginning in 2025, including retroactively reporting data from as early as 2011 – it's a lot to wrap your head around.
We recently covered the business implications and compliance requirements of the new PFAS reporting rule in a live webinar and gathered the burning questions companies like yours are asking as they prepare for the upcoming deadline. Keep reading to discover the answers to these pressing questions and access additional resources to help you better understand the reporting requirements.
Frequently asked questions about TSCA 8(a)(7)
What companies are in the scope of the reporting rule?
Any company that has manufactured or imported PFAS and/or PFAS-containing articles since 2011 is in the scope of the reporting rule.
Which PFAS are in the scope of the reporting rule?
The EPA has identified substances from the TSCA Inventory and Low-Volume Exemptions (LVEs) that meet the proposed structural definition. Reference lists can be found on the EPA website and the CompTox dashboard; however, these lists are non-exhaustive. Any substance that meets the structural definition is in the scope of the reporting requirements.
Are there any exemptions to the reporting rule?
Companies that have not manufactured or imported any PFAS since 2011 are exempt from the reporting requirements. Any products covered by other government organizations and most waste treatment facilities dealing with municipal solid waste are also exempt.
When is the TSCA Section 8(a)(7) reporting deadline?
The EPA Central Data Exchange (CDX) portal will open for reporting on November 12, 2024, and the deadline to submit data is May 8, 2025. Small manufacturers (as defined by the regulation) have an extended deadline of November 10, 2025.
What information must be submitted to the EPA for TSCA Section 8(a)(7)?
The following checklist of information must be submitted:- Name of the PFAS
- CAS number
- Structural definition
- Categories of use
- Amount produced or used
- PFAS byproducts
- Existing information on environmental and health effects
- Number of people exposed
- Manner of disposal for each PFAS
Does a company that purchases products containing PFAS from a U.S. company need to report to the EPA?
If your company sells products containing PFAS, you may still need to report, as the EPA is looking to examine not only PFAS production but also PFAS use and exposure. You may be able to investigate a joint submission where the resin manufacturer would report the PFAS properties.
How can companies determine due diligence for reporting?
The EPA has provided an in-depth guide on meeting the reporting requirements. There are also examples of how to interpret the known or reasonably ascertainable standard in the small entity compliance guide.
Where can the Streamlined Reporting Form for articles be found?
Details on whether your company qualifies for streamlined reporting can be found in section 2.2 of the Instructions for Reporting PFAS under TSCA Section 8(a)7 document. The form itself is contained within the CDX portal.
Are there concerns that FMDs will not cover PFAS in small quantities or under proprietary labels?
Yes - PFAS may be contained in proprietary materials in many cases. We recommend obtaining an absence declaration in addition to FMD if you suspect PFAS may be used.
Other than FMD and SDS, are there declarations that a manufacturer can provide?
Manufacturers can provide statements that they do not use PFAS in their manufacturing processes. These statements should be supplemented with documentation like FMD and SDS when the product type is known to utilize PFAS.
How does reporting on industrial use work for articles?
It depends on how the PFAS are being used. The reporting rule pertains to PFAS manufactured or imported for commercial purposes.
Does TSCA Section 8(a)(7) require companies to test their products for the presence of PFAS?
No. The EPA does not expect new PFAS testing to be conducted to meet the rule's requirements. However, any PFAS test data already on file is in scope and must be reported.
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Complying with the EPA’s new PFAS reporting rule under TSCA Section 8(a)(7) doesn’t have to be complicated. Source Intelligence’s industry-leading platform gathers PFAS data using a standard format so it can be easily aligned with CDX reporting. The benefits of our PFAS solution extend far beyond data gathering capabilities – you will gain supply chain visibility and minimize your business risk, all while reducing internal resource burdens.
Explore our PFAS platform to learn more or schedule a demo with one of our experienced team members.
