Important Updates for Manufacturers and Importers

The Environmental Protection Agency (EPA) has recently finalized crucial reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA). This significant development aligns with obligations under TSCA, as amended by the National Defense Authorization Act for Fiscal Year 2020. The new regulations mandate that any person or entity that manufactures (including imports) or has manufactured (including imported) PFAS or PFAS-containing articles since January 1, 2011, must electronically report detailed information regarding PFAS uses, production volumes, disposal, exposures, and hazards.

Key Requirements

Any entities, including small entities, involved in the manufacturing (or importing) of PFAS since 2011 are required to report their data to the EPA through the Central Data Exchange (CDX). The reporting window, once it opens, will remain active for six months, allowing manufacturers sufficient time to compile and submit the necessary data.

Interestingly, small manufacturers, as defined in 40 CFR 704.3, whose reporting obligations stem solely from imported articles, will benefit from an additional six months to report PFAS information to the EPA. This extended timeframe offers these entities a critical buffer to gather and verify the required data, ensuring compliance without undue burden.

Timeline Adjustments

In a recent update, the proposed revision of the submission period would facilitate compliance with the rule and help ensure that the collection includes accurate data on manufactured PFAS in the United States. EPA thus believes the proposed amendments are necessary and does not expect to receive any adverse comments. Therefore, in addition to this notice of proposed rulemaking, in the “Rules and Regulations” section of this issue of the Federal Register, EPA is promulgating the submission period modification and technical correction as a direct final rule. For more information on this proposal, please refer to the direct final rule.

What This Means for Manufacturers

Manufacturers and importers of PFAS should take note of these new requirements and the adjusted timeline. Facilities must obtain and verify the necessary information to determine their applicability under the new regulations. Proactive measures now can help ensure a smooth reporting process once the submission period begins.

Conclusion

The finalized reporting and recordkeeping requirements for PFAS under TSCA represent a significant step in the EPA’s ongoing efforts to manage and mitigate the risks associated with these substances. By adhering to these new regulations, manufacturers and importers can contribute to a safer environment and ensure compliance with federal laws. Stay informed and prepared to meet the July 2025 reporting deadline.

For further information and updates, please visit the EPA’s official website and stay tuned for more details on the reporting process and requirements.