TSCA PFAS reporting rule: it's time to act

Update: The United States Environmental Protection Agency has proposed an extension, which we anticipate will be finalized on November 4, 2024. Check back for updates on the extension, with reporting expected to begin in July 2025 with a deadline of January 2026.

It's time to act now

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USEPA finalized reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA).
The rule requires one-time reporting of PFAS use by US companies that manufactured – or imported to the US – products subject to USEPA’s TSCA authority, containing any of a broadly defined group of PFAS (including polymers), between 2011 and 2022.
There are no exemptions for low-level or small amounts of PFAS use. Exemptions are provided only for PFAS uses regulated by other agencies/programs (e.g., cosmetics, pesticides, food additives, drugs, medical devices).
The reporting deadline for most importers and manufacturers is May 8, 2025, and the effort involved in compiling the required information means it is time to act now.
May 2025 blue desk calendar on yellow cover background. New month concept.

PFAS reporting rule planner

Ramboll has developed the planner below to provide general guidance about workflow and timing to meet regulatory deadlines.
What makes this rule a challenge?
  • Companies must provide information covering more than a decade, between 2011-2022.
  • The expansive scope covers the importation of products as diverse as cookware, car wax, and electronic equipment, in addition to PFAS manufacturing and use as industrial intermediates.
  • Identifying PFAS content and getting the information needed to compute inputs required by USEPA can become protracted with multitier overseas supply chains.
  • There is no exemption for small amounts of use, unintended manufacture, or low levels of content in products.
  • The structure-based PFAS definition that applies to this rule means there is no definitive listing coming from USEPA, and potential reporters must interpret whether component substances meet the structural definition.
Below you’ll find workflow elements to help with timing to comply with TSCA requirements.
PFAS reporting: steps to compliance
1. Create a compliance plan and allocate resources
Start by inventorying the chemical substances or articles manufactured or imported in your portfolio that are likely to include PFAS and follow up with a look back at past product lines to 2011. The universe of products and components will enable you to determine the resources needed for inquiries and reporting and to create a plan for meeting rule obligations and information management.
2. Review manufactured or imported product/article ingredients
For chemical substances, identify ingredients, intermediates, and potential byproducts that could contain PFAS. The rule specifies that PFAS byproducts are included in reporting. For articles, identify materials or components that commonly incorporate PFAS and bills of materials or other documentation to initially characterize composition. Use an initial triage ranking system to rank priorities and assign resources: 1) Expected/known to have PFAS; 2) Potential PFAS ingredients; and 3) Unlikely to have PFAS.
3. Obtain information from supply chains
Be prepared for this step to be lengthy and iterative. The rule specifies a criterion of information “known or reasonably ascertainable” to a manufacturer/importer’s organization as the basis for required reporting. Information requests to suppliers and sub-suppliers should be developed and communicated in ways that document achieving this standard. Information management tools patterned after the format of USEPA’s reporting portal will be helpful for determining milestones and making usage calculations.
4. Make calculations and compile reportable information
The rule specifies information on PFAS identity, concentration, usage amounts, and other details for reporting. Since reporting is organized around the usage of individual PFAS by a facility, the amounts from various products/articles must be calculated by relevant facility.
5. Submit information
USEPA will open an online portal for submissions around November 12, 2024. This will be built on its existing system for reporting other chemical usage (CDX – Central Data Exchange). Submissions can be made by facility or for a company overall, and third-party agents can enter information on behalf of reporting entities. There is a streamlined reporting option for article importers and research and development (R&D) substances manufactured below 10 kilograms per year. The reporting deadline for most organizations is May 8, 2025.
Am I eligible for the small entity extended deadline?
Importantly, it is the size of the reporting entity that is relevant to the extended deadline; and there are no exemptions or extensions relating to small amounts of usage or low levels of PFAS in products or articles. Also, the extended deadline for small entities only applies to article importers, not to manufacturers or importers of chemical substances that include PFAS.
The table below can help guide whether your organization’s circumstances can be eligible for the extended small entity deadline.

Resources

Our PFAS experience
Ramboll is already helping product stewardship teams navigate the timeline and obligations of PFAS reporting and supply chain outreach. Contact us for help.
Our multidisciplinary expertise and global reach have been instrumental in assisting clients in reducing a wide range of risks and liabilities related to product stewardship and substitution of PFAS, regulatory compliance, site remediation and source controls, and transactional due diligence.
Learn more about our expert solutions to PFAS challenges
  • : 25 years of experience
    We help clients resolve their most challenging manufacturing and product safety and stewardship issues relating to PFAS.
  • : 500+ sites worldwide
    Ramboll has experts working on PFAS issues around the world.
  • : 125+ PFAS experts
    Ramboll has experts working on PFAS issues around the world.

Want to know more?

  • Robert DeMott

    Principal

    +1 813-397-4706

    Robert DeMott

  • Ashish Deshmukh

    Principal, Product Safety and Stewardship

    +1 614-323-8407

    Ashish Deshmukh