TSCA PFAS reporting rule: it's time to act

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.