US TSCA PFAS reporting rule is effective now! Are you ready?

On October 11, 2023, the US Environmental Protection Agency (USEPA) published the final Toxic Substances Control Act (TSCA) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). The effective date for this one-time reporting rule is November 13, 2023, and most manufacturers (including importers) have 18 months to collect the required data which must be submitted to USEPA between November 12, 2024, and May 8, 2025. Small manufacturers who are also exclusively “article importers” are allowed an additional six months to submit their reports.

This rule applies to you if you have manufactured PFAS for a commercial purpose anytime during the 12-calendar year period between January 1, 2011, and December 31, 2022. This includes importing a PFAS into the Customs territory of the US, whether on its own, in a mixture, or incorporated into an article (such as part of surface coatings). Also included is coincidental manufacture of PFAS as byproducts or impurities.

There are no de minimis exemptions for companies that manufacture or import small amounts, or manufacture or import for research & development use only.

Potentially affected entities may include companies in the following industries, among others:

• Construction (NAICS code 23)
• Manufacturing (NAICS code 31 through 33)
• Wholesale trade (NAICS code 42)
• Retail trade (NAICS code 44 through 45)
• Waste management and remediation services (NAICS code 562)

USEPA has identified at least 1,462 chemical substances and mixtures subject to this rule that are drawn from the TSCA Inventory, those covered under Low Volume Exemption (LVE) notices, and those listed on USEPA’s CompTox Chemicals Dashboard. In general, substances within the scope of reporting are those that meet one of three structural definitions provided by USEPA, rather than those on a specific substance list.

Fluoropolymers that meet the rule’s definition are also subject to the rule. However, submitters are not required to resubmit information that was previously submitted to USEPA for a particular PFAS in the same year through the Chemical Data Reporting (CDR) Rule, Toxics Release Inventory (TRI), Greenhouse Gas Reporting Program (GHGRP), or TSCA Sections 8(d) and 8(e) submissions.

This rule requires reporting of information “known to or reasonably ascertainable by” the submitter, which may also require inquiries outside the organization to fill gaps in knowledge. USEPA is encouraging manufacturers to document their activities to provide evidence of due diligence and documentation for their conclusions about presence or absence of PFAS.

The information required to be reported for each chemical substance or mixture includes:

• Chemical identity, and categories or proposed categories of use.
• Total amount manufactured or processed for each use category.
• Descriptions of byproducts.
• All existing information concerning the environmental and health effects.
• Number of individuals exposed and the durations of their exposure.
• The manner or method of disposal.

The above information is required for each calendar year from 2011 to 2022.

There is a streamlined reporting option for article importers and R&D substances manufactured below 10 kilograms. All reports must be submitted through USEPA’s Central Data Exchange (CDX) portal and records must be retained for five years.

For more than two decades, Ramboll has helped clients around the world resolve their most critical PFAS issues.

Our multi-disciplinary expertise and experience has been instrumental in assisting clients in reducing a wide range of risks and liabilities related to PFAS source treatment and control, drinking water supplies, stormwater discharges, wastewater treatments, site remediation, product safety and stewardship, health sciences, regulatory compliance, and environmental due diligence.

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