TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for PFAS “Final Rule” – UPDATED
November 2023 Update
On November 6th, the EPA published TSCA Section 8(a)(7) Rule List of Chemicals regarding the reporting and recordkeeping requirements.
The EPA defines PFAS to include at least one of these three structures:
- R-(CF2)-CF(R’)R”, where both the CF2 and CF moieties are saturated carbons;
- R-CF2OCF2-R’, where R and R’ can either be F, O, or saturated carbons.
- CF3C(CF3)R’R’’, where R’ and R” can either be F or saturated carbons.
A list of chemical substances that meet the structural definition of PFAS, as defined by this rule, is available on the EPA Comptox Chemicals Dashboard. This list includes chemical substances from both the TSCA Inventory and Low-Volume Exemption submissions.
The Environmental Protection Agency (EPA) finalized reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) data, to protect communities from these forever chemicals.
The EPA will require anyone who has manufactured or imported PFAS or PFAS-containing articles since January 1, 2011, to report electronically on PFAS uses, production volumes, disposal, exposures, and hazards. Manufacturers will have 18 months to report PFAS data to the EPA. Small Manufacturers, however, could have 24 months, depending on their reporting obligations.
The EPA maintains a list of all chemical substances manufactured, processed, or imported in the United States called the TSCA Chemical Substance Inventory. This list includes over 1,460 PFASs. This new ruling enables EPA to better characterize the sources and quantities of manufactured PFAS in the United States.
How This Impacts Manufacturers
This new ruling enables the EPA to better gather actionable data on ‘forever chemicals’. By collecting this new data, the EPA, as well as state and local governments, can enact new policies and regulations that may impact manufacturers that have products containing PFAS articles.