November 21, 2023

Final TSCA Rule on PFAS Reporting and Recordkeeping

On October 11, 2023, EPA finalized a TSCA reporting and recordkeeping rule for per- and polyfluoroalkyl substances (PFAS). [88 FR 70516]. Facilities that have manufactured or imported PFAS from January 1, 2011 through December 31, 2022, must submit certain PFAS information to EPA. [§705.10] Submittal data includes PFAS uses, production volumes, byproducts, disposal, exposures, and all existing information on environmental or health effects. Electronic reporting is required through the Chemical Information Submission System, accessible via EPA’s Central Data Exchange. Environmental and health effects must also be submitted using the Organization for Economic Cooperation and Development harmonized templates for reporting chemical test summaries. [§705.15(f)]

Affected facilities are those that manufacture PFAS, defined in 15 U.S.C 2602(9) [TSCA Section 3(9)], and include construction, manufacturing, wholesale and retail trade, and waste management services. Reporting is not required when importing municipal solid waste streams for waste disposal or destruction, nor is it required for a federal agency that imports PFAS when it is not for any commercial advantage. [§705.12] Small manufacturers whose reporting requirements will be exclusively from imports will have 24 months from the rule’s effective date to report PFAS information to EPA. The agency held a small business advocacy review (SBAR) panel on this rule to serve as a resource for these small entities. All other affected facilities will have 18 months after the effective date to report PFAS information.

Under this rule, EPA determined a three-part structural definition of PFAS was more appropriate than listing specific chemicals. The structural definition includes chemicals with carbon-fluoride chains, certain branched fluorinated carbon compounds, and fluorinated ethers. [§705.3] Lightly fluorinated substances, molecules containing only unconnected CF₂ or CF₃ moieties, are excluded from this definition. [88 FR 70518] Despite this, the agency recognizes even lightly fluorinated chemicals can be environmentally persistent. Manufacturers of substances that do not meet the structural definition of PFAS are not subject to the reporting requirements.

This rule became effective November 13, 2023, and more information is available on EPA’s rule summary page and Docket ID No. EPA-HQ-OPPT-2020-0549.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.