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New PFAS reporting requirements under TSCA

March 7, 2024
New PFAS reporting requirements under TSCA

In November 2023, a new provision of the Toxic Substances Control Act (TSCA) went into effect that requires manufacturers to submit one-time reports to the U.S. Environmental Protection Agency (EPA) about the manufacturing, use, disposal, and environmental and health effects pertaining to per- and polyfluoroalkyl substances (PFAS) they have manufactured (or imported) for commercial purposes since January 1, 2011. The aspect of the rule taking many companies by surprise is its scope, which covers manufacturers that may have never before been subject to TSCA regulations.

What to report

The rule applies to PFAS manufacturers (including importers) that manufactured or imported any of more than 1,400 PFAS compounds—even if compounds existed only in trace amounts in products, and even if just one compound was involved.

Manufacturers subject to the rule must submit information about each PFAS compound they manufactured, including its chemical composition, use, and known environmental and health effects, as well as worker exposure to the substance and how it was disposed of. If the EPA has identified requested data elements as duplicative of information already reported under other programs (e.g., TSCA Chemical Data Report), the site will not be required to re-report that information.

When to report

The reports are due on May 8, 2025, but small article importers will have until November 10, 2025. The report submission period will begin six months prior to May 8, 2025, and reports must be submitted to the EPA using the electronic section 8(a)(7) reporting tool via EPA’s Central Data Exchange (CDX). View the reporting instructions.

Need help?

Barr has two decades of experience investigating and characterizing PFAS, including reviewing safety data sheets (SDSs) to identify chemicals that contain PFAS or are suspected to contain PFAS and reviewing identified chemicals for PFAS content. We have also assisted clients with TSCA reporting for two decades, including TSCA Chemical Data Reporting (CDR), which has similarities to TSCA PFAS reporting. We can determine whether the new provision applies to your business and, if it does, help you locate PFAS data and prepare the required reports.

Read more about PFAS and Barr’s involvement in studying, quantifying, and removing these compounds from the environment. Contact us to get started.

About the author

Kim Hand, senior regulatory compliance specialist, has nearly four decades of experience as an environmental, health, and safety (EHS) professional, including nine years in the manufacturing industry. She is considered Barr’s TSCA subject matter expert and has led Barr’s practice group for this regulatory program. Her work encompasses auditing, environmental reporting, permit application/plan preparation, training, and development of chemical management systems. She also provides internal/external TSCA training and assists clients in responding to state and USEPA information requests and notices of violation. Kim assists clients in the fuels, power, mining, manufacturing, and research and development industries, as well as local, state, and federal governments.

Related project

Assessment of PFAS use

A manufacturing client hired Barr to provide a desktop assessment of PFAS use in its operations and the potential impacts. The purpose of the assessment was to provide a snapshot of the facility’s current operations to inform the client on potential risks associated with PFAS. Barr first reviewed the client’s safety data sheet (SDS) database to identify chemicals that contain PFAS or are suspected to contain PFAS and then reviewed identified chemicals for PFAS content. We also reviewed processes at the facility and evaluated the fate of chemicals containing or suspected to contain PFAS. In addition to the desktop assessment, Barr sampled and coordinated the analysis of wastewater and incorporated the results into the assessment. We then prepared a technical memorandum that summarized the results of the SDS review and the potential pathways to the environment for PFAS chemicals, identified potential regulatory triggers, and recommended a path forward.

Tags:

EPA PFAS PFOA PFOS Manufacturing Toxic Substances Control Act TSCA Importing

 

Kim Hand, Senior Regulatory Compliance Specialist
Kim Hand
Senior Regulatory Compliance Specialist
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