EPA’s Proposed TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances

On June 28, 2021, EPA proposed reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFAS) under the Toxic Substance Control Act (TSCA).  As a result of a recent 2019 amendment to TSCA under section 8(a)(7), the agency is proposing to require any person who manufactures or has manufactured PFAS chemical substances since January 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards. The proposed rule would also apply to importers of PFAS chemical substances and of articles containing PFAS chemical substances.

The proposed rule does not include an exemption for small manufacturers because unlike section 8(a)(1), which provides a specific exemption for small manufacturers and processors from reporting and recordkeeping requirements for chemical substances, section 8(a)(7) does not specify an exemption for small manufacturers from reporting and recordkeeping for PFAS chemical substances.

Comments are due on August 27, 2021.

Read the proposal and submit comments here.

Advocacy contact: Tabby Zeb at (202) 205-6790 or email at tayyaba.zeb@sba.gov.