CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

USA: EPA delays TSCA PFAS reporting deadlines

SEPTEMBER 2024 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

The U.S. Environmental Protection Agency (EPA) published a direct final rule¹ to delay the reporting period of per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). The original reporting period was planned to begin on 12 November 2024 and is now postponed until 11 July 2025 due to resource constraints. 

Back in 2023, we reported² that companies that manufacture or import for each PFAS, for each year since 1 January 2011 are obliged to submit information to EPA. This rule is also applicable to companies importing articles containing any amount of PFAS. 

EPA is working on the software application to collect PFAS data. However, the system will not be ready by the original November 2024 reporting period opening date. Hence, the latest direct final rule would change the data submission period to open on 11 July 2025. Most companies would be required to complete all reporting by 11 January 2026. Small businesses reporting data solely on importing PFAS contained in articles will have until 11 July 2026, to submit reports.

To assist compliance with the reporting rules, EPA has several publications available including instruction for Reporting³, FAQ⁴, and small entity compliance guidance⁵. In the upcoming months, EPA will release a new guidance website on the TSCA guidance database and other online reporting resources to assist stakeholders. 

[1] Federal Register

[2] TUV SUD Essentials volume 8, 2023

[3] Instruction for Reporting PFAS Under TSCA Section 8(a)(7)

[4] TSCA Section 8(a)(7) Rule: Reporting and Recordkeeping requirements for PFAS: FAQ

[5] Small Entity Compliance Guidance for the TSCA PFAS Data Call

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