On October 11, 2023, the U.S. Environmental Protection Agency (EPA) published a final rule 40 CFR 705 for reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA) Section 8(a)(7). 

The reporting rule under the Toxic Substances Control Act (TSCA) is a statutory requirement under the FY2020 National Defense Authorization Act (NDAA) that requires all persons that manufacture (including import) or have manufactured per- and polyfluoroalkyl substances (PFAS) in any year since January 1, 2011, to submit information to EPA regarding PFAS uses, production volumes, byproducts, disposal, exposures, and existing information on environmental or health effects. 

Per the finalized rule, PFAS are any chemical substance or mixture containing a chemical substance that structurally contains at least one of the following three sub-structures: 

1. R-(CF₂)-CF(R’)R’’, where both the CF₂ and CF moieties are saturated carbons. 
2. R-CF₂OCF₂-R’, where R and R’ can either be F, O, or saturated carbons. 
3. CF₃C(CF₃)R’R’’, where R’ and R’’ can either be F or saturated carbons. 

EPA has determined that at least 1,462 PFAS that are known to have been made or used in the U.S. since 2011 will be subject to the final rule. 

The information to be reported includes: 

• Company and plant site information 
• Chemical-specific information 
• Categories of use
• Manufactured amounts 
• Byproduct reporting 
• Environmental and health effects 
• Worker exposure data 
• Disposal data 

All information must be submitted electronically, by EPA’s Central Data Exchange(CDX) electronic reporting portal and relevant records must be retained for a period of 5 years beginning on the last day of the submission period. 

The final rule is effective on November 13, 2023. The submission period will begin one year following November 13, 2023, and last for six months: November 12, 2024, through May 8, 2025. But for small article importers, the submission period will begin one year following November 13, 2023, and last for 12 months: November 12, 2024, through November 10, 2025.