🧾 Complying with PFAS Reporting Rules under TSCA Section 8(a)(7)

The United States Environmental Protection Agency (EPA) has finalized wide‑ranging obligations for per‑ and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA).

The rule imposes extensive disclosure and documentation requirements on manufacturers and importers handling PFAS since 2011.

For international suppliers, compliance is essential to ensure lawful market access and minimize environmental risk exposure.

Key Reporting Obligations and Deadlines

All manufacturers, including importers, must report data on PFAS activities between January 1, 2011 and the applicable reporting deadline.

Submission deadlines:

• January 11, 2026 – for standard manufacturers and importers.
• July 11, 2026 – for small manufacturers (as defined in 40 CFR 704.3) importing PFAS solely as articles.

Records must be retained for five years following submission.

⚙️ Reporting Requirements under TSCA Section 8(a)(7)

Each company must disclose all information known or reasonably ascertainable, including:

• PFAS uses and production volumes
• By‑products and disposal routes
• Environmental and human exposure data
• Known or suspected health effects

EPA’s CDX portal offers three forms: the Standard Form, Simplified Article Importer Form, and Simplified R&D Form.

🛡️ The “Known to or Reasonably Ascertainable” Standard

This criterion requires companies to report information that a reasonable person in a similar position should know or control.

Factors include:

• Company size and available resources
• Supplier relationships and communication frequency
• Supplier responsiveness and data availability

New supplier surveys are not mandatory if existing records suffice.

However, all data searches and correspondence must be documented for five years.

📜 Recommended Compliance Workflow

1- Record all U.S. sales volumes from 2011–2022.
2- Verify part numbers and bills of materials for those products.
3- Check whether PFAS conformity statements have been received from suppliers.

• ✅ If yes → report directly through CDX.
• ❌ If no → conduct a material risk assessment.

4- Assess PFAS likelihood based on material families.
5- If risk is medium/high → request PFAS confirmation from suppliers.
6- If suppliers fail to respond → escalate to legal department and retain correspondence for five years.

This structured sequence supports due diligence under EPA’s KRA expectations.

🧪 Mandatory Data Elements

For every PFAS and year, submit to EPA:

• Generic name (if confidential) and CAS/LVE identifier
• Trade name or molecular structure (attachments as needed)
• Industrial process codes (e.g., reactant use, formulation integration, article incorporation)
• Sector codes (IS1–IS29) per EPA’s official list
• Function and product categories (industrial and consumer)
• Concentration ranges in finished products
• Import volumes and measurement units

Providing complete and verified information reduces rejection risk during EPA review.

🧭 Sectors Where PFAS Are Commonly Used

PFAS compounds appear throughout industrial and consumer supply chains due to their exceptional chemical resistance and durability:

• Cookware and Packaging: Non‑stick coatings and grease‑resistant layers.
• Textiles and Carpets: Water‑ and stain‑resistant treatments.
• Waterproof Clothing: Repellency and breathability finishes.
• Firefighting Foams: AFFF solutions in aviation and industrial response.
• Electronics: Surfactants, coolants, and photoresist materials.
• Aerospace and Automotive: Lubricants, sealants, and hydraulic fluids.
• Metal Processing: Wetting agents and mist suppressants.
• Paints and Sealants: Chemical‑ and weather‑resistance additives.
• Cleaning Agents: Specialized removers for oil and grease.

✅ Best Practices for Compliance

• Establish a central PFAS inventory covering U.S. sales since 2011.
• Maintain robust supplier communication and testing records.
• Verify PFAS‑free claims with lab data or conformity declarations.
• Implement a document management system to store EPA submissions for five years.
• Educate procurement and compliance staff on TSCA reporting and KRA expectations.

🤝 How ComplyMarket Can Help

Adhering to the EPA’s PFAS reporting requirements under TSCA Section 8(a)(7) demands coordinated planning, supplier collaboration, and precise documentation.

ComplyMarket supports manufacturers and importers by:

• Interpreting the TSCA Section 8(a)(7) rule and EPA implementation guidance,
• Organizing data collection and chemical testing to verify PFAS presence,
• Preparing EPA submission files and recordkeeping templates, and
• Guiding companies through supplier engagement and due‑diligence processes.

With expert assistance, businesses can achieve complete PFAS reporting compliance by 2026 and sustain long‑term regulatory assurance in the U.S. market.