EPA Amends PFAS Reporting Rule under TSCA

By John Kowalski, regulatory affairs lead, Supply Chain team, UL Solutions

On October 11, 2023, the U.S. Environmental Protection Agency (EPA) published a reporting and recordkeeping rule for Per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). See our Regulatory Update for a summary of that rule.

On September 5, 2024, EPA published a direct final rule to delay the reporting period for the PFAS reporting rule. The reporting period was scheduled to begin on November 12, 2024. But, the direct final rule delays the beginning of the reporting period until July 2025. More specifically, it changes the data submission period to open on July 11, 2025, with corresponding changes to the end of the submission period.

Under the direct final rule, most reporters will be required to complete all reporting by January 11, 2026. However, small businesses that are subject to reporting based solely upon the importation of PFAS-containing articles will have until July 11, 2026 to submit reports. The direct final rule also corrects an error in the original regulatory text pertaining to reports on studies of environmental and health effects. But, there are no other changes to the reporting and recordkeeping requirements in the original rule.

The direct final rule is effective November 4, 2024 without further notice. However, if EPA receives adverse comment by October 7, 2024, it will publish a timely withdrawal in the Federal Register informing the public that the direct final rule will not take effect.

Reference

Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Data Reporting and Recordkeeping Under the Toxic Substances Control Act (TSCA); Change to Submission Period and Technical Correction; 89 Fed. Reg. 72336; September 5, 2024