EPA's Mandatory PFAS Reporting Rule Under TSCA Includes Thousands Of Products, No Exemptions For Impurities Or Imported Articles

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS). Generally, the reporting requirement applies if you have manufactured or imported PFAS for a commercial purpose in any year since January 1, 2011, alone or in any type of industrial or consumer product subject to EPA's authority.

Reports are due 18 months following the effective date of this rule, except for small importers of items that qualify as "articles,"¹ whose reports are due 24 months from the effective date of this rule. The pre-publication version is available here, but the final rule is not effective until it is published in the Federal Register in the coming weeks.