Background on TSCA Reporting Requirements

The U.S. Environmental Protection Agency (EPA) is extending the reporting deadline under the Toxic Substances Control Act (TSCA) Section 8(a)(7) for per- and polyfluoroalkyl substances (PFAS). Initially set to begin on November 12, 2024, and conclude by May 8, 2025, the new deadline is now January 11, 2026. The reporting tool will open for submissions on July 11, 2025.

The Direct Final Rule

In a combined Direct Final Rule and Proposed Rule published in the Federal Register on September 5, 2024, the EPA acknowledged the complexity and unforeseen circumstances of the data submission process. The agency's decision comes in response to widespread concerns from product importers who have struggled to navigate the extensive reporting requirements.

Implementation Timeline

The Direct Final Rule will become effective on November 4, 2024, unless the EPA receives adverse comments during the comment period, which closed on October 7, 2024. If negative feedback is received, the agency will proceed with the Proposed Rule to finalize the reporting process.

Impact on Importers

This extension reflects the EPA's commitment to facilitating a thorough and effective reporting process for PFAS, allowing importers additional time to meet the intricate requirements outlined in the one-time reporting rule finalized on October 11, 2023.

Ref: https://www.federalregister.gov/documents/2024/09/05/2024-19931/perfluoroalkyl-and-polyfluoroalkyl-substances-pfas-data-reporting-and-recordkeeping-under-the-toxic