EPA Issues PFAS Rule 8(a)(7)

The U.S. Environmental Protection Agency (EPA) has finalized a rule under the Toxic Substances Control Act (TSCA) Section 8(a)(7) requiring comprehensive reporting and recordkeeping for per- and polyfluoroalkyl substances (PFAS).

This rule applies to all manufacturers (including importers) of PFAS or PFAS-containing articles produced or imported since January 1, 2011.

The EPA aims to build a robust dataset to support risk evaluation and management of PFAS — often called “forever chemicals” due to their persistence in the environment.

Reporting Periods

Note: The original reporting timeline, initially set for November 2024, was postponed to July 2025 and is further delayed to begin from April 2026 due to administrative adjustments within the EPA.

Reporting Obligations and Responsibilities:

Reporting obligations apply to any company that has manufactured or imported PFAS or PFAS-containing articles in the U.S. since 2011 — regardless of quantity.

This includes:

Direct manufacturers of PFAS chemicals

a.Importers of articles (e.g., coatings, textiles, automotive parts, electronics) containing PFAS
b.Processors of PFAS who have generated by-products or wastes
c.Small businesses are included but will receive targeted compliance assistance.

Information Required

For each PFAS substance, companies must submit detailed information including:

i. Chemical identity: trade name, CAS number, and molecular structure
ii. Categories of use: current and historical applications
iii. Production volumes: annual and per-use data
iv. By-products and impurities from manufacture or processing
v. Exposure and hazard data (human and environmental)
vi. Disposal methods and changes in waste management practices
vii. Worker exposure estimates — number of individuals, duration, and exposure type

All data will be reported electronically via the EPA CDX system.

Importance:

PFAS are highly persistent, bio-accumulative, and widely detected in human blood and the environment.

The EPA’s new reporting framework will enable the agency to:

a. Identify sources and volumes of PFAS entering U.S. commerce
b. Evaluate potential exposure pathways
c. Prioritize risk evaluations and regulatory actions

For global manufacturers and importers, this U.S. requirement will likely influence PFAS management across international supply chains, driving enhanced traceability and transparency.

Impact on Supply Chain and Global Manufacturers

🏭Importers of PFAS-containing articles must verify whether they qualify as “manufacturers” under TSCA.
🌐Non-U.S. suppliers may receive data requests from their U.S. partners seeking compliance information.
♻️The rule reinforces the global shift toward PFAS phase-outs, substitution strategies, and improved end-of-life controls.
⚠️Failure to report within the defined window could trigger enforcement actions or retrospective data submissions.

Upcoming Amendments (Proposed November 2025)

EPA has proposed refinements to minimize unnecessary or duplicative reporting, suggesting possible exemptions for:

i.PFAS in mixtures or products ≤ 0.1 % concentration
ii.Imported articles with de minimis PFAS content
iii.By-products, impurities, R&D substances, and non-isolated intermediates

The proposal will be open for public comment (45 days) following its publication in the Federal Register.

Clarifications under TSCA Section 8(a)(7) PFAS Reporting Rule

Purpose:

These clarifications aim to simplify compliance, eliminate confusion, and enhance the quality and consistency of PFAS data submitted to EPA.

The Clarifications are related to;

1. Environmental and Health Effects Data

The EPA proposal

📚Broader interpreted “All existing information” (as defined in 40 CFR 705.3) covers any data or study showing a chemical impact on human health or the environment.
💻OECD-Harmonized Templates (OHTs): EPA proposes requiring the OHT format for unpublished study reports, except where exposure data are already captured elsewhere in the reporting system.
🔁Regular Updates to 40 CFR 705.15(f)(1) confirm OHTs are not required for data already reported under sections (b)–(e) and (g)–(h).

Public input: EPA seeks comments on the practicality and reporting burden of the OHT requirement before finalizing the rule.

2. Consumer and Commercial Product Category

a. EPA also plans to update and clarify product category names in 40 CFR 705.15(c)(4) to align with terminology used in the Chemical Data Reporting (CDR) rule.
b. These revisions do not add new reporting burdens but improve accuracy and consistency across submissions.

Key updates:

i. CC217–CC221: Clearer descriptions for construction materials and machinery/equipment categories (wood, non-metal, and metal).
ii. CC303–CC305: Better separation between non-contact packaging, direct-contact consumer articles, and children’s products.

Recommended Next Steps

🧾Conduct a PFAS inventory: Identify all PFAS substances or articles manufactured/imported since 2011.
📊Prepare datasets: Start collecting data on volumes, uses, by-products, exposures, and disposal.
🤝Engage suppliers: Request PFAS composition and traceability data across your supply chain.
🗓️Plan compliance timelines: Align internal milestones with the April–October 2026 reporting window.
📢Monitor rule updates: Track the upcoming EPA amendments and adjust your compliance roadmap accordingly.
🌐Integrate globally: Coordinate PFAS compliance strategies with EU REACH, K-REACH, and other global regulatory frameworks.

a. The TSCA Section 8(a)(7) rule represents a landmark regulatory milestone for PFAS accountability in the U.S.
b. It compels companies to disclose detailed data on PFAS production, use, and disposal — strengthening the EPA’s foundation for future PFAS risk management.
c. Early preparation, data readiness, and cross-functional collaboration will be essential to ensure timely compliance and minimize supply-chain disruption.

References:

i. TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances | US EPA
ii. EPA Document