EPA Plans to Postpone Submission Periods Under the TSCA PFAS Reporting Rule

SafeGuardSAutomotive, Electrical & Electronics, Hardgoods, Personal and Protective Equipment, Softlines, Toys and Juvenile Products, Cosmetics and HygieneSeptember 16, 2024

SG 142/24

The US Environmental Protection Agency (EPA) has published a final direct rule which will push back submission periods under the TSCA PFAS Reporting Rule by eight months.

On September 28, 2023, the EPA signed into effect the ‘Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances’ (‘TSCA PFAS Reporting Rule’, SG 133/23). This rule requires businesses who have manufactured or imported PFAS, including PFAS containing articles, for commercial purposes between January 1, 2011, and December 31, 2022, to report designated PFAS compounds to the EPA by established submission periods.

On September 5, 2024, the EPA issued a direct final rule (DFR) to delay reporting time frames under this reporting rule by eight months. Unless the EPA receives adverse comments by October 7, 2024, the DFR will go into effect on November 4, 2024, pushing back submission periods as outlined in Table 1.

	Original submission period under original ‘TSCA PFAS Reporting Rule’	New Submission period suggested under direct final rule issued on September 5, 2024
General	November 12, 2024 - May 8, 2025	July 11, 2025 - January 11, 2026
Small businesses¹	November 12, 2024 - November 10, 2025	July 11, 2025 - July 11, 2026
¹Per the rule, a small business is defined as a manufacturer (including importer) whose total annual sales, when combined with those of its parent company, are less than USD 120 million, and the annual production volume of a chemical substance is less than 100,000 lbs; or a manufacturer (including importer) whose total annual sales, when combined with those of its parent company, are less than USD 12 million.

Table 1

The change is considered necessary by the agency since the reporting application being developed to collect the data will not be fully functional by November 2024.

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