16 Oct 2023

On October 11, 2023, the Environmental Protection Agency (EPA) took a significant step by publishing the long-anticipated final rule on reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). This vital rule, initially introduced as a draft in June 2021, was mandated by the National Defense Authorization Act (NDAA) back in 2019. It establishes a comprehensive framework for the submission of PFAS manufacturing and importing data, encompassing the period from 2011 onward, even including PFAS integrated into imported articles.

The EPA’s initiative is a proactive effort to curb the escalating levels of PFAS entering our air, water, and land. The PFAS reporting rule under the Toxic Substances Control Act (TSCA) Section 8(a)(7) is one of the pivotal measures. This rule applies to anyone who has been involved in the “manufacturing” of PFAS since January 1, 2011. Manufacturers and importers of PFAS into U.S. territory are mandated to provide comprehensive data within 18 months, with the deadline set for May 8, 2025. Notably, the rule encompasses articles or imported articles containing PFAS, even if PFAS is present as part of surface coatings. This regulatory reach extends to distributors and contract manufacturers importing materials containing PFAS.

To encourage compliance, the EPA advises manufacturers to maintain meticulous records of their activities as evidence of due diligence. Moreover, companies are encouraged to retain supplier declarations asserting the absence of PFAS in their products, which could exempt them from reporting. It’s noteworthy that a majority of U.S. states—forty-six to be exact—have either enacted or proposed PFAS legislation, often featuring restrictions or reporting obligations.

The EPA’s dedicated portal for PFAS reporting is scheduled to open on November 12, 2024, with submissions due by May 8, 2025. Small manufacturers, as defined within the regulation, may be granted an additional six months for reporting. Notable changes in the final rule include a slightly broader definition of “PFAS,” an extended timeframe for data collection and reporting (from 12 to 18 months), and revised criteria for reportable data. The option for joint submissions with suppliers has also been introduced.

At Compliance XL, we stand ready to assist companies with PFAS compliance. We offer comprehensive consulting services and facilitate the collection of PFAS declarations. Furthermore, we aid our clients in maintaining up-to-date certificates and declarations from their suppliers, ensuring a robust compliance data management strategy.

Learn more about our PFAS compliance services. The EPA’s rule is more than just a regulatory requirement; it’s a vital step toward addressing PFAS and safeguarding our environment.


1.  Who are exempted from report obligations under TSCA 8(a)(7)?

  • Companies that have not “manufactured” PFAS since 2011
  • Importers of municipal solid waste streams for the purpose of disposal or destruction of the waste
  • A federal agency that imports PFAS

2. What is the change in the timeframe for reporting as per final rule of EPA?

Timeframe has been expanded from 12 months to 18 months.