On September 5, 2024, the EPA published a final rule in the Federal Register: Due to budget constraints and tight information technology resources, the EPA announced a delay in the reporting submission deadline, but no changes were made to other requirements such as the scope and content of the reports.
Comparison of Reporting Dates Before and After Adjustment
| Original Start Date | Adjusted Start Date | Original End Date | Adjusted End Date | |
| Most PFAS Manufacturers/Importers | 2024.11.12 | 2025.07.11 | 2025.05.12 | 2026.01.11 |
| Small Businesses Only Importing PFAS-containing Articles | 2024.11.12 | 2025.07.11 | 2025.11.12 | 2026.07.11 |
Detailed provisions
1. Definition of PFAS
According to the chemical structure definition provided by the EPA, compounds that meet any of the following structures are required to fulfill PFAS notification obligations:
- R-(CF2)-CF(R’)R", where CF2 and CF are saturated carbons;
- R–CF2OCF2-R’, where R and R’ can be F, O, or saturated carbon;
- CF3C(CF3)R’R", where R’ and R" can be F or saturated carbon.
Companies can refer to the EPA's CompTox Dashboard, a database containing known PFAS, to help users identify whether their chemical substances meet the definition of PFAS.
CompTox official address: https://comptox.epa.gov/dashboard/
2. Definition of Commercial Production
Definition of commercial production: includes all import, production, or manufacturing activities intended for commercial advantage, whether for direct sale or internal use.
By-products and impurities: Even if PFAS are produced as by-products or impurities, they must be reported if generated in a commercial process.
3. Reporting Requirements
- Chemical substance identity: including CAS number (if available), chemical name, structural formula, etc.
- Production volume: the amount of PFAS produced or imported during the reporting period.
- Uses: all uses of PFAS in the manufacturing process, including as reactants, catalysts, additives, etc.
- Handling and release information: the amount and manner of PFAS that may be released into the environment during production, use, or handling.
- Exposure information: the ways and extent to which workers, consumers, and the environment may be exposed to PFAS.
- Health and safety data: existing studies and data on the health and environmental impacts of PFAS.
- Import information: if import is involved, detailed descriptions of the imported items and quantities are required.
4. Report Submission
Submission method: All reports must be submitted electronically through the EPA's Central Data Exchange (CDX) system. Before using the reporting tool to submit PFAS data request information, registration in CDX is required. The EPA website provides relevant guides, including the CDX Registration Guide, which details the CDX registration process (https://cdx.epa.gov/About/UserGuide).
ChemRadar Insights
According to the revised timeline above, the reporting deadlines for PFAS and PFAS-containing products under the US TSCA have been generally postponed by 9 months, providing more buffer time for the relevant companies. For small businesses only importing PFAS-containing items, the additional 6-month buffer period remains unchanged.
The amendment will take effect 60 days after its publication in the Federal Register. However, if there are objections within 30 days of publication, the EPA will promptly issue a withdrawal notice in the Federal Register, stating that the rule will not be implemented. EPA does not expect to receive any objections. Therefore, companies involved in exporting to the US since 2011 will have more ample preparation time to submit their reports to avoid violations.
