Q：My company is based outside of the U.S., and we manufacture PFAS-containing articles that are sold within the U.S. Is it possible for us to report all required information to EPA on behalf of our customers? Does EPA allow the article supplier, who is a manufacturer located outside of the U.S., to report on the PFAS that are imported into the U.S. through their products?

No. Under 40 CFR 705.10, the reporting obligation falls to the “persons who have manufactured” (including imported) the PFAS. It is ultimately the domestic manufacturer’s (including importer’s) responsibility to report appropriately under the rule. Therefore, if your company is not an importer (as defined at 40 CFR 704.3) of the PFAS containing articles, you are not responsible for reporting. As a foreign supplier, your company may provide more detailed information to your customers on any of the requested data to support your customers’ compliance with this rule.

If an article importer does not know the specific chemical identity of the PFAS they have imported and opts not to use the streamlined reporting form at 40 CFR 705.18(a), they may initiate a joint submission under 40 CFR 705.15(b)(1)(iii). Using the longer standard reporting form would allow the foreign manufacturer to supply the chemical identity information.

Attachment

Toxic Substances Control Act (2016 Amendment)