TSCA PFAS Section 8(a)(7) reporting readiness

Anyone who manufactured (including imported) any PFAS, or any article containing PFAS, for any commercial purpose between January 1, 2011 and December 31, 2022 must report. The PFAS definition is structural — any substance with at least one fully fluorinated carbon meeting the definition at 40 CFR 705.3 — and currently captures ~1,462 substances on EPA's published list plus any other substance meeting the structural definition. Articles in scope: imported finished goods, components, packaging, lubricants, coatings, sealing tape, semiconductor wafers, textiles, cookware, medical devices, fluoropolymers. No de minimis, no volume threshold, no R&D exemption beyond the narrow research-and-development carve-out at §705.10.

For each PFAS and each reporting year (2011-2022), report: chemical identity (CASRN, EPA accession, or structural identifier for confidential/UVCB substances), categories of use (industrial processing, commercial product, consumer product, article import), production volumes by year, byproducts, environmental and health effects data 'known or reasonably ascertainable' (the §8(a) standard — diligent inquiry inside the company plus available external sources), worker exposure data, and disposal methods. Joint submissions are allowed: a supplier can submit identity/effects data confidentially with EPA and let downstream filers reference it by joint-submission number. Small manufacturer exemptions are narrow — only article importers below $12M annual revenue with PFAS-containing articles get a 6-month deadline extension, not a substantive exemption.

Reporting window: July 11, 2025 to October 13, 2026 (April 13, 2027 for the small-article-importer subset). 'Known or reasonably ascertainable' is the §8(a) diligence standard — file knowledge of corporate management, technical staff, document control, plus reasonable inquiry of suppliers and review of publicly available information. It is not a forensic reconstruction obligation, but a thin file ('we asked once, supplier didn't reply') will not survive EPA challenge. Penalties under TSCA §16 are up to ~$53,000 per violation per day (adjusted annually for inflation), with each PFAS-year combination treated as a separate violation.

Confidentiality claims must be substantiated under TSCA §14 (specific harm-from-disclosure justification, signed certification, redacted-and-unredacted versions). Generic 'confidential' claims fail. Joint submissions reduce burden: the primary submitter (often the PFAS manufacturer) files identity, effects, and exposure data; downstream importers reference the joint-submission number and only file their own production volumes and use categories. Cross-reference does not extinguish the importer's filing obligation — the importer still files a §705 submission, but with reduced content.

Days 1–20: scope determination (purchase, customs, R&D, and article-import records 2011-2022); PFAS-substance screen against EPA list and structural definition. Days 21–60: supplier outreach campaign for joint-submission numbers and §14 CBI alignment; gap-fill from SDS, technical data sheets, public literature. Days 61–90: per-year, per-substance reporting matrix build; internal review for 'known or reasonably ascertainable' completeness. Days 91–105: CDX/CISS account, registration, draft submissions. Days 106–120: senior management review, CBI substantiation, file via CDX before October 13, 2026.