Your Guide to PFAS Reporting Requirements, Part 4: How to Comply

In Part 3 of our PFAS reporting blog series, we reviewed PFAS reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Toxic Substances Control Act (TSCA). Below, we will discuss these requirements in detail.

TSCA Reporting

The TSCA section 8(a)(7) PFAS reporting period was originally slated to begin on July 11, 2025, and end on January 11, 2026. For small manufacturers only reporting as PFAS article importers, the reporting period was to be extended until July 11, 2026.

In an interim final rule released in May 2025, the U.S. Environmental Protection Agency (EPA) pushed back all of these dates by nine months, in order to allow for more time to develop the reporting software. As a result, the PFAS reporting period will now be open from April 13, 2026 to October 13, 2026. The new deadline for the small manufacturers will be April 13, 2027.

Keep in mind that these deadlines are only for PFAS reporting under the TSCA rule.

Under TSCA section 8(a)(7), the following information needs to be reported for PFAS chemicals:

1. The covered common or trade name, chemical identification, and molecular structure of each chemical substance or mixture.
2. Categories or proposed categories of use for each substance or mixture.
3. Total amount of each substance or mixture manufactured or processed, the amounts manufactured or processed for each category of use, and reasonable estimates of the respective proposed amounts.
4. Descriptions of byproducts resulting from the manufacture, processing, use, or disposal of each substance or mixture.
5. All existing information concerning the environmental and health effects of each substance or mixture.
6. The number of individuals exposed, and reasonable estimates on the number of individuals who will be exposed, to each substance or mixture in their places of work and the duration of their exposure.
7. The manner or method of disposal of each substance or mixture and any change in such manner or method.

EPCRA Reporting

Under the EPCRA, if your facility meets all three of the criteria below, it must report each chemical, including Toxics Release Inventory (TRI)-listed PFAS, for which the reporting requirement is triggered:

1. It is in a covered industry sector (e.g., manufacturing, mining, publishers, printers, electric power generation, etc.).
2. The firm employs 10 or more full-time equivalent employees.
3. It manufactures, processes, or otherwise uses a TRI-listed PFAS chemical in quantities above threshold levels in a given year.

If you are unsure if you need to report, the EPA offers multiple screening tools to help.

How Is This Information Reported?

Under both rules, facilities must have an account with the Central Data Exchange (CDX) website to report their data to the EPA using the TRI-ME web reporting tool.

Understanding Who Is Responsible

As with many other rules governing the use of chemicals, compliance with the TSCA can be complicated, especially when considering points like who is defined as an “importer” or who is regarded as a “manufacturer.” Understanding the subtle nuances of these definitions and their applicability in your particular facility can be challenging, but these definitions are what trigger the need for PFAS auditing and reporting. Thus, it is important to be cognizant of which terms apply to your operation and which do not.

Furthermore, mergers, acquisitions, or company closures could impact how and what you must report. Changes to the business conditions of companies may lead to confusion about who is considered the “person who manufactured” the chemical and, thus, is responsible for the reporting under the terms of the Chemical Data Reporting (CDR) component of the TSCA rule. It is also important to note that companies no longer in business must still provide a report to the EPA under the TSCA rule.

Essentially, there are very few exceptions to the TSCA reporting rule. Anyone who manufactured or imported PFAS for “commercial purposes” in any year since 2011 must provide a report. This could include power generators, printers, and manufacturers of packages, makeup, clothing, food, metals, and a long list of other materials. If your company has more than one location that is considered a “site,” you may be required to provide a report for each facility.

Final Thoughts

As the EPA and state-level environmental departments continue to work to understand the scope of PFAS in the environment, we expect rules and reporting requirements to continue to evolve. Organizations that know or suspect that they have PFAS in their supply chain need to monitor updates to the existing regulations and ensure they are in compliance with those that govern them.

This final TSCA rule requires businesses to gather over 10 years of records and conduct a thorough review of their PFAS purchases, products, operations, and waste streams. This can be very complex, so companies should begin this process as soon as possible and seek the help of a third party if needed. Walden is staffed with experienced environmental consultants who can help you complete your PFAS audit and reporting. Contact us at 516-559-6976 to get started today.