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Regulatory Updates

EPA Proposed PFAS Reporting Requirement

Robert Hanley | July 29, 2021

On June 28th, a proposed United States Environmental Protection Agency (EPA) rule requiring Per-and Polyfluoroalkyl Substances (PFAS) reporting was published in the Federal Register. If finalized, this rule, prepared under the authority of section 8 8(a)(7) of the federal Toxic Substance Control Act (TSCA), will require manufacturers and importers to electronically report information on PFAS. The rule would apply to large and small companies that have manufactured or imported any amount of PFAS, including PFAS that are ingredients in a chemical mixture, those that are present in manufactured or imported articles, or that manufacture PFAS as a byproduct of another process since January 1, 2011. The EPA will be accepting comments on the rule through September 27, 2021, and though it might be altered, according to the proposed rule, at least 1,364 individual PFAS chemicals will be subject to the EPAreporting rule.

A company will be required to report if information on PFAS is, “…known to or reasonably ascertainable by…” the manufacturer or importer.

  • Known means information that a company possesses, such as Safety Data Sheets or technical data sheets, and information that a person in a similar situation might “…be expected to possess, control, or know.”
  • Reasonably ascertainable includes information that might reside outside of the organization, such as trade association publications or information in the public domain.

Manufacturers and importers have an obligation under the proposed rule to examine information within their entire organization, and to review information outside of their organization.

Information to be reported includes:

  • chemical identification information, e.g. CAS RN, or trade name,
  • chemical properties,
  • industrial and processing use and volumes,
  • worker exposure,
  • environmental release data, and
  • human health and environmental effects data and studies.

As proposed, the rule requires an affected company to report PFAS manufacturing or importing PFAS in any amount since January 1, 2011. The six-month submission period will begin six months after the effective date of the rule, giving affected companies a full calendar year to gather and report data. Information will be reported through the US EPA’s Central Data Exchange and will use a platform similar to the current Chemical Data Reporting application.

What do you need to do?

Submit or support submission of comments to the EPA

The comment period for this rule is open through September 27, 2021 and may be made electronically using the federal eRulemaking Portal ( and referencing Docket ID Number EPA–HQ–OPPT–2020–0549. EPA is seeking comments on:

  • The scope of PFAS for which information is requested, which includes PFAS on the TSCA public inventory, PFAS subject to EPA Low Volume Exemptions, and PFAS for which the manufacturer has asserted confidentiality over the chemical information.
  • Economic burden for compliance, especially to small businesses.
  • The length of the submission period.
  • The extent to which a submitter should provide environmental and health effects information.
  • Data elements for which information must be reported.
  • Joint submissions, where a supplier maintains that PFAS information is confidential such that an importer may not be able to fulfil their reporting obligations.

Keep informed

TRC will announce when the final rule is issued, and can help gather the information required, document your reporting obligations, and prepare and submit reports.

Please contact me at for more information.

Robert W. Hanley

Robert Hanley is a Senior Consultant at TRC, supporting transaction due diligence environmental and compliance assessments, and multimedia environmental compliance audits. He has a deep understanding of Toxic Substances Control Act requirements for chemical data reporting, new chemical Pre-Manufacture Notifications, and TSCA significant new use rules and notification requirements. His auditing experience includes specialized knowledge of RCRA and Toxic Substances and Control Act (TSCA) reporting and record keeping requirements. He also provides short-term, on-site environmental management support. Dr. Hanley holds a Ph.D degree in Biology from the University of Alabama, with a specialization in environmental engineering. Contact Rob at

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