The USEPA’s Toxic Substances Control Act (TSCA) reporting and recordkeeping rule for per- and polyfluoroalkyl substances (PFAS) requires PFAS manufacturers and importers to report information related to chemical identity and structure, production, use, byproducts, exposure, disposal and health and environmental effects. The rule originally had an 18-month compliance timeline starting on the effective date of November 12, 2023. EPA has issued another extension for reporting with a new deadline of October 13, 2026.
This delay serves two purposes:
- EPA requires more time to program and beta test the reporting application.
- EPA is considering modifications to the PFAS Reporting Rule and this delay allows time for public comment and final rule approval before April 2026. EPA has indicated that they are evaluating changes to the small manufacturer and article importer portions of the rule.
Despite the extension, it is important to start due diligence now, to document what is reportable and implement a strategy for demonstrating compliance.
Applicability
For the PFAS Reporting Rule, USEPA leveraged the existing TSCA definition for manufacturers (and importers). Therefore, this rule applies to the following entities:
- “Manufacture for commercial purposes” includes the import, production, or manufacturing of a chemical substance or mixture containing a chemical substance with the purpose of obtaining an immediate or eventual commercial advantage for the manufacturer (i.e., for profit)
- Manufacture of chemical substances or mixtures for commercial distribution, including test marketing, or for use by the manufacturer itself as an intermediate or for product research and development
- Coincidental manufacture of byproducts and impurities that are produced during the manufacture, processing, use, or disposal of another chemical substance or mixture
Note: USEPA added that “importers of articles containing PFAS are considered PFAS manufacturers.” Article importers add a large universe of reporting entities to this program, and EPA has indicated that a revision is forthcoming to reduce this reporting burden.
Rather than providing a list of PFAS chemicals subject to reporting, USEPA elected to use a structural definition approach for PFAS with respect to the Reporting Rule. The structures are described in detail in the Federal Register. The three structures represent persistent organofluoro compounds, fluorinated ethers, and branched highly fluorinated substances. While USEPA listed 1,462 chemical substances in commerce as examples, other sources have described more than 12,000 compounds that meet the structural definition. Lastly, USEPA widened the reporting of applicable chemicals further by including fluoropolymers in this Rule. The inclusion of fluoropolymers is important as they are potentially prevalent in many types of imported articles, like gaskets, tubing, o-rings, electrical wiring, and membranes, and therefore, may affect many industries such as automotive, aerospace, electronics, and manufacturing equipment.
Timeline
TSCA PFAS Reporting rule originally proposed an 18-month timeline from the November 13, 2023 effective date until the reporting period ended on USEPA’s Central Data Exchange (CDX) portal. The May 13 interim final rule will extend the reporting period start by yet another ten months, establishing a reporting closeout date for most reporters of October 13, 2026. This graphic shows the updated dates:
Reporting
The reporting methodology will largely follow the TSCA Chemical Data Reporting (CDR) format in CDX.
- There are no de minimis thresholds for PFAS chemicals that meet the structural definitions included in the Rule
- There are few exceptions (e.g., the rule has one for municipal solid waste)
The PFAS Reporting rule requires a look back at the manufacturing/importing from 1/1/2011 to 12/31/2022 (12 years). For chemical suppliers claiming Confidential Business Information (CBI), the importer can use a “joint submission” – the importer completes most of the form, and the foreign supplier can complete the chemical identity CBI.
The “Known or Reasonably Ascertainable” reporting standard, similar to TSCA CDR, applies to this rule:
- All information in a person’s possession or control, plus
- All information that a reasonable person similarly situated might be expected to possess, control, or know.
What Do Manufacturers and Importers Need to Do Now?
As PFAS reporting and recordkeeping increases, organizations must continue to evaluate not only the actions spelled out by requirements, but also manage the messaging and identify and manage short- and long-term risks moving forward.
- Watch for and comment on the proposed changes to the TSCA PFAS Reporting Rule around small manufacturers and article importers. Reporting for imported articles pulled in a wide range of companies to this rule, and reduction or even removal of imported article from the scope of reporting affects your EHS plan and budget.
- Continue to conduct due diligence if your company manufactures PFAS domestically, potentially produces PFAS by-products in manufacturing or facilities processes, or imports chemicals that may contain PFAS – including liquids and powders.
- Evaluate your TSCA PFAS Reporting project in terms of budget cycle and timing. Your due diligence and reporting project activities need to align with your budget cycle. Make sure your funding is in place for early next year and right-size it once the rule is finalized.
TRC Can Help
Planning today will provide valuable time to review chemicals, suppliers, and the best strategy to address this USEPA requirement. For over 50 years, TRC has built teams of nationally recognized experts, including PFAS and TSCA CDX reporting, to support a wide range of industry sectors with chemical management challenges.
We have been actively tracking the development of all EPA PFAS-related rulemakings, through our central role in the development of the Interstate Technology and Regulatory Council (ITRC) PFAS content and by providing updates for industry associations and conferences. Reach out to TRC’s National Service Leader for Chemical Management and Reporting Services Mark Robinson or your TRC project manager for assistance with this or upcoming TSCA and PFAS-related reporting obligations.
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The report identifies the key players in the U.S. environmental & sustainability (E&S) consulting market by E&S consulting revenue. WINDSOR, Conn. TRC Companies, Inc. (TRC), a global professional services firm providing integrated strategy, consulting, engineering and applied technologies in support of the energy transition, ranked #6 in Environment Analyst’s U.S. Environmental & Sustainability Consulting Market Assessment. The report, researched and curated by Environment Analyst, provides critical insights into market dynamics, industry rankings, revenue breakdowns, M&A activity and forecasted growth. “Earning the #6 spot reflects TRC’s commitment to creating new pathways for our clients to thrive in a rapidly changing environment,” said Christopher Vincze, Chairman and CEO of TRC. “It’s an honor for our team and a testament to the impact we can have as we make the Earth a better place to live.” The report is based on data from 27 leading U.S. E&S consulting firms that account for 80 percent of the total U.S. market, with a combined revenue of $18.9bn in 2023. The data featured in the report for the U.S. top 27 leading companies is based on figures for their financial year ending in 2023 (2024 for the companies with FY ending in March). About TRC Companies TRC stands for adaptability. With direction setting perspectives and partnerships, our 8,000+ tested practitioners in advisory, consulting, construction, engineering and management services deliver unique resolutions that answer any built or natural imperative. By creating new pathways for the world to thrive, we help our clients adapt to change and achieve long-lasting results while solving the challenges of making the Earth a better place to live — community by community and project by project. TRC is ranked #17 on ENR’s list of the Top 500 Design Firms, #5 for Power and #3 for Transmission & Distribution. Learn more at TRCcompanies.com and follow us on LinkedIn.
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That has made our air cleaner and our families healthier.” In 1993, Gladstein founded Gladstein, Neandross & Associates (GNA), then known as Gladstein & Associates (G&A), to accelerate the deployment of low- and zero-emission vehicles, ultra-low carbon fuels, and infrastructure for commercial transportation. That work continues at TRC, where Gladstein’s team has managed more clean fleet deployment projects than any other firm in North America, facilitated the development of some of the world’s largest alternative fuel corridors, and secured more than $2 billion in grants and funding for clean transportation projects. The team has also created leading educational conferences to help fleets and stakeholders navigate the transition to sustainable transportation solutions. Gladstein’s key career milestones include: Served as the principal consultant on the drafting of the first Clean Air Plan for the City of Los Angeles in the early 1990s. Created the Interstate Clean Transportation Corridor (ICTC) project in the mid-1990s to promote use of clean alternative fuels in goods movement, which led to the deployment of clean natural gas and electric trucks—reducing diesel fuel use by billions of gallons. Worked directly with Carl Moyer on the development of the ICTC. Moyer, among the first scientists to advocate for replacing diesel trucks as a policy priority, coined the phrase that inspired Gladstein’s decades-long work: “It’s the trucks, stupid.” Oversaw clean truck project deployments, starting with funding for 25 LNG gas trucks and an LNG fueling station at Harris Ranch—the first of thousands of low- and zero-emission trucks and hundreds of fueling and charging stations. Helped lead the passage of legislation establishing the Texas Emission Reduction Plan (TERP), perhaps second only to California in investing in heavy-duty emission reduction deployment projects. 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Led the creation of the conferences Renewable Gas 360, Rethink Methane, and the California Hydrogen Leadership Summit—events focused on educating Sacramento policymakers on the important role of renewable gases and hydrogen in California’s clean energy future. “I am deeply honored to receive the Breath of Life Award from Breathe Southern California,” said Cliff Gladstein. “This recognition underscores the collective efforts of our TRC team and our commitment to advancing clean fuels and transportation technologies. We are making significant strides in improving air quality and promoting sustainable energy solutions, and I am proud to be part of this transformative journey.” Gladstein holds a BA in both Public Policy and Religion (Duke University), a master’s in Middle Eastern Studies (University of Texas at Austin), a master’s in political science (UCLA), and a master’s in urban planning (UCLA). Throughout his career, Gladstein has served as: Chairman of the board for both Heal the Bay and the Coalition for Clean Air President of the California League of Conservation Voters Education Fund Vice president of the California League of Conservation Voters Advisor to the USC Sustainable Cities Program Advisor to the Duke University Nicholas Institute for Environmental Policy Solutions Lecturer at UCLA’s Institute for Environment and Sustainability, where he taught Leadership in Air Quality Policy for seven years Breathe Southern California is a nonprofit organization dedicated to improving lung health and advancing clean air initiatives across the region. The organization promotes education, early diagnosis, and support for individuals with respiratory conditions—while also advocating for clean technologies, sustainable energy solutions, and public policies that reduce air pollution and fight climate change. Each year, Breathe Southern California presents its Breath of Life Award to honor individuals whose leadership has significantly contributed to cleaner air and healthier communities. About TRC Companies TRC stands for adaptability. With direction setting perspectives and partnerships, our 8,000+ tested practitioners in advisory, consulting, construction, engineering and management services deliver unique resolutions that answer any built or natural imperative. By creating new pathways for the world to thrive, we help our clients adapt to change and achieve long-lasting results while solving the challenges of making the Earth a better place to live — community by community and project by project. TRC is ranked #17 on ENR’s list of the Top 500 Design Firms, #5 for Power and #3 for Transmission & Distribution. Learn more at TRCcompanies.com and follow us on LinkedIn.
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In the past few years, an increase in Listeria and E. coli outbreaks have occurred due to consumption of various contaminated foods, such as deli meat, frozen waffles, lettuce and carrots. Listeria and E. coli infections are primarily transmitted through contaminated food, with food processing environments frequently identified as the origin of these pathogens. While Listeria (listeriosis) and E. coli infections can affect healthy individuals, they pose the greatest risk to children under four weeks old, pregnant women, elderly populations and immunocompromised individuals. Although these pathogens disproportionately affect vulnerable populations, their broader public health impact remains a challenge and is reflected in outbreak frequency and mortality patterns. In 2024, CDC surveillance data revealed that among 1,355 foodborne disease outbreaks, Salmonella accounted for 74.5% (1,010 cases), followed by E. coli (20.7%, 281 cases) and Listeria (4.7%, 64 cases). Although listeriosis incidence rates are lower than those of other foodborne illnesses, it presents a high mortality rate, ranging from 13% to 30% of cases, mainly due to the development of serious infections such as encephalitis and meningitis, establishing listeriosis as one of the main foodborne pathogens causing death in the United States. Despite E. coli’s relatively lower mortality rate of up to 9.6% in severe manifestations such as bloodstream infections, its epidemiological burden remains significant. According to the CDC, on average, 1,600 listeriosis cases and 260 deaths, with an average hospitalization rate of 94%, occur each year in the United States. In addition, the CDC reported an average of 97,000 illnesses, 3,270 hospitalizations and 30 deaths due to the E. coli O157 strain each year. While mortality rates underscore Listeria’s clinical severity, treatment efficacy hinges on antibiotic susceptibility, an area where Listeria and E. coli diverge. Although occasional increases in Listeria population sizes can lead to antibiotic resistance, Listeria has maintained a high susceptibility rate to antibiotics used to treat infections. In contrast, antibiotic resistance is more common in E. coli than Listeria infections. This higher resistance in E. coli is attributed to the use of antimicrobial agents in food production and the active genetic exchanges among bacteria in natural environments. Next Steps: Conduct Critical Risk Assessments and Industrial Hygiene Evaluations with TRC TRC’s tested practitioners in Strategic Health Sciences specialize in food contamination prevention and management, offering science-based risk assessment consulting to help companies determine the necessity of food recalls and implement proactive strategies to mitigate contamination risks. Our recent work includes risk assessments on several cases of potential food contamination caused by allergens, metals, industrial fires, and the derailment of trains carrying food/beverage products. In the United States, regulations such as 9 CFR 430.4(a) are intended to prevent contamination during food production. Large foodborne outbreaks have become less common since the early 2000s, which is attributed to improved quality control measures in the food industry and improved medical diagnoses. Despite this, foodborne outbreaks and food recalls still occur and are related to contamination during the production process or other events. Reducing Listeria, E. coli and other outbreaks in the future requires a risk assessment of contaminated foods and the evaluation of food production processes. Scientists at TRC have over 55 years of experience conducting risk assessments and industrial hygiene evaluations, including on contaminated spices, beverages and various foods and food packaging products. Our team advises on food production process changes, labeling, risk and severity of adverse effects, plausible doses, recalls and more. Litigation cases related to Listeria and E. coli outbreaks have increased in the past several months. Our organization has testified in over 700 depositions and 60 trials for industry where we presented our risk analyses. In the cases for which we were retained, we applied exposure science and the health risk assessment methodology embraced by the National Academies of Science to characterize the possible risks. Over the years, we have conducted more than 1,000 risk assessments. Please contact Michael Stevens for more information regarding our capabilities at MEStevens@trccompanies.com.
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TRC Expands Solutions for Comprehensive Data Center Development
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TRC Companies Ranked No. 17 on Engineering News-Record List of Top 500 Design Firms
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Rampart will expand TRC’s capabilities in the utilities, oil and gas, and renewable energy markets WINDSOR, Conn. TRC Companies, Inc. (TRC), a global professional services firm providing integrated strategy, consulting, engineering and applied technologies in support of the energy transition, has acquired Rampart, a land rights acquisition company headquartered in Baton Rouge, Louisiana. Rampart provides comprehensive right-of-way, permitting and land services to utility, oil and gas, renewable energy and public works companies in the Southern and Mid-Atlantic regions of the U.S. Rampart brings long-standing relationships with key clients in the energy and infrastructure sector. “Rampart is poised for significant growth in the utility, renewables and pipeline sector driven by rising demand for power and support from Federal and State clean energy policies,” said Christopher Vincze, Chairman and CEO of TRC. “With this acquisition, we are well positioned to capitalize on additional investment in the power and energy markets.” “TRC is a leader in the energy market and a seamless fit for driving our company’s growth,” said Allan Butler, President of Rampart. “By joining forces, we are unlocking new opportunities for growth, innovation and excellence.” Morrissey Goodale served as the exclusive financial advisor to Rampart. About TRC Companies TRC stands for adaptability. With direction setting perspectives and partnerships, our 8,000+ tested practitioners in advisory, consulting, construction, engineering and management services deliver unique resolutions that answer any built or natural imperative. By creating new pathways for the world to thrive, we help our clients adapt to change and achieve long-lasting results while solving the challenges of making the Earth a better place to live — community by community and project by project. TRC is ranked #16 on ENR’s list of the Top 500 Design Firms, #5 for Power and #3 for Transmission & Distribution. Learn more at TRCcompanies.com and follow us on LinkedIn.
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