The Consult

Recently, the EPA made changes to the PFAS Data Reporting and Recordkeeping Rule under the Toxic Substances Control Act (TSCA), shifting deadlines and clarifying some technical details. 

Originally, businesses were supposed to start reporting PFAS data this November, with a final due date of May 8, 2025. However, the EPA has given everyone a bit more breathing room. Now, the reporting window opens in July 2025, and submissions will be due January 11, 2026. If your company manufactures or imports PFAS-containing materials, this extra time could be a game-changer, giving you a better chance to get everything in order.

So, what’s the big deal? This reporting rule requires businesses to look back at their manufacturing and import activities from 2011 to 2022. This includes not just traditional chemicals but also imports like coated fabrics, plastic parts, and even cookware—products that many might not realize fall under the PFAS umbrella. And with imported articles not exempt from reporting, companies need to dig deep into their supply chains to see what materials might trigger reporting.

An article is a manufactured item that is formed to a specific shape or design during production, has a function that relies on that shape or design during its use, and undergoes no chemical changes during use—or only minor changes without any separate commercial purpose—resulting from chemical reactions with other substances, mixtures, or articles. Examples include transformers, desiccant packets, automobiles, or photographic film. A rolled carpet with a waterproof coating, or thermoformed plastics used in packaging, might require reporting if they contain PFAS.

Under TSCA, chemical substances are broadly defined to include organics, inorganics, polymers, and biological materials, as well as substances of unknown or variable composition. However, certain things are excluded—like pesticides, tobacco products, food, drugs, and cosmetics. Even though you may not think of common materials like wire, molded plastic parts, or batteries as typically being covered by TSCA, if imported as articles, they could still fall under the reporting requirement if they contain PFAS.

Even though the deadline has moved, HRP strongly advises not to wait. This reporting isn’t just about filling out a form—it’s about doing your due diligence and ensuring that all the necessary records have been evaluated. Identifying whether you manufactured or imported PFAS (or documenting that you didn’t) will take time, especially when tracking down suppliers or reviewing old production data.

Let’s say you imported a fabric coated with waterproofing chemicals at some point between 2011 and 2022. You’ll need to consult all available internal records, and potentially contact your suppliers, to evaluate whether it meets the EPA’s PFAS criteria. If it does, that imported product needs to be included in your report. On the other hand, if your company purchased a coating containing PFAS domestically, and you applied that domestically acquired coating to fabric manufactured on site, you won’t need to report—since the rule applies to manufacturing or importing PFAS, not just using or processing them.

This report will also ask for a range of data, including your company’s plant locations, environmental and health impacts, and worker exposure information. Some companies may qualify for streamlined reporting, but the overall process will still take time and effort to complete.

Need help? HRP’s environmental experts are ready to guide you through the ins and outs of PFAS reporting under TSCA. Whether you need assistance tracking down product information, organizing documentation, or preparing for submission, we’ve got you covered. Use this extra time wisely—reach out to HRP Associates today to stay ahead of the curve and ensure your compliance with the new TSCA rule.