Trade Alert

EPA Requires Retroactive Reporting of PFAS

By In USA Trade Alerts On 29th November 2023

In an October 11th Final Rule, the United States Environmental Protection Agency (EPA) will require importers and manufacturers to report on their use of PFAS for each year since 2011. Importers and manufacturers must electronically submit information on uses, production volumes, byproducts, disposal, exposures, and existing information on environmental or health effects for any PFAS imported or manufactured since 2011 by May 13, 2025. Small importers will have an additional six months (November 13, 2025) to report to EPA.

At the time of this publication, U.S. Customs and Border Protection has not indicated if there will be entry reporting requirements for importations containing PFAS. 

What are PFAS?  

Perfluoroalkyl and polyfluoroalkyl substances are a category of manufactured chemicals that have been used in industry and consumer products since the 1940s. PFAS have characteristics that make them useful in a variety of products, including nonstick cookware, waterproof clothing, and firefighting foam, as well as in certain manufacturing processes. Read more about the PFAS requirement at EPA Finalizes Rule to Require Reporting of PFAS Data to Better Protect Communities from Forever Chemicals | US EPA 

Additional Resources 

Instructions for Reporting PFAS Under TSCA Section 8(a)(7) (pdf) 

TSCA 8a7 Small Entity Compliance Guidance 

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