TSCA Section 8(a)(7) is a rule under the Toxic Substances Control Act (TSCA) that mandates certain individuals and entities to report data on Per- and Polyfluoroalkyl Substances (PFAS) if they have manufactured or imported these substances at any point since January 1, 2011. This one-time submission aims to gather comprehensive data on PFAS usage in the U.S. to inform future legislation.
Is Your Chemical Substance Subject to TSCA Section 8(a)(7)?
To determine if your chemical substance is subject to TSCA Section 8(a)(7) reporting requirements, you must check if it meets the criteria set by the Environmental Protection Agency (EPA).
Here are some key points to consider:
- Chemical Structure: The substance must have one of the three specific chemical structures defined by the EPA:
- R-(CF₂)-CF(R’)R”, where both the CF₂ and CF moieties are saturated carbons.
- R-CF₂OCF₂-R’, where R and R’ can either be F, O, or saturated carbons.
- CF₃C(CF₃)R’R”, where R’ and R” can either be F or saturated carbons
- Inclusion in the List: The EPA has listed at least 12,697 PFAS that are in scope. However, the list is non-exhaustive. If your PFAS has one of the three chemical structures listed above, it must be reported.
- Manufacturing or Importing: If you have manufactured or imported the PFAS or PFAS-containing articles for commercial purposes at any time since January 1, 2011, you are required to report.
For more detailed guidance, you can refer to the EPA’s reporting instructions.
Where to Report
All information must be submitted electronically via the EPA’s Central Data Exchange (CDX) system, and manufacturers must retain submitted data for five years.
If you have already reported some Section 8(a)(7) data through other EPA programs (e.g., CDR, TRI, EPCRA 313, GHGRP, TSCA 8(d) & 8(e)), you do not need to re-report duplicative information. However, determining duplicative reporting can be complex and depends on various factors. For more information on duplicative reporting, please review the applicable section of the Code of Federal Regulations.
What Information Must You Report?
When reporting your PFAS data, you must include:
- Company and plant site details
- Chemical-specific information (common name, CAS#, molecular structure, physical form)
- Categories of use and industrial processing information
- Corresponding function category (e.g., sealant, flame retardant)
- Corresponding sector code (e.g., computer and electronic product manufacturing)
- Consumer and commercial use information
- Estimated maximum concentration of the PFAS
- Imported article production volume
Do You Qualify for Streamlined Reporting?
Streamlined reporting is available if the PFAS was a component of an article. You may use a streamlined small quantity R&D form if the quantity is less than 10kg/year solely for R&D purposes. If PFAS is imported in both articles and other forms (including mixtures), streamlined reporting may be used for articles, with the rest reported in the standard form.
Standard Form Reporting Requirements
For the standard form, you must provide additional information about:
- Byproducts resulting from manufacture, processing, use, or disposal of PFAS
- Environmental and health effects of PFAS
- Worker exposure details (number of workers exposed, duration, activity description)
- Release or disposal of PFAS or PFAS-containing mixtures controlled by the site
If more than one PFAS is present at a site, you must report information for each PFAS on its own form. For multiple sites, you must use a separate form for each site. In most cases, one form per chemical at the site is needed, but multiple forms may be submitted for the same chemical at one site in certain cases. Confidentiality claims can be made under specific circumstances.
Reporting Deadlines
Entities must report information for each calendar year from January 1, 2011, to December 31, 2022. The deadlines are:
- Any entities: July 11, 2025, through January 11, 2026
- Small manufacturers: July 11, 2025, through July 11, 2026
Failure to file the report within this period is a violation of TSCA sections 8(a)(7) and 15 and may result in penalties.
Get Support
PFAS reporting requirements are a relatively new frontier when it comes to product compliance. If you are feeling overwhelmed with this and are unsure how to get started, contact Tetra Tech’s product compliance experts today. We can help you establish PFAS reporting practices, communicate with your supply chain, and create an effective plan for meeting these new PFAS requirements.
