US EPA delay TSCA PFAS reporting

The US EPA has announced that it will postpone the TSCA PFAS reporting requirements by July 11, 2025 to January 11, 2026. Small article importers will have until July 11, 2026 to comply.

The EPA has stated that the additional time will allow them to complete and test the online software to ensure that reporting entities do not experience issues.

The adjusted timeline is designed to facilitate compliance with the rule and to ensure that the collection includes accurate data.

The EPA has cited budget and IT constraints as the primary reasons for the delay. IT resources had to be reprioritized to focus on projects with the closest deadlines, including asbestos reporting and 2024 Chemical Data Reporting (CDR).

This direct final rule would take effect 60 days after its formal publication in the Federal Register, unless the agency receives adverse comment within 30 days. The agency simultaneously released a proposed rule to carry forward the reporting deferral if it must withdraw the direct final rule because of negative feedback.

The EPA has stated that it intends to schedule webinars on industry-flagged challenges before and during the disclosure timeframe, launch a new guidance webpage in the TSCA guidance database in the coming months, and offer electronic reporting resources.

The agency should immediately clarify when the reporting portal pilot will happen and how participants will be chosen.

The American Chemistry Council (ACC) has said that it appreciates the change. "The EPA must assure stakeholders that its systems are fully functional and will not compromise confidential business information or trade secrets".

However, according to director of chemicals policy Environmental Defense Fund (EDF), the modification would hamper further regulation to address PFAS-related risks and is "another example of how Congress’s failure to fully fund the TSCA programme affects the public."

In addition to postponing the disclosure timeline, the EPA aims to fix an error pertaining to the PFAS reporting rule’s mandate to provide environmental or health effect details. The agency said that it is correcting an existing reference to ‘published study reports’ to read ‘unpublished study reports,’ within the context of the rule’s requirement to submit OECD Harmonised Templates (OHTs). "EPA’s intent was to require OHTs and supporting information for unpublished study reports, as those are not publicly available in open literature".

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