On May 2, 2025, a coalition of chemical companies petitioned the U.S. Environmental Protection Agency (EPA) for an amendment of the Toxic Substances Control Act (TSCA) Section 8(a)(7) rule requiring reporting for per- and polyfluoroalkyl substances (PFAS). Filed under TSCA Section 21 and the February 19, 2025, Executive Order on Ensuring Lawful Governance and Implement the President's "Department of Government Efficiency" Deregulatory Initiative, the petition states that EPA's October 2023 reporting rule should have included "the typical TSCA 8(a) reporting exemptions (e.g., by-products, impurities, articles, [research and development (R&D)] materials, and a production volume threshold)" that apply in other TSCA Section 8(a) reporting rules. According to petitioners, although EPA maintains that TSCA Section 8(a)(7) is a standalone subsection to TSCA Section 8(a), it applies the Section 8(a)(2) "known or reasonably ascertainable" due diligence standard and the Section 8(a)(5) bar against duplicative or unnecessary reporting, but not the Section 8(a)(1) exemption for small manufacturers. The petitioners ask that EPA revise the reporting rule to exclude imported articles, R&D materials, impurities, byproducts, non-isolated intermediates, and PFAS manufactured in quantities of less than 2,500 pounds (lb.). Petitioners also request that EPA remove the requirement to submit "'all existing information concerning the environmental and health effects' of the chemical substance covered by" the reporting rule and instead allow "robust summaries, similar to the approach adopted by the European Chemicals Agency" (ECHA).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
