On September 5, 2024, EPA published a direct final rule delaying by eight months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between 2011-2022. This rule amends the final rule EPA published on October 11, 2023, which is addressed in a prior blog post available here, specifying a six-month submission period from November 12, 2024, through May 8, 2025. Under the September 5 direct final rule, the new six-month submission period would be from July 11, 2025, through January 11, 2026.

The rule explains that the deadline is being extended because, due to a lack of resources to address its increased obligations under TSCA, EPA does not anticipate having a sufficient reporting system in place to handle the “unprecedented” amount of data it anticipates receiving pursuant to this reporting requirement. EPA believes that “[t]his would negatively impact EPA’s ability to collect, organize, and make the collected data available to the public, which is the underlying objective of the regulation as well as the Congressional direction that required its promulgation.”

The rule also corrects an error to require that Organization for the Economic Cooperation and Development’s Harmonised Templates (OHTs) be submitted for “unpublished” study reports, as opposed to “published” study reports. Manufacturers and importers are not required to search open scientific literature for this reporting, and EPA had intended to require submittal of information that is not already available in open scientific literature.

As a direct final rule, this rule will become effective, without further notice, on November 4, 2024. However, if adverse comment is received by October 7, 2024, EPA will withdraw the rule and address all public comments in a subsequent final rule.

EPA’s direct final rule can be found here.