What Per-and Polyfluoroalkyl Substances are subject to Section 8(a)(7) of the Toxic Substances Control Act (TSCA)? 

As we previously highlighted in our November 2023 client alert, USEPA finalized revisions to TSCA Section 8(a)(7) rulemaking and reporting. TSCA Section 8(a)(7) provides authority for the USEPA to collect existing information on per- and polyfluoroalkyl substances (PFAS).  

In this blog, we dive deeper into the question “What Substances Are Covered?” 

Reporting and recordkeeping requirements outlined in the rule define PFAS as any chemical substance that structurally contains at least one of the following three sub-structures:  

  1. R-(CF2)-CF(R’)R’’, where both the CF2 and CF moieties are saturated carbons  
  1. R-CF2OCF2-R’, where R and R’ can either be F, O, or saturated carbons  
  1. CF3C(CF3)R’R’’, where R’ and R” can either be F or saturated carbons 

When the rule was finalized, USEPA identified 1,462 PFAS from both the TSCA Active Inventory and Low Volume Exemption Claims, which meet the TSCA 8(a)(7) data collection structural definition. In January 2024, USEPA provided a published list of these PFAS to assist manufacturers (or importers)1 

However, USEPA has repeatedly cautioned manufacturers that exclusion from the above known PFAS list does not mean that a PFAS used in manufacturing is not reportable. Per USEPA, any TSCA chemical substance meeting the above definition, which has been manufactured in any year since January 1, 2011, is reportable.  

USEPA has identified 12,696 PFAS in USEPA’s CompTox Chemicals Dashboard and on the TSCA Inventory as meeting the TSCA 8(a)(7) data collection structural definition. Again, USEPA has cautioned that this list is not exhaustive and could change as new chemicals are identified and added. For example, of the 12,696 chemicals on the tabulated list, over 2,300 have been assigned NOCAS, which is when a Chemical Abstract Service (CAS) Registry Number (RN) was either not found or has not yet been assigned.  

This list of 12,696 PFAS includes both non-polymer PFAS and polymer PFAS. Non-polymer PFAS include well-known, long-chain PFAS (i.e., perfluorooctanoic acid [PFOA], perfluorooctane sulfonic acid [PFOS] and perfluorononanoic acid [PFNA]) as well as lesser known ultra-short-chain PFAS (i.e., pentafluoropropionic acid [PFPrA]). While some long-chain PFAS have been phased out of production in the US, they may be present in imported articles, or they may be present as a manufacturing byproduct or impurity, which is not exempt from reporting.   

Polymer PFAS include fluoropolymers, such as polytetrafluoroethylene (PTFE), used in the production of plastic and rubber, coatings and paints, lubricants, and greases, and in the chemical industry; polyvinylidene fluoride (PVDF) used in piping, sheeting, lining, and resin-based coatings; and tetrafluoroethylene-ethylene-3,3,4,4,5,5,6,6,6-nonafluoro-1-hexene terpolymer used in food contact materials or packaging.  

Additional chemicals that have been identified include some hydrofluorocarbons, such as 1H-pentafluoroethane (HFC-125), which is used in the electronics industry.  

PFAS not on the list include certain pharmaceuticals and other common hydrofluorocarbon refrigerants, such as 2,3,3,3-tetrafluoropropene (commonly known as HFO-1234yf).  

USEPA has established a one-year information collection period from the effective date of the final rule, along with a six-month reporting period. As a result, the reporting deadline is May 8, 2025, and November 10, 2025 (for small manufacturers). 

How can EHS Support Help?   

Companies should act soon to understand how this rule may impact their business. Reach out to Dana McCue, Amy Bauer, or Damani Parran today and explore how the EHS Support Team can help you stay in compliance with rapidly changing PFAS regulations.   

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