PFAS Reporting Rules Under TSCA: Impact on Supply Chain
Big changes are coming for manufacturers and importers with the EPA’s latest rule under the Toxic Substances Control Act (TSCA), which aims to address per- and polyfluoroalkyl substances (PFAS). As of September 5th, 2024, this new rule requires companies that manufactured or imported PFAS or PFAS-containing products between 2011 and 2022 to submit comprehensive reports by January 11, 2026. Companies classified as small importers have an extended deadline of July 11, 2026.
To ensure compliance, companies are advised to assemble a multidisciplinary team—including legal counsel and environmental experts—to carefully gather the necessary data. The rule also emphasizes the importance of maintaining records for five years after reporting, underscoring the need for thorough documentation.
Shipman and Goodwill LLP has provided a strategic guide for manufacturers and importers in their summary, “BACK TO THE PFUTURE”.
How Does this Affect Supply Chain and Logistics Operations?
While companies in the industry may not always manufacture products directly, they are often involved in the import, distribution, and handling of goods that may contain PFAS or PFAS-treated materials. Therefore, companies should perform due diligence to gather information about PFAS in the items they move through the supply chain. This includes coordinating with suppliers and keeping records for five years. Failure to comply could lead to legal and financial risks, as the reported data may be used in future lawsuits or regulatory actions. Proper documentation and collaboration are essential for minimizing legal and financial risks.
For a detailed breakdown of the rule, visit the official Federal Register entry: Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS).
