EPA Proposes Recordkeeping Requirements for PFAS, Seeks Comment

On June 28, the U.S. Environmental Protection agency posted its proposed Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA). EPA will use submitted information to inform assessments of new and existing chemicals, drinking water restrictions and other regulatory initiatives related to PFAS.

EPA will accept comments through Aug. 27, 2021. EPA also recommends filing comments about data collection requirements by July 28, 2021, to assure consideration by the Office of Management and Budget. EPA is proposing to require persons that manufacture (including import) or have manufactured these chemical substances in any year since Jan. 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards. Reportable information is any responsive information that is known to or reasonably ascertainable by the company. Companies would also be required to make reasonable estimates of measurements, monitoring or other data when not available.

Reportable PFAS Chemicals

In its proposed rule, EPA defines PFAS subject to reporting as:

Per- and polyfluoroalkyl substances or PFAS, for the purpose of this part, means any chemical substance or mixture that structurally contains the unit R-(CF2)-C(F)(R’)R”. Both the CF2 and CF moieties are saturated carbons. None of the R groups (R, R’ or R”) can be hydrogen.

The proposed rule also includes lists of PFAS substances as examples, although reporting is not limited to listed chemicals. Any chemical meeting the definition is subject to the reporting requirements. EPA includes lists identifying PFAS by:

  • CAS registry number (Section 705.5(a))
  • TSCA accession number (Section 705.5(b))
  • LVE Case Number and CAS number (Section 705.5(c))
  • LVE Case Number without CAS number (Section 705.5(d))
  • Structural diagrams with CAS number (Section 705.5(e))

Reportable Information (Proposed Section 705.15)

EPA proposes requiring reporting information specified in proposed Section 705.15, often requiring companies to report using designated codes, including codes for industrial sector, use/function category and commercial product categories. The reporting period would begin six months after the effective date of the final rule and last for six months thereafter. Companies that have already reported covered information must inform EPA and are not required to resubmit.

At Section 705.15, EPA specifies details of reportable information, including:

  • Company and plant site information
  • Chemical identity by common or trade name, name as used on the TSCA Inventory, CAS Number, etc. Further, companies must specify type of chemical identity by listed code.
  • Category of use, including category of processing, formulation, use in mixtures, etc., listed by each site downstream that receives the chemical, regardless of whether the site is controlled by the submitter.
  • Consumer and commercial use information, by listing up to 10 categories of use, representing the majority of the submitter’s downstream consumer and commercial uses of the PFAS chemical at issue. Submitter must estimate typical maximum concentration by weight for each product category identified. Submitters must also include amounts of PFAS chemical intended for use in consumer products intended for children of age 14 or younger.
  • Annual manufacture and import volumes, designated by industry sector of use.
  • Description of by-products resulting from manufacture, processing, use or disposal.
  • All existing environmental and health effects information, including those published prior to 2011 (i.e. start date of reportable activities), informal unpublished information, and worker health monitoring data.
  • Worker exposure data and/or reasonable estimates by listed code.
  • Manner and method of disposal.

All reports must be accompanied by a certification statement from an authorized individual certifying that the company has submitted all information known to and reasonably ascertainable by the company and claims of confidentiality are true and accurate.

Record-keeping Requirements

Companies subject to reporting must maintain records documenting all information reported to EPA for a period of five years following the final date for submission.


At proposed Sections 705.30 and 705.35, EPA references requirements for claims of confidentiality and substantiation from TSCA Section 14. Any claims of confidentiality and substantiating information must be filed at the time of submitting information. Companies can claim information as confidential except for chemical identities listed on the public TSCA Inventory, specified processing and use data elements and information that is not known to or reasonably ascertainable by the company.

Contact ACA’s Riaz Zaman for more information.