SPAN Encourages Accelerated Federal Action Following EPA's PFAS Reporting Delay under TSCA

SPAN underscores the need for a uniform and risk-based federal approach to expedite compound identification and management.

On September 5, 2024, the Environmental Protection Agency (EPA) announced an eight-month delay in the reporting requirements for PFAS under the Toxic Substances Control Act (TSCA) regulation.  EPA is issuing this delay to provide additional time for the Agency's reporting application to be completed and sufficiently tested, ensuring that manufacturers do not experience issues preventing data submission.

"While it's crucial for the U.S. EPA to get this right, the need remains for a process to more quickly identify high-risk, high-emission PFAS compounds versus low-risk, low- or no-emission compounds. This delay highlights the urgency for Congress to take the lead with federal legislation accelerating the identification and management of these compounds,” said Kevin Fay, Executive Director of the Sustainable PFAS Action Network (SPAN).

Fay advised that the reporting rule is critical for assisting states with PFAS management programs, noting that prolonged delays could spur the creation of duplicative reporting programs. He expressed optimism that a uniform federal approach will help the nation achieve environmentally effective and economically practical management policies.

In 2023, the EPA finalized PFAS reporting rules under TSCA Section 8(a)(7), opting for a targeted structural definition instead of a broader “class-based approach”, focusing on commercially active compounds.

The EPA stated that 1,462 compounds are covered by the agency’s TSCA reporting program, 770 of which are considered active in U.S. commerce—otherwise known as commercially active. Data collected from the rule should be used to inform future risk-based regulations and better understand how many PFAS compounds are commercially active in the U.S. 

“The EPA's TSCA reporting rule has taken a positive step by narrowing the definition of covered PFAS compounds, which will enhance the effectiveness of other programs if the EPA maintains consistency. This definition helps pave the way for a more practical and manageable system for reporting commercially active PFAS and PFAS-containing products.”

The EPA has taken key steps toward providing greater oversight and acknowledging the complex nature and differences among PFAS chemicals. SPAN members are generally supportive of the EPA's deliberate, scientific, and thoughtful approach. SPAN appreciates the agency’s efforts to ensure the reporting application is successful.

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