On May 16, 2024, the U.S. Environmental Protection Agency (EPA) updated and released the mandatory reporting list of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). For the first time, the list clearly distinguishes and discloses the complete data of PFAS containing Commercially Confidential Information (CBI) and non-confidential PFAS.
The list specifies two disclosure standards:
- Non-CBI PFAS: Provide the CAS number and chemical name (the standard name in the TSCA Inventory or the name applied for under the Low Volume Exemption (LVE) application).
- CBI PFAS: Only disclose the generic name, TSCA registration number, and LVE number (Low Volume Exemption application number).
Definition of "PFAS" under Section 8(a)(7):
For the purposes of this section 8(a)(7) rule, ""PFAS"" is defined as: any chemical substance or mixture containing a chemical substance that structurally contains at least one of the following three sub-structures:
- R-(CF2)-CF(R′)R″, where both the CF2 and CF moieties are saturated carbons.
- R-CF2OCF2-R′, where R and R′ can either be F, O, or saturated carbons.
- CF3C(CF3)R′R″, where R′ and R″ can either be F or saturated carbons. "
The EPA emphasizes that this list is intended to assist relevant entities in identifying reportable PFAS. However, substances not included in the list may still meet the reporting requirements, and companies need to verify this themselves.
Note: This article is based on the official policy interpretation by the EPA. For technical details, please refer to the original text of "TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances."
