Recordkeeping (TSCA Section 8(a)(7))

Under the TSCA Section 8(a)(7) PFAS Reporting Rule, manufacturers (including importers) must retain records supporting their PFAS data submissions. Records include raw data, calculations, estimates, supplier communications, analytical test results, and any documentation used to prepare reports. Records must be retained for at least five years from the date of submission and be made available to EPA upon request.

40 CFR §705.20; TSCA §8(a); EPA TSCA 8(a)(7) Reporting Instructions.

Recordkeeping is often overlooked but is critical for audit defense. EPA may request supporting documentation at any time within the retention period. Companies must maintain not just the final submitted reports but the underlying data: supplier declarations, purchase records, volume calculations, analytical certificates, and correspondence. For companies using reasonable estimates (due to unavailable exact data), the estimation methodology and assumptions must be documented in detail.

A chemical distributor imports a PFAS-containing formulation and reports estimated volumes for 2014–2018 under TSCA 8(a)(7). The distributor must retain: import records, supplier invoices, bill of lading documents, the methodology used to estimate PFAS content, and any correspondence with the upstream manufacturer about PFAS composition. These records must be available for at least five years post-submission.