Small Manufacturer (TSCA 8(a)(7))

Under TSCA, a small manufacturer is a company that meets the small business size standards defined by the Small Business Administration (SBA) for its NAICS code, typically based on employee count or annual revenue thresholds. Under TSCA 8(a)(7), small manufacturers reporting solely as PFAS article importers receive an extended reporting window: 12 months from the start of the submission period, versus 6 months for other manufacturers. The proposed revisions would potentially remove approximately 127,469 small businesses from reporting requirements through the imported article, byproduct, and de minimis exemptions.

TSCA §8(a)(1); 40 CFR §705.18; SBA Size Standards (13 CFR Part 121); EPA November 2025 Proposed Rule.

Small manufacturers are disproportionately impacted by TSCA 8(a)(7) because they often lack the compliance infrastructure, analytical capabilities, and supply chain data systems that larger companies have. EPA’s proposed exemptions were explicitly designed to reduce the burden on small businesses. Companies should verify their SBA size status and determine whether proposed exemptions (imported articles, byproducts, de minimis) would relieve their reporting obligations. Even if exempt from TSCA reporting, small manufacturers may still face state-level PFAS reporting requirements.

A small injection molding company (45 employees, $8M revenue) imports PFAS-containing O-rings from Asia. Under the current rule, this company must report. Under the proposed revisions with the imported article exemption, the company would likely be exempt. The company should monitor the final rule but should also check Minnesota, Maine, and other state PFAS laws that may independently apply.