TSCA Section 8(a)(7) Reporting Rule

TSCA Section 8(a)(7) is a one-time, retrospective reporting requirement mandated by the NDAA FY2020 that requires any person who manufactured (including imported) PFAS or PFAS-containing articles in any year between 2011 and 2022 to report data to EPA. Reportable data includes PFAS identity, categories of use, volumes manufactured or imported, byproducts, environmental and health effects, worker exposure, and disposal methods. The final rule was published October 11, 2023. The submission period has been delayed multiple times; as of April 2026, EPA has moved the start date to January 31, 2027, or 60 days after the effective date of a forthcoming final revision rule, whichever is earlier.

NDAA FY2020 §7351; TSCA §8(a)(7); 40 CFR Part 705; EPA Final Rules (October 2023, September 2024, May 2025, April 2026); EPA November 2025 Proposed Revision (90 FR 50923).

TSCA 8(a)(7) is the largest PFAS data collection effort in U.S. history. Key developments: (1) The original rule had no de minimis threshold and covered imported articles—capturing a vast number of companies. (2) The November 2025 proposed revision would add six exemptions (de minimis 0.1%, imported articles, byproducts, impurities, R&D, non-isolated intermediates) and shorten the submission window to 3 months. (3) As of April 13, 2026, EPA has pushed the submission period start to no earlier than 60 days after the final revision rule, with a backstop of January 31, 2027. Companies should use this delay to complete data archaeology and supplier outreach.

A mid-size electronics manufacturer imported PFAS-containing printed circuit boards from 2013 to 2022. To comply with TSCA 8(a)(7), the company must: (1) identify which PFAS were present (to the extent known), (2) compile annual import volumes, (3) document categories of use, (4) describe disposal methods, and (5) submit via EPA’s CDX reporting portal once the submission window opens. If the imported article exemption is finalized, this company may be exempt.