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A Retailer’s Guide to New TSCA Regulations on PFAS

How can your organization prepare for PFAS reporting, starting July 2025?

Section 8(a)(7) of the Toxic Substances Control Act (TSCA) is causing retailers to brace for impact. Mirroring the trajectory of lead and asbestos as controlled substances through the 1990s, per- and polyfluoroalkyl substances (PFAS) regulations will fundamentally change the way retailers operate.

While the scope and scale of PFAS under TSCA is unprecedented, getting a handle on what exactly the regulatory updates entail, the timeline for compliance, and the proactive steps your organization can take to align with these new requirements can help you get started on a successful path.

Understanding the New TSCA Regulations

PFAS, often referred to as “forever chemicals,” have been a growing concern due to their persistence in the environment and potential health risks. The Environmental Protection Agency (EPA) has expanded regulations under TSCA to address the use and management of PFAS in various industries, including retail—their primary goal being to better characterize the sources and quantities of manufactured PFAS in the US.

Section 8(a)(7) of TSCA requires retailers, among other industries, to disclose detailed information regarding the presence of PFAS in their products manufactured for commercial use. Manufacturers (including importers) of any chemical substance, a mixture or article that contains a chemical substance, must submit reports that identify PFAS compounds and include data on their:

  • Quantities
  • Uses throughout the supply chain
  • Byproducts
  • Health effects
  • Worker exposure
  • Release or disposal of PFAS

By understanding and implementing these requirements, the EPA aims to ensure retailers are fully aware of the PFAS content in their supply chains and provide accurate information to consumers.

Deadline for Compliance

The submission period for compliance with these regulations starts July 11, 2025, for all reporters and ends on January 11, 2026. For articles importers who also quality as small manufacturers, the deadline for submission is extended to July 11, 2026. Before then, businesses should audit their current product lines and identify necessary information to comply. The impact of this reporting on operations will be significant, as retailers will need to enhance their data management systems and collaborate closely with suppliers to compile the necessary information.

Steps to Compliance for Section 8(a)(7)

Achieving compliance with the new TSCA regulations involves several critical steps:

  1. Inventory Assessment: Begin by conducting a comprehensive audit of your product inventory. Identify all items that may contain PFAS and gather data on their chemical composition. Collaborating with suppliers will be crucial to obtaining accurate information.
  2. Supplier Engagement: Engage your suppliers in open discussions about their PFAS management practices. Ensure they are aware of the TSCA requirements and are providing information regarding PFAS content in their products.
  3. Recordkeeping and Documentation: Implement a recordkeeping policy that adheres to TSCA requirements. This includes maintaining all information required for reporting for a period of five years after the end of the submission deadline.
  4. Training and Education: Invest in training programs for your team to ensure everyone understands the new regulations and their role in maintaining compliance. Education will play a vital role in seamless adaptation to these changes.
  5. Compliance Monitoring: Establish a system for regular compliance monitoring. This will help identify potential compliance gaps and address them promptly, ensuring ongoing adherence to TSCA requirements.

Charging Ahead with Transparency

The expanded TSCA regulations on PFAS are a crucial step in safeguarding both environmental and public health. This one-time reporting event will provide greater transparency on the uses and risks associated with PFAS and will enable EPA to better characterize the source and quantity of manufacturers in the US. For retailers, this is an opportunity to demonstrate leadership in environmental responsibility and consumer safety.

As the deadline approaches, retailers should prioritize collaboration with industry peers and regulatory bodies to share insights and best practices. Staying informed about any updates or changes to the regulations will also be essential. As a trusted advisor in environmental compliance, APTIM can support your company to effectively respond to TSCA updates and prepare your operations for compliance.

With our team’s thorough understanding of environmental regulations and cutting-edge research on PFAs from flask to field, we can help yours plan, program, and report to meet compliance deadlines.

APTIM. In Pursuit of Better.

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