A Little Breathing Room for Product Importers: EPA Extends TSCA 8(a)(7) Reporting Deadline
While product importers were spending the summer poring over the Instructions for Reporting PFAS Under TSCA Section 8(a)(7) (May 2024), the U.S. Environmental Protection Agency (EPA) was working on a Direct Final Rule and Proposed Rule to extend the deadline for a Toxic Substances Control Act (TSCA) one-time reporting rule that was finalized on Oct. 11, 2023, under Section 8(a)(7) of TSCA (15 U.S.C. §2607(a)(7)). For background on the Final Rule, see Holland & Knight's previous alert, "EPA Publishes Comprehensive PFAS Reporting Rule Under TSCA," Oct. 17, 2023.
Relying upon its common tactic of publishing both a direct final rule and a proposed rule together in the Federal Register, the EPA reported on Sept. 5, 2024, that it will not be ready to accept the reporting that was due to commence on Nov. 12, 2024, and conclude for most parties on May 8, 2025. Rather, the EPA proposed to extend the deadline for most reporting to Jan. 11, 2026, and plans to open the reporting tool for submissions on July 11, 2025 – two months after reporting was supposed to be complete for most parties. The EPA spends virtually all of its ink explaining how complex and unprecedented the data submittal is expected to be – a conclusion many product importers had already reached and the reason this extension is welcome to many.
The Direct Final Rule will become effective on Nov. 4, 2024 (60 days after publication), unless the EPA receives adverse comments, in which case it will rely upon the Proposed Rule to complete the process. In either case, product importers anticipating a chance to review the online reporting tool as early as next month will have to wait and continue to rely on the EPA's draft Excel spreadsheet tool that was posted in the rulemaking docket as they attempt to collect and compile the relevant information. For background on how product importers are preparing, see Holland & Knight's previous alert, "Product Importers: Are You Ready for the New PFAS Reporting Requirements Under TSCA?," June 26, 2024.
The EPA is also using this opportunity to correct a typographical error in Section 705.15(f)(1) related to reporting environmental and health effects studies. Specifically, the EPA seeks to clarify the format requirement for reporting unpublished study reports, where the regulation originally stated the requirement applies to published reports.
Comments are due by Oct. 7, 2024, and should be filed in the original rulemaking docket, EPA-HQ-OPPT-2020-0549.
For more information or any questions about the Final Rule or other matters related to PFAS, contact the authors or another member of Holland & Knight's Emerging Contaminants and PFAS Team.
Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.