In September of 2023, the Biden administration passed a rule requiring manufacturers and importers of perfluoroalkyl and polyfluoroalkyl Substances (PFAS) to report certain information to the Environmental Protection Agency. In September of 2024 the EPA delayed the reporting period for the rule and then delayed it again in May of 2025.
Concerned that contractors who purchase materials containing PFAS may be impacted, AGC reached out to EPA to confirm that members who purchase these materials are not considered an “importer of record” under the Toxic Substances Control Act (TSCA). Here’s what you need to know:
An importer is any person who pays the duties or tariff on any mixture or article brought into the United States, and any agents thereof. If you simply purchase PFAS from a domestic source and your name isn’t on any customs documents, then you are not required to report on that substance. If you have put your name on customs forms to facilitate the import, then you may be required to report as the importer of record. Conversely, if you buy PFAS domestically to use, that is not covered.
For members trying to determine if this rule applies to them, the following guidance is available.
- The regulatory definition of “importer” for the TSCA Section 8(a)(7) rule at 40 CFR 704.3.
- This TSCA Fact Sheet has good information for contractors looking to determine their importer status. This fact sheet was written for the Chemical Data Reporting rule rather than this PFAS reporting rule, but the same principles as to what constitutes an “importer” apply.
- This EPA web page can keep you up to date with all the developments regarding PFAS reporting under TSCA.
- This TSCA GuideME page offers frequently asked questions and answers for contractors struggling with compliance. #1, #2, #3, #10 are relevant to this rule.
For more information on this rule or your company’s importer status, please contact Melinda Tomaino or Spencer Phillips.