WASHINGTON (September 4, 2024) – The American Chemistry Council (ACC) issued the following statement on the Environmental Protection Agency’s (EPA) announced proposal to delay the implementation of the Toxic Substances Control Act (TSCA) Section 8(a)(7) Reporting Rule, which requires any manufacturer of PFAS or those importing PFAS, including articles, to report a broad range of data into the Central Data Exchange (CDX):
"We appreciate the EPA’s willingness to collaborate with industry and downstream users of PFAS chemistries to ensure the CDX system is thoroughly tested and ready for data submission before opening this unprecedented and significant reporting.
“As we have communicated to the EPA, there are substantial concerns that the CDX system and the 8(a)(7) reporting platform have not been comprehensively tested to help ensure their functionality. The 8(a)(7) reporting is expected to involve a large number of submitters, many of whom are unfamiliar with TSCA reporting and the CDX, inputting vast amounts of data elements into this system. It is critical that this system functions properly to help ensure high data quality and protect confidential business information, including trade secrets and national security interests.
“The EPA’s proposal to delay the implementation of this reporting period can allow industry and the value chain time to beta test the reporting tool and to provide feedback on the functionality of the system and tools. The EPA must assure stakeholders that its systems are fully functional and will not compromise confidential business information or trade secrets during these submission processes.
“ACC and its members are committed to enhancing the quantity and quality of information on PFAS, but we remain concerned with the overly broad approach and the unprecedented breadth of information being requested by this rule. PFAS are a diverse group of chemistries integral to thousands of products we use daily. They are an essential enabling technology for key sectors of the economy, including defense, automotive, semiconductors, electronics, alternative energy, pharmaceuticals, healthcare, building and construction, and agriculture.
“We look forward to engaging with this proposal and working to educate downstream users on this update."
