Does the one-time PFAS report under TSCA §8(a)(7) apply to your Arizona operation?
Last verified 2026-10-24 against https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-705/section-705.20 (eCFR text current as of 2026-10-22) and https://www.federalregister.gov/documents/2026/04/13/2026-07062/modification-to-the-start-of-the-submission-period-for-perfluoroalkyl-and-polyfluoroalkyl-substances.
What changed: nothing since our 2026-09-27 check. The Federal Register docket shows no amendment after April 13, 2026 and no final rule on the proposed exemptions. On April 13, 2026, EPA moved the opening of the reporting window to January 31, 2027 (91 FR 18786). The October 13, 2026 and April 13, 2027 closing dates still quoted in places, including in one paragraph of EPA's own overview page, come from the May 2025 rule and no longer apply.
FabReady is a readiness and organization tool, not legal, compliance, or certification advice. It does not certify anything; always verify against the customer's own documents.
In one paragraph
Anyone who manufactured or imported PFAS in the United States in any year from 2011 through 2022 owes EPA a one-time report. It is a reporting rule, not a ban. Importing a part that contains a fluoropolymer counts as importing PFAS unless EPA finalises an exemption it has so far only proposed. Many small parts importers will have little to report, and some nothing, but the conclusion has to be reached properly and written down.
Who reports, and for which years
40 CFR 705.10 covers any person who manufactured a PFAS for commercial purposes at any time from January 1, 2011 through the end of 2022; under TSCA, "manufacture" includes import. The PFAS definition in §705.3 is structural, and EPA's FAQ (November 2024) says there is no polymer exemption, so fluoropolymers that meet it are in scope. The rule's own exemptions in §705.12 are narrow: municipal solid waste imported for disposal, and federal-agency imports.
The obligation attaches to the US entity that was the importer in those years: an Arizona subsidiary formed in 2023 or later has no look-back years of its own, but an affiliate that imported into the United States in 2011 to 2022 may.
On November 13, 2025, EPA proposed exemptions for imported articles, PFAS below 0.1 percent in mixtures or products, certain byproducts, impurities, research chemicals and non-isolated intermediates. Comments closed December 29, 2025, and EPA's page says a final rule is expected in 2026. A Federal Register search on the date above found none. Until one is published, imported articles remain in scope.
What a Taiwanese parts subsidiary typically imports that could be in scope
Wet-process chemistry runs on fluoropolymers: PFA-lined valves, fittings and chemical-delivery lines; PTFE and PFA tubing; PTFE gaskets and seals and perfluoroelastomer O-rings; fluoropolymer coatings on tanks, baths, wafer carriers and other wet-bench components; filter housings. Each is an "article" in EPA's sense: shaped in manufacture, unchanged in use. Whether a given material meets the structural definition is a chemistry determination; PTFE and PFA are the clear cases, and the parent's engineers usually know.
What "known to or reasonably ascertainable" means for an importer
§705.3 defines it as all information in your possession or control, plus what a reasonable person in your position might be expected to possess, control or know. EPA's FAQ says to consult existing knowledge, review records and consider reaching out to suppliers; testing is not required. If a supplier will not disclose a composition, EPA's reporting instructions allow a data element to be marked "not known or reasonably ascertainable", but only after you have asked, with the attempt documented. A subsidiary whose parent designed the part has a short path to the answer.
The timeline
The window cannot open later than January 31, 2027; it could open earlier if EPA's substantive final rule takes effect before early December 2026. §705.20(c) says EPA will announce the date in the Federal Register.
| Item | What the rule says | Source |
|---|---|---|
| Reporting years | 2011 through 2022 | 40 CFR 705.10 |
| Window opens | January 31, 2027, or 60 days after EPA's forthcoming final rule on the substantive requirements takes effect, whichever is earlier | 40 CFR 705.20(a)–(c); 91 FR 18786 (Apr. 13, 2026) |
| Standard reporters | six months from the opening date | 40 CFR 705.20(a) |
| Small manufacturers reporting only imported articles | twelve months from the opening date | 40 CFR 705.20(b); 40 CFR 704.3 |
| Announcement of the exact date | EPA "intends to publish a document in the Federal Register" | 40 CFR 705.20(c) |
| Records | five years from the last day of the submission period | 40 CFR 705.25 |
| Superseded | Apr. 13 – Oct. 13, 2026 (Apr. 13, 2027 for small article importers) | May 13, 2025 rule, replaced Apr. 13, 2026 |
"Small manufacturer" follows 40 CFR 704.3: total annual sales under 120 million dollars combined with the parent company, subject to a 45,400-kilogram volume ceiling per site, or under 12 million dollars combined with the parent regardless of volume, tested as of December 31, 2022 according to EPA's FAQ. Because the parent's sales count, a small office of a large Taiwanese group does not automatically qualify, and the twelve months apply only to reporters filing exclusively as article importers.
What to collect now
Three kinds of paper answer most questions: supplier declarations of PFAS content by part number, safety data sheets for coated or lined parts (an SDS is often silent on articles, and that silence is itself a record), and article-composition letters from the parent or the original manufacturer. Add the import records for 2011 to 2022, since the streamlined form asks for import volume or article count. These are the documents FabReady's attestation and registration evidence types hold.
The filing path
§705.35 requires submission through EPA's Central Data Exchange at cdx.epa.gov, and EPA's instructions (November 2024) point filers to the CDX Chemical Safety and Pesticide Programs (CSPP) registration guide. Article importers may use the streamlined form in §705.18(a): company information, chemical identity, import volume or article quantity, and use categories, without the byproduct, disposal and detailed exposure sections. Where a foreign supplier holds the composition as confidential, the instructions describe a joint submission in which the supplier files the chemical identity directly.
The honest line
This is a reporting rule, not a ban, and it does not restrict what you import today. EPA's FAQ says a company that finds no PFAS after a proper search is not covered and files nothing; there is no "nothing to report" form. That is exactly why the decision must be documented: who asked which supplier what, what came back, and what you concluded. §705.25 requires reporters to keep records for five years from the last day of the submission period; our suggestion, not EPA's rule, is to keep a "not covered" conclusion as long.
Where FabReady fits
Row AZ-PFAS-001 carries this requirement with its source and its dates. The intake asks one question, whether you have imported PFAS or fluoropolymer articles since 2011; answer yes and the row appears in your gap report with places for the declarations, SDS and composition letters, and an expiry that follows EPA's dates. FabReady does not decide whether you are covered and does not file for you. It keeps the evidence and the decision in one place, in both languages.
Disclaimer
FabReady is a readiness and organisation tool. Nothing on this page is legal, tax, compliance or certification advice, and nothing FabReady holds is "verified" or "compliant". Requirements change; verify against the sources below, and consult counsel on your own facts.
Sources
- 40 CFR 705.20, When to report (eCFR, current as of 2026-10-22): https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-705/section-705.20
- 40 CFR Part 705, §§705.3, 705.10, 705.12, 705.15, 705.18, 705.25, 705.35 (eCFR): https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-705
- 40 CFR 704.3, definition of small manufacturer (eCFR): https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-704/section-704.3
- EPA, "Modification to the Start of the Submission Period for PFAS Reporting and Recordkeeping Under TSCA 8(a)(7)", 91 FR 18786, April 13, 2026, FR Doc. 2026-07062: https://www.federalregister.gov/documents/2026/04/13/2026-07062/modification-to-the-start-of-the-submission-period-for-perfluoroalkyl-and-polyfluoroalkyl-substances
- EPA, proposed rule, "PFAS Data Reporting and Recordkeeping Under TSCA; Revision to Regulation", November 13, 2025, FR Doc. 2025-19882: https://www.federalregister.gov/documents/2025/11/13/2025-19882/perfluoroalkyl-and-polyfluoroalkyl-substances-pfas-data-reporting-and-recordkeeping-under-the-toxic
- EPA, "PFAS Data Reporting and Recordkeeping Under TSCA; Change to Submission Period", May 13, 2025, FR Doc. 2025-08168 (source of the superseded dates): https://www.federalregister.gov/documents/2025/05/13/2025-08168/perfluoroalkyl-and-polyfluoroalkyl-substances-pfas-data-reporting-and-recordkeeping-under-the-toxic
- EPA, TSCA Section 8(a)(7) Reporting and Recordkeeping overview (page last updated April 16, 2026): https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/tsca-section-8a7-reporting-and-recordkeeping
- EPA, TSCA 8(a)(7) PFAS Frequently Asked Questions, November 2024: https://www.epa.gov/system/files/documents/2024-12/tsca-8a7-pfas-faqs_nov2024.pdf
- EPA, Instructions for Reporting PFAS Under TSCA Section 8(a)(7), November 2024: https://www.epa.gov/system/files/documents/2024-12/tsca-8a7-reporting-instructions_11-25-24.pdf
- EPA Central Data Exchange: https://cdx.epa.gov/