PFAS Compliance and the New Reporting Requirement Under TSCA

What were you doing January 1, 2011?

Do you even remember back that far?

Well, if your company manufactured or imported products containing Per- and polyfluoroalkyl substances (PFAS) from that date forward, then you are facing a new reporting requirement under the Toxic Substances Control Act (TSCA) Section 8(a)(7).

Trust us, you don't want to be in a position where you are wondering if you need to stay late at the office to make sure that your company is in compliance with this new rule, effective as of November 13, 2023.

Complying with these new PFAS regulations is a serious matter that will take your team back on an approximately 12-year journey that will significantly affect your team workload. These requirements will continue to impact you in the years to come. If you seek to become a leader in sustainability and product safety, then you will need to have:

1. information about the different types of PFAS in your products, and
2. a way to screen your entire product portfolio for PFAS, in bulk, so you can make the right compliance and sustainability decisions, faster.

Success in complying with this new PFAS reporting rule, as well as regional or state-based rules will require companies like yours to:

• Know how different jurisdictions around the globe define PFAS,
• Access the list of specific chemicals regulated under TSCA Section 8(a)(7), and compare the chemicals in your products to that list, and
• Take steps to avoid steep penalties (per chemical violation) that can add-up and affect your bottom line.

See the big picture

For PFAS, as well as other regulated chemicals, you need to be able to horizon scan so that your team can monitor and assess regulatory changes impacting your substances, products, markets and suppliers. Keeping up with the latest news is a vital component to compliance.

You also need a way to manage your product compliance as you go to market initially and as your products move through different stages of production, importation, use and disposal. Global substance lists and reference data, chemical property and hazard information, multilingual phrase libraries, Safety Data Sheet (SDS) templates and more can help to fulfill your obligations as you move toward the goals of a circular economy.

Protect your employees and customers

Protecting your teams (and your customers) involves providing SDSs to workers that are reliable and up to date. If you work in European markets, then you are likely aware of the added burden of the eSDS data entry process. Regardless of where you are in the world, you must also notify relevant authorities when hazards are discovered and ensure that employees have knowledge of hazards as required by right-to-know laws.

Execute sustainable product strategies that align with customer demands

Customers now demand more transparency than ever regarding what is in the products that they purchase. This is due to improved understanding of risks and the desire by upcoming generations to buy sustainable products.

You may find yourself looking for “greener” alternatives to PFAS and knowing what is in your products, how the chemicals at issue are regulated and what substitutes are available will help your company to meet environmental, social, and governance (ESG) goals.

Know how 3E can help you

As the exclusive provider of embedded regulatory content for SAP S/4HANA® for product compliance, 3E ERC+ Suite^TM provides you with the ability to use one system instead of tracking compliance piecemeal. This will allow you to empower your teams to work together.

The latest update to our product line includes PFAS lists that you can compare your product ingredients with so that you may screen your product portfolio in bulk in your SAP system and make strategic sustainability decisions.

The year 2011 seems like a world away. However, new requirements force you to relive the past, reflect on where you were professionally (and personally) and start rolling up your sleeves to address PFAS in your products.