Introduction to PFAS  

PFAS are manufactured chemicals that have been used in industry and consumer products since the 1940s. Because of their widespread use and their persistence in the environment, many PFAS are found in the blood of people and animals all over the world. There are thousands of different PFAS, some of which have been more widely used and studied than others. US EPA PFAS Explained. 

Background on TSCA  

The Toxic Substances Control Act (TSCA) of 1976 provides EPA with authority to require reporting, record-keeping, and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics, and pesticides. 

On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Chemical Safety Act) was signed into law. The Lautenberg Chemical Safety Act amends the Toxic Substances Control Act (TSCA), the nation’s primary chemicals management law. 

In accordance with obligations under TSCA, as amended by the National Defense Authorization Act for Fiscal Year 2020, EPA is requiring any person that manufactures (including import) or has manufactured (including imported) PFAS or PFAS-containing articles in any year since January 1, 2011, through December 31, 2022 to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards. TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances | US EPA 

On August 29, 2025, EPA submitted a proposed rule “Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Data Reporting and Recordkeeping under the Toxic Substances Control Act (TSCA); Revision to Regulation” to the Office of Budget and Management (OBM) for review. The proposed rule has not yet been published, and the provisions of the rule are not yet public. The Notice of Proposed Rulemaking is expected by the end of 2025. 

What are PFAS under TSCA?  

PFAS are synthetic organic compounds that do not occur naturally in the environment.  

For the purpose of this rule, EPA has defined “PFAS” as a chemical substance that contains at least one of the following three structures: 

  1. R-(CF2)-CF(R′)R″, where both the CF2 and CF moieties are saturated carbons. 
  2. R-CF2OCF2-R′, where R and R′ can either be F, O, or saturated carbons. 
  3. CF3C(CF3)R′R″, where R′ and R″ can either be F or saturated carbons. 

Under TSCA section 8(b), EPA maintains the TSCA Chemical Substance Inventory (“Inventory”), which contains all existing chemical substances manufactured, processed, or imported in the United States that do not qualify for an exemption or exclusion under TSCA. EPA has identified at least 1,462 PFAS currently covered by TSCA that may be covered by this rule as of February 2023, 770 of which are on the active Inventory (i.e., in U.S. commerce). The list of active chemicals includes those known to be in commerce after June 2006.  TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances | US EPA

Overview of TSCA 8(a)(7)  

Under TSCA section 8(a)(7), EPA must promulgate a rule to require each person who has manufactured (including imported) PFAS in any year since 2011 to report certain data to EPA, including: 

  1. The covered common or trade name, chemical identity, and molecular structure of each chemical substance or mixture; 
  2. Categories or proposed categories of use for each substance or mixture; 
  3. Total amount of each substance or mixture manufactured or processed, the amounts manufactured or processed for each category of use, and reasonable estimates of the respective proposed amounts; 
  4. Descriptions of byproducts resulting from the manufacture, processing, use, or disposal of each substance or mixture; 
  5. All existing information concerning the environmental and health effects of each substance or mixture; 
  6. The number of individuals exposed, and reasonable estimates on the number of individuals who will be exposed, to each substance or mixture in their places of work and the duration of their exposure, and; 
  7. The manner or method of disposal of each substance or mixture, and any change in such manner or method. 

TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances | US EPA 

Why does Cummins need this PFAS data?  

Cummins is collecting data pertaining to the PFAS content in our products from January 1, 2011, through calendar year 2022 (December 31, 2022). Cummins has identified your company as a supplier that may have data necessary for Cummins to complete its reporting obligation to TSCA’s Section 8(a)(7) Rule: Reporting and Recordkeeping Requirements for PFAS.  

References/Resources