PFAS Observer
Recently, Congress allocated approximately $17 million in EPA’s fiscal year 2025 budget to modernize outdated technical systems and accelerate chemical reviews which may help resolve ongoing concerns about the functionality and security of the agency’s Central Data Exchange (CDX), a key platform supporting the TSCA program (Sec. 1801(7) of H.R. 1968).
Under Section 8(a) of TSCA, manufacturers and importers submit detailed information to EPA every four years regarding the manufacture, importation, and use of chemical substances in U.S. commerce through EPA’s CDX system. This statutory provision—specifically, subsection (7)—also provides the authority for the controversial one-time PFAS Reporting Rule, the final reporting deadline for which is in early 2026.
In anticipation of the 2024 CDR cycle, EPA launched “CDR GuideME,” a resource portal designed to centralize guidance documents and training materials. Additionally, EPA enhanced the CDX system by incorporating updated reporting codes, offering bulk upload templates and improving functionalities related to Confidential Business Information (CBI) claims. These advancements reflect EPA’s attempt to improve data integrity and its responsiveness to industry feedback. However, despite these advancements, the 2024 CDR reporting period encountered technical issues that prompted the EPA to extend the submission deadline from September 30 to November 22, 2024.
Similarly, on September 5, 2024, the EPA announced an eight-month postponement of the reporting period for the one-time data collection rule concerning per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of TSCA. The original rule had set the reporting window to commence on November 12, 2024, and conclude on May 8, 2025, for most entities. However, EPA extended these deadlines to July 11, 2025, and January 11, 2026, respectively.
With the $17M dedicated to technical improvements at EPA, industry can expect continued progress in refining its reporting systems. In the meantime, industry must utilize the available resources and stay informed about any updates to reporting requirements or tools. The bigger picture, of course, is that, despite the current climate of regulatory rollbacks within the agency, the earmarking of these funds signifies EPA’s intent to follow through on the one-time PFAS Reporting Rule. As Pillsbury has stated in prior posts, this rule amounts to a de facto EPA-mandated supply chain investigation for PFAS for importers, and for manufacturers, a disclosure of the PFAS that they create and produce.
Pillsbury attorneys will continue to monitor EPA’s technical advancements in chemical reporting and the broader developments in environmental regulation.
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