PART 705—REPORTING AND RECORDKEEPING REQUIREMENTS FOR CERTAIN PER- AND POLYFLUOROALKYL SUBSTANCES Authority: 15 U.S.C. 2607(a)(7). Source: 88 FR 70548, Oct. 11, 2023, unless otherwise noted. § 705.1 Scope, compliance, and enforcement. (a) This part specifies reporting and recordkeeping procedures for manufacturers (including importers) of per- and polyfluoroalkyl substances (hereafter referred to as PFAS) under section 8(a)(7) of the Toxic Substances Control Act (TSCA). (b) TSCA section 15(3) makes it unlawful for any person to fail or refuse to submit information required under this part. In addition, TSCA section 15(3) makes it unlawful for any person to fail to keep, and permit access to, records required by this part. TSCA section 16 provides that any person who violates a provision of TSCA section 15 is liable to the United States for a civil penalty and may be criminally prosecuted. Pursuant to TSCA section 17, the Federal Government may seek judicial relief to compel submission of TSCA section 8(a) information and to otherwise restrain any violation of TSCA section 15. TSCA section 11 allows for inspections to assure compliance, and the Environmental Protection Agency's (EPA) Administrator may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents, answers to questions, and other information that the Administrator deems necessary. (c) Each person who reports under this part must maintain records that document information reported under this part and, in accordance with TSCA, permit access to, and the copying of, such records by EPA officials. § 705.3 Definitions. The definitions in this section and the definitions in TSCA section 3 apply to this part. In addition, the definitions in 40 CFR 704.3 also apply to this part, except the definition for small quantities solely for research and development. Article (1) Is formed to a specific shape or design during manufacture; (2) Has end use function(s) depending in whole or in part upon its shape or design during end use; and (3) Has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the article, and that result from a chemical reaction that occurs upon end use of other chemical substances, mixtures, or articles; except that fluids and particles are not considered articles regardless of shape or design. Central Data Exchange CDX Chemical Information Submission System CISS Commercial use Consumer use Environmental or health effects information (1) Not only is information that arises as a result of a formal, disciplined study included, but other information relating to the effects of a chemical substance or mixture containing a chemical substance on health or the environment is also included. Any information that bears on the effects of a chemical substance on health or the environment would be included. (2) Examples are: (i) Long- and short-term tests of mutagenicity, carcinogenicity, or teratogenicity; data on behavioral disorders; dermatoxicity; pharmacological effects; mammalian absorption, distribution, metabolism, and excretion; cumulative, additive, and synergistic effects; and acute, subchronic, and chronic effects. (ii) Tests for ecological or other environmental effects on invertebrates, fish, or other animals, and plants, including acute toxicity tests, chronic toxicity tests, critical life-stage tests, behavioral tests, algal growth tests, seed germination tests, plant growth or damage tests, microbial function tests, bioconcentration or bioaccumulation tests, and model ecosystem (microcosm) studies. (iii) Assessments of human and environmental exposure, including workplace exposure, and impacts of a particular chemical substance or mixture containing a chemical substance on the environment, including surveys, tests, and studies of: Biological, photochemical, and chemical degradation; structure/activity relationships; air, water, and soil transport; biomagnification and bioconcentration; and chemical and physical properties, e.g., (iv) Monitoring data, including but not limited to when they have been aggregated and analyzed to measure the exposure of humans or the environment to a chemical substance or mixture containing a chemical substance. Health and safety studies (1) The name, address, or other identifying information for the submitting company, including identification of the laboratory that conducted the study in cases where the laboratory is part of or closely affiliated with the submitting company; (2) Internal product codes ( i.e., (3) Names and contact details for testing laboratory personnel and names and other private information for health and safety study participants or persons involved in chemical incidents such as would typically be withheld under 5 U.S.C. 552(b)(6) or under other privacy laws; and (4) Information pertaining to test substance product development, advertising, or marketing plans, or to cost and other financial data. Highest-level U.S. parent company (1) If the site is entirely owned by a single U.S. company that is not owned by another company, that single company is the U.S. parent company. (2) If the site is entirely owned by a single U.S. company that is, itself, owned by another U.S.-based company ( e.g., (3) If the site is owned by more than one company ( e.g., e.g., (4) If the site is owned by a 50:50 joint venture or a cooperative, the joint venture or cooperative is its own parent company. If the site is owned by a U.S. joint venture or cooperative, the highest level of the joint venture or cooperative is the U.S. parent company. (5) If the site is federally owned, the highest-level Federal agency or department is the U.S. parent company. (6) If the site is owned by a non-Federal public entity, that entity (such as a municipality, State, or tribe) is the U.S. parent company. Industrial function Industrial use Intended for use by children (1) Is the product commonly recognized ( i.e., (2) Does the manufacturer of the product state through product labeling or other written materials that the product is intended for or will be used by children aged 14 or younger? (3) Is the advertising, promotion, or marketing of the product aimed at children aged 14 or younger? Known to or reasonably ascertainable by Manufacture Manufacture for commercial purposes (1) To import, produce, or manufacture with the purpose of obtaining an immediate or eventual commercial advantage for the manufacturer, and includes among other things, such “manufacture” of any amount of a chemical substance or mixture containing a chemical substance: (i) For commercial distribution, including for test marketing; and/or (ii) For use by the manufacturer, including use for product research and development, or as an intermediate. (2) Manufacture for commercial purposes also applies to substances that are produced coincidentally during the manufacture, processing, use, or disposal of another substance or mixture containing a chemical substance, including both byproducts that are separated from that other substance or mixture containing a chemical substance and impurities that remain in that substance or mixture containing a chemical substance. Such byproducts and impurities may, or may not, in themselves have commercial value. They are nonetheless produced for the purpose of obtaining a commercial advantage since they are part of the manufacture of a chemical product for a commercial purpose. Per- and polyfluoroalkyl substances PFAS (1) R-(CF 2 2 (2) R-CF 2 2 (3) CF 3 3 Possession or control (1) In files maintained by submitter's employees who are: (i) Associated with research, development, test marketing, or commercial marketing of the chemical substance in question; and/or (ii) Reasonably likely to have such data. (2) Maintained in the files of other agents of the submitter who are associated with research, development, test marketing, or commercial marketing of the chemical substance in question in the course of their employment as such agents. Research and development (R&D) Site-limited Worker § 705.5 Substances for which reports must be submitted. The requirements of this part apply to all chemical substances and mixtures containing a chemical substance (including articles) that are a PFAS, consistent with the definition of PFAS at § 705.3. § 705.10 Persons who must report. Persons who have manufactured for commercial purposes a chemical substance identified in § 705.5 at any period from January 1, 2011, through the end of the last calendar year prior to November 13, 2023, except as described in § 705.12, is subject to the requirements of this part. § 705.12 Activities for which reporting is not required. Reporting under this part is not required for the import of municipal solid waste streams for the purpose of disposal or destruction of the waste. Additionally, reporting is not required for a Federal agency which imports PFAS when it is not for any immediate or eventual commercial advantage. § 705.15 What information to report. For the one-time submission, persons identified in § 705.10 must report to EPA, for each site of each of the chemical substances identified in § 705.5, the following information to the extent known to or reasonably ascertainable by them, except as allowed under § 705.18. In the event that actual data is not known to or reasonably ascertainable by the submitter, then reasonable estimates may be submitted: (a) Company and plant site information. (1) The highest-level U.S. parent company name, address, and Dun and Bradstreet D-U-N-S® (D&B) number, if one exists. (2) The name of a person who will serve as Authorized Official for the submitter company, and who will be able to sign the certification statement as described in § 705.30(d), the Authorized Official's full mailing address, telephone number, and email address. (3) The name of a person who will serve as technical contact for the submitter company, and who will be able to answer questions about the information submitted by the company to EPA, the contact person's full mailing address, telephone number, and email address. (4) The name, full street address, and six-digit North American Industry Classification System (NAICS) code(s) of the site. A submitter under this part must include the appropriate D&B number for each plant site reported, and the county or parish (or other jurisdictional indicator) in which the plant site is located. A submitter under this part must obtain a D&B number for the site reported if none exists. A submitter under this part must also provide other site identification numbers, including the Facility Registry Service (FRS) identification number, if they exist. (b) Chemical-specific information. (1) The common or trade name, the chemical identity, and, except for chemical substances that are Class 1 substances on the TSCA Inventory, the representative molecular structure of each PFAS for which such a report is required. (i) The specific, currently correct Chemical Abstracts (CA) Index name as used to list the chemical substance on the TSCA Inventory and the correct corresponding Chemical Abstracts Service Registry Number (CASRN) for each reportable PFAS at each site. Submitters who wish to report chemical substances listed on the confidential portion of the TSCA Inventory will need to report the chemical substance using a TSCA Accession Number. If a submitter has a low-volume exemption (LVE) case number for the chemical substance, that number may also be used if a CASRN is not known to or reasonably ascertainable by the submitter. (ii) In addition to reporting the number itself, submitters must specify the type of number they are reporting by selecting from among the codes in table 1 to this paragraph (b)(1)(ii). Table 1 to Paragraph ( b ii Code Number type A TSCA Accession Number. C Chemical Abstracts Service Registry Number (CASRN). L Low-volume exemption (LVE) case number. (iii) If the CASRN or specific identifier ( i.e., e.g., i.e., (2) The physical form(s) of the PFAS as it is sent off-site from each site. If the PFAS is site-limited, you must report the physical form(s) of the PFAS at the time it is reacted on-site to produce a different chemical substance. For each PFAS at each site, the submitter must report as many physical forms as applicable from among the physical forms listed in this unit: (i) Dry powder. (ii) Pellets or large crystals. (iii) Water- or solvent-wet solid. (iv) Other solid. (v) Gas or vapor. (vi) Liquid. (c) Categories of use. (1) Industrial processing and use information. Table 2 to Paragraph ( c Designation Operation PC Processing as a reactant. PF Processing—incorporation into formulation, mixture, or reaction product. PA Processing—incorporation into article. PK Processing—repackaging. U Use—non-incorporative activities. (2) Corresponding sector code. Table 3 to Paragraph ( c Code Sector description IS1 Agriculture, forestry, fishing, and hunting. IS2 Oil and gas drilling, extraction, and support activities. IS3 Mining (except oil and gas) and support activities. IS4 Utilities. IS5 Construction. IS6 Food, beverage, and tobacco product manufacturing. IS7 Textiles, apparel, and leather manufacturing. IS8 Wood product manufacturing. IS9 Paper manufacturing. IS10 Printing and related support activities. IS11 Petroleum refineries. IS12 Asphalt paving, roofing, and coating materials manufacturing. IS13 Petroleum lubricating oil and grease manufacturing. IS14 All other petroleum and coal products manufacturing. IS15 Petrochemical manufacturing. IS16 Industrial gas manufacturing. IS17 Synthetic dye and pigment manufacturing. IS18 Carbon black manufacturing. IS19 All other basic inorganic chemical manufacturing. IS20 Cyclic crude and intermediate manufacturing. IS21 All other basic organic chemical manufacturing. IS22 Plastics material and resin manufacturing. IS23 Synthetic rubber manufacturing. IS24 Organic fiber manufacturing. IS25 Pesticide, fertilizer, and other agricultural chemical manufacturing. IS26 Pharmaceutical and medicine manufacturing. IS27 Paint and coating manufacturing. IS28 Adhesive manufacturing. IS29 Soap, cleaning compound, and toilet preparation manufacturing. IS30 Printing ink manufacturing. IS31 Explosives manufacturing. IS32 Custom compounding of purchased resins. IS33 Photographic film, paper, plate, and chemical manufacturing. IS34 All other chemical product and preparation manufacturing. IS35 Plastics product manufacturing. IS36 Rubber product manufacturing. IS37 Non-metallic mineral product manufacturing (includes cement, clay, concrete, glass, gypsum, lime, and other non-metallic mineral product manufacturing). IS38 Primary metal manufacturing. IS39 Fabricated metal product manufacturing. IS40 Machinery manufacturing. IS41 Computer and electronic product manufacturing. IS42 Electrical equipment, appliance, and component manufacturing. IS43 Transportation equipment manufacturing. IS44 Furniture and related product manufacturing. IS45 Miscellaneous manufacturing. IS46 Wholesale and retail trade. IS47 Services. IS48 Other (requires additional information). (3) Corresponding function category. Table 4 to Paragraph ( c Code Category F001 Abrasives. F002 Etching agent. F003 Adhesion/cohesion promoter. F004 Binder. F005 Flux agent. F006 Sealant (barrier). F007 Absorbent. F008 Adsorbent. F009 Dehydrating agent (desiccant). F010 Drier. F011 Humectant. F012 Soil amendments (fertilizers). F013 Anti-adhesive/cohesive. F014 Dusting agent. F015 Bleaching agent. F016 Brightener. F017 Anti-scaling agent. F018 Corrosion inhibitor. F019 Dye. F020 Fixing agent (mordant). F021 Hardener. F022 Filler. F023 Anti-static agent. F024 Softener and conditioner. F025 Swelling agent. F026 Tanning agents not otherwise specified. F027 Waterproofing agent. F028 Wrinkle resisting agent. F029 Flame retardant. F030 Fuel agents. F031 Fuel. F032 Heat transferring agent. F033 Hydraulic fluids. F034 Insulators. F035 Refrigerants. F036 Anti-freeze agent. F037 Intermediate. F038 Monomers. F039 Ion exchange agent. F040 Anti-slip agent. F041 Lubricating agent. F042 Deodorizer. F043 Fragrance. F044 Oxidizing agent. F045 Reducing agent. F046 Photosensitive agent. F047 Photosensitizers. F048 Semiconductor and photovoltaic agent. F049 UV stabilizer. F050 Opacifer. F051 Pigment. F052 Plasticizer. F053 Plating agent. F054 Catalyst. F055 Chain transfer agent. F056 Chemical reaction regulator. F057 Crystal growth modifiers (nucleating agents). F058 Polymerization promoter. F059 Terminator/Blocker. F060 Processing aids, specific to petroleum production. F061 Antioxidant. F062 Chelating agent. F063 Defoamer. F064 pH regulating agent. F065 Processing aids not otherwise specified. F066 Energy Releasers (explosives, motive propellant). F067 Foamant. F068 Propellants, non-motive (blowing agents). F069 Cloud-point depressant. F070 Flocculating agent. F071 Flotation agent. F072 Solids separation (precipitating) agent, not otherwise specified. F073 Cleaning agent. F074 Diluent. F075 Solvent. F076 Surfactant (surface active agent). F077 Emulsifier. F078 Thickening agent. F079 Viscosity modifiers. F080 Laboratory chemicals. F081 Dispersing agent. F082 Freeze-thaw additive. F083 Surface modifier. F084 Wetting agent (non-aqueous). F085 Aerating and deaerating agents. F086 Explosion inhibitor. F087 Fire extinguishing agent. F088 Flavoring and nutrient. F089 Anti-redeposition agent. F090 Anti-stain agent. F091 Anti-streaking agent. F092 Conductive agent. F093 Incandescent agent. F094 Magnetic element. F095 Anti-condensation agent. F096 Coalescing agent. F097 Film former. F098 Demulsifier. F099 Stabilizing agent. F100 Alloys. F101 Density modifier. F102 Elasticizer. F103 Flow promoter. F104 Sizing agent. F105 Solubility enhancer. F106 Vapor pressure modifiers. F107 Embalming agent. F108 Heat stabilizer. F109 Preservative. F110 Anti-caking agent. F111 Deflocculant. F112 Dust suppressant. F113 Impregnation agent. F114 Leaching agent. F115 Tracer. F116 X-ray absorber. F999 Other. (4) Consumer and commercial use information. Table 5 to Paragraph ( c Code Category Chemical Substances in Furnishing, Cleaning, Treatment Care Products CC101 Construction and building materials covering large surface areas including stone, plaster, cement, glass and ceramic articles; fabrics, textiles, and apparel. CC102 Furniture & furnishings including plastic articles (soft); leather articles. CC103 Furniture & furnishings including stone, plaster, cement, glass and ceramic articles; metal articles; or rubber articles. CC104 Leather conditioner. CC105 Leather tanning, dye, finishing, impregnation and care products. CC106 Textile (fabric) dyes. CC107 Textile finishing and impregnating/surface treatment products. CC108 All-purpose foam spray cleaner. CC109 All-purpose liquid cleaner/polish. CC110 All-purpose liquid spray cleaner. CC111 All-purpose waxes and polishes. CC112 Appliance cleaners. CC113 Drain and toilet cleaners (liquid). CC114 Powder cleaners (floors). CC115 Powder cleaners (porcelain). CC116 Dishwashing detergent (liquid/gel). CC117 Dishwashing detergent (unit dose/granule). CC118 Dishwashing detergent liquid (hand-wash). CC119 Dry cleaning and associated products. CC120 Fabric enhancers. CC121 Laundry detergent (unit-dose/granule). CC122 Laundry detergent (liquid). CC123 Stain removers. CC124 Ion exchangers. CC125 Liquid water treatment products. CC126 Solid/Powder water treatment products. CC127 Liquid body soap. CC128 Liquid hand soap. CC129 Solid bar soap. CC130 Air fresheners for motor vehicles. CC131 Continuous action air fresheners. CC132 Instant action air fresheners. CC133 Anti-static spray. CC134 Apparel finishing, and impregnating/surface treatment products. CC135 Insect repellent treatment. CC136 Pre-market waxes, stains, and polishes applied to footwear. CC137 Post-market waxes, and polishes applied to footwear (shoe polish). CC138 Waterproofing and water-resistant sprays. Chemical Substances in Construction, Paint, Electrical, and Metal Products CC201 Fillers and putties. CC202 Hot-melt adhesives. CC203 One-component caulks. CC204 Solder. CC205 Single-component glues and adhesives. CC206 Two-component caulks. CC207 Two-component glues and adhesives. CC208 Adhesive/Caulk removers. CC209 Aerosol spray paints. CC210 Lacquers, stains, varnishes and floor finishes. CC211 Paint strippers/removers. CC212 Powder coatings. CC213 Radiation curable coatings. CC214 Solvent-based paint. CC215 Thinners. CC216 Water-based paint. CC217 Construction and building materials covering large surface areas, including wood articles. CC218 Construction and building materials covering large surface areas, including paper articles; metal articles; stone, plaster, cement, glass and ceramic articles. CC219 Machinery, mechanical appliances, electrical/electronic articles. CC220 Other machinery, mechanical appliances, electronic/electronic articles. CC221 Construction and building materials covering large surface areas, including metal articles. CC222 Electrical batteries and accumulators. Chemical Substances in Packaging, Paper, Plastic, Toys, Hobby Products CC990 Non-TSCA use. CC301 Packaging (excluding food packaging), including paper articles. CC302 Other articles with routine direct contact during normal use, including paper articles. CC303 Packaging (excluding food packaging), including rubber articles; plastic articles (hard); plastic articles (soft). CC304 Other articles with routine direct contact during normal use including rubber articles; plastic articles (hard). CC305 Toys intended for children's use (and child dedicated articles), including fabrics, textiles, and apparel; or plastic articles (hard). CC306 Adhesives applied at elevated temperatures. CC307 Cement/concrete. CC308 Crafting glue. CC309 Crafting paint (applied to body). CC310 Crafting paint (applied to craft). CC311 Fixatives and finishing spray coatings. CC312 Modelling clay. CC313 Correction fluid/tape. CC314 Inks in writing equipment (liquid). CC315 Inks used for stamps. CC316 Toner/Printer cartridge. CC317 Liquid photographic processing solutions. Chemical Substances in Automotive, Fuel, Agriculture, Outdoor Use Products CC401 Exterior car washes and soaps. CC402 Exterior car waxes, polishes, and coatings. CC403 Interior car care. CC404 Touch up auto paint. CC405 Degreasers. CC406 Liquid lubricants and greases. CC407 Paste lubricants and greases. CC408 Spray lubricants and greases. CC409 Anti-freeze liquids. CC410 De-icing liquids. CC411 De-icing solids. CC412 Lock de-icers/releasers. CC413 Cooking and heating fuels. CC414 Fuel additives. CC415 Vehicular or appliance fuels. CC416 Explosive materials. CC417 Agricultural non-pesticidal products. CC418 Lawn and garden care products. Chemical Substances in Products Not Described by Other Codes CC980 Other (specify). CC990 Non-TSCA use. (5) Applicable codes for each commercial and consumer products. (6) Commercial and consumer products. (7) Consumer product category. (8) Concentrations of PFAS. i.e., Table 6 to Paragraph (c) Code Concentration range M1 Less than 1% by weight. M2 At least 1 but less than 30% by weight. M3 At least 30 but less than 60% by weight. M4 At least 60 but less than 90% by weight. M5 At least 90% by weight. (d) Manufactured amounts. (1) Total volume. (2) Site designation. (3) Volume imported. (4) Production volume. (5) Site production volume. (6) Site-limited. (7) Volume recycled. (e) Byproduct reporting. (1) Byproduct identification. (i) In addition to reporting the number itself, submitters must specify the type of number they are reporting by selecting from among the codes in table 1 to paragraph (b)(1)(ii) of this section. (ii) If the specific chemical identity of the byproduct is unknown to the submitter, the submitter may provide a description of the chemical substance. (iii) An indication of which specific PFAS activity(ies) ( i.e., (2) Releases. i.e., (3) Volume. (f) Environmental and health effects. (1) Organization for Economic Cooperation and Development (OECD) Harmonized Templates. (2) Human health data—preliminary studies. (3) Analytical tests. (g) Worker exposure data. (1) Employment activities. (2) Number of workers. i.e., Table 7 to Paragraph ( g Code Range W1 Fewer than 10 workers. W2 At least 10 but fewer than 25 workers. W3 At least 25 but fewer than 50 workers. W4 At least 50 but fewer than 100 workers. W5 At least 100 but fewer than 500 workers. W6 At least 500 but fewer than 1,000 workers. W7 At least 1,000 but fewer than 10,000 workers. W8 At least 10,000 workers. (3) Exposure scenarios. (i) The daily exposure duration (in hours per day) in the case of the worker with greatest annual exposure frequency ( i.e., (ii) The annual exposure frequency (in days per year) in the case of the worker with greatest daily exposure duration ( i.e., (4) Exposure by category. i.e., (5) Duration of exposure industrial use. (i) The daily exposure duration (in hours per day) in the case of the worker with the greatest annual exposure frequency ( i.e., (ii) The annual exposure frequency (in days per year) in the case of the worker with the greatest daily exposure duration ( i.e., (6) Commercial workers. i.e., (7) Duration of exposure commercial use. (i) The daily exposure duration (in hours per day) in the case of the worker with greatest annual exposure frequency ( i.e., (ii) The annual exposure frequency (in days per year) in the case of the worker with greatest daily exposure duration ( i.e., (h) Disposal data. (1) Categories of disposal methods. Table 8 to Paragraph ( h Code Disposal method D1 On-site land disposal: Resource Conservation and Recovery Act (RCRA) Class C landfill (hazardous). D2 On-site land disposal: other landfill. D3 Other on-site land disposal. D4 On-site underground injection (UIC). D5 Off-site land disposal: RCRA Class C landfill (hazardous). D6 Off-site land disposal: other landfill. D7 On-site incineration. D8 Off-site incineration. D9 Publicly owned treatment works (POTW). D10 Other off-site waste transfer. D11 Release to surface water. D12 Release to air (stack emissions). D13 Release to air (fugitive emissions). D99 Other. (2) Disposal processes. (3) Disposal volume. (4) Incineration volume. [88 FR 70548, Oct. 11, 2023; 89 FR 72340, Sept. 5, 2024] § 705.18 Article importer and R&D substance reporting options. For the one-time submission, certain manufacturers have the option to use a streamlined reporting form if they do not know nor can reasonably ascertain information requested under § 705.15, beyond what is listed in this part. Paragraph (a) of this section lists the information which a manufacturer who has imported a PFAS within an article must report to the extent they know or can reasonably ascertain. Paragraph (b) of this section lists the information that manufacturers of PFAS that are solely R&D substances manufactured in volumes no greater than 10 kilograms per year must report to the extent they know or can reasonably ascertain. (a) Article reporting. (1) Company and plant site information. (2) Chemical-specific information. (i) The common or trade name, the chemical identity, and, except for chemical substances that are Class 1 substances on the TSCA Inventory (Inventory), the representative molecular structure of each PFAS for which such a report is required. Submitters who wish to report chemical substances listed on the confidential portion of the Inventory will need to report the chemical substance using a TSCA Accession Number. If a submitter has a low-volume exemption (LVE) case number for the chemical substance, that number may also be used if a CASRN is not known to or reasonably ascertainable by the submitter. In addition to reporting the number itself, submitters must specify the type of number they are reporting by selecting from among the codes in table 1 to § 705.15(b)(1)(ii). (ii) If the specific chemical identity of the PFAS imported in an article is not known to or reasonably ascertainable to the submitter ( e.g., (3) Categories of use. (i) Industrial processing and use information. (ii) Industrial activities sector. (iii) Sector specific function categories. (iv) Consumer and commercial use information. (v) Product specific function categories. (vi) Consumer or commercial use designation. (vii) In or on consumer products intended for children. (viii) Estimated maximum concentration. i.e., Table 1 to Paragraph (a)(3)(viii) Code Concentration range AM1 Less than 0.1% by weight. AM2 At least 0.1% but less than 1% by weight. AM3 At least 1% but less than 10% by weight. AM4 At least 10% but less than 30% by weight. AM5 At least 30% by weight. (4) Imported article production volume. Table 2 to Paragraph (a)(4) Code Unit of measurement LB Pounds. TN Tons. QT Quantity of imported article. O Other (must specify). (5) Additional article data. (b) Research and development (R&D). (1) Company and plant site information. (2) Chemical-specific information. (i) The common or trade name, the chemical identity, and, except for chemical substances that are Class 1 substances on the TSCA Inventory, the representative molecular structure of each PFAS for which such a report is required. Submitters who wish to report chemical substances listed on the confidential portion of the TSCA Inventory will need to report the chemical substance using a TSCA Accession Number. If a submitter has a low-volume exemption (LVE) case number for the chemical substance, that number may also be used if a CASRN is not known to or reasonably ascertainable by the submitter. In addition to reporting the number itself, submitters must specify the type of number they are reporting by selecting from among the codes in table 1 to § 705.15(b)(1)(ii). (ii) If the specific chemical identity of the PFAS is not known to or reasonably ascertainable to the submitter ( e.g., (3) Production volume. (i) A designation indicating, for each PFAS at each site, whether any imported PFAS is ever physically present at the reporting site. (ii) [Reserved] (4) Additional R&D data. § 705.20 When to report. (a) All information reported to EPA in response to the requirements of this part must be submitted during the applicable submission period. For all reporters submitting information pursuant to §§ 705.15 and 705.18(b) (research and development), the submission period shall begin January 31, 2027, or 60 days following the date provided in paragraph (c) of this section, whichever is earlier, and last for six months. (b) For any reporter who is reporting under this part exclusively pursuant to § 705.18(a) (article importers) and is also considered a small manufacturer under the definition at 40 CFR 704.3, the submission period shall begin January 31, 2027, or 60 days following the date provided in paragraph (c) of this section, whichever is earlier, and last for twelve months. (c) EPA intends to publish a document in the Federal Register [91 FR 18789, Apr. 13, 2026] § 705.22 Duplicative reporting. Any person covered in this part may notify EPA through the electronic reporting system in § 705.35 that certain information has already been submitted to EPA, and any such person does not need to re-submit the information. The notification must include the statutory and regulatory provision under which the information was submitted and in which year it was submitted. This ability is limited to the type of information listed in this section. If the previous submission did not account for all information required to be submitted pursuant to this part ( e.g., (a) Chemical Data Reporting rule. (1) Chemical description. (2) Sector description. (3) Product category. (4) Workers. (5) Volume. (b) Greenhouse Gas Reporting rule. (1) Imported. (2) Exported. (3) Incinerated. (c) Toxics Release Inventory reporting rule. (1) Recycled. (2) Disposal. (3) Release to land. (4) Release to water. (5) Release to air. (6) Incinerated. (d) TSCA sections 8(d) and 8(e) reporting. (e) Byproduct reporting. (1) Incineration. i.e., (2) Byproduct volume. (f) Environmental and health effects information. e.g., (g) Reporting timeframe. § 705.25 Recordkeeping requirements. Each person who is subject to the reporting requirements of this part must retain records that document any information reported to EPA. Relevant records must be retained for a period of 5 years beginning on the last day of the submission period. § 705.30 Confidentiality claims. (a) Making confidentiality claims Generally. (2) Exceptions. (i) Specific chemical identity if the chemical is on the public (non-confidential) TSCA Inventory or reported as non-confidential in an LVE; (ii) For processing and use data elements required by §§ 705.15(c)(1) through (7) and 705.18(a)(3)(i) through (vii); (iii) When a response is left blank or designated as “not known or reasonably ascertainable;” (iv) For specific chemical identity by submitters of article importer forms described in § 705.18(a); (v) For all generic chemical names; (vi) For any PFAS that are on the public (non-confidential) TSCA Inventory, the chemical's CASRN; (vii) For the Inventory Accession Numbers for PFAS that are on the confidential TSCA Inventory; or, (viii) For LVE numbers. (3) All existing information concerning environmental and health effects. (ii) If any information submitted under § 705.15(f) is claimed as confidential business information, a person who submits the information must provide EPA, at the time of submission, a sanitized copy for public release, removing only that information that is claimed as confidential business information. (iii) Any person who has previously submitted information under § 705.15(f) and claimed it as confidential business information is required to reassert and re-substantiate the confidential business information claim if they seek to maintain the claim of confidential business information. Such persons are required to submit s a revised sanitized copy. (b) Substantiation of confidentiality claims. (2) Confidentiality claims for the following data elements are exempt from the substantiation requirement in paragraph (b)(1) of this section: (i) Volume. (ii) Primary submitter. (iii) Secondary submitter. (c) Marking information claimed as confidential business information in confidentiality substantiation documentation. (d) Certification statement for claims. “I certify that all claims for confidentiality asserted with this submission are true and correct, and all information submitted herein to substantiate such claims is true and correct. Any knowing and willful misrepresentation is subject to criminal penalty pursuant to 18 U.S.C. 1001. I further certify that: (1) I have taken reasonable measures to protect the confidentiality of the information; (2) I have determined that the information is not required to be disclosed or otherwise made available to the public under any other Federal law; (3) I have a reasonable basis to conclude that disclosure of the information is likely to cause substantial harm to the competitive position of my company; and (4) I have a reasonable basis to believe that the information is not readily discoverable through reverse engineering.” (e) Substantiation requirements for all types of confidentiality claims. (1) Substantial harm due to release. substantial? likely i.e., possible e.g., (2) Precautions to protect confidentiality. (3) Disclosure under Federal law or publicly available information. (ii) Does any of the information claimed as confidential business information otherwise appear in any public documents, including (but not limited to) safety data sheets; advertising or promotional material; professional or trade publications; state, local, or Federal agency files; or any other media or publications available to the general public? If yes, please explain why the information should be treated as confidential. If this chemical is patented and the patent reveals the information you are claiming to be confidential business information, please explain your reasons for believing the information is nonetheless still confidential. (4) Duration of claims. (5) Previously disclosed information. (f) Additional requirements for specific chemical identity. (1) Chemical substance in U.S. commerce. e.g., “I certify that on the date referenced, I searched the internet for the chemical substance identity ( i.e., (2) Leave manufacturing site. e.g., (3) Chemical identity. e.g., (4) Chemical name. (g) Joint submissions. (h) No claim of confidentiality. e.g., § 705.35 Electronic reporting. You must use CDX to complete and submit the reporting form required under this part. Submissions may only be made as set forth in this section. Submissions must be sent electronically to EPA via CDX. The information submitted and all attachments (unless the attachment appears in scientific literature) must be in English. All information must be true and correct. Access the PFAS 8(a)(7) reporting tool and instructions, as follows: (a) By website. https://cdx.epa.gov/ (b) By phone or email. [email protected].