What is TSCA8(a)(7)?
The Toxic Substances Control Act (TSCA) plays a crucial role in safeguarding people and the environment from harmful chemicals. Within TSCA is a specific provision known as 8(a)(7), which outlines requirements for reporting chemical substances and mixtures in commerce.
TSCA 8(a)(7) mandates that certain groups, including manufacturers and importers of chemicals, must provide information to the Environmental Protection Agency (EPA) about the production, processing, and use of these substances. This reporting helps the EPA assess potential risks associated with these chemicals and take appropriate regulatory actions to protect public health and the environment.
To learn more about TSCA8(a)(7), check out these following links:
How does this affect your company?
The recently finalized Toxic Substances Control Act (TSCA) 8(a)(7) PFAS rule requires companies that have manufactured (including imported) PFAS in any year since 1 January 2011 through 31 December 2022, to report information regarding PFAS uses, production volumes, disposal, exposures, and hazards
TSCA 8(a)(7) Basic Requirements:
Who is subject
Manufacturers and importers of PFAS in chemical and manufactured items between 2011 and 2022. (Each site of manufacture or import.)
What is required
One-time reporting requirement
PFAS uses, production volumes, disposal, exposures, and hazards
Which PFAS must be reported
The structural definition includes substances that contain structurally positioned carbon & fluorine.
Scope of products
Consumer, commercial and industrial products
Timeline
Reporting 12 November 2024 and 8 May 2025
Small manufacturers whose only obligation is due to import of articles have an additional six months to report
Exemptions
Foods, drugs, cosmetics, pesticides, tobacco, source and nuclear materials, firearms regulated under other federal laws
Functionality within 3E Exchange
Surveying for TSCA 8(a)(7) response data
Users will typically need to begin by collecting relevant supply chain data as stipulated in the TSCA 8(a)(7) rules. Our experts have curated a TSCA 8(a)(7) questionnaire template that can be easily added to your survey that collects supplier information needed for reporting and leaves an audit trail. Follow this guide to create your customized supplier survey.
As a note, when you add TSCA 8(a)(7) as a topic within your survey template, your Full Material Disclosure will automatically add 4 columns related to this TSCA regulation for your suppliers to add additional information. The four columns unique to TSCA 8(a)(7) are:
Physical State
TSCA Accession #
PMN #
OECD Industrial Function Codes - can be used to add PFAS "Roles" within response data questions.
These columns will ensure suppliers provide the correct and complete information. Complete the necessary steps to deliver the survey to your suppliers. When suppliers respond and you accept their data, it will automatically flow into your product records.
As TSCA 8(a)(7) focuses on both products and their packaging; when sending surveys to collect information, we suggest including both your product and its packaging within the survey.
When responding to a supplier survey, if your manufacturer only included the product, we suggest including packaging information within the Full Material Disclosure.
Viewing TSCA 8(a)(7) Data
First, you can make the new TSCA 8(a)(7) BOM columns visible for review. These columns will not be automatically enabled within your product/material view, and thus you will need to turn these columns on by editing your column views:
Within a product or material BOM, click on the columns dropdown at the top of the page, followed by clicking on edit column views.
In this next screen, you can enable or disable columns to show or hide them from your Bill of Materials. You can also drag and drop these columns to re-order them.
Auto Compliance Determinations
Your products and materials compliance determinations will initially default to the chemicals within the Bill of Materials and their weight compositions of the products. This is built-in screening logic for PFAS as defined by the EPA for TSCA 8(a)(7). Any known PFAS ingredients will be flagged red. This information will preview on the right side of the screen in the section called "Material Summary".
If you do not have chemical information, wish to add further context/information, or if you disagree with the compliance determination assigned for various reasons, you can affect your compliance status by adding response data.
The series of questions you see behind the "Add response data" button can all be added to a survey so that your supplier can respond to these questions directly.
Compliance Reporting
Quickly generate compliance reports for products and materials
Substances Data changes
Receive email notifications when regulations update and affect products or materials within your library. Then you can navigate to this section of 3E Exchange to see what substances were added or removed from a regulatory list.
Getting Help
If you have questions about using 3E Exchange or the material covered in this help article, reach out in chat in the bottom right-hand corner or email support@3eco.com.