SUPPLEMENTARY INFORMATION:

This is a proposed extension of the ICR, which is currently approved through November 30, 2026. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Public comments were previously requested via the Federal Register on November 13, 2025, during a 60-day comment period (90 FR 50923 (FRL-7902.3-01-OCSPP)). This notice allows for an additional 30 days for public comments. Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit www.epa.gov/​dockets.

Abstract: EPA is requiring reporting and recordkeeping requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) as amended by the Fiscal Year 2020 National Defense Authorization Act (NDAA). As mandated by the amendment, EPA will require certain persons that manufacture (including import) or have manufactured these chemical substances in any year since January 1, 2011, to electronically report to EPA certain information. This is a one-time reporting event to provide greater transparency on the uses and risks associated with PFAS and is mandated by the NDAA. While EPA is currently proposing an extension to the existing ICR, the reporting requirements that were identified in the published proposed rule, once finalized, will be submitted as a separate ICR action EPA intends to use information collected to assist in chemical assessments under TSCA, and to inform any additional work necessary under environmental protection mandates beyond TSCA. Respondents may claim some of the information reported to EPA under the proposed rule as CBI under TSCA section 14. TSCA section 14(c) requires a supporting statement and certification for confidentiality claims asserted after June 22, 2016.

The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized here:

Form Numbers: 9600-046.

Respondents/affected entities: Entities potentially affected by this ICR include non-exempt manufacturers (including importers) of PFAS in any year between January 1, 2011, and December 31, 2022.

Respondent's obligation to respond: Mandatory. 15 U.S.C. 2607(a)(7).

Estimated number of respondents: 131,410 (total).

Frequency of response: Once.

Total estimated burden: 3,878,744 hours (per year). Burden is defined at 5 CFR 1320.03(b).

Total estimated cost: $281 million (per year) and $266.7 million (per year) using a 3 percent and 7 percent discount rate, respectively, which includes $0 annualized capital or operation & maintenance costs.

Changes in the Estimates: There is no change in estimated industry burden. Once the revisions to the regulation are finalized, EPA expects a decrease of 3.4 million hours in the total estimated industry burden compared with the ICR currently approved by OMB. This decrease will reflect the modifications to the scope of the reporting regulation. EPA intends to amend the one-time PFAS reporting and recordkeeping regulation finalized on October 11, 2023 (88 FR 70516) (FRL-7902-02-OCSPP)), to incorporate the following exemptions to the scope of reportable manufacturing activities: a de minimis exemption of 0.1%; imported articles; byproducts; impurities; research and development (R&D) chemicals; and non-isolated intermediates. The number of affected entities is estimated to decrease from 131,411 firms to 255, and the number of reports is estimated to decrease from 67,548 to 1,461 reports.

91 FR 73228