EPA Proposes Significant Narrowing of PFAS Reporting Rule Under TSCA

On November 10, 2025, the U.S. Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that would substantially narrow the scope of per- and polyfluoroalkyl substances (“PFAS”) reporting obligations under section 8(a)(7) of the Toxic Substances Control Act (“TSCA”). Notably, this proposal includes an exemption for imported articles, a major shift from the original 2023 rule. The public has until December 29, forty-five days from the rule’s official publication in the Federal Register, to comment.

Background: Original TSCA PFAS Reporting Rule

Finalized in October 2023, the original rule required manufacturers and importers of PFAS and PFAS-containing articles to report detailed data on activities dating back to January 1, 2011. Importantly, the rule lacked standard TSCA exemptions, drawing widespread concern for creating excessive compliance burdens—particularly on companies importing finished products containing trace levels of PFAS.

Key Proposed Exemptions

EPA now proposes to ease compliance by incorporating traditional exemptions found in other TSCA rules. Proposed exemptions include:

1. PFAS imported as part of an article
2. PFAS present in mixtures or articles below 0.1% (de minimis)
3. PFAS present as impurities
4. Byproduct PFAS not used for commercial purposes, including those formed incidentally during end use or exposure
5. Non-isolated intermediates
6. PFAS used in small quantities for research and development

Additionally, EPA is requesting feedback on whether to add a production volume threshold—mirroring the 25,000 lbs. (or 2,500 lbs.) exemption in the TSCA Chemical Data Reporting rule.

Revised Reporting Timeline

EPA is proposing to shift the reporting window from the originally scheduled period of April 13, 2026, to October 13, 2026. Under the new timeline:

• Reporting will begin sixty days after the effective date of the final rule.
• The submission window will last for three months, not six.

The EPA cited the need for additional time to develop and test the electronic reporting software (Central Data Exchange, or CDX) and to potentially incorporate changes based on industry feedback and a recent executive order to reduce regulatory burdens.

Key Provisions Unchanged

Several core aspects of the 2023 rule remain intact:

• The reporting lookback period remains January 1, 2011, to December 31, 2022.
• The PFAS definition is unchanged. Below are the generic chemical formulas used by regulatory bodies upon which EPA relies to define broad categories of PFAS based on their core structures.
  • R-(CF₂)-CF(R’)R”
  • R-CF₂OCF₂-R’
  • CF₃C(CF₃)R’-R”
• The “known to or reasonably ascertainable by” standard for due diligence continues to apply.

EPA is, however, seeking comment on whether to limit reportable PFAS to those with CASRN, TSCA Accession Numbers, or LVE Numbers.

Policy Rationale

According to EPA, the goal of this proposal is to make the rule more implementable, reduce duplicative and unnecessary reporting, and align with congressional intent. EPA Administrator Lee Zeldin emphasized that the initial rule risked imposing nearly $1 billion in compliance costs, labeling it a “crushing regulatory burden,” especially for small businesses. In contrast, the proposed revisions aim to preserve critical data collection without overburdening the regulated community.

What Should Businesses Do?

EPA is explicitly inviting comment on all aspects of the proposed changes, particularly:

• the newly proposed exemptions,
• the revised submission period, and
• the possibility of a production volume threshold.

Stakeholders—especially importers, manufacturers, and those involved in supply chain compliance—should strongly consider submitting comments during the forty-five-day public comment period.