EPA Proposes Amendments to One-Time PFAS Reporting Rule
The U.S. Environmental Protection Agency ("EPA") proposes new exemptions to the Toxic Substances Control Act ("TSCA") Section 8(a)(7) Per- and Polyfluoroalkyl Substances ("PFAS") Reporting and Recordkeeping Rule, which collects data on PFAS chemicals.
In accordance with a Trump administration directive, EPA has published a proposed rule amending the one-time PFAS reporting and recordkeeping regulation promulgated under TSCA Section 8(a)(7). The 2023 regulation requires any person who manufactured or imported PFAS chemicals between 2011 and 2022 to report information regarding uses, production volumes, disposal, exposures, and hazards. The current rule casts a wide net, extending to PFAS that are merely byproducts or unintentional results of other products as well as PFAS in articles.
The proposed amendment would establish a series of exemptions designed to substantially reduce reporting obligations for manufacturers and importers. These exemptions include a de minimis carve-out for PFAS concentrations in mixtures or articles below 0.1%, as well as exemptions for imported articles, byproducts, impurities, research and development, and non-isolated intermediates. EPA is further proposing technical corrections to clarify reporting requirements in certain data fields and adjust the submission period. If adopted, the proposed rule will require submissions to begin 60 days after the effective date of the final rule and continue for a period of three months. This eliminates the previous 12-month deadline for small manufacturers reporting as article importers.
EPA justifies the proposed rule on the basis that the new exemptions preserve statutory reporting obligations, while relieving manufacturers and importers from the burden of collecting information that is unascertainable or unlikely to exist. EPA believes this will alleviate the heavy compliance burden under the current rule, particularly for small entities, and eliminate reporting that is unnecessary under TSCA obligations. In support of each proposed exemption, EPA cites considerations, such as difficulty sourcing decades-old data and lack of reporting requirements during the relevant period. Collectively, the proposed changes aim to provide regulatory relief and certainty, in addition to an overall net reduction in cost.
Written comments on the proposed rule must be received on or before December 29, 2025. The EPA seeks comments specifically on potential means to consolidate the proposed exemptions to avoid overlap, while providing the same regulatory relief.
