EPA Proposes Changes to TSCA PFAS Reporting Rule

On November 10, 2025, EPA released a proposed rule under the Toxic Substances Control Act (“TSCA”), proposing to amend its reporting requirements relating to per- and polyfluoroalkyl substances (“PFAS”).  The original rule, promulgated in 2023, led to concerns by some regulated entities that it would be difficult to collect the data required by the rule and result in significant compliance costs, particularly with respect to imported PFAS-containing articles.  The proposed rule states that it “would reduce the burden on entities least likely to know and report relevant information without sacrificing the known and reasonably ascertainable data related to historically manufactured PFAS.”  Specifically, the proposed rule would reduce reporting requirements, by instituting a number of exemptions.  These exemptions would be particularly relevant to entities that have imported PFAS-containing articles. 

The key proposed changes are as follows:

1. De Minimis Exemption.  EPA is proposing to institute a de minimis exemption, where mixtures or articles containing PFAS in concentrations less than 0.1% would be exempt from reporting.  EPA noted that this would align the reporting requirements with OSHA’s Safety Data Sheet requirements, which generally do not require chemicals under 0.1% to be reported.  EPA is also soliciting comment as to whether the de minimis threshold should be 1.0%.
2. Imported Articles Exemption.  EPA is proposing to exempt imported articles from the scope of the reporting requirement.  EPA’s view was that “importing PFAS in articles between 2011-2022 is an activity about which manufacturers are unlikely to have known or reasonably ascertainable information.”  EPA also proposed to interpret the “best reading” of the statute “as excluding articles and targeting the reporting requirement to manufacturers of the PFAS themselves.”
3. Byproducts, Impurities, and Non-Isolated Intermediates Exemption.  EPA is proposing to exempt the manufacture of PFAS as byproducts, impurities, and non-isolated intermediates.  EPA noted that this would be consistent with other regulations relating to chemical reporting under TSCA.
4. Research and Development Exemption.  EPA is proposing to exempt the manufacture (including importation) of PFAS for R&D purposes.  EPA stated that PFAS manufactured for this purpose would be limited and provide the agency with limited information, and be consistent with other TSCA rules.
5. Altered Reporting Deadline.  The current reporting deadline is October 13, 2026.  EPA is proposing to alter the deadline for reporting, by having the submission period begin 60 days after the rule is finalized and to run for three months.  Thus, if the rule is finalized after May 2026, this would result in an extension of the reporting rule’s deadline.

EPA also solicited comment on whether it should amend the scope of reportable chemicals, though EPA did not propose any changes in this regard.

There will be a 45-day period after the proposed rule is published in the Federal Register for interested parties to comment.  Regulated entities should consider submitting comments, given the potentially significant consequences of these exemptions.