On November 13, 2025, the United States Environmental Protection Agency (“US EPA”) published a proposed rule that would modify the reporting requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (“PFAS”) under Section 8(a)(7) of the Toxic Substances Control Act (“TSCA”). 15 U.S.C. §2607(a)(7). This modification would impact the reporting requirements set out in the PFAS Reporting Rule, which became final in October 2023 (the “2023 PFAS Reporting Rule”).
The proposed changes would add six new exemptions to the reporting requirements and delay the deadline to submit the required information to US EPA.
The 2023 PFAS Reporting Rule currently requires manufacturers and importers of PFAS to submit information to US EPA regarding PFAS uses, production volumes, byproducts, disposal, exposures, and existing information on environmental or health effects in any year since January 1, 2011. See 88 FR 70516. The 2023 PFAS Reporting Rule did not propose any reporting exemptions or production volume thresholds; it expressly required reporting on PFAS-containing articles, byproducts and impurities, as well as de minimis uses of PFAS.
NEW EXEMPTIONS
The proposed rule would create exemptions to the reporting requirements for the following: imported articles, de minimis uses of PFAS (i.e., reportable PFAS in mixtures or articles with PFAS concentrations below 0.1%), PFAS manufactured (and imported) in small quantities for research and development purposes, and certain manufacturing byproducts, chemical impurities, and non-isolated intermediates.
NEW TIMELINE
The deadlines for reporting have been altered from the original timeline twice already, and the proposed rule seeks to move them back further.
The 2023 PFAS Reporting Rule established a 12-month data collection period for manufacturers/importers following the effective date of the rule, followed by a six-month data submission period. Information from most PFAS manufacturers/importers was therefore due to be submitted to US EPA by May 8, 2025. However, on September 5, 2024, US EPA promulgated a direct final rule that moved the start of the data submission period from November 12, 2024, to July 11, 2025. See 89 FR 72336. EPA subsequently published an interim final rule on May 13, 2025 to delay the start of the data submission period again, from July 11, 2025, to April 13, 2026. See 90 FR 20236. As a result of these two extensions, manufacturers/importers have not yet had to submit data under the 2023 PFAS Reporting Rule.
In the proposed rule, US EPA proposes to alter the submission period to begin 60 days after the effective date of the final rule and to last for three months (instead of six months).
OTHER COMMENTS SOUGHT
US EPA is also seeking comment on certain other aspects of the regulation, including the nature and extent of any reliance interests that may have arisen from the 2023 PFAS Reporting Rule, and whether the Agency’s proposed amendment to the data submission period is appropriate to accommodate the proposed changes to the 2023 PFAS Reporting Rule.
Comments on the information collection provisions of this proposed rule must be received by the Office of Management and Budget’s Office of Information and Regulatory Affairs on or before December 15, 2025. All other comments must be submitted through the Federal eRulemaking Portal on or before December 29, 2025.
If you would like to discuss how these upcoming actions may impact your business, or would like assistance in submitting comments, please contact Downs Rachlin Martin PLLC.
