The U.S. Environmental Protection Agency (EPA) published a new interim final rule on May 12, 2025, extending the period for businesses to report pursuant to the per- and polyfluoroalkyl substances (PFAS) reporting rules issued under the Toxic Substances Control Act (TSCA). Rather than a reporting window running from July 11, 2025, to January 11, 2026, the amended submission period will now begin April 13, 2026, and end on October 13, 2026 (the May 2025 Amendment). The May 2025 Amendment became effective immediately upon publication.
The PFAS reporting rule under the TSCA requires businesses that have manufactured or imported PFAS chemicals to report extensive information regarding such chemicals from 2011 to 2022 (the PFAS Reporting Rule). For more information regarding the requirements and applicability of the PFAS Reporting Rule, see Reinhart's previous commentary on the topic.
Prior to this most recent extension, the EPA had already moved the reporting period under the PFAS Reporting Rule once before, from the original start date in November 2024, to July 2025. Now, the EPA has pushed the beginning of the reporting period out another nine months.
How Was the Rule Changed?
Under the May 2025 Amendment, the data submission period for PFAS reporting now runs from April 13, 2026, to October 13, 2026. Once again, "small manufacturers" have an additional six months to submit information, meaning that the submission period for small manufacturers ends on April 13, 2027.
- As a reminder, for purposes of the TSCA, "small manufacturers" are those who meet one of two standards: (1) a manufacturer (including importer) with total annual sales, when combined with those of its parent company, of less than $120 million, and annual production (or importation) volume of a particular chemical substance not exceeding 100,000 lbs; or (2) a manufacturer (including importer) whose total annual sales, when combined with those of its parent company, are less than $12 million.
While the May 2025 Amendment was effective immediately upon publication, the EPA provided a 30-day public comment period. This public comment period ends on June 12, 2025. The May 2025 Amendment does not otherwise modify the substantive requirements of the PFAS Reporting Rule. However, the EPA has noted that it is separately considering opening other aspects of the rule to public comment.
What Steps Do I Need to Take?
Businesses now have more time to perform their own due diligence regarding any items manufactured or imported which contain PFAS. Manufacturers should continue to develop strategies to identify and mitigate PFAS use in their supply chains and prepare to comply with the PFAS Reporting Rule's extensive disclosure requirements.
Separately, businesses should ensure that they are up to date on all state-specific PFAS laws, including labeling and reporting laws and product-specific prohibitions on intentionally added PFAS content.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
