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Summary
The Environmental Protection Agency (EPA) announced targeted amendments to its 2023 PFAS Data Reporting and Recordkeeping Rule, which requires collection and reporting on per- and polyfluoroalkyl substances (PFAS) manufacturing and importing that occurred from 2011 through 2022, under Toxic Substances Control Act (TSCA) section 8(a)(7).
EPA's 2025 proposal, announced yesterday, would add several exemptions—most notably for imported products, de minimis concentrations, and certain byproducts and impurities—while making technical clarifications and adjusting the compliance deadline. EPA frames the changes as reducing burdens on entities least likely to have relevant information, particularly small businesses, while preserving the data needed to inform future TSCA actions on PFAS.
The Upshot
- EPA plans to amend the TSCA PFAS Data Reporting Rule to reduce compliance burdens, particularly for small businesses, while ensuring critical data collection for future TSCA actions.
- EPA is proposing significant new exemptions for de minimis concentrations, importers of PFAS-containing products, noncommercial byproducts and impurities, and small-quantity research and development (R&D).
- The proposed compressed three-month submission window would start 60 days after the final rule's effective date.
- Interested parties are invited to comment to EPA on the proposal within 45 days following Federal Register publication.
The Bottom Line
While the 2023 rule set a uniquely broad reporting obligation, and expressly covered PFAS in imported products with no de minimis threshold, the 2025 proposal would recalibrate that scope. For companies that began preparations under the 2023 rule, the proposal may eliminate reporting entirely—or significantly streamline it—depending on their PFAS footprint. Because this is a proposed rule, entities should evaluate how the exemptions map to their operations, consider whether to submit comments, and prepare for a compressed submission window if a final rule adopts these changes.
Background and Context
In October 2023, EPA finalized a one‑time reporting and record keeping rule requiring manufacturers and importers of PFAS and PFAS-containing products to report information known to or reasonably ascertainable about PFAS manufactured for commercial purposes between 2011 and 2022. The rule covered a broad range of PFAS defined by structural criteria rather than a discrete list and, critically, did not include traditional TSCA exemptions for products, de minimis concentrations, impurities, and certain byproducts. After delaying submission deadlines in September 2024 and May 2025, EPA's 2025 proposal would alter the 2023 rule's scope and timing.
Who Would Be Covered
The proposed rule retains the core applicability to manufacturers (including importers) of PFAS for commercial purposes since January 1, 2011, through December 31, 2022, but would exclude several new categories of activity described below. EPA continues to rely on the structural definition of PFAS in 40 C.F.R. §705.3, which encompasses at least 1,462 different PFAS. EPA is also not proposing a production‑volume threshold.
EPA proposes to add the following exemptions to 40 C.F.R. part 705:
- PFAS imported as part of products
- De minimis concentrations at or below 0.1% in mixtures or products
- Noncommercial byproducts and impurities (note: byproducts that are used for a commercial purpose would remain reportable)
- Non‑isolated intermediates confined to closed systems
- PFAS manufactured solely in small quantities for research and development
- Existing exclusions remain (e.g., municipal solid waste imports for disposal/destruction and TSCA section 3(2)(B) non‑chemical substances).
Submission Window and Timing
EPA proposes to replace the current reporting period (April 13, 2026 - October 13, 2026) with a shorter, three-month submission window beginning 60 days after the effective date of the final amended rule. EPA's rulemaking schedule shows an intent to issue a final rule in June 2026. The separate extended deadline for small product importers would be removed, consistent with the proposed exemption for imported products.
Practical Considerations for Companies
Entities should reassess whether the proposed exemptions and clarifications change their reporting posture. Products importers, labs and R&D divisions, facilities with closed‑system intermediates, and manufacturers with trace PFAS concentrations may find that reporting obligations are eliminated or sharply reduced. PFAS manufacturers that remain in scope should inventory their known or reasonably ascertainable information on identity, volumes, processing and use, byproducts, disposal, exposures, and existing environmental and health data. Given the proposed compressed submission window, early planning will be critical if the amendments are finalized.
EPA invites public comments within 45 days of publication in the Federal Register, though the proposed rule is not yet published in the Federal Register.
Participation in the rulemaking process is vital to shaping regulations and addressing compliance challenges. The lawyers in Ballard Spahr's Environment and Natural Resources Group are able to assist clients in commenting on this rule, determining whether they must comply, fulfilling the rule's obligations, and in TSCA compliance more generally. Explore Ballard Spahr's PFAS Legislation Tracker to stay informed about PFAS-related developments, assisting businesses in navigating the increasing regulation of the chemicals.
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