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On November 10, 2025, the U.S. Environmental Protection Agency (EPA) issued a pre-publication copy of its proposed rule to significantly reduce the scope of its Per- and Polyfluoroalkyl Substances (PFAS) reporting requirements under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). Most significantly, the proposed changes seek to exempt imported articles from the reporting requirement. According to EPA, the proposed rule aims to make PFAS reporting under TSCA more practical and easier to implement by reducing unnecessary or duplicative requirements for businesses, while ensuring EPA continues to receive essential information on PFAS use and safety.
In October 2023, EPA finalized a one-time PFAS reporting and recordkeeping regulation requiring manufacturers and importers of PFAS and PFAS-containing products between 2011 and 2022 to report certain data to EPA. The rule aimed to improve EPA's understanding of PFAS use and exposure, and potential environmental and health effects. The previous rule did not include traditional TSCA exemptions, raising concerns among regulated entities about significant compliance costs, implementation challenges, and impacts on small businesses—particularly importers of finished products containing PFAS.
Under the proposed rule, EPA now seeks to add key reporting exemptions including: (1) mixtures or articles containing PFAS in concentrations less than 0.1%; (2) PFAS imported as part of an article; (3) certain PFAS that are byproducts not used for a commercial purpose or PFAS that are manufactured upon incidental exposure or end use of another substance; (4) PFAS that are impurities; (5) PFAS that are manufactured or imported in small quantities for research and development purposes; and (6) PFAS that are non-isolated intermediates.
In addition, EPA seeks to revise the reporting deadline under the rule. 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.
Businesses and stakeholders impacted by the PFAS reporting rule should evaluate how the proposed changes might affect their reporting obligations. Companies that prepared for reporting under the 2023 rule might need to revisit compliance strategies and internal recordkeeping. It is also important to monitor regulatory developments, as the final rule could significantly alter reporting requirements and associated costs. Finally, businesses and stakeholders should consider participating in the 45-day comment period to provide input on the proposed changes. EPA will accept public comments for 45 days after the proposal is published in the Federal Register. EPA's press release on the proposed rule can be found here.
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