EPA Proposes Broad PFAS Reporting Exemptions Under TSCA, While Shortening Reporting Window

EPA recently issued a proposed rulemaking, here, which would significantly modify 2023 PFAS reporting regulations under TSCA Section 8(a)(7), introducing several industry-requested exemptions and narrowing who must report. 

The proposed rule is a major shift from the Biden-era rule, which industry widely criticized as overly burdensome and costly. The 2023 rule, mandated by the FY20 National Defense Authorization Act, requires manufacturers (including importers) to report extensive information on PFAS manufactured or used since 2011, including volumes, uses, exposures, byproducts, and hazards. Implementation has already been delayed twice, and the new proposal would further reshape the upcoming reporting period.

The proposed revisions include multiple exemptions aligned with longstanding TSCA Chemical Data Reporting (CDR) categories. EPA proposes exempting PFAS present in mixtures or products at concentrations at or below 0.1%, imported articles, byproducts, impurities, non-isolated intermediates, and chemicals manufactured solely for research and development purposes. EPA explains these activities reflect situations where manufacturers are “least likely to know or reasonably determine” whether PFAS was present, and that recordkeeping practices during the 2011–2022 lookback period would make identifying PFAS below 0.1% impracticable.

Although most of the proposed revisions would reduce regulatory burden, EPA is also shortening the window for reporting. Currently, a six-month reporting period is scheduled to begin April 13, 2026. However, the new proposal would require companies to submit reports during a three-month period beginning 60 days after the final rule’s effective date. EPA argues because businesses have been aware of the PFAS rule since 2023, they have had sufficient time to prepare compliance strategies, particularly in light of the newly narrowed reporting scope. The compressed reporting window may still pose challenges for companies with complex supply chains or uncertain PFAS data, even as the overall reporting burden decreases.

EPA accepted public comments on the proposed rule until December 29, 2025. Companies manufacturing, importing, or using PFAS (especially those unsure if their products contain PFAS at trace levels) should evaluate whether the proposed exemptions would alter their reporting obligations and consider submitting comments. Although the timing of the final rule remains uncertain, the agency’s proposal signals a notable recalibration of TSCA PFAS reporting, balancing data-collection objectives with long-standing industry concerns over feasibility and cost.