On November 10, 2025, the U.S. Environmental Protection Agency (EPA) has announced a significant proposal to adjust reporting rules for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). If finalized, manufacturers would no longer need to submit complex data to the EPA for four key categories: low-concentration scenarios, imported articles, byproducts/impurities, and small-scale research and development (R&D) uses.
Background
In October 2023, the Biden administration implemented a mandatory PFAS reporting rule under TSCA Section 8(a)(7), requiring companies that manufactured or imported PFAS between 2011 and 2022 to submit data on chemical exposure and environmental impacts. However, this rule faced widespread criticism due to implementation challenges, including:
- Estimated compliance costs of nearly $1 billion,
- Ambiguous data utilization frameworks,
- Operational hurdles from IT system failures and administrative delays,
- Disproportionate burdens on small businesses and importers.
The new proposal introduces exemptions and modifications to reduce unnecessary reporting obligations while maintaining critical PFAS oversight.
Proposed Exemptions
- Low-concentration exemption: PFAS in mixtures or articles below 0.1% concentration are exempt.
- Imported article exemption: Importers of PFAS-containing articles are exempt from reporting.
- Byproducts, impurities, and non-isolated intermediates exemption: PFAS generated as byproducts, impurities, or non-isolated intermediates are exempt.
- R&D exemption: Small-scale PFAS uses for research are exempt.
Adjusted Reporting Timeline
- The data submission window would begin 60 days after the final rule’s effective date and remain open for three months.
Additional Clarifications and Technical Revisions:
- Updated reporting requirements for environmental and health impact data.
- Modernized naming conventions for consumer and commercial product categories.
Stakeholders must submit feedback on the proposed rule by December 29, 2025. The exemptions are projected to save the industry $786 million to $843 million in compliance costs, significantly reducing reporting burdens for small businesses.
Further Information
