The Environmental Protection Agency (EPA) has announced a direct final rule delaying the start of the reporting period for the October 2023 rule that mandates companies report data on per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). Initially scheduled to begin on 12 November 2024, the reporting period has now been postponed to 11 July 2025 due to resource constraints that have affected the development of the necessary reporting application.
The PFAS Reporting Rule, established under section 8(a)(7) of TSCA as mandated by the FY2020 National Defense Authorization Act, requires all manufacturers (including importers) of PFAS and PFAS-containing articles, for any year since 2011, to report comprehensive information. This includes data on chemical identity, usage, production volumes, by products, environmental and health impacts, worker exposure, and disposal practices. The rule aims to create the largest dataset of PFAS manufacturing and usage in the United States, which is vital for EPA’s PFAS Strategic Roadmap to understand and regulate PFAS pollution more effectively.
New PFAS Reporting Deadlines
- Start of Reporting Period: 11 July 2025. This delay provides additional time for the EPA to ensure the software application required for data submission is fully functional.
- End of Reporting Period for Most Entities: 11 January 2026. Most companies will need to complete their reporting by this date.
- Extended Deadline for Small Businesses Reporting on PFAS in Imported Articles: 11 July 2026. Small businesses focusing solely on the importation of PFAS-containing articles have an extended deadline to comply with reporting requirements.
The delay in the reporting period is largely due to significant budget cuts to the EPA’s TSCA programme. The Fiscal Year 2024 budget saw a $5 million reduction from the previous year, necessitating prioritisation of resources. This budget constraint led to reduced funding for the IT operations essential for maintaining and developing the software required for TSCA data collection, including PFAS reporting.
Support for Reporting Entities
To assist entities required to comply with this rule, the EPA is offering a variety of resources, including detailed guidance materials on its website, webinars, and an upcoming dedicated page on the TSCA guidance database (TSCA GuideME). The EPA will also provide electronic reporting resources, such as video tutorials, fact sheets, and step-by-step guides to facilitate compliance.
