On 10 November 2025, the US Environmental Protection Agency (EPA) proposed amendments to the Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) reporting rule under the Toxic Substances Control Act (TSCA). The revisions aim to reduce compliance costs for manufacturers, importers and small businesses, while maintaining critical data collection on PFAS exposure and risks across the chemical value chain.
Scope and Purpose of the Proposed Revisions
The original PFAS data reporting regulation, finalised in October 2023, required all entities that manufactured or imported PFAS between 2011 and 2022 to submit detailed reports to the EPA. The proposed changes introduce targeted exemptions that align with TSCA section 8(a)(5), focusing reporting obligations on those most likely to have relevant data.
EPA is not changing the reporting timeframe but is proposing a new three-month submission window starting 60 days after the final rule takes effect.
Key Exemptions and Policy Rationale
The EPA proposes several exemptions to reduce unnecessary or duplicative reporting:
- De minimis exemption: PFAS present below 0.1% in mixtures or articles would be exempt, as data below this threshold is unlikely to be available or informative given historical recordkeeping norms.
- Imported articles: Reporting on PFAS in imported articles would be exempt, based on limited importer knowledge and statutory interpretation that the NDAA excludes such articles from TSCA section 8(a)(7).
- Byproducts, impurities and non-isolated intermediates: These would be excluded unless used for a commercial purpose. This aligns the rule with TSCA precedent and focuses on PFAS with greater exposure potential.
- R&D chemicals: Small quantities of PFAS manufactured solely for research and development would be exempt due to their limited commercial use and negligible exposure risk.
Estimated Impact on Industry
EPA estimates the proposed rule would save industry between $786 million and $843 million in compliance costs. Small businesses alone are expected to save approximately $703 million to $761 million, primarily by being relieved of time-intensive record searches and form completion duties.
About 127,000 small article importers and 241 small manufacturing firms would benefit from reduced obligations. EPA believes this approach achieves a reasonable balance between data transparency and regulatory efficiency.
Regulatory Outlook and Stakeholder Engagement
While data submissions under the original rule were scheduled to begin in 2025, EPA has twice delayed the start due to IT development setbacks. The new proposal provides additional time for rule familiarisation and comment submission.
EPA is actively soliciting public feedback on the proposed exemptions, the 0.1% de minimis threshold, and whether imported articles should be excluded entirely from the statutory scope.
Professionals across the chemical supply chain, particularly those in manufacturing, utilities, waste management and trade, should assess how these changes affect their compliance obligations.
