EPA Proposes Rule Narrowing Scope of PFAS Reporting

On November 13, 2025, EPA published its proposed rule amending the agency’s 2023 Toxic Substances Control Act Section 8(a)(7) PFAS reporting rule. The proposed changes, which would “incorporate certain exemptions and other modifications to the scope of the reporting regulations,” would significantly reduce the burden on many businesses that are currently within the scope of this expansive rule.

The 2023 Toxic Substances Control Act (TSCA) Section 8(a)(7) PFAS reporting rule, 40 CFR Part 705 (the 2023 Rule), is notable for its breadth, sweeping in per- and polyfluoroalkyl substances (PFAS) in categories that have historically been exempted from TSCA’s reporting rules. Indeed, the 2023 Rule currently contains virtually no exemptions for any PFAS chemicals, in any form (article or otherwise) and in any amount, falling within the definition of a “chemical substance” under 15 USC § 2602(2). [1]

While imported articles and small manufacturers could take advantage of more streamlined reporting and (for small manufacturers) additional time to report, the amount of information required to be identified and reported under the 2023 Rule is substantial. For many regulated entities, many of whom would be subject to TSCA reporting for the first time, much of this information is unknown, and the effort required to seek out “reasonably ascertainable” information as required under the 2023 Rule is formidable. [2]

THE PROPOSED AMENDMENTS

Many of the proposed amendments come as no surprise in light of the agency’s announcement in its April 2025 PFAS agenda that it would implement the TSCA rule to “smartly collect necessary information, as Congress envisioned and consistent with TSCA, without overburdening small businesses and article importers.”

EPA is proposing six exemptions from reporting under the 2023 Rule:

1. Imported articles
2. PFAS in mixtures or products at concentrations below 0.1%
3. Certain byproducts
4. Certain impurities
5. PFAS used for research and development
6. Non-isolated intermediates

EPA is also proposing to tie the reporting start date to the publication of the final rule (60 days from publication) and limit the reporting window to three months. The current reporting window (which has been extended twice) is scheduled to open on April 13, 2026 and close on October 13, 2026 for most regulated entities.

Of note are some of the items that EPA is not proposing to amend. EPA is not seeking to modify the lookback period of January 1, 2011 to December 31, 2022, which was expressly mandated by the language of the 2020 National Defense Authorization Act [3] (NDAA). Nor is EPA proposing to amend the definition of PFAS under the 2023 Rule, although it is soliciting comments on this definition and possible alternative approaches, such as limiting reporting to PFAS with a Chemical Abstracts Service Registry Number or a TSCA Accession Number or Low-Volume Exemption number.

The confidential business information and joint reporting provisions also remain unchanged. For PFAS that do not fall within the scope of the newly proposed exemptions, regulated entities will still need to report the same expansive list of information required under the current version of the rule.

ALIGNMENT WITH OTHER TSCA REPORTING

EPA’s proposed rule would more closely align the 2023 Rule with other TSCA reporting frameworks, such as those under the TSCA Chemical Data Reporting (CDR) rule (40 CFR 711), by incorporating exemptions for de minimis quantities and other well-established reporting carveouts.

EPA also points to its reporting requirements under TSCA Sections 5 and 8, which typically exclude reporting for byproducts, impurities, and non-isolated intermediates as substances manufactured solely for research and development. EPA’s revisions point to Congress’s intent that TSCA be implemented in a practical manner, and reflect an emphasis on regulating PFAS intentionally manufactured or processed “for a commercial purpose,” which was part of the 2023 Rule. [4]

This represents a change from EPA’s earlier interpretation to the directive it received from Congress in the 2020 NDAA. In its discussion supporting the 2023 Rule, EPA took the position that Congress left it with no discretion to incorporate certain exceptions that are built into the CDR for other, non-PFAS substances. These included exceptions for small businesses, de minimis quantities, and reporting on chemical substances found in articles.

For example, in its response to comments on the 2023 Rule, EPA noted:

While the FY 2020 NDAA did not explicitly direct EPA to collect data on articles containing PFAS, the FY 2020 NDAA also did not explicitly prevent EPA from collecting information on PFAS-containing articles. Further, EPA notes that it is within the Agency’s authority to collect information on chemical substances which are manufactured or imported through articles. Thus, the FY 2020 NDAA’s direction to EPA to require data from PFAS manufacturers necessarily includes those PFAS manufactured (including imported) within articles. Although EPA has not typically included articles in some other TSCA section 8 reporting rules, the Agency both has the authority and has previously done so. [5]

Similarly, in addressing the absence of common TSCA reporting exemptions and thresholds in the 2023 Rule, EPA stated “[w]hile this rule uses the same reporting standard as CDR and other TSCA section 8(a) rules, this rule is focused on improving EPA’s knowledge of commercially manufactured PFAS and their uses, which includes chemicals of concern to human health and the environment. Therefore, EPA does not believe many of the same reporting exemptions used in other TSCA rules are warranted.” [6] Notably, these comments reflect areas where EPA applied its interpretation of Congress’s directive in the 2020 NDAA.

IMPACT ON REGULATED PARTIES

If the proposed revisions to the TSCA reporting rule are finalized, it would significantly reduce the burden on the large number of companies that have found themselves within the current rule’s scope simply because they import articles that may contain “PFAS” under EPA’s current broad definition. As EPA acknowledges in the proposed rule revisions, the likelihood of such companies possessing or successfully obtaining information about the presence of PFAS in such articles is low, particularly for the early part of the lookback period.

Many companies will also benefit from the elimination of the seemingly impossible task of identifying PFAS present at amounts below 0.1%, as this was not information most companies were required to track. [7]EPA has acknowledged that parts of the TSCA rule in its current state impose a substantial burden on many companies with little likelihood of obtaining any meaningful data, describing the proposed exemptions as removing the requirement for “reporting on activities about which manufacturers are least likely to know or reasonably ascertain.” [8]

For those companies that are still required to report, they will need to be prepared to act quickly, as EPA has proposed shortening the reporting window from six months to only three months from the time the portal opens (60 days after the rule is finalized) as noted above.

Further, reducing both the volume of information required to be reported and the number of companies swept within the rule’s scope will enable EPA to focus on the data that is submitted. This not only serves the rule’s original goal of helping to inform future EPA policy concerning PFAS, but it also means that the data submitted by those parties who are still required to report may be subject to closer scrutiny.

EPA also leaves the door open to future rulemaking in areas that it is currently proposing to pull back on, noting that “the Agency may in the future determine that such information is necessary to support particular regulatory actions. . . . [I]t is reasonable to defer the collection of certain information until there is a clear role that such information could play to support a program mission of the Agency.” [9]

Interested parties have until December 29, 2025 (45 days from the November 13 Federal Register publication date) to submit comments on the proposed rule.