The Environmental Protection Agency (EPA) has again extended the reporting deadline for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act. Our Environment, Land Use & Natural Resources Group discusses how the nine-month extension impacts businesses and may signal the Trump Administration’s continued focus on PFAS initiatives.
- The EPA has moved the start of the reporting period from July 11, 2025 to April 13, 2026
- Submissions are now due by October 13, 2026 for most manufacturers, with an alternate deadline of April 13, 2027 for “small manufacturers reporting exclusively as article importers”
- Businesses with complex supply chains need to thoroughly assess all potential sources of PFAS in their operations
- All affected businesses should proactively work to meet the new deadlines to ensure compliance and avoid penalties
On May 12, 2025, the Environmental Protection Agency (EPA) announced an interim final rule again delaying the submission period for per- and polyfluoroalkyl substances (PFAS) reporting under the Toxic Substances Control Act (TSCA). The new nine-month extension delays the start of the submission period from July 11, 2025 to April 13, 2026, with submissions now due by October 13, 2026 for most manufacturers and by April 13, 2027 for small manufacturers reporting exclusively as importers.
The announcement follows a prior extension on September 5, 2024 (which delayed the reporting period by eight months from November 12, 2024 to July 11, 2025) and adds the alternate, later end date for small manufacturers reporting exclusively as article importers, consistent with the agency’s commitment to implementing the reporting rule “without overburdening small businesses and article importers.”
According to the EPA, the new reporting deadline will allow the agency to further develop and test its Central Data Exchange reporting system while also giving it additional time to consider easing the reporting rule’s requirements. Despite the extension, businesses should remain diligent and proactive in their data collection and reporting efforts.
TSCA PFAS Reporting and Recordkeeping Rule
On October 11, 2023, the EPA published the final rule on the TSCA reporting and recordkeeping requirements for PFAS. The rule requires each person that has manufactured (including imported) PFAS (as defined) or PFAS-containing articles for a commercial purpose since January 1, 2011 to provide information to the EPA on the uses, production volumes, disposal, exposures, and hazards. This reporting must include any amount of PFAS that were “known to or reasonably ascertainable by” the manufacturer, even if added accidentally or in trace amounts.
The EPA has identified the following nonexhaustive list of North American Industrial Classification System (NAICS) codes of potentially affected entities:
- Construction (NAICS code 23)
- Manufacturing (NAICS codes 31 through 33)
- Wholesale trade (NAICS code 42)
- Retail trade (NAICS codes 44 through 45)
- Waste management and remediation services (NAICS code 562)
The rule does not require reporting on substances that are excluded from the definition of “chemical substance” in TSCA Section 3(2)(B), such as certain pesticides, medical devices, foods, and cosmetics.
Implications for Regulated Businesses
Despite the EPA’s generally deregulatory approach under the Trump Administration, the agency continues to focus on PFAS initiatives. Instead of reversing course or scaling back on this unprecedented reporting rule – which has long been criticized by industry for the high compliance costs it imposes on required reporters – the agency continues to move forward with its efforts to “smartly collect necessary information” regarding the use and manufacture of PFAS, according to EPA Administrator Lee Zeldin. Nonetheless, the additional extension and relief for small businesses may signal the Trump Administration’s efforts to pursue its PFAS agenda in a way that decreases the burden on certain industries and smaller businesses.
While the new extension will bring temporary relief to regulated businesses, manufacturers should continue collecting all data “known or reasonably ascertainable” regarding the use of PFAS, including production volumes, disposal, exposures, and hazards. Given the reporting rule’s broad scope – which covers PFAS present as impurities, byproducts, or in trace amounts – it remains critical for affected businesses to carefully assess all potential sources of PFAS in their operations. Businesses, particularly those with complex supply chains, may need several months to collect and verify the required data. It therefore remains crucial for regulated businesses to keep up their data collection and reporting efforts to ensure full compliance and avoid penalties.
The EPA’s new interim final rule took effect immediately upon publication in the Federal Register on May 12, 2025. However, the EPA is still accepting comments on the reporting period change through June 12, 2025. Comments can be submitted on regulations.gov under the docket number EPA-HQ-OPPT-2020-0549.
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