EPA Proposes Changes to TSCA PFAS Reporting Requirements

The Environmental Protection Agency (EPA) has issued a pre-publication copy (and press release) of its proposed rule to significantly reduce the scope of PFAS reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA).  

As we explained in our 2023 and 2024 client alerts, under the Biden Administration, EPA finalized a rule in October 2023 that requires entities that manufacture (including import) or have manufactured PFAS in any year since January 1, 2011 to submit a one-time comprehensive report regarding PFAS uses, production volumes, byproducts, disposal, exposures, and environmental or health effects. 

Perhaps the most significant change EPA is now proposing is exempting articles importers from reporting.

The prior rule expanded the scope of PFAS subject to the rule, included no de minimis volume threshold, and lacked typical TSCA exemptions, such as for research and development, byproducts, and impurities.

EPA now proposes to exempt:

1.  PFAS imported as part of an article

2. PFAS manufactured or imported in a mixture or article below a 0.1% de minimis concentration

3. PFAS that are impurities

4. PFAS that are byproducts not used for a commercial purpose or PFAS that are manufactured upon incidental exposure or end use of another substance (referring to the exemptions in EPA’s premanufacture notice (PMN) regulations at 40 C.F.R. § 720.30(h));

5. PFAS that are non-isolated intermediates

6. PFAS that are manufactured or imported in small quantities for research and development (R&D) purposes

In addition to adding these typical TSCA exemptions, EPA is proposing to delay the reporting submission window (currently April 13, 2026 – October 13, 2026), requesting comment on whether a production volume threshold should be considered, and requesting comment on whether it should limit reporting to only PFAS with a Chemical Abstracts Service Registry Number (CASRN), TSCA Accession Number, or LVE number.  The proposed rule does not revise the original reporting lookback period of January 1, 2011 to December 31, 2022.

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