The U.S. Environmental Protection Agency (EPA) on Nov. 13, 2025, published a proposed rule (Proposed Rule) to modify the scope of the Biden-era one-time reporting requirement for manufacturers and importers of per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA).
The current rule, published by the EPA in October 2023 (Rule) after being directed to do so by the U.S. Congress under the National Defense Authorization Act (NDAA) for fiscal year (FY) 2020, requires PFAS manufacturers (including importers) to electronically report information regarding uses, production volumes, disposal, exposures and hazards from PFAS or PFAS-containing articles between 2011 and 2022. (See Holland & Knight's previous alert, "EPA Publishes Comprehensive PFAS Reporting Rule Under TSCA," Oct. 17, 2023.) Since publication of the Rule, EPA has extended the reporting deadline twice, most recently extending the start of the data submission period from July 2025 to April 2026.
The Proposed Rule – which responds to stakeholder feedback and the deregulatory priorities of the Trump Administration – aims to reduce unnecessary or duplicative reporting, minimize compliance costs for small manufacturers and focus reporting obligations on those likely to have relevant information. The agency is now proposing several key exemptions and technical clarifications to the Rule, which are expected to significantly reduce compliance burden and costs for regulated entities. The Proposed Rule will be open for public comment for 45 days – until Dec. 29, 2025.
This announcement follows the release of the Trump Administration's regulatory agenda, where the EPA outlined several anticipated actions over the next season, including this Proposed Rule. (See Holland and Knight's previous alert, "EPA's PFAS Rulemaking Trajectory: Key Updates Across CERCLA, TSCA, RCRA, SDWA and CWA," Oct. 7, 2025.)
Proposed Exemptions
The Proposed Rule seeks to add the following exemptions to the one-time PFAS reporting requirement:
Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.
- De Minimis. Under the Proposed Rule, PFAS present in mixtures or articles at concentrations below 0.1 percent are exempt from reporting, regardless of total production volume. Under the current Rule, there is no de minimis level – all concentrations of PFAS are reportable.
- Imported Articles. The Proposed Rule exempts PFAS imported as part of an article from reporting. This exemption, if finalized, will be critical for product importers that are unlikely to have sufficient knowledge of PFAS content in articles due to lack of notification requirements during the reporting period.
- Byproducts, Impurities and Non-Isolated Intermediates. PFAS manufactured solely as byproducts (not used for commercial purposes), impurities or non-isolated intermediates are exempt if manufactured under conditions described in 40 C.F.R. 720.30(h).
- Research and Development (R&D) Chemicals. PFAS manufactured (including imported) solely in small quantities for R&D purposes are exempt. The EPA determined that these quantities are not commercially relevant and, therefore, reporting would impose significant burden with minimal benefit.
