EPA proposes major PFAS reporting relief: What you need to know

Under the proposed rule, the reporting window would begin 60 days after the effective date of the new final rule. The proposed rule also establishes exemptions for imported articles, byproducts, research and development (“R&D”) materials, and chemicals and mixtures containing only de minimis PFAS concentrations, which collectively will significantly curtail the scope of reporting required by the rule and will alleviate some of the rule’s most onerous requirements.

PFAS Reporting Rule background

The PFAS Reporting Rule, originally promulgated under the Biden Administration in October 2023, requires any person who has manufactured or imported PFAS or PFAS-containing articles as far back as 2011 to report information regarding PFAS uses, production volumes, byproducts, environmental and health effects, scopes of exposure, and disposal methods. Covering more than 1,400 PFAS and more than a decade of time, and with no exemptions, the rule presently requires an extraordinary amount of information to be reported. Additionally, since the rule currently applies to articles, the reporting requirement applies to a large number of entities that traditionally would not be required to report under TSCA, such as retailers and distributors that import finished products that contain PFAS.

Reporting deadline extension

The PFAS Reporting Rule requires information to be submitted using EPA’s Central Data Exchange (“CDX”). Under the proposed rule, the reporting window would be delayed until 60 days after the effective date of the new final rule, but the reporting window would also be shortened from six months to three.

Proposed exemptions

The proposed rule would establish exemptions to the PFAS Reporting Rule for:

• PFAS present in mixtures or articles at de minimis concentrations, which it defines as below 0.1%;
• PFAS that are imported as part of an article;
• PFAS byproducts, impurities, and non-isolated intermediates that are not manufactured or used for a separate commercial purpose; and
• PFAS manufactured or imported in “small quantities” for R&D purposes.

Several of the proposed exemptions mirror those incorporated into other TSCA requirements. If finalized, the exemptions are likely to significantly alleviate some challenges to compliance with the PFAS Reporting Rule, especially for companies that manufacture or import materials containing trace amounts or other incidental PFAS.

Rulemaking and next steps

Interested parties will have until December 29, 2025 to submit comments on the proposed rule. (Comments on the information collection provisions under the Paperwork Reduction Act must be received by the Office of Management and Budget by December 15, 2025.)

In addition to the proposed changes, EPA has also invited public comments on additional potential exemptions and issues that could further impact the scope of the rule, including:

• A 1% de minimis exemption in lieu of the currently proposed 0.1% exemption;
• The proposed reporting deadline and submission method;
• The scope of reportable PFAS; and
• Whether the proposed rule’s economic analysis and estimated cost savings should be adjusted in light of “sunk costs” associated with efforts already taken to comply with the PFAS Reporting Rule.

Although the current deadline will likely be extended, it remains in effect until a new final rule is promulgated. Companies should continue to assess whether and how the PFAS Reporting Rule applies to their activities and should stay the course in preparing to comply, focusing efforts on activities that are unlikely to be affected by the proposed rule’s changes.

Authored by Katherine Vanderhook-Gomez, Misty Howell, and Melissa Skarjune.