EPA Proposes Changes to Reduce TSCA PFAS Reporting Burden
On November 10, 2025, the United States Environmental Protection Agency (EPA) issued a Pre-Publication Notice of its proposed rule which would modify the scope of Toxic Substances Control Act (TSCA) Per- and Polyfluoroalkyl Substances (PFAS) reporting under Section 8(a)(7), providing significant relief to manufacturers from burdensome reporting requirements. Citing Executive Order 14219 as well as the Trump Administration priorities, the EPA indicated its proposed revisions are, in part, to eliminate duplicative byproduct reporting, minimize costs to small manufacturers, limit reporting obligations to those manufacturers having information relevant to TSCA implementation and to more closely align the requirements with its statutory directives under TSCA.
In October 2023, the EPA passed a rule requiring PFAS reporting and record keeping under TSCA Section 8(a)(7). That rule includes extensive reporting and recordkeeping requirements for entities that currently or previously manufactured or imported PFAS between January 1, 2011 and December 31, 2022. The rule requires manufacturers and importers of PFAS and PFAS-containing articles to report for each year PFAS was manufactured, information regarding PFAS identity, production volumes, industrial uses, commercial and consumer uses, byproducts, worker exposure, disposal, and any existing information related to environmental and health effects. The rule has been widely criticized for being burdensome on manufacturers especially because it does not contain traditional exemptions for de minimis concentrations, unintentionally added byproducts, and application to imported articles. Reporting deadlines under the rule have been extended twice with the current date for data submission of April 13, 2026. To address these concerns EPA has proposed adding several exemptions:
- Exempt PFAS in mixtures and articles below 0.1% concentration as de minimus.
- Exempt PFAS imported as part of articles.
- Exempt PFAS byproducts, impurities, non-isolated intermediates when not used for commercial purposes.
- Exempt PFAS manufactured solely for R&D in small quantities.
Once published in the Federal Register, the EPA will receive and consider comments for 45 days. In addition to seeking comments on the proposed exemptions, the EPA is also seeking comments on the scope of PFAS chemical substances, how the reporting requirements apply, as well as whether there should be a production volume threshold for reporting as previously advocated by stakeholders.
If the rule is finalized as written, it will significantly reduce the cost of compliance, especially for small businesses and importers.
Please feel free to reach out to the authors of this Client Alert or your Butzel attorney with any questions or concerns.
Susan L. Johnson
248.258.1307
johnsons@butzel.com
Beth S. Gotthelf
248.258.1303
gotthelf@butzel.com
