Yesterday, November 10, 2025, EPA issued a pre-publication proposed rule to revise the PFAS reporting and recordkeeping rule under TSCA §8(a)(7) (40 CFR Part 705). The proposal would narrow the 2023 rule’s scope via targeted exemptions, make technical clarifications, and adjust the data submission period. Comments will be due 45 days after publication in the Federal Register.
EPA’s proposed revisions may affect how any entity that manufactured (including imported) a PFAS at any time from 2011–2022 for a commercial purpose—including utilities, manufacturers, wholesalers, and waste/remediation services. The definition of “PFAS” for purposes of the rule did not change and obligations still hinge on the PFAS structural definition in 40 CFR 705.3.
The proposed rule proposes to exempt the following manufacturing activities from reporting obligations:
- de minimis threshold: 0.1% by mass.
- Imported articles (PFAS present in imported articles).
- Byproducts (specified contexts deemed unnecessary/duplicative).
- Impurities (incidentally present).
- Research & development (R&D) activities.
- Non-isolated intermediates (formed/consumed in closed systems).
EPA also proposed clarifying reporting fields and adjusting the reporting deadlines. In May 2025, EPA previously shifted the reporting window to Apr. 13–Oct. 13, 2026 (with Apr. 13, 2027 for small manufacturers reporting solely as article importers). This proposed rule indicates EPA is likely to provide additional time for reporting submissions.
EPA did not propose to modify the lookback period, which remains 2011-2022. Further, the categories of information that must be reported has not changed as per TSCA §8(a)(2). Therefore, information regarding identity, volumes, use, byproducts, disposal, exposure, and health/environmental effects still anchor the rule.
The Agency concluded certain activities required by the current rule yield limited actionable value relative to compliance costs. The proposed revisions are to avoid unnecessary/duplicative reporting, minimize small-business burdens, and focus obligations on parties likely to have relevant information.
Regulated entities that have been on EPA’s TSCA PFAS Reporting Rule journey should reassess their reporting obligations pursuant to the proposed exemptions across the required 2011–2022 time frame. Pay particular attention to the imported article and the de minimis threshold exemptions as both may be particularly impactful in reducing regulatory and administrative burdens.
If you have any questions about how this may impact your business or your regulatory obligations, please contact any of the Michael Best attorneys listed here.