Tech Watch: EPA Proposes Major Revisions to PFAS Reporting Rule Under TSCA Section 8(a)(7)
UNITED STATES
EPA Proposes Major Revisions to PFAS Reporting Rule Under TSCA Section 8(a)(7)
On 13 November 2025, the U.S. Environmental Protection Agency (EPA) published a Proposed Rule to revise its October 2023 PFAS reporting and recordkeeping requirements under TSCA Section 8(a)(7) (40 CFR Part 705).
The proposal responds to extensive stakeholder concerns and implementation challenges and would significantly reduce reporting obligations, particularly for article importers, small businesses, and entities handling PFAS at low concentrations.
EPA estimates industrywide cost savings of USD $786–$843 million if the proposed changes are finalised.
Key proposed revisions:
|
Provision |
Current (2023 Final Rule) |
Proposed amendment (November 2025) |
|
Imported articles |
Reporting required for PFAS in imported articles (2011–2022). |
Full exemption for PFAS contained in imported articles. |
|
De minimis threshold |
No threshold; any PFAS triggers reporting. |
0.1% de minimis exemption for PFAS in mixtures or articles. |
|
R&D activities |
Not exempt. |
PFAS manufactured/imported solely for research & development exempted. |
|
Impurities & byproducts |
Impurities and certain byproducts required to be reported. |
Exemption for impurities, non-isolated intermediates, and certain byproducts. |
|
Submission deadline |
13 April 2026 to 13 October 2026 (with small article importer deadline of 13 April 2027). |
Removes small importer deadline due to article exemption. New reporting window opens 60 days after final rule → remains open 3 months. |
EPA states that these changes better align the rule with the TSCA standard requiring reporting of information that is “known to or reasonably ascertainable by” the manufacturer or importer.
Impact on industry:
- Around 127,000 article importers would be relieved of reporting obligations.
- Companies would no longer need to obtain retrospective PFAS composition data from suppliers for the 2011–2022 lookback period.
- Reduced need for testing, documentation review, and historical supply chain reconstruction.
- Domestic PFAS manufacturers still must report processing and use information, including the incorporation of PFAS into articles.
Public comment opportunities:
EPA is seeking comment on:
- The scope and legal basis of the imported article exemption.
- Whether the proposed 0.1% de minimis threshold is appropriate (EPA requests input on alternatives, including 1%).
- Whether EPA should add a production-volume threshold (e.g., 2,500 lbs/year), similar to TSCA Chemical Data Reporting (CDR).
Public comment deadline: 29 December 2025.
Next steps for regulated entities:
- Review whether your organisation may still have reporting obligations under the revised rule.
- Prepare and submit comments supporting or opposing specific exemptions.
- Monitor for EPA’s issuance of the Final Rule in 2026, which will trigger the 60‑day countdown to the revised submission window.
- Ensure systems are ready to report via EPA’s Central Data Exchange (CDX) once the final rule is published.
Resources:
Proposed Rule: https://www.govinfo.gov/content/pkg/FR-2025-11-13/pdf/2025-19882.pdf
Enquiry:
For questions and additional information, please contact Dr. Pratik Ichhaporia (pratikichhaporia@eurofinsus.com,+1-669-837-2257) or David Hong (David.Hong@cpt.eurofinscn.com).
