USA: US EPA proposes cutting back TSCA PFAS reporting requirements

 

The U.S. EPA has proposed narrowing the scope of its TSCA PFAS reporting rule by exempting imported articles, de minimis quantities, and several other activities from reporting obligations. These long-expected revisions could ease compliance burdens for thousands of companies that are not typically required to report under TSCA, aligning with the Trump Administration’s objective of reducing overly burdensome regulatory requirements. If finalized, the proposal would also postpone the start date for submitting PFAS reports.

The U.S. Environmental Protection Agency (EPA) has released a proposal to revise its perfluoroalkyl and polyfluoroalkyl substances (PFAS) reporting requirements under the Toxic Substances Control Act (TSCA). The goal is to make the reporting framework more practical and workable, reduce unnecessary or duplicative obligations for businesses, and still ensure the agency obtains essential information on PFAS uses and safety.

In October 2023, under the Biden Administration, EPA finalized a one-time PFAS reporting and recordkeeping rule under TSCA section 8(a)(7). This rule requires manufacturers—including importers—that produced PFAS at any time between 2011 and 2022 to submit data on exposure, as well as any known environmental or health effects. The rule has been widely criticized as overly burdensome, imposing compliance costs approaching $1 billion without providing a clear plan for how EPA would use the collected data or how it would advance environmental protection. Significant implementation issues, including IT system failures and administrative delays, have further highlighted shortcomings in the rule’s design, which places disproportionate burdens on small businesses and importers while offering limited environmental benefit.

EPA’s newly proposed changes aim to support Administrator Zeldin’s “Powering the Great American Comeback” initiative by lowering regulatory reporting burdens, improving predictability for industry, and reducing overall compliance costs—all while ensuring EPA continues to receive the PFAS information most relevant to its mission. The proposal also fulfills Administrator Zeldin’s April 28, 2025, commitment to implement TSCA section 8(a)(7) in a way that gathers the necessary data Congress intended without overburdening small businesses and importers of articles.

“This Biden-era rule would have imposed crushing regulatory burdens and nearly $1 billion in implementation costs on American businesses,” said EPA Administrator Lee Zeldin. “Today’s proposal is grounded in common sense and the law, allowing us to collect the information we need to address PFAS contamination without placing unreasonable demands on manufacturers—especially the small businesses that fuel our economy.”

The proposed revisions would preserve key PFAS reporting requirements while exempting activities that manufacturers are unlikely to know about or reasonably be able to determine. The exemptions would apply to:

• PFAS manufactured or imported in mixtures or products at concentrations of 0.1% or less;
• Imported articles;
• Certain byproducts;
• Impurities;
• Research and development substances; and
• Non-isolated intermediates.

EPA is also proposing technical corrections to clarify required data elements and to adjust the reporting timeframe.

To find out more about chemical and material compliance, do not hesitate to contact the Product Compliance Institute.