The Environmental Protection Agency (EPA) recently announced critical changes to its long-deferred Toxic Substances Control Act (TSCA) PFAS Reporting Rule. The revised rule narrows the scope of information to be reported and eliminates the reporting obligations faced by importers of PFAS-containing articles.
Practical Implications
If finalized, the revised rule would significantly narrow the universe of entities required to report and clarify the information required to be reported. Previously, entities that imported any amount of PFAS — even as part of an imported article — were required to gather information for more than a ten-year lookback period. Under the revised rule, article importers and entities generating PFAS only as impurities, byproducts or non‑isolated intermediates are no longer required to report. EPA has also created a de minimis exemption, meaning mixtures and articles that contain less than 0.1% PFAS are not required to report.
But the relief isn’t universal. EPA is maintaining the broad definition of PFAS for purposes of the rule and has proposed a compressed reporting window, beginning 60 days after adoption of the final rule and lasting just three months. Entities that remain in scope should plan accordingly.
Key Changes
EPA proposes several notable changes in the revised rule:
- De minimis exemption: PFAS in mixtures or articles at less than 0.1% would be exempt. This exemption would apply regardless of the total production volume of the mixture or article.
- Article import exemption: Importing PFAS as part of an article would no longer trigger reporting; the streamlined article‑importer form and extended deadline would be eliminated.
- Alignment with TSCA exemptions: PFAS manufactured solely as byproducts, impurities or non‑isolated intermediates, and small‑quantity R&D production, would be exempt. PFAS-containing byproducts later used for commercial purposes remain subject to reporting requirements.
- Product category updates: Consumer and commercial category names would be refined to reduce ambiguity.
- Submission window changes: The reporting period would begin 60 days after the final rule’s effective date and run for three months; the special window for small manufacturers reporting only as article importers would be removed.
What Is Not Changing
EPA would retain the PFAS structural definition in 40 CFR 705.3 and the lookback period of Jan. 1, 2011 through Dec. 31, 2022. One‑time, substance‑specific reporting for PFAS manufacturers, including importers, not subject to an exemption will continue with no production‑volume threshold.
Call for Comments
EPA has requested public comments on several specific areas of the proposed rule, including the de minimis exemption, the imported articles exemption and the proposed change to the reporting window. Manufacturers affected by this rule should consider submitting comments by the Dec. 29, 2025 deadline.
Key Dates
- Comments due Dec. 29, 2025.
- If adopted, reporting begins 60 days after the final rule’s effective date and lasts three months.
For more information on how Warner can help you determine your PFAS reporting obligations or how to submit a comment to the EPA regarding this revised rule, contact Paul Beach, Troy Cumings or a member of Warner’s Resources, Energy and Environmental Law Practice Group.
