EPA Proposes Revisions to Toxic Substances Control Act’s PFAS Reporting Rule — Adds Several Reporting Exemptions

At a Glance

• EPA announced proposed changes to the Toxic Substances Control Act (TSCA) Section 8(a)(7) reporting rule for per- and polyfluoroalkyl substances (PFAS). The proposal adds important de minimis and articles exemptions to reduce reporting burden.
• EPA set a 45-day public comment period beginning on the date of publication in the Federal Register.

On November 10, 2025, the Environmental Protection Agency (EPA) announced proposed changes to the Toxic Substances Control Act (TSCA) Section 8(a)(7) reporting rule for per- and polyfluoroalkyl substances (PFAS). According to EPA Administrator Zeldin, the proposal will ease the reporting burden on industry, especially small business and article importers, while still collecting needed information on PFAS.

In October 2023, the Biden administration finalized PFAS reporting and recordkeeping regulations under TSCA section 8(a)(7). The rule requires anyone that has manufactured or imported PFAS or PFAS-containing articles in any year since January 1, 2011, to report information regarding PFAS uses, production volumes, disposal, exposures and hazards to EPA. In response to industry concerns about the broad scope of these requirements, EPA’s proposed November 2025 revisions provide additional exemptions under the rule, alleviating reporting pressures on PFAS manufacturers and importers while maintaining important reporting requirements.

Key Proposed Revisions

EPA’s proposed amendments seek to clarify and simplify the PFAS reporting rule. The rule provides exemptions for the following.

1. De Minimis Concentration Exemption

The rule provides a reporting exemption for PFAS in mixtures or articles  at concentrations of 0.1% or lower. The concentration exemption would apply regardless of the total production volume of the mixture or article.

2. Imported Articles Exemption

The rule provides a reporting exemption for PFAS imported as part of an article.

3. Byproducts, Impurities & Non-isolated Intermediates Exemption

The rule provides reporting exemptions for:

• Byproducts: PFAS that are solely manufactured as a byproduct in a manner described in 40 CFR 720.30(h)(2).
• Impurities: PFAS that are unintentionally present within another chemical substance as defined in 40 CFR 720.30(h)(1).
• Non-isolated Intermediaries: PFAS that are manufactured and consumed within a closed system during the production of another chemical substance.

4. Research & Development Chemicals Exemption

PFAS used for research and development activities are also exempted from the reporting obligations. This exemption has no specified threshold quantity but must be less than a quantity reasonably necessary for research and development activities.

New Reporting Period

In addition to incorporating the above exemptions, EPA also proposed to amend the data submission period to accommodate changes to reporting. The new proposed reporting period will begin 60 days after the effective date of the final rule and will last for three months. Currently, the final rule is expected in June 2026.

EPA Requests for Feedback

EPA has asked for feedback during the public comment period on a variety of issues, including the following:

• Appropriate de minimis thresholds to trigger reporting
• Definition and scope of “article”
• Feasibility of data collection
• Whether to limit the scope of PFAS subject to reporting
• Small business criteria
• Impact on supply chains

Looking Forward

The proposed changes will be subject to a 45-day public comment period upon publication in the Federal Register. Comments related to the information collection provisions of the proposed rule under the Paperwork Reduction Act must be received by the Office of Management and Budget’s Office of Information and Regulatory Affairs 30 days after the date of publication in the Federal Register.

EPA has provided a prepublication notice of the final rule. For more information, see EPA’s announcement and detailed proposal here: EPA News Release, Nov. 10, 2025.

If you have questions, please reach out to the authors.

Legal clerk Emma LaFrance contributed to this update.