EPA Proposes Significant Amendments to PFAS Reporting Rule

The U.S. Environmental Protection Agency (EPA) has released a pre-publication edition of its much-anticipated proposal to amend the Toxic Substances Control Act (TSCA) reporting and recordkeeping regulation for per- and polyfluoroalkyl substances (PFAS). The term PFAS, as defined in the current rule, could include potentially thousands of individual chemical substances. The amendments proposed could substantially reduce the reporting burdens imposed by the 2023 edition codified during the Biden administration.

In October 2023, EPA finalized its rule requiring manufacturers and importers to report detailed information on PFAS domestically manufactured or imported between 2011 and the end of 2022. The PFAS reporting rule implements a provision of the National Defense Authorization Act for Fiscal Year 2020, which added TSCA section 8(a)(7).¹ As currently codified, the rule established the first comprehensive PFAS reporting program under TSCA, capturing PFAS manufacturing and importing information covering a period of more than 10 years. The information currently required to be reported includes chemical identities, uses, production volumes, potential human exposures, and existing health or safety data previously not submitted to EPA. The scope of the 2023 final rule covers PFAS that may have been produced or imported during the period covered, even when present only as an unintended impurity or byproduct in other products or imported in manufactured articles.

The new proposal would substantially narrow the scope of the October 2023 final rule by adding key exemptions and technical corrections that are expected to reduce the reporting burden, particularly for importers, small entities, and companies that manufacture or import certain products and formulations that might contain trace levels of PFAS. EPA estimates total industry cost savings of $786 million to $843 million, with small entities realizing over $700 million in reduced compliance costs.

Key Proposed Exemptions

EPA proposes adding key categories of exemptions to 40 C.F.R. Part 705 that would relieve reporting obligations for activities unlikely to yield relevant information related to human or environmental risks. These include:

1. De Minimis Concentration (≤ 0.1%). PFAS present below 0.1% by weight in any mixture or article would be exempt from reporting. EPA has determined that information below this threshold is not reasonably ascertainable for the 2011-2022 timeframe covered and that Safety Data Sheet (SDS) or the European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) frameworks did not require disclosures of PFAS below that level. EPA further notes that a uniform 0.1% cutoff aligns with existing hazard communication standards and reduces reporting burdens without materially affecting data quality.

2. Imported Articles. PFAS contained in imported articles would be excluded from reportable activities. EPA now proposes to interpret TSCA section 8(a)(7) as requiring reporting by “manufacturers of PFAS” themselves, not importers of articles that merely contain PFAS. This change would significantly reduce the burden for importers of electronics, textiles, automotive parts, garments, consumer products, and other items.

3. Byproducts, Impurities, and Non-Isolated Intermediates. PFAS produced as byproducts, unintentionally present as impurities, or used only as non-isolated intermediates (meaning that PFAS formed and consumed entirely within enclosed chemical manufacturing equipment) would be exempt, aligning the rule’s exemptions with those provided in other existing TSCA reporting rules, such as the Chemical Data Reporting (CDR) requirements. However, manufacturers would still be required to report on any PFAS byproducts used for a commercial purpose.

4. Research and Development (R&D) Chemicals. PFAS manufactured solely in quantities “no greater than reasonably necessary” for R&D purposes would be exempt from reporting. EPA notes that R&D-related reporting would not contribute information important to an understanding of exposures attributable to commercial uses of PFAS, and thus these activities would not need to be reported under the amended rule.

EPA acknowledges that certain entities may qualify for multiple exemptions (e.g., PFAS below 0.1% and PFAS in an imported article), and the EPA invites comment on consolidating one or more of the exemptions provisions for clarity.

Additional Proposed Changes

Submission Period. The proposed reporting period would occur during a three-month window beginning 60 days after the final rule’s effective date. This adjustment replaces the prior staggered schedule established in the October 2023 final rule and eliminates the extended 12-month deadline previously granted to small manufacturers reporting solely as article importers.

Clarifications. EPA proposes to clarify that the use of Organization for Economic Co-operation and Development Harmonized Templates for data reporting applies only to unpublished study reports. The proposed rule would also revise and clarify consumer and commercial product categories to reduce overlap and confusion among reporters.

Confidential Business Information Provisions. EPA proposes minor adjustments to specify how confidentiality claims apply to specific data elements, including production volumes, chemical identity, and joint submissions.

Expected Burden Reduction Benefits

The proposed exemptions are expected to relieve substantial reporting burdens for importers, laboratories, and manufacturers that handle trace or incidental PFAS. EPA states that “an estimated 127,469 small article importers would no longer be subject to the regulation.” Entities producing or formulating PFAS for commercial use will continue to report production, use, and byproduct data. EPA reserves the ability to revisit exemptions in future rulemakings if data gaps hinder TSCA implementation.

EPA’s proposed PFAS amendments would better align TSCA PFAS reporting with the existing CDR framework, which requires manufacturers to report chemical production information to EPA every four years for the preceding reporting period. The CDR rule already includes many of the same exemptions — such as for impurities, byproducts, and research and development substances — that EPA now proposes to extend to PFAS reporting. By harmonizing these provisions, EPA will create greater consistency across TSCA data collection programs.

EPA is accepting comments for 45 days following publication in the Federal Register.

Arnold & Porter will continue to track EPA’s implementation of this proposal and any subsequent regulatory actions.

Based on EPA pre-publication version signed November 10, 2025.

© Arnold & Porter Kaye Scholer LLP 2025 All Rights Reserved. This Advisory is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.