EPA Proposes Changes to PFAS Reporting Requirements

Proposed modifications aim to make TSCA Section 8(a)(7) PFAS reporting more practical while reducing regulatory burdens 

On Nov. 10, the U.S. Environmental Protection Agency announced a proposal to revise the current reporting regulations for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). According to EPA, these proposed changes seek to make PFAS reporting requirements more practical and implementable for manufacturers and importers, offering regulatory relief for businesses while ensuring that the agency continues to receive critical information on PFAS use and exposures.

Why is EPA proposing changes to PFAS reporting requirements?

In October 2023, EPA finalized a one-time PFAS reporting and recordkeeping rule under TSCA Section 8(a)(7). This rule requires manufacturers and importers of PFAS in any year from 2011 through 2022 to electronically report data to EPA regarding PFAS uses, exposure potential, and any known environmental or health effects. 

The original rule imposed significant compliance costs — estimated by EPA at nearly $1 billion — on industry, and on small businesses and product importers in particular. In its recent announcement on the proposed changes, EPA noted the original rule lacked a "clear framework" for how the collected data would be used to achieve environmental protection goals. There were also practical implementation challenges: the agency suffered from IT system failures and administrative delays implementing the rule, resulting in "failing to achieve meaningful environmental outcomes." Proposed changes by the agency are meant to address some of these challenges. 

Key proposed changes

The modifications to TSCA Section 8(a)(7) PFAS reporting would:

• Exempt reporting for PFAS manufactured (including imported) in mixtures or products at concentrations of 0.1% or lower
• Exempt reporting for imported articles
• Exempt certain byproducts, impurities, research and development chemicals, and non-isolated intermediates
• Include technical corrections to clarify what must be reported in specific data fields
• Shift the PFAS reporting deadline (currently Oct. 13, 2026) to start 60 days after the rule is finalized, with a three-month submission window

Implications for state-level reporting

This proposed rule comes at a time when states are expanding PFAS product oversight through Currently Unavoidable Use (CUU) applications like those in Maine, Minnesota, and New Mexico. Maine and Minnesota already require manufacturers to report PFAS in products, and other states may pass similar reporting rules to make up for the scaled-back reporting at the federal level. 

EPA's proposed changes to the TSCA PFAS reporting rule do not alter the agency's structural definition for "PFAS," which is defined as any compound that meets at least one of three specific structures: R-(CF2)-CF(R′)R″, R-CF2OCF2-R′, or CF3C(CF3)R′R″. Continued use of this PFAS definition means that the agency's definition of a PFAS is still more narrow, requiring at least two fully fluorinated carbons, compared to the state agency definitions that require only one fully fluorinated carbon. This inconsistency in whether compounds are considered PFAS under federal versus state reporting rules continues to present challenges for industries trying to navigate and comply with both the federal and state requirements.

Next steps for manufacturers and importers