PFAS: The EPA proposes changes to reporting requirements to make them more practical
On November 10, the EPA proposed changes to PFAS obligations with the aim of simplifying management for companies
21 Nov 2025The United States Environmental Protection Agency (EPA) has recently announced a proposal to amend the reporting requirements for PFAS (per- and polyfluoroalkyl substances) under the Toxic Substances Control Act (TSCA). These changes are intended to make the obligation more manageable for companies, without compromising the quality of the information collected.
Regulatory Context
In October 2023, the EPA finalized a rule regarding the reporting and recordkeeping of PFAS data under section 8(a)(7) of TSCA, which requires PFAS manufacturers (including importers) to report to the EPA data related to content and exposure for products manufactured or imported in any year between 2011 and 2022.
This obligation applies to anyone who has manufactured or imported PFAS, including those contained in mixtures and finished articles. The goal is to build a comprehensive information framework to support the regulation and risk management of these substances.
Proposed Exemptions
The EPA now proposes to introduce certain exemptions from this obligation:
- Impurities: The reporting obligation would be limited to intentionally added PFAS, excluding those resulting from accidental presence or contaminants;
- Imported articles;
- PFAS manufactured or imported in a mixture or product at a concentration equal to or less than 0.1%;
- Certain byproducts;
- Non-isolated intermediates;
- Chemicals intended for research and development
These proposals arise from discussions with stakeholders, who highlighted practical difficulties in retrieving historical data, especially for imported articles. The EPA recognizes that a more targeted approach can still ensure effective data collection, focusing on intentionally used PFAS and reducing the risk of incomplete or incorrect reporting.
Next steps
The proposal will now be subject to consultation, which will be closed on January 22, 2026. Interested companies are invited to participate in the consultation process to help define the final regulatory measure.