In November 2025, EPA released a proposed rule that would significantly revise reporting obligations under Section 8(a)(7) of the Toxic Substances Control Act (TSCA), otherwise known as the U.S. federal “PFAS Reporting Rule.”
Finalized in 2023, the original version of the rule required domestic manufacturers of PFAS chemicals and importers of PFAS or PFAS-containing articles to submit a one-time report on all PFAS manufactured or imported from January 1, 2011 to December 31, 2022.
However, EPA is now proposing a series of reporting exemptions that would dramatically limit the scope of entities covered by the PFAS Reporting Rule. These exemptions include:
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A de minimis exemption for PFAS in mixtures or articles at concentrations below 0.1%;
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An exemption for PFAS imported into the United States as part of an article;
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An exemption for PFAS manufactured as byproducts, impurities, and non-isolated intermediates; and
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An exemption for PFAS manufactured (including imported) in small quantities for research and development (R&D) purposes, with no defined numeric limits.
As a result of the imported article exemption, in particular, businesses who imported PFAS-containing finished goods, but did not manufacture or import PFAS chemicals, will no longer have reporting obligations under the proposed revisions.
For businesses whose reporting obligations remain, the proposed revisions do not change the 2011-2022 data collection period. However, EPA’s proposal shifts the reporting submission window currently slated for April 13, 2026-October 13, 2026. Instead, reporting will begin 60 days after the draft revisions are finalized, and submissions will be accepted for the following three months.
Comments on the proposed rule were accepted until December 2025; no timeline has been announced for when the proposal may be finalized. Impacted businesses will need to track the proposal’s finalization to ensure that the proposed delays and exemptions are formally enacted.
Companies with additional questions about TSCA compliance are welcome to reach out to the Consumer Product Team at Marten Law for further support.