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Key Takeaways
While the Agency's broader PFAS agenda and stringent state regulations will continue to drive compliance and enforcement, EPA's proposed exemptions to the one-time TSCA reporting rule are a welcome development for impacted stakeholders.
In October 2023, the U.S. Environmental Protection Agency ("EPA") adopted a rule requiring per- and polyfluoroalkyl substances ("PFAS") manufacturers and importers to"submit information to EPA regarding PFAS uses, production volumes, byproducts, disposal, exposures, and existing information on environmental and health effects" from PFAS or PFAS-containing imported articles between 2011 and 2022. The stated rationale was that it would allow EPA to "better characterize the sources and quantities" of "PFAS in the United States."Toxic Substances Control Act ("TSCA") Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances, 40 C.F.R. § 705 (2023). The reporting rule's lengthy lookback period and the breadth of information and activities it covers have presented challenges for regulated entities, including spending resources to determine whether they are subject to the rule and what information is reportable. EPA has twice extended the initial reporting deadline, most recently to April 2026.
Earlier this month, the EPA under the Trump administration proposed several significant exemptions to the PFAS reporting rule to reduce compliance costs and burdens for regulated entities. The proposed exemptions would include:
- De Minimis. PFAS in mixtures or articles at concentrations below 0.1 percent.
- Imported Articles. PFAS imported as part of a manufactured item, such as a textile, that has an end-use function dependent on its shape or design and that does not have any commercially relevant change of chemical composition during use.
- Byproducts, Impurities and Non-Isolated Intermediates. Typically, PFAS that emerge as byproducts of a manufacturing process (not used for commercial purposes).
- Research and Development ("R&D") Chemicals. PFAS manufactured (including imported) in small quantities for R&D purposes.
The EPA's Proposed Rule is open for public comment until December 29, 2025.
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