The U.S. Environmental Protection Agency released a proposal on November 10 to improve the scope of its perfluoroalkyl and polyfluoroalkyl substances (PFAS) reporting regulations under the Toxic Substances Control Act (TSCA) to make them more practical and implementable while maintaining the ability to obtain important use and safety information on PFAS.
In October 2023, the Biden Administration EPA finalized a one-time PFAS reporting and recordkeeping regulation under TSCA section 8(a)(7) that requires manufacturers (including importers) of PFAS in any year between 2011-2022 to report data to the EPA related to exposure and any existing environmental and health effects. The rule's lack of practical implementation standards, evidenced by significant IT system failures and administrative delays, represents poor regulatory design that unnecessarily burdens small businesses and importers while failing to achieve meaningful environmental outcomes, according to the EPA.
The exemptions and modifications that the EPA is proposing would maintain important reporting requirements on PFAS while exempting reporting on activities that manufacturers are least likely to know or reasonably determine. The proposed exemptions are:
- PFAS manufactured (including imported) in mixtures or products at concentrations 0.1 percent or lower
- Research and development chemicals
- Non-isolated intermediates.
The agency is also proposing technical corrections to clarify what must be reported in certain data fields and to adjust the data submission period.
Upon publication of the Federal Register notice, the EPA will accept comments on the proposed changes for 45 days in docket #EPA-HQ-OPPT-2020-0549 on www.regulations.gov. Click here to view a prepublication version of this proposal.
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Association will host, PFAS in the Age of Uncertainty Conference, March 9-10, 2026, in San Antonio, Texas.