EPA proposes changes to TSCA §8(a)(7) one-time PFAS reporting and recordkeeping rule (40 CFR Part 705)

EPA issued a proposed rule to amend the TSCA §8(a)(7) one-time PFAS reporting and recordkeeping requirements (40 CFR Part 705). The proposal would add or clarify multiple exemptions and reporting mechanics, including a de minimis exemption for PFAS in mixtures/products at ≤0.1% concentration, an imported articles exemption, and exemptions for certain byproducts, impurities, R&D, and non-isolated intermediates. EPA indicated a 45-day comment period would run upon Federal Register publication. Companies that manufacture/import PFAS or previously expected to report (including product/article supply chains) should evaluate whether proposed exemptions would change applicability and prepare comments and contingency plans pending finalization.