TSCA PFAS

In November 2025, the EPA proposed a dramatic overhaul of the 2023 "Final" PFAS Reporting Rule. While the original rule offered almost no exemptions, the new proposal introduces six standard TSCA exemptions. The goal is to focus reporting on the "primary" manufacturers and importers of chemicals rather than businesses that simply import finished goods. If finalized, this will eliminate the reporting obligation for an estimated 127,000 businesses, focusing the data call on the 4,000 entities most likely to have detailed chemical safety data. The "Six Proposed Exemptions" If these revisions are finalized in 2026, you will NOT have to report: 1. Imported Articles: Finished products (like laptops, cars, or textiles) containing PFAS. 2. De Minimis Concentrations: PFAS present at concentrations of 0.1% or lower in mixtures or products. 3. Byproducts: PFAS produced unintentionally during the manufacture of another substance (if not used for commercial purposes). 4. Impurities: PFAS present unintentionally in another chemical substance. 5. Research and Development (R&D): PFAS manufactured/imported in small quantities solely for R&D. 6. Non-Isolated Intermediates: PFAS produced and consumed within a closed-system manufacturing process.

The U.S. Environmental Protection Agency has proposed revisions to the TSCA Section 8(a)(7) PFAS Reporting and Recordkeeping Rule, significantly narrowing the scope of the original 2023 requirements. The proposal introduces six standard TSCA exemptions, including relief for imported articles and de minimis concentrations (≤0.1%), aiming to shift the reporting burden primarily to chemical manufacturers and importers rather than finished goods importers. If finalized in 2026, the revisions could eliminate reporting obligations for approximately 127,000 businesses while maintaining requirements for primary PFAS producers under the Toxic Substances Control Act framework.