EPA proposes changes to TSCA PFAS one-time reporting requirements (exemptions, de minimis threshold, and other reporting mechanics)

EPA issued a proposed rule to amend the TSCA §8(a)(7) one-time PFAS reporting and recordkeeping requirements for PFAS manufactured/imported during 2011–2022. The proposal would add/clarify multiple exemptions (including an exemption for imported articles and exemptions for certain byproducts, impurities, R&D chemicals, and non-isolated intermediates) and introduce a de minimis threshold (PFAS in mixtures/products at ≤0.1%) along with other technical corrections and adjustments to reporting mechanics. EPA indicated the proposal would be open for comment (e.g., 45 days after Federal Register publication, as described in the prepublication materials). Compliance teams should assess whether operations and supply chains qualify for proposed exemptions and prepare comments/positioning given potential scope reductions and reporting burden changes.