The U.S. Environmental Protection Agency (EPA) is proposing to scale back reporting requirements for per- and polyfluoroalkyl substances (PFAS). These substances, known colloquially as “forever chemicals,” are linked to potential toxicity and bioaccumulation in humans and ecological receptors.
The changes would impact Toxic Substances Control Act (TSCA) section 8(a)(7). Under this section, EPA must require facilities that have manufactured PFAS in any year between January 1, 2011 and December 31, 2022, to report certain PFAS data to the agency.
The TSCA rule was finalized in 2023, but the submission period for its required PFAS data hasn’t started. The deadline for submitting data under this rule has been extended twice. Most recently, EPA published an interim final rule to move the start of the data submission period to April 13, 2026. But this date could change again under EPA’s proposed rule for PFAS reporting exemptions.
EPA’s proposal would exempt PFAS reporting for the following situations:
PFAS manufactured/imported in mixtures or products at concentrations of 0.1% or less by weight, in line with Safety Data Sheet limits for “health hazard” chemicals under the Occupational Safety and Health Administration, as well as notification levels under the European Union’s Registration, Evaluation, Authorization and Restriction of Chemicals regulation
PFAS in mixtures
PFAS in imported articles
PFAS in research and development chemicals
PFAS in non-commercial use byproducts, impurities, and non-isolated intermediates
Industries That Could Be Impacted
The rule names the following North American Industrial Classification System (NAICS) codes as potentially affected entities. Based on applicability criteria under 40 CFR 705.10 and 40 CFR 705.12, additional industrial and commercial activities may be impacted.
Utilities (NAICS code 22)
Manufacturing (NAICS codes 31 through 33)
Wholesale trade (NAICS code 42)
Waste management and remediation services (NAICS code 562)
Will the PFAS Definition Change?
No. The rule maintains three structural formulas to define which PFAS to report:
R-(CF2)-CF(R’)R”, where both the CF2 and CF moieties are saturated carbons
R-CF2OCF2-R’, where R and R’ can either be F, O, or saturated carbons
CF3C(CF3)R’-R”, where R’ and R” can either be F or saturated carbons
EPA estimates that there could be nearly 1,500 fluorinated chemicals that meet these definitions for reportable PFAS. The regulated community is responsible for figuring out which reportable PFAS within their inventories meet the definition of a “TSCA chemical substance” and thus subject to reporting.
Has the Submission Period for PFAS Data Changed?
Yes. The current report submission start date of April 13, 2026, would change. As written, the proposed rule would start the submission period 60 days after the effective date of the final rule. The submission window would be open for 90 days.
Will the Downstream Processing and Use Notifications for PFAS Still Be Required?
Yes. Manufacturers that report pursuant to this rule are still required to provide downstream processing and use information regarding PFAS in consumer and commercial products, including articles.
Other PFAS Updates
EPA also announced that it will provide additional clarifications and technical corrections, as well as potentially revisit major rule elements such as the de minimis exemptions (0.1% versus 1%), the scope of reportable PFAS (described as structural definition versus discrete list), and manufacturing/importing production volume thresholds.
The agency will accept public comments on these potential changes for 45 days after the proposed rule is published in the Federal Register.