Proposed Rule: EPA Adjusts TSCA 8(a)7 PFAS Reporting Requirements

The U.S. Environmental Protection Agency (EPA) has published a proposed rule to amend the TSCA 8(a)7 PFAS Data Reporting and Recordkeeping regulation, introducing several exemptions while keeping the core one time PFAS reporting obligation in place. These changes would significantly narrow reporting for activities where manufacturers and importers are least likely to have, or be able to obtain, detailed PFAS information, especially for certain articles and low concentration uses.

Background and scope of the rule

Under the original TSCA section 8(a)(7) PFAS rule, finalized in October 2023 any company that manufactured or imported a PFAS for a commercial purpose in any year from 1 January 2011 through 31 December 2022 must submit detailed information to EPA. The required data covers PFAS identity, production volumes, uses, byproducts, exposure, and disposal. It also includes any known environmental or health effects. The obligation applies broadly across utilities, manufacturing, wholesale trade, and waste management sectors.

EPA’s November 13, 2025 proposal would revise this existing rule rather than replace it, using authority under TSCA section 8(a)(7) and informed by the National Defense Authorization Act for FY 2020, which mandated PFAS data collection since 2011. The Agency explicitly frames this reconsideration within the Trump Administration’s deregulatory Executive Order 14219, seeking to reduce unnecessary or duplicative reporting, minimize burdens on small manufacturers. It also aims to focus obligations on entities most likely to hold useful information.

Key proposed exemptions and adjustments

EPA proposes to exclude several categories of PFAS “manufacture” (including import) from the scope of reportable activities, while maintaining reporting for more direct PFAS production and use. The proposed exemptions include:

• De Minimis Threshold: PFAS present in mixtures or products at concentrations at or below 0.1% would be exempt. This creates a de minimis threshold for low level PFAS content.
• Imported Articles: Imported articles containing PFAS would be exempt. This is based on EPA’s revised view that TSCA section 8(a)(7) targets manufacturers of PFAS themselves, rather than downstream article importers.
• Byproducts and Impurities: PFAS manufactured solely as byproducts, impurities, or non isolated intermediates would be exempt. This also applies to PFAS resulting from incidental exposure or end use under specified TSCA conditions.
• R&D Exemption: PFAS manufactured or imported only in small quantities for research and development purposes would be exempt. EPA considers these quantities not commercially significant for this data collection.

EPA emphasizes that these carve outs are intended to preserve “important reporting on PFAS, consistent with statutory requirements.” At the same time, they remove obligations for activities where historical PFAS content is hard to know or ascertain and where the informational value to TSCA is more limited.

Reporting window, burden and comment period

The proposed rule keeps the underlying reporting period (2011–2022) but would change how and when information is submitted. Instead of the previously planned April–October 2026 six month submission window. EPA now proposes to open reporting 60 days after the final rule becomes effective and close the window after three months, for all non exempt manufacturers and importers.

With the new exemptions, EPA estimates around 255 entities would remain subject to the PFAS reporting rule, with a total annual burden of roughly 134,004 hours and about 11.4 million USD in costs. Meanwhile, a large population of small article importers and several hundred small manufacturers would see their obligations eliminated or reduced. EPA projects that small businesses could be relieved of hundreds of millions of dollars in compliance costs. The Agency confirms that the proposal would not impose incremental costs on small entities, but rather reduce existing burdens. Written comments on the proposed amendments are due to EPA by 29 December 2025, with separate deadlines for comments on the information collection aspects under the Paperwork Reduction Act.

Whether you are a current user or new to the platform, Compliance Data eXchange (CDX) provides the tools necessary to turn these regulatory challenges into competitive advantages. The proposed EPA changes simplify reporting for many, but they also require you to be precise about exactly what is in your products to prove you qualify for the new exemptions. Take control of your compliance today by using CDX to ensure your data is accurate and your exemptions are valid.

Request a demo and learn more about what CDX can provide under our webpage.