EPA Proposes Modifications to PFAS Reporting Rule

Earlier this year, the US Environmental Protection Agency (EPA) announced that it planned to move forward with implementing certain per- and polyfluoroalkyl substance (PFAS) regulations and to make modifications to several aspects of other PFAS rules. See alert (dated 7 May 2025). On 10 November 2025, the EPA announced a proposed rule that would add exemptions to the final rule related to PFAS reporting under Section 8(a)(7) of the Toxic Substances Control Act, published on 11 October 2023 (Proposed Rule). See alert (dated 30 January 2024) for details on the October 2023 rule. Comments on this new Proposed Rule are due by 29 December 2025. 

The Proposed Rule adds several exemptions to the existing reporting requirements, which are intended to “maintain important reporting on PFAS, consistent with statutory requirements, while exempting reporting on activities about which manufacturers are least likely to know or reasonably ascertain."¹ Specifically, the Proposed Rule would exempt the following activities from PFAS reporting:

De Minimis Concentrations

This exemption would eliminate reporting requirements for PFAS in mixtures or articles when the PFAS concentration is under 0.1%.

Imported Articles

This exemption would eliminate reporting requirements for PFAS imported as part of an article from the reporting requirement. Using the definition in 40 CFR 704.3, the Proposed Rule defines articles as:

“a manufactured item (1) which is formed to a specific shape or design during manufacture, (2) which has end-use function(s) dependent in whole or in part upon its shape or design during end use, and (3) which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the article, and that result from a chemical reaction that occurs upon end use of other chemical substances, mixtures, or articles; except that fluids and particles are not considered articles regardless of shape or design.”

Byproducts, Impurities, and Non-Isolated Intermediates 

This exemption would also eliminate reporting for PFASs manufactured as byproducts, impurities, or non-isolated intermediates, as each is defined by existing regulation:

Byproducts

Byproducts are “a chemical substance produced without a separate commercial intent during the manufacture, processing, use, or disposal of another chemical substance(s) or mixture(s).”²

Impurities

Impurities are chemical substances unintentionally present with another chemical substance.³ This unintentional presence distinguishes impurities from byproducts where the produced PFAS is an intended part of the manufacturing process. Unlike byproducts, impurities lack independent commercial purpose, and they are not manufactured for distribution.

Non-Isolated Intermediates

Non-isolated intermediates are substances produced and contained within a closed system during the manufacture of another chemical substance. There is no effort to remove these substances from the system or to store, package, or transport them.⁴

Research and Development (R&D) Chemicals

The Proposed Rule would exempt PFAS manufactured or imported in small quantities for R&D purposes.⁵

In addition to these proposed exemptions, the Proposed Rule would again modify the submission deadline. Namely, the submission period would open 60 days after the final rule’s effective date and remain open for three months. This is now the third time the EPA has delayed the reporting deadline, which was originally set for May 2025, then January 2026, and most recently for October 2026. The Proposed Rule would eliminate the reporting deadline for small manufacturers reporting exclusively as article importers since they would not be required to report under the “imported articles” exemption.

Additionally, the Proposed Rule seeks to clarify elements of the reporting format by eliminating OECD-harmonized template reporting for exposure-related information that is also reported in “fielded data elements.” The Proposed Rule would also update the category names for “specific consumer and commercial products” under 40 CFR 705.15(c)(4) and would revise the “product category code names associated with CC217 through CC221 and CC305” to better identify covered articles and materials.

Finally, in addition to seeking public comment on the proposed exemptions and modifications discussed herein, the EPA requests feedback on two specific questions:

1. Should EPA amend the scope of reportable chemicals?
2. Should EPA modify any assumptions or cost savings calculations in its Economic Analysis?⁶

The Proposed Rule can be found here. Our Emerging Contaminants group is tracking critical and evolving developments for newly regulated contaminants on our Emerging Contaminants webpage. The Emerging Contaminants webpage is also where you can find a listing of our lawyers able to assist you in navigating and managing these issues.