In our October 5, 2023, blog, we discussed a significant regulatory action under the Toxic Substances Control Act (TSCA) relating to reporting per- and polyfluoroalkyl substances (PFAS). The rule, “Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances,” was proposed on June 28, 2021, and was final on September 28, 2023.
This rule created a significant reporting obligation, including extensive information gathering dating back to January 1, 2011. Additionally, unlike what we typically see under TSCA, there were no exemptions for small businesses or de minimis use.
The EPA Administrator, Lee Zeldin, said, “This Biden-era rule would have imposed crushing regulatory burdens and nearly $1 billion in implementation costs on American businesses.”
Amendments proposed to the Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (Image Credit: Gerd-Altmann-from-Pixabay.jpg).
Proposed Changes to TSCA PFAS Reporting Rule to Provide Small Business Relief
As we shared in our June 2025 environmental compliance tip, the reporting deadline was delayed, but the rule remained. However, on November 10, 2025, a pre-publication notice was issued that proposes several changes to the rule. These changes include the following exemptions to the rule:
- PFAS manufactured (including imported) in mixtures or products at concentrations 0.1% or lower
- Imported articles
- Certain byproducts
- Impurities
- Research and development chemicals
- Non-isolated intermediates
The EPA is also requesting feedback on whether it should consider adding a production volume threshold by which reporting on a given PFAS would not be required, similar to the exemption in the Chemical Data Reporting rule for chemicals manufactured or imported under 25,000 pounds (or 2,500 pounds for chemicals subject to certain TSCA actions) (Source: Hunton).
What Would Not Change in the Proposed Changes
Based on the notice, it appears that the EPA will keep the definition of PFAS for the purposes of this rule. The definition is any chemical substance or mixture containing a chemical substance that structurally contains at least one of the following three sub-structures:
(1) R-(CF2)-CF(R’)R,’’ where both the CF2 and CF moieties are saturated carbons
(2) R-CF2OCF2-R,’ where R and R’ can either be F, O, or saturated carbons
(3) CF3C(CF3)R’R,’’ where R’ and R” can either be F or saturated carbons.
Additionally, for those who are still required to report, it appears that the long list of data elements required to be reported will not change. See our October 18, 2023, blog for a list of required reporting elements.
Ballard Spahr provided the following: “The proposed rule retains the core applicability to manufacturers (including importers) of PFAS for commercial purposes since January 1, 2011, through December 31, 2022…”
The new reporting window will start 60 days after the effective dates of the final rule.
The EPA states that, upon publication of the Federal Register notice, EPA will accept comments on the proposed changes for 45 days in docket #EPA-HQ-OPPT-2020-0549 on www.regulations.gov.
Environmental Advice
Dragun Corporation has assisted the regulated community with environmental compliance, assessment/remediation, and litigation support since 1988. If you need assistance with an environmental issue, contact Jeffrey Bolin, M.S., CHMM, at 248-932-0228, Ext. 125.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
Jeffrey Bolin, M.S., reviewed this blog. Jeff is a partner and senior scientist at Dragun Corporation. He is a published author, a frequent speaker, and an expert witness. His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.
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