On August 29, 2025, the Environmental Protection Agency (EPA) sent a proposed revision of the reporting rule for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA) to the White House Office of Management and Budget (OMB) for review. The proposed rule is expected to be published in December 2025, with a final rule anticipated in June 2026.
TSCA PFAS Reporting Rule
Promulgated in October 2023, the TSCA PFAS reporting rule requires manufacturers, including importers and small manufacturers, of PFAS in any year from 2011 through 2022 to electronically report certain data to the EPA, including PFAS usage, production volumes, disposal, exposures, and hazards.
Delayed Data Submission Period
In May 2025, the EPA published an interim final rule delaying the TSCA PFAS reporting rule. Reporting will now begin on April 13, 2026 and end on October 13, 2026, with a later deadline of April 13, 2027 for small manufacturers reporting exclusively as article importers. The original start date of November 21, 2024 had already been postponed to July 11, 2025.
As the basis for the nine-month delay, the EPA cited the need for additional time to prepare the Central Data Exchange (CDX) data collection system and to review public comments before the data submission period begins. In the Federal Register notice announcing this interim final rule, the EPA also said it may reopen certain aspects of the rule to public comment, indicating that it wanted to avoid overburdening small businesses and article importers.
Public Comments and Industry Advocacy
The EPA solicited public comments on the interim final rule delaying the data submission period earlier this summer. In their comments, industry groups requested the agency to adopt exemptions for article importers, complex products, replacement parts, low-risk chemical and material components such as fluoropolymers and refrigerants, and de minimis PFAS concentrations. Commentors also asked the EPA to clarify or revisit the “known or reasonably ascertainable” due diligence standard, including guidance for article importers in multitiered supply chains. Others raised concerns about the CDX data submission platform, calling for a beta testing period and access to the reporting module at least six months before submissions begin.
Since the EPA announced the proposed revised rule, industry groups have continued to meet with EPA and White House officials to advocate for waivers and exemptions from the reporting requirements, aiming to reduce burdens on regulated entities.
What to Expect
Neither the proposed rule submitted to OMB nor a summary has been made public. Industry groups’ public comments on the interim final rule and the EPA’s past remarks about easing reporting burdens, however, provide some insight into what affected businesses can expect.
The EPA’s proposed revisions to the TSCA PFAS reporting rule are expected to address, at least in part, some of the concerns raised during this summer’s public comment period. For example, the EPA has signaled a willingness to revise the availability and scope of exemptions in a way that meets its information-collection goals without unduly burdening regulated entities.
Businesses should closely watch whether the EPA provides further guidance on or relaxes the “known or reasonably ascertainable” due diligence standard, particularly as it applies to the rule’s long lookback period. In addition, the EPA may consider working with Congress to shorten the current 12-year lookback period in response to industry concerns that even three-year-old data from 2022 may not reflect current practices in product composition and PFAS content.
Next Steps for Companies
The proposed rule is expected to be published in December 2025, with a final rule anticipated in June 2026, two months after the data submission period begins. Given this short timeline, affected companies should continue to collect data and prepare for reporting under the current TSCA PFAS reporting rule to meet the 2026 deadlines.
Once the proposed revisions are published, businesses may also consider submitting public comments, either in support of the proposed revisions or to advocate for further changes.
Alston & Bird is closely monitoring the TSCA PFAS reporting rule and continues to advise companies as they prepare for compliance.
If you have any questions, or would like additional information, please contact one of the attorneys on our Environment, Land Use & Natural Resources team.
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