December 16, 2025

EPA Proposes Exemptions to TSCA’s PFAS Reporting Provisions

On November 13, 2025, EPA proposed amendments to the TSCA reporting and recordkeeping provisions for per-and polyfluoroalkyl substances (PFAS). [90 FR 50923] Those provisions, finalized on October 11, 2023, and discussed in a previous article, require manufacturers and importers of PFAS in any year between 2011–2022 to report certain data to EPA related to PFAS exposure and environmental and health effects. [88 FR 70516] To support its ongoing deregulatory efforts and reduce the cost and administrative burden on industry, the agency is proposing four exemptions to the data submission requirements:

A de minimis concentration exemption for reportable PFAS in mixtures or articles under which PFAS concentrations are below 0.1%. The agency reasons that because the reporting data is retrospective and since such information was not required by other programs, such as safety data sheets or the European Union’s Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH), manufacturers and importers are unlikely to have records of PFAS amounts below 0.1%. [90 FR 50927]
An exemption for PFAS imported as part of an article (defined in §704.3). Similar to the reasoning behind the first exemption, importers are unlikely to have the necessary PFAS reporting data, as foreign manufacturers would not have it available due to REACH requirements. EPA also feels that requiring reporting from importers of PFAS-containing articles exceeds its authority under TSCA Section 8(a)(7) [15 U.S.C. Section 2607(a)(7)]. [90 FR 50928]
An exemption for the manufacture of PFAS as byproducts, impurities, and non-isolated intermediates, or another manner described in §720.30(h). EPA has historically exempted such manufacturing activities from the TSCA Sections 5 and 8 [15 U.S.C. Sections 2604 and 2607] reporting obligations, and this exemption would follow suit. [90 FR 50928]
An exemption for PFAS manufactured or imported in small quantities for research and development purposes. However, “small” remains undefined. Such R&D exemptions can be found in other programs such as the CAA and RCRA. [90 FR 50930]

These exemptions would be added to §705.12, and EPA proposes to alter the submission period to begin 60 days after the effective date of the final rule and to last for three months. Comments on the proposal may be submitted through December 29, 2025 via Docket ID No. EPA-HQ-OPPT-2020-0549.

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