US EPA delays the PFAS one-time reporting rule again
13 May 2025
US EPA has once again delayed the start of the reporting period for the PFAS one-time reporting rule under TSCA 8(a)(7). Originally set to open this July and previously postponed to a November 2025 opening, the reporting period has seen another delay due to technical/IT issues. The reporting period change was announced in a Federal Register Notice today, and now the reporting period is set to open in April 2026. Submissions will now be due by October 13, 2026, for most manufacturers, and by April 13, 2027, for small manufacturers reporting exclusively as article importers. Last month, EPA’s 2025 budget allocated $17 million to its IT infrastructure – so this may likely be the last postponement caused by technical/IT delays.
Keep watching this space
toXcel continues to watch the Agency closely to see if they are considering further changes to this PFAS rule, especially since the FR Notice cited this as a possibility based upon this Administration’s Executive Orders on deregulation. This FR Notice indicated the Agency is “considering a separate action to reopen other aspects of this rule for public comment.” The Agency had indicated the current extension would give them time to review any such comments, if indeed the rule was reopened.
This extension follows the EPA Administrator Lee Zeldin’s announcement on April 28, 2025 regarding the Agency’s action plan to address PFAS contamination this term. The PFAS action plan did not specifically mention the reporting rule, but did state they would “[i]mplement section 8(a)7 to smartly collect necessary information, as Congress envisioned and consistent with TSCA, without overburdening small businesses and article importers.”
Industry complaints and actions
There have been numerous industry complaints about the scope of the current PFAS reporting rule. A coalition of chemical companies this month filed a petition seeking the typical reporting exemptions under TSCA 8(a)(7) which are excluded from this PFAS reporting rule. The PFAS rule currently does not have a de minimis exemption for small quantities, nor exemptions for byproducts, impurities, or articles. The current rule has only one exemption for the narrow category of certain imported municipal solid waste streams. Petitioners seem to be hopeful that the new Administration will view the regulatory reporting in a new light and may narrow down the rule as they have indicated a desire to reduce the regulatory burden.
Stay tuned as toXcel continues to keep you informed on what’s happening with PFAS regulations. Feel free to reach out if you need help understanding PFAS regulations.
