EPA Proposes Easing the TSCA PFAS Reporting Rule

The proposed changes, currently under OMB consideration, may reduce reporting obligations for article importers and other entities subject to the rule, though no final decisions have been made.

The original TSCA PFAS reporting rule, which requires manufacturers and importers to report on PFAS uses, production volumes, disposal, exposures, and hazards, has faced multiple delays and significant criticism from industry stakeholders. Industry groups have argued that the rule’s broad scope and lengthy lookback period impose substantial compliance costs, particularly for small businesses and article importers. In response, the EPA has indicated a willingness to revise the rule to collect necessary information without unduly burdening regulated entities. However, the EPA cannot change the rule’s 12-year look-back period, although it may be able to change the scope of companies subject to the rule (e.g., importers of manufactured articles).

Notably, the existing reporting rule exempts importers of articles containing PFAS from disclosing information regarding PFAS disposal, potential exposures, and hazards, even though manufacturers of PFAS are presently obligated to provide such data.

The EPA now proposes to issue a notice of proposed rulemaking this December and a final rule in June 2026 to finalize the revisions or amendments currently being considered. During this period, stakeholders should be aware that the EPA is considering amendments that could ease reporting requirements, particularly for article importers. However, until the review is complete, and any revisions are finalized, the current reporting obligations remain in effect.

The Consumer Products group at ArentFox Schiff will continue to monitor developments closely and is available to advise on how the proposed rule may affect your organization and provide guidance on PFAS compliance nationwide.