EPA Eases PFAS 'Forever Chemical' Reporting Burdens Slightly
Published Date: 11/12/2025
Proposed Rule
Summary
The EPA is updating rules for companies that make or import PFAS chemicals, asking them to report certain info about these substances from 2011-2022. The changes add some smart exceptions to ease reporting on things companies probably don’t know, saving time and hassle. Comments on the proposal are open until late December 2025, so affected businesses should get ready to weigh in!
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
Large estimated industry and small business savings
EPA estimates the proposed amendments would cut industry reporting burden by about 10–11 million hours and save $786–$843 million compared to the October 11, 2023 rule. EPA estimates small businesses would be relieved of about 9.3–9.9 million hours and $703–$761 million in costs.
0.1% de minimis reporting exemption
EPA proposes a de minimis exemption that would let companies skip reporting PFAS in mixtures or articles when the PFAS concentration is below 0.1%. The exemption would apply to the retrospective reporting required for PFAS manufactured or imported between January 1, 2011 and December 31, 2022 and would apply regardless of total production volume.
Imported articles exempted from reporting
EPA proposes to exempt PFAS that are imported as part of an article from the scope of the TSCA PFAS reporting rule for the 2011–2022 period. If finalized, importers of articles containing PFAS during January 1, 2011 through December 31, 2022 would not have to report those article-related PFAS under the rule.
Byproduct, impurity, intermediate exemptions
EPA proposes to exempt PFAS that were manufactured solely as byproducts, impurities, or non-isolated intermediates (under conditions described in 40 CFR 720.30(h)) from the reporting rule for the 2011–2022 period, unless the byproduct has a separate commercial use. Reporting on byproducts that result from manufacture of a reportable PFAS remains required.
Who is covered: manufacturers and importers (2011–2022)
The proposed rule (and the underlying TSCA 8(a)(7) requirement) applies to any person who manufactured (including imported) a PFAS for a commercial purpose at any time from January 1, 2011 through December 31, 2022. EPA lists potentially affected sectors such as utilities (NAICS 22), manufacturing (NAICS 31–33), wholesale trade (NAICS 42), and waste management and remediation services (NAICS 562).
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Key Dates
Department and Agencies
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