May 14, 2025
The U.S. Environmental Protection Agency (EPA or Agency) has issued an interim final rule extending the reporting period for manufacturers (including importers) of per- and polyfluoroalkyl substances (PFAS) subject to EPA’s October 2023 Toxic Substances Control Act (TSCA) rule.
The October 2023 rule (40 C.F.R. Part 705), promulgated pursuant to TSCA section 8(a)(7), requires those who manufactured (including imported) for commercial purposes PFAS or any article containing PFAS, in any quantity, in any year between January 1, 2011 and December 31, 2022 to report certain information to EPA. The information required for reporting includes company and plant size, chemical information, categories of use, quantity, description of byproducts, environmental and health effects, worker exposure data, and method of disposal. The requirement applies even to small entities and requires that regulated parties make a “reasonable effort” to obtain and report known or “reasonably ascertainable” information.
The original rule established a reporting period of July 11, 2025 to January 11, 2026 for most manufacturers, with an extended deadline of July 11, 2026 for small manufacturers reporting only article imports.
The interim final rule extends the reporting period by nine months, setting the period from April 13, 2026 to October 13, 2026 for most manufacturers, with an extended deadline of April 13, 2027 for small manufacturers reporting only article imports.
In its news release announcing the interim final rule, EPA states that the reason for the extension is to allow the Agency more time to develop and test the software being used to collect the data required of manufacturers and importers. This will provide feedback to EPA, including regarding additional guidance the Agency could provide to assist parties subject to the rule.
The interim final rule went into effect on May 13, 2025. EPA is accepting public comments on the rule’s reporting period change until June 12, 2025.
In its announcement regarding the current rule, EPA also announced that it is considering a separate action to reopen other aspects of the TSCA § 8(a)(7) rule for public comment. EPA will address comments received on that action and the current interim rule concurrently. While the Agency does not specify which aspects of the October 2023 rule it intends to reopen, its April 28 press release indicates the Agency may ease requirements for small businesses and article importers.