[co-author: Shivani Swami (International Law Advisor)]
On May 12, 2025, the U.S. Environmental Protection Agency (EPA) issued an interim final rule to amend the reporting period under the per- and polyfluoroalkyl substances (PFAS) reporting rules issued in October 2023 under the Toxic Substances Control Act of 1976 (TSCA). The rules require entities that manufactured or imported PFAS and/or PFAS-containing articles between January 2011 and December 2022 to report certain data. EPA first established a reporting window of November 12, 2024, to May 8, 2025. The window was moved to July 2025 to January 2026 (or July 2026 for small manufacturers exclusively importing regulated products) due to delays in development of the Central Data Exchange (CDX), EPA’s web-based reporting tool for information submitted under the TSCA PFAS reporting rules. If finalized, EPA’s proposed rule will again change the data submission period to April 13, 2026, to October 13, 2026, to allow the Agency “more time to prepare the reporting application to collect this data.” Note that the end date for small manufacturers reporting exclusively as article importers of regulated products will shift to April 13, 2027.
Within the reporting periods, entities must submit to EPA information regarding: the manufacturing company; the chemical identity, form, purpose and volume of the PFAS produced; byproducts generated during its manufacturing and disposal; environmental and health effects, worker exposure data and disposal data relating to the PFAS produced. While EPA has not proposed any changes to these substantive requirements, supplementary information accompanying the proposed rules indicates that the Agency may reopen portions of the underlying reporting rule to public comment, and that the delay will give the Agency time to consider comments and propose and finalize any modifications to the reporting rules.
