As part of US EPA’s action back in May to (again) delay the reporting period for the TSCA PFAS reporting rule (Rule) the agency also announced that it would use the additional time to consider revisions to the Rule. Last week, US EPA took the next step to revising the rule. According to the Office of Information and Regulatory Affairs (OIRA), US EPA “plans to [revise the Rule and] propose the incorporation of certain exemptions and other modifications to the scope of the reporting rule.” An exemption from the import of articles containing PFAS seems likely along with other potential revisions to reduce the reporting burden on industry.
According to OIRA, a Notice of Proposed Rulemaking will be issued in December 2025 with a final rule expected in June 2026. US EPA’ latest action delayed the reporting period with a deadline of October 13, 2026 – a deadline that will likely be extended again as part of the revision.
If you have any questions about your reporting obligations under the rule and how the revisions may impact your compliance strategy or would like to participate in future public comments on proposed rule changes, please contact Jake Bartlett or your Vorys environmental attorney.