EPA to Delay Rollout of Updated PFAS Reporting Rules

The U.S. Environmental Protection Agency (EPA) is delaying the implementation of its new reporting rule related to the manufacturing and usage of PFAS chemicals, a decision welcomed by several business associations. The EPA had initially planned for the reporting period to begin on November 12, 2024, but on September 5, the agency proposed amending the rule, pushing the start date to July 2025 due to budgetary limitations. The EPA stated that its electronic system, which is essential for collecting data on PFAS chemicals, will not be ready by the original deadline.

This rule falls under the Toxic Substances Control Act (TSCA) and was mandated by the 2020 National Defense Authorization Act. It requires manufacturers, including importers, of PFAS and PFAS-containing products to report details regarding chemical identity, usage, production volumes, health and environmental impacts, worker exposure, and disposal practices. The EPA said that the rule aims to gather the most comprehensive data set on PFAS chemicals used and produced in the U.S., but the delay is necessary to ensure the reporting system functions properly.

“The proposed revision of the submission period would facilitate compliance with the rule and help ensure that the collection includes accurate data on manufactured PFAS in the United States,” the EPA stated. The agency cited a $5 million budget reduction in 2024, which impacted the development of its information technology systems, including the software needed for PFAS reporting. Public comments on the proposed delay will be accepted until October 7, with the final rule expected to be enacted by November 4, unless significant opposition arises.

The amended timeline now stipulates that the data collection will begin on July 11, 2025, with most companies required to complete their reporting by January 22, 2026. Small businesses involved solely in importing PFAS in articles will have until July 11, 2026, to submit their reports. The contents of the rule itself, however, remain unchanged.

The National Association of Manufacturers (NAM) expressed its support for the delay, citing the administrative burden the rule imposes without delivering tangible benefits. “We are pleased to see the EPA delay this retroactive reporting requirement, which will temporarily prevent an increase in the regulatory burden facing manufacturers,” said Chris Phalen, NAM’s vice president of domestic policy. Phalen also called for the EPA to reconsider the rule unless it could effectively enforce it.

Similarly, the American Chemistry Council (ACC) commended the delay, stating that it would allow for thorough testing of the EPA’s data collection system and ensure the protection of confidential business information. The ACC had previously voiced concerns about the system’s readiness, particularly given the large number of businesses unfamiliar with TSCA reporting. The delay, according to the ACC, will allow time for beta testing of the system and for industry feedback on its functionality.

While supporting the rule’s goals, the ACC and its members continue to raise concerns over the rule's broad scope and the extensive data it demands. “PFAS are a diverse group of chemistries integral to thousands of products we use daily,” the ACC stated. “They are essential to key sectors of the economy, including defense, automotive, semiconductors, and health care.” The ACC said it looks forward to working with the EPA and educating downstream users on the updated requirements.