The anticipated revisions to the Toxic Substances Control Act (TSCA) Section 8(a)(7) Per- and Polyfluoroalkyl Substances (PFAS) lookback reporting have arrived. This reporting will require facilities who have manufactured (including imported) any of more than 12,000 types of PFAS chemicals in any year 2011-2022 to submit reports to EPA detailing these and subsequent activities. The original reporting requirement was promulgated in October 2023 and included extensive due diligence, recordkeeping, and reporting requirements. For example: a company who imported a single piece of stain-resistant carpet in 2013 would have to conduct thorough due diligence to assess the PFAS content and then potentially report on the amount imported, the PFAS identity, the PFAS health risks, exposure pathways, product end uses, and other data. The current EPA administration announced earlier this year an intent to: “Implement section 8(a)(7) to smartly collect necessary information, as Congress envisioned and consistent with TSCA, without overburdening small businesses and article importers.” Now, the November 2025 proposed revisions follow through on this intent.
New Exemptions Proposed
EPA has now published the November 2025 proposed revisions which would significantly reduce the number of companies that report or conduct due diligence to evaluate reporting applicability. These include reporting applicability exemptions for:
- De minimis concentrations, where PFAS are present at concentrations 0.1% or lower,
- Imported articles;
- Byproducts, impurities, and non-isolated intermediates which are not for a separate commercial purpose; and
- Research and development (R&D) chemicals.
These proposed exemptions will significantly reduce the compliance burden, particularly for importers of PFAS containing articles. Under the October 2023 rule, many companies would have to address reporting of imported articles based on the potential for PFAS content at any concentration.
Report Submission Period and Implementation
The November 2025 proposed revisions would change the report submission period from beginning April 13, 2026 to beginning 60 days from the effective date of the final revised rule, and be open for three months. EPA expects that reporters have had since October 2023 to evaluate reporting requirements, and will not need additional time since the revised rule is less burdensome.
Reporting deadlines under the October 2023 rule were previously delayed because of EPA’s difficulty in developing a submission portal in EPA’s Central Data Exchange (CDX). The November 2025 proposed revisions do not address current status or a change in plans for developing the reporting portal in CDX.
What Has Not Changed
The November 2025 proposed revisions maintain many significant aspects of the October 2023 rule, including:
- Reporting lookback period of 2011-2022
- Reliance on information “known to or reasonably ascertainable”
- Including the onus on the regulated community to complete due diligence and recordkeeping to evaluate reporting applicability.
- PFAS definition
- This is a molecular structural definition that includes more than 12,000 PFAS. It is the most inclusive PFAS definition in any current rule from EPA and is not limited to a discrete list of CAS number identifiers.
- Extent of information to report
- Chemical identity and molecular structure
- Material use description
- Volumes manufactured (including imported)
- Descriptions of byproducts formed
- Environmental and health effects
- Worker exposure
- Manner of disposal
Path Forward for Industry
Trinity will be hosting an upcoming webinar providing more detail on the November 2025 proposed revisions (webinar date and time to-be-announced). To discuss this rule and its implications for your facility, please contact John Goetze, Anne Chappelle, or your local Trinity office for more information.
