US EPA Issues Direct Final Rule Extending TSCA PFAS Reporting Deadlines

Companies subject to the reporting and recordkeeping requirements of Section 8(a)(7) of the Toxic Substances Control Act (TSCA) for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS), often referred to as the “TSCA PFAS Reporting Rule,” are set to receive a temporary reprieve from the upcoming deadlines for submitting PFAS-related data.
On September 5, 2024, the U.S. Environmental Protection Agency (EPA) issued a direct final rule, postponing the start of the reporting period by eight months. Originally slated to begin on November 12, 2024, the submission window will now open on July 11, 2025, with the final deadline extended to January 11, 2026, instead of May 8, 2025. Small businesses will have even more time, with their final deadline pushed to July 11, 2026. The six-month reporting period remains unchanged, but this extension gives companies more time to prepare.
EPA explained that the delay is necessary due to setbacks in developing the software intended for collecting and processing the submissions. Budget and resource limitations have slowed the agency’s progress, and more time is needed to ensure the system is functional and reliable for gathering the data from companies.

However, the delay is more than just a technical necessity. EPA also acknowledged that the extension allows businesses additional time to compile accurate reports. The rule’s requirements involve significant investigation and reporting, particularly for companies that manufactured or imported PFAS—either directly or through products containing PFAS—between January 1, 2011, and December 31, 2022. Companies are required to report data related to PFAS chemical identity, structure, uses, exposure risks, disposal practices, and environmental and health effects during this period.

EPA highlighted that the amount of data expected under the TSCA PFAS Reporting Rule is unprecedented. With over 15,000 PFAS chemicals identified and a reporting window spanning 12 years, the rule demands companies submit all known or reasonably ascertainable information about their PFAS activities. This standard requires companies to gather data both from internal records, such as design documents, import records, and product specifications, and from external sources like suppliers.

As a direct final rule, this regulatory change is expected to take effect within 60 days of its publication unless adverse comments are received. If the rule does face opposition, EPA would withdraw it and address the feedback through a subsequent final rule. Nonetheless, EPA has stated that the original submission timeline is no longer feasible, citing the incomplete state of its data collection software. The proposed new timeline also allows for industry stakeholders to test the system and provide input to refine the process.

While many businesses will welcome the eight-month extension, it does not provide a reason to delay compliance efforts. Companies with complex manufacturing processes or global supply chains should use this additional time to reassess their strategies, optimize data collection systems, and ensure they have a plan for reaching out to suppliers. For those only now realizing the applicability of the TSCA PFAS Reporting Rule, the extended timeline offers an opportunity to develop a comprehensive compliance approach before the deadline