TSCA Section 8(a)(7) PFAS Reporting Requirements Likely To Become Final In Early 2026

The Trump Administration issued a proposed rule in the Federal Register on November 13, 2025, with the public comment period closing on December 29, 2025, regarding new exceptions and carve outs associated with the onerous TSCA Section 8(a)(7) PFAS reporting requirements. The rule is expected to become final in early 2026, triggering reporting requirements for many commercial and industrial entities.

As a recap of the prior iterations of the rule, TSCA was amended in 2020 to require that any person that manufactures (including imports) or has manufactured (including importation of) PFAS or PFAS-containing articles in any year since January 1, 2011, must electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards. The 2011 date appears in the text of the statute. See 15 U.S.C. § 2607(a)(7). Under the Biden Administration, EPA issued a final rule regarding these recordkeeping and reporting requirements in October 2023