In 2023, EPA finalized a rule under Section 8(a)(7) of the Toxic Substances Control Act which established a one-time reporting requirement for manufacturers of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in each year since 2011. The rule required manufacturers, including article importers, to submit information to EPA regarding historical PFAS uses, production volumes, disposals, and environmental or health effects. In November 2025, EPA proposed amending this rule to, among other things, incorporate exemptions for reporting of imported articles as well as certain de minimis quantities of PFAS, byproducts, impurities, intermediates, and research and development chemicals.
In this letter, we explain that EPA should retain the scope of reportable manufacturing activities required by the 2023 rule, as an accurate picture of PFAS utilization is necessary to develop effective PFAS regulation. In particular, we caution that by limiting the scope of information to be collected, EPA risks missing critical information about compounds that may be substitutes for one another. Without this information, future action may incentivize substitution from one harmful PFAS to another, thereby undermining the intended protective effects of regulation.