U.S. Environmental Protection Agency Extends PFAS Reporting Rule Submission Period

On Monday, May 12, 2025, the U.S. Environmental Protection Agency (EPA) announced an interim final rule to extend the reporting period for the EPA’s rule requiring data submission on per- and polyfluoroalkylated substances (PFAS Reporting Rule).

The EPA promulgated the PFAS Reporting Rule on October 11, 2023, under Section 8(a)(7) of the Toxic Substances Control Act (TSCA), as amended by the National Defense Authorization Act for Fiscal Year 2020, to require any person who manufactured or imported an expansive list of PFAS (including PFAS-containing articles, packaging, and manufacturing equipment) between 2011 and 2022 to make a one-time report to the EPA by May 8, 2025. For more details on the scope and requirements of the PFAS Reporting Rule, Sidley’s update is available here.

Last year, the reporting period was pushed back to begin in July 11, 2025, with submissions due by January 11, 2026. This interim final rule further extends the deadline by nine months, with submissions opening on April 13, 2026, and closing on October 13, 2026. For small manufacturers reporting exclusively as article importers, submissions will not be due until April 13, 2027. The rule will be effective immediately upon publication, but will be open for public comment on the reporting period change for 30 days.

The Agency stated it is taking this action because it requires additional time to develop the information collection software, and it is considering reopening other aspects of the rule for public comment in a future separate action. Earlier this month, on May 2, 2025, a coalition of chemical companies submitted a formal petition under TSCA Section 21 asking the EPA to withdraw the PFAS Reporting Rule and repropose a narrower version. The coalition argues the Agency should have applied typical TCSA reporting exemptions (e.g., for articles or impurities), a production volume threshold, and other limitations on scope.

This extension follows the EPA Administrator Lee Zeldin’s announcement on April 28, 2025, of the Agency’s action plan to address PFAS during the second Trump Administration. Sidley’s blog post summarizing key elements of the plan is available here.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.