On May 12, 2025, EPA announced that it will publish an interim rule further delaying by nine months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between 2011 and 2022. The interim rule will amend the final rule EPA published on October 11, 2023, which is addressed in a prior blog post available here, and the eight-month delay published in a final rule on September 5, 2024, which is addressed in a prior blog post available here.

The six-month reporting period is scheduled to run from July 11, 2025, through January 11, 2026, but the interim rule would delay the reporting period to run from April 13 to October 13, 2026. The interim rule states that the “change is necessary because EPA requires more time to prepare the reporting application to collect this data.”

Significantly, EPA also appears to be considering a future, separate action that would reopen public comments on certain aspects of the final rule requiring reporting under TSCA section 8(a)(7) in light of Executive Order 14192: Unleashing Prosperity Through Deregulation (90 FR 9065, January 31, 2025). As stated in the interim rule, EPA “is separately considering reopening certain aspects of the rule to public comment,” and “[t]he delayed reporting date ensures that EPA has adequate time to consider the public comments and propose and finalize any modifications to the rule before the submission period begins.”

There will be a thirty-day public comment period on the interim rule following its publication in the Federal Register, which is scheduled to happen on May 13, 2025.

The unpublished, public inspection version of the interim rule can be found here.