TSCA PFAS Reporting Deadline Extended

On November 20, 2025, the Washington Department of Ecology adopted a new twist to its Safer Products for Washington rule’s per- and polyfluoroalkyl substances (PFAS) restrictions.The rule, which prohibits the manufacture and sale of apparel and accessories, automotive washes, and cleaning products with intentionally added PFAS beginning January 1, 2027, previously included a presumption that any detection of total fluorine (TF) in these products would indicate that PFAS had been intentionally added. After much criticism during the public comment period, the Department adjusted its final adopted rule to provide a de minimis threshold. Specifically, the Department will presume that detection of TF above 50 ppm indicates intentional addition of PFAS. Manufacturers still have the opportunity to rebut the presumption with credible evidence that PFAS were not intentionally added, but they obtain a modicum of relief in the interim from the revision.

On November 10, 2025, the U.S. Environmental Protection Agency (EPA) released the pre-publication draft proposed rule to amend the PFAS reporting requirements under TSCA, entitled “Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Data Reporting and Recordkeeping Under the Toxic Substances Control Act (TSCA); Revision to Regulation.” The proposal aims to augment the exemptions to the scope of the reporting requirements and introduces additional modifications to make the rule “more practical and implementable and reduce unnecessary, or potentially duplicative, reporting requirements for businesses.” Potentially offering even greater flexibility, it concludes with a request for comment on additional provisions. 

On September 4, the U.S. Environmental Protection Agency (EPA) (finally) published its Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions (UA), a semiannual publication outlining federal agencies’ regulatory priorities and timelines for the upcoming year. The UA included a notice of its intent to rescind drinking water limits set by a Biden-era rule for three per- and polyfluoroalkyl (PFAS) substances and one PFAS mixture. EPA also published a notice of intent to retain limits on PFOA and PFOS, although with extended timelines for compliance.

On August 20, 2025, Denmark, Germany, the Netherlands, Norway and Sweden submitted an update to the proposal to restrict PFAS under the European Union’s REACH regulation that they originally submitted in January 2023. The revision reflects their comprehensive evaluation of more than 5,000 scientific and technical comments submitted by stakeholders, including industry representatives, researchers and civil society organizations.