The U.S. PFAS Reporting Requirement Was Delayed. You Shouldn’t Relax Just Yet.

In September, the EPA issued a notice to delay the TSCA Section 8(a)(7) PFAS Reporting Rule. Previously, the rule required all companies that manufacture or import products that contain PFAS to report on their use of the substances over the last 12 years. The reporting window was originally slated to open on November 12, 2024, and close on May 08, 2025. However, citing issues with the electronic reporting system related to budget constraints for the software development, the EPA issued a delay. The reporting period is now set to open on July 11, 2025, and close on January 11, 2026.

When the delay was officially announced, the United States manufacturing community breathed a huge sigh of relief, as the push allowed them more time to determine how to comply with this mandatory reporting rule. However, if you haven’t started your PFAS data collection, there’s little time to relax or procrastinate. The eight-month delay to the opening of the reporting window is not a whole lot of time for data obligations of this magnitude. 

In terms of due diligence, anyone familiar with supply chain communications will tell you that it can take up to a year to collect data. Even then, you’ll often still find yourself with a host of issues to deal with. Companies that don’t have a great environmental compliance program or policy in place may struggle with knowing what information they need to collect and report, or even how to begin these types of conversations with suppliers. This uncertainty and lack of a structured, systematic process for obtaining supply chain information can lead to miscommunication, inefficient correspondence methods, and ultimately delays in data collection. Further, suppliers outside of the US may be unfamiliar with the request and have to start their own due diligence on the matter before they can even provide you with answers—which, again, can take months during the best of times. 

In other cases, manufacturers may struggle with how to create a dossier of evidence going all the way back to 2011. The data must be hunted down, organized, and documented. More challenging still, even if the information literally no longer exists, you may still be required to prove that. The EPA has mentioned during Q&A webinars that even after collecting your data and making the determination that you do not need to report, it’s still in your best interest to record that information in an available format in case your lack of reporting is ever questioned or audited. 

Many companies who started their PFAS collection efforts last year—when the reporting was first announced—are still working on obtaining the requisite supply chain information today. We are still seeing instances of “What are PFAS?” and “Does this even apply to me?” questions pop up in the industry. Despite a timeline that’s growing shorter and more urgent by the day, fundamental PFAS education is still happening. It’s essential to utilize this time to find a compliance platform to help you in these efforts if you don’t already have a dedicated internal program. 

Timely, effective compliance hinges on allowing yourself and your suppliers enough time to be able to answer your PFAS survey. This information will not only be critical for PFAS reporting requirements for the EPA, but can additionally be used for both state and other country PFAS requirements. Companies can get ahead of impending PFAS bans and restrictions by carrying out these measures and familiarizing themselves with their PFAS use and the presence of the compounds in their products. 

Waiting until the end of the reporting period to submit information is another problematic approach to compliance. In some cases, the platforms will crash at the end of reporting windows because so many companies are scrambling to submit data at the same time. Submitting your information as early as possible will ensure that you have time to deal with any technical issues that arise or reporting details you might have missed. 

While the delay to the EPA PFAS reporting requirements is a welcome one, companies shouldn’t let it inspire a sense of complacence in their compliance strategies. Collecting PFAS information across your supply chain is a massive, time-intensive project. If you weren’t ready to submit your data by next month, you should take a hard look at your efforts to understand what’s still missing and what you can do to be ready to start reporting in 2025.