TSCA Updates: EPA Proposes PFAS Reporting Exemptions

In this TSCA Updates blog:

• PFAS: Exemptions proposed to major reporting rule
• Methylene Chloride: Compliance date extension for non-Federal laboratories
• D4: Comment period for Risk Evaluation extended
• Trichloroethylene (TCE) postponement of certain provisions extended

TSCA PFAS Reporting Rule Exemptions Proposed

In 2023, EPA finalized a rule to require manufacturers and importers of per and polyfluoroalkyl substances (PFAS) between 2011—2022 to submit health and safety data about these chemical substances. The PFAS reporting rule under TSCA requires electronic reporting of information about PFAS use, production volumes, exposures, hazards, and disposal details. 

In an effort to reduce regulatory burdens, particularly on smaller entities, EPA has now proposed exemptions to the 2023 PFAS reporting rule. EPA believes the exemptions will limit undue burdens on stakeholders while still allowing the agency to collect the data about PFAS that the law (TSCA, as amended) demands.

The proposed rule would create exemptions from the reporting requirement for:

• PFAS manufactured (including imported) in mixtures or products at concentrations 0.1% or lower;
• Imported articles;
• Certain byproducts;
• Impurities;
• Research and development chemicals; and
• Non-isolated intermediates.

EPA will accept public comments on the proposed rule for 45 days upon publication of the Federal Register notice. View a prepublication version of this proposal.

Methylene Chloride Rule Compliance Dates Extended

For “non-Federal” laboratories, EPA is extending certain deadlines for compliance with the TSCA Workplace Chemical Protection Program (WCPP) for methylene chloride, and the related recordkeeping provisions, for 18 months. The adjusted compliance dates give industrial and commercial labs that are not owned or operated by the Federal government more time to achieve compliance with chemical monitoring, exposure limit, and planning requirements.

The rule revises three deadlines found in 40 CFR 751.109:

• For initial monitoring, the compliance date is extended from May 5, 2025, to November 9, 2026
• For establishing “regulated areas,” the compliance date is extended from August 1, 2025, to February 8, 2027
• For ensuring methods of compliance exposure limit and exposure control plan development, the compliance date is extended from October 30, 2025, to May 10, 2027

As a result of the adjusted deadlines, the compliance dates for all laboratories—Federal and non-Federal—are now the same.

One reason that EPA extended the compliance dates for non-Federal labs is that labs faced “unanticipated hardships” in meeting the WCPP compliance dates for methylene chloride. Mainly, EPA learned after finalizing the Rule in 2024 that methylene chloride is used widely by labs to perform important environmental monitoring services like testing soil, water, sludge, pesticides, fertilizers, and more, on hazardous waste cleanup sites, in wastewater treatment, and by universities and police departments.

EPA expects that extending the compliance dates for 18 months will prevent disruption of these services. View a prepublication version of this proposal.

D4 Risk Evaluation: Comment Period Extended 

EPA has extended, for 15 days, the comment period for the draft risk evaluation of the substance “D4” (i.e., Octamethylcyclotetrasiloxane)—Chemical Abstract No. 556-67-2. The agency will accept comments on the risk evaluation until December 2, 2025. In addition, EPA has rescheduled an upcoming peer review meeting related to the D4 risk evaluation. The meeting will be held virtually from December 1

This risk evaluation for D4 was requested by the chemical manufacturer according to procedures outlined in 40 CFR 702.45 (moved from 702.37), which allow for one or more manufacturers of a chemical substance to request that EPA conduct a risk evaluation on that substance. The risk evaluation found that the D4 poses an unreasonable risk to both human health and the environment, based primarily on the conditions of use evaluated by EPA.

From the risk evaluation Notice published September 17, 2025:

“D4 is a colorless, volatile, oily liquid primarily used to make silicone chemicals, D4 commercial uses include but are not limited to adhesives and sealants, automotive care products, paints and coatings, and other plastic and rubber products. D4 is also used as an ingredient in consumer products (i.e. cosmetics, medical devices, and food contact materials)…”

To inform the risk evaluation of D4, EPA relied on data submitted by five chemical manufacturers in response to a consent agreement in 2017. EPA also drew from information submitted by stakeholders following release of the “draft scope” for the D4 risk evaluation in September 2021.

TCE Rule Conditions Postponed

Lastly, EPA will further postpone the effective date for conditions placed on non-prohibited uses of trichloroethylene (TCE) by the December 2024 TSCA risk management rule for the chemical. EPA previously postponed the effective date for these conditions until November 17, 2025. The effective date is now February 17, 2026. This notification appeared in the Federal Register on November 14, 2025.