EPA Delays Start of PFAS Reporting Again

The U.S. Environmental Protection Agency (EPA) announced an interim final rule to extend the dates of the reporting period for data submitted on the manufacture of per- and polyfluoroalkyl substances (PFAS) to October 13, 2026, for most manufacturers.  

In October 2023, the EPA issued a final rule requiring extensive reporting of PFAS that were either manufactured or imported between 2011 and 2022. The rule became effective on November 13, 2023, and included a one-year collection period and a six-month reporting period (November 12, 2024, through May 8, 2025) for most entities. See the Packaginglaw.com article, EPA Promulgates Final Reporting Rule for PFAS Manufacture and Use, for more information on this final rule.

On September 5, 2024, the EPA issued a final rule to extend the start of the reporting period to July 11, 2025, for most entities. EPA cited resource constraints and competing statutory priorities, resulting in a significantly reduced IT operating budget in Fiscal Year 2024 as the basis for delaying the start of the reporting period.

According to an EPA press release, the current delay to October 13, 2026, is to allow EPA to further develop and test the software being used to collect the data from manufacturers. The EPA further explained that “[w]hile the delay to the start of the submission period is effectively [sic] immediately, EPA will accept public comments on the reporting period change for 30 days.” The EPA further stated that it is considering a separate action to reopen other aspects of the rule for public comment.