BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month January 13, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Environmental
  • schedule 90 minutes

Proposed PFAS Reporting Revisions: TSCA Exemptions, Timings, Compliance Strategy

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About the Course

Introduction

This CLE webinar will discuss EPA's proposed revisions to the TSCA PFAS Reporting Rule, including new exemptions and a compressed reporting window. Experts will examine how the proposed regulations interact with the original October 2023 rule's decade-long lookback for PFAS manufacturing and imports.

Description

The new proposal responds to persistent criticism that the 2023 PFAS Reporting Rule was unworkable and overly broad, regulating organizations that handled only trace PFAS amounts within complex supply chains. Critics argue the rule mandated one of the most expensive information collection rules in EPA history. Many companies have already invested heavily in systems adopted for a rule on the precipice of change. Counsel now face the prospect of navigating additional uncertainty and advising on next steps for their clients. 

The panel will explain how EPA's six proposed exemptions, de minimis, article, byproduct/impurity, non-isolated intermediate, and R&D, would adjust the PFAS Reporting Rule to align with other TSCA programs such as Chemical Data Reporting, including the proposed 0.1% de minimis threshold, relief for PFAS in imported articles, and carve-outs for impurities, byproducts, non-isolated intermediates, and R&D quantities. The program will analyze what did not change: the 2011-2022 lookback, the broad PFAS definition, and the "known or reasonably ascertainable" standard, among others.

Listen as our panel of experienced practitioners examines the potential litany of changes in PFAS reporting obligations under the proposed rule, how to manage legacy work already performed in reliance on the 2023 rule, and best practices to prepare for contingencies.

Presented By

Judah Prero
Counsel
Arnold & Porter Kaye Scholer, LLP

Mr. Prero focuses his practice on counseling clients on chemical regulatory matters before legislators, regulators, and government agencies. He advises on chemical management laws and regulations, including laws under the jurisdiction of the Environmental Protection Agency such as the Toxic Substances Control Act (TSCA) and the Federal Insecticide Fungicide and Rodenticide (FIFRA), the Consumer Products Safety Commission, and the Department of Homeland Security. Mr. Prero has counseled the chemical industry on programs that regulate commercial and consumer use chemicals, pesticides and antimicrobials, as well as those ensuring the security and safety of the use and handling of those materials both at facilities and in transport. He advises product manufacturers and retailers on the compliance challenges posed by new laws - federal and state - restricting the uses of substances such as PFAS and flame retardants. Mr. Prero brings to his practice extensive experience having worked as the Assistant General Counsel at the American Chemistry Council. In that capacity, he was the lead attorney representing industry in the drafting and negotiation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, legislation that substantively amended the TSCA for the first time in almost four decades. 

Nicholas C. Rigano
Partner
Rigano, LLC

Throughout his practice, Mr. Rigano has represented key constituents in Chapter 7 and 11 bankruptcy cases, including trustees, debtors, committees, secured creditors, factors, landlords, trade creditors and defendants in Chapter 5 bankruptcy actions. His practice also includes the representation of clients with a variety of environmental issues, including subsurface contamination, solid waste, and cost recovery issues. He authored numerous articles published in Bloomberg Bankruptcy Law Reporter, Wall Street Journal Bankruptcy Pro, the American Bankruptcy Institute Law Review and the New York Real Estate Journal. He has lectured extensively on various bankruptcy and litigation topics.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, January 13, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Introduction: PFAS regulatory context

II. The 2023 TSCA PFAS reporting rule

A. Who was covered, and what PFAS activities triggered reporting

B. Lookback and the broad PFAS definition

C. Required data elements and the diligence standard

III. EPA's November 2025 proposal: exemptions and reduced scope

A. The six major exemptions

B. Narrowed reporting requirements

C. Which companies and sectors may now fall outside requirements

IV. Timing and process changes

V. Planning expectations, consequences for companies

VI. What remains: broad definition, full lookback, "reasonably ascertainable" standard, data requirements

VII. Practical compliance approaches and preparation

VIII. Practitioner takeaways

The panel will discuss these and other important topics:

  • How the November 2025 proposal changes the PFAS Reporting Rule
  • Which entities still have reporting obligations after the exemptions?
  • Who may "fall out" of the rule but should remain engaged?
  • The "known or reasonably ascertainable" standard and implications for PFAS-fatigued supply chains
  • Preparing to refit existing PFAS diligence and data-collection efforts