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
Mr. Heaney is a Senior Principal Consultant based in New York with more than 30 years of experience supporting clients in environmental, health, and safety (EHS) regulatory compliance as well as on other complex environmental site investigation, remediation, and liability management projects. He delivers EHS expertise focused on product safety and compliance as well as facilities operations to clients across sectors including consumer products, industrial chemicals, automotive supply, pesticides, industrial products manufacturing, energy utilities, and law firms. Mr. Heaney has led the technical implementation and management of large environmental site investigation and remediation programs for federal government clients and complex projects involving environmental liability valuation and management for commercial clients.
Mr. Prero’s practice focuses on chemical management laws and regulations, including the Toxic Substances Control Act, Chemical Facility Antiterrorism Standards, the Occupational Health and Safety Act and the Clean Air Act’s Risk Management Plan program. He has 20 years of government and private sector experience in environmental, health, safety and security law related to chemicals manufacturing, and those industrial processes utilizing chemicals. Mr. Prero has experience providing analysis of and comments on legislative and regulatory proposals, and has advocated on behalf of clients with legislators, regulators, and state Attorneys General on environmental, health and safety issues.
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. Mr. Rigano has lectured extensively on various bankruptcy and litigation topics.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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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
