De Minimis Exemption (PFAS)

A de minimis exemption establishes a minimum concentration threshold below which PFAS in a product, mixture, or article is not subject to reporting or restriction requirements. In the EPA’s November 2025 proposed revision to the TSCA 8(a)(7) PFAS Reporting Rule, a 0.1% (1,000 ppm) by weight de minimis threshold was proposed for PFAS in mixtures and articles. The original October 2023 final rule contained no de minimis threshold, requiring reporting of any known PFAS presence regardless of concentration.

EPA November 2025 Proposed Rule (90 FR 50923); 40 CFR Part 705; various state PFAS laws (e.g., Maine LD 1503 uses “intentionally added” as the threshold).

The absence of a de minimis threshold in the original TSCA 8(a)(7) rule was one of industry’s strongest criticisms—it meant companies had to report even trace PFAS contamination. The proposed 0.1% threshold would align more closely with thresholds used in other chemical regulations (e.g., REACH SVHC at 0.1% w/w). However, some state laws use different approaches: Maine’s law targets “intentionally added” PFAS without a numeric threshold. Companies need to track the applicable threshold in each jurisdiction.

A plastics manufacturer imports raw resin pellets that contain 50 ppm of a fluorinated processing aid. Under the original TSCA 8(a)(7) rule (no de minimis), this would require reporting. Under the proposed 0.1% (1,000 ppm) de minimis exemption, the manufacturer would be exempt from reporting because 50 ppm is well below the threshold.