Federal Regulations Arriving ‘PFAShionably Late’

A series of PFAS-related communications and rulemaking from the U.S. Environmental Protection Agency have recalibrated the agency’s focus areas and timeline under the second Trump administration. 

Federal PFAS regulation will not disappear (and state efforts continue separately), but EPA is broadly pushing out compliance deadlines and, in some cases, pulling back parts of prior PFAS rules. 

Manufacturers and others in the regulated community must take notice and plan accordingly. 

New Developments

EPA Administrator Lee Zeldin announced a number of high level PFAS policy objectives April 28, 2025, including: (i) a plan to name an EPA lead for PFAS; (ii) the development of Effluent Limitation Guidelines under the Clean Water Act for certain PFAS to reduce discharges to waterways; and (iii) initiatives to establish a liability framework that ensures passive receivers (e.g., water treatment plants) and consumers are better protected and the costs to deal with PFAS stay with the polluters.   

Although the April announcement was light on detail, EPA has since expanded on two critical PFAS regulations, with notable deadline extensions. 

1. Deadline extended for manufacturers and importers of PFAS to comply with reporting requirements under Toxic Substances Control Act Section 8(a)(7).
   On May 13, 2025, EPA published an interim final rule that pushes out the deadline for manufacturers and importers to submit applicable PFAS data to EPA from Jan. 11, 2026 to Oct. 13, 2026. 
   
   The TSCA rule still requires manufacturers and importers to assess whether they manufactured or imported PFAS chemicals in the years 2011 through 2022.
   
   In addition to PFAS manufacturing, covered activities include imports of “articles” that contain PFAS, e.g., any product or product component treated with or incorporating a PFAS compound, such as surface coating for non-stick, waterproofing, stain repelling or grease resistant features. 
   
   EPA stated it needs additional time to finalize and test its online system that companies must use to submit relevant information.
   
   EPA also indicated that it may revisit other parts of the rule in a future, separate action, e.g., perhaps requiring reports to cover fewer years or exempting certain types of article importers. 
   
   For now, though, this change only affects the reporting deadline—none of the rule’s substantive requirements were changed.  
2. Deadline extended for public water systems to comply with PFOA and PFOS Maximum Contaminant Levels for drinking water; requirements for other PFAS compounds rescinded. 
   On May 14, 2025, EPA announced that it will narrow and delay its existing National Primary Drinking Water Regulation for PFAS under the Safe Drinking Water Act. 
   
   Specifically, EPA will: (i) push out the deadline for public water systems to satisfy the Maximum Contaminant Levels for PFOA and PFOS at 4.0 parts per trillion (ppt or ng/L) from 2029 to 2031; and (ii) rescind the MCLs for the other PFAS compounds covered by the initial rule: PFHxS, PFNA, HFPO-DA (Gen X) and PFBS. 
   
   EPA has not released a formal rule yet (expects to in Fall 2025), and thus additional details on the compliance timeline for PFOA and PFOS in drinking water are not clear. 
   
   For example, under the existing National Primary Drinking Water Regulation, regulated water systems must monitor for PFAS, publish results and notify their customers of MCL exceedances starting in 2027, which date may or may not change in connection with EPA’s forthcoming rule. 
   
   EPA may also publish new regulations with new MCLs for the other PFAS compounds sometime in 2026 or later.

State, Courtroom Countertrends 
Although some relief in the schedule and scope of federal PFAS regulations provide the regulated community with some flexibility, the latest federal action should not lead to the conclusion that PFAS business risks are going away. 

In fact, many individual states are stepping up with their own PFAS requirements.  

For example, New Mexico recently enacted a broad PFAS law (HB 212) banning the sale and distribution of consumer products with intentionally added PFAS, with targeted restrictions taking effect in 2027 and 2028 on or in cookware, food packaging, dental floss, juvenile products firefighting foam, carpets/rugs, cosmetics, cleaning products, fabric treatment, feminine hygiene products, textiles, textile furnishings, ski wax and upholstered furniture and expanding the ban to all other consumer products through 2032. 

This is very similar to Connecticut’s PFAS ban passed in 2024.  

A companion New Mexico law (HB 140) now classifies aqueous film forming foam with intentionally-added PFAS as a “hazardous waste” for state law purposes.   

Additionally, the universe of PFAS-centric litigation continues to grow as the impact of PFAS becomes more commonplace. 

Areas of litigation include personal injury claims (e.g. from factory discharges), product-related claims (e.g. consumer products containing PFAS) and property damage (e.g., biosolids deteriorating farmland).

The categories of named defendants continue to expand well beyond just those companies that manufactured, worked with or released PFAS.   

Best Practices for the Regulated Community 

Keeping track of ever-changing federal and state requirements, not to mention third party and public relations risks, is daunting for most companies. 

When it comes to PFAS, our top recommendation for clients is to perform (with external assistance for privilege reasons) an internal PFAS risk management assessment and develop a customized PFAS risk management plan specific to your company’s operational footprint, PFAS entry points (e.g., water, packaging) and PFAS exit/exposure points (e.g., widgets, wastewater, landfill).  Now is the time to get prepared. 

There’s nothing “PFAShionable” about being late to the PFAS party.    

Takeaways:  

• Recent EPA actions push out looming per- and polyfluoroalkyl substances compliance deadlines 
• Notwithstanding the extensions, PFAS remain a business risk at federal and state levels 
• The schedule relief provides an opportunity to “get your house in order” with careful and prudent risk management efforts 

This article first appeared on CBIA's website and is published here with permission.