PFAS Expectations for 2026

Changes in administration often bring changes in regulatory priorities, and per- and polyfluoroalkyl substances (PFAS) regulations were no exception in 2025. The Trump Administration has largely aimed to roll back several major PFAS regulations that were implemented during the Biden Administration, which in some cases has left critical federal gaps and general compliance confusion in its wake. To address these federal gaps, many states have continued to press forward with their own regulations, which has added to the ever-weaving tapestry of PFAS regulations across the country. Despite the roll backs, in April 2025, the United States Environmental Protection Agency (U.S. EPA) Administrator Lee Zeldin announced the agency’s intention to continue to address PFAS and fulfill statutory obligations. Navigating these differences in regulations and even the definition of “PFAS” continues to be a challenge, and we expect this trend to continue into 2026. This situation can be especially difficult to manage for companies that operate facilities in multiple states. Continue reading for some of the key regulatory areas where we anticipate continued actions and impacts.

Water

• PFAS in Permit Applications

The list of pollutants required to be reported in National Pollutant Discharge Elimination System (NPDES) permit applications is found at 40 CFR §122.21 and has not been updated since 1987. As a result, U.S. EPA included in the Spring 2025 Regulatory Agenda that it anticipates a Notice of Proposed Rulemaking (NPRM) in late 2026 to include PFAS in this list of pollutants. The immediate impact would be for states such as Massachusetts, New Hampshire, and New Mexico, who do not currently have delegated authority to implement the NPDES program at the state level and for whom U.S. EPA is the permitting authority. Similarly, states that rely either directly or indirectly on the federal Form 2C would see an immediate impact when that form is updated to include PFAS. It is not immediately clear which PFAS U.S. EPA intends to include; however, it is reasonable to assume that perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) will be, at minimum, included in the update.

An NPRM may be issued in late 2026 but is very likely to get pushed to later unless there is a significant reprioritization at U.S. EPA. All facilities that are covered under an NPDES permit should be aware of this update and know what their obligations are to disclose any discharges of PFAS or the potential for PFAS that are included on the form to be present in the facility’s regulated discharge(s). Note that some states are already requiring PFAS disclosures, questionnaires, or other plans as part of permitting.

• Organic Chemical, Plastics and Synthetic Fibers (OCPSF) Category PFAS Manufacturers Rule

In accordance with the Clean Water Act (CWA) Section 304(b), U.S. EPA is required to review and consider revision of effluent limitation guidelines (ELG). A proposed rule for including PFAS manufacturers was submitted to the White House Office of Management and Budget (OMB) in 2024 but was removed from the review process in January 2025 following the Presidential Memorandum directing all federal agencies to halt new and pending regulations. The same proposed rule, largely unchanged from the 2024 version, was on the 2025 Spring Agenda and is anticipated to go to OMB in 2026.

The proposed rule targets PFAS manufacturers and formulators and seeks to collect additional data on not only the types of facilities discharging PFAS, but also on their treatment processes. This activity is an early step in the development of a treatment standard.

Numeric, enforceable technology-based effluent limitations are not anticipated in 2026; however, facilities subject to this ELG should anticipate additional data collection once the rule is effective. Facilities collecting and submitting data should recognize the importance of data quality and that these data represent the fundamental input to the development of effluent standards that will be incorporated into permit limits in the future.

• PFAS in Biosolids

CWA Section 405(d) requires U.S. EPA to review its biosolids regulations and determine whether existing limits and management practices are sufficient to protect public health and the environment. This review includes identifying whether there are additional pollutants that have not previously been included in the risk assessment and, if so, updating the risk assessment to reflect the new pollutant(s) or information. In January 2025, U.S. EPA published a draft risk assessment for PFOA/PFOS in biosolids with the intent of developing standards protective of the risks identified in the assessment. However, a September 2025 ruling by a U.S. District Court dismissed the notion that U.S. EPA is compelled to update the regulations based on an updated risk assessment by a statutory deadline.

While U.S. EPA retains the authority to update biosolids regulations as a result of additional information, which it is anticipated to collect or begin collecting in 2026, it is not required to update the regulations. Because of the recent court ruling, it is anticipated that 2026 will be quiet with respect to biosolids at the federal level but facilities should continue to be aware of any regulations at the state and local levels.

Chemical Reporting

• Toxics Release Inventory (TRI)

In accordance with Section 7321(c) of the fiscal year of 2020 National Defense Authorization Act (NDAA), a PFAS or class of PFAS shall be added to the list of TRI chemicals beginning on January 1^st of the calendar year after triggering certain activities, such as the establishment of a final toxicity value. The current list of reportable PFAS for reporting year 2025 (reports due July 1, 2026) consists of 205 individual PFAS compounds. For reporting year 2026 (reports due July 1, 2027), sodium perfluorohexanesulfonate (PFHxS-Na) (CASRN 82382-12-5) was added to the TRI list. It’s important to remember that not only does a chemical listing impact the TRI report, but it also impacts supplier notifications and safety data sheet (SDS) requirements.

Because the framework for expansion under TRI is already in place, it is expected that this list of reportable TRI-listed PFAS will continue to grow. Be sure to carefully review the current list of TRI-reportable PFAS, supplier notification letters, and SDS composition information to determine if your facility manufacturers, processes, or otherwise uses any of the listed PFAS.

• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

In 2024, U.S. EPA designated PFOA and PFOS as “hazardous substances” under CERCLA. Under CERCLA, entities are required to report releases of hazardous substances that exceed certain thresholds. Entities are also subject to cleanup requirements for releases of hazardous substances. Administrator Zeldin announced that U.S. EPA will retain this Biden-era hazardous substance designation for PFOA and PFOS and their intention to proceed with next steps address PFOA and PFOS cleanup under CERCLA.

One of the main industry concerns with this hazardous substance designation is that liability and cost burden could be unfairly placed upon the entities that did not actually manufacture or generate the PFAS, but were passive recipients of it through feedstocks or wastes – for example, wastewater treatment plants. The CERCLA rule does not specifically exempt those recipients, although U.S. EPA has communicated their goal of protecting such passive recipients and instead, ensuring cost and liability falls on the polluters. Additionally, U.S. EPA announced their intention to develop a CERCLA §102(a) Framework Rule, which would provide a uniform approach to guide future hazardous substance designations, including how U.S. EPA will consider the costs of proposed designations. However, a timeframe for the proposed Framework Rule has not been announced.

While we do not expect to see a change in hazardous substance designation status for PFOA or PFOS, we could see statutory protections put in place for passive recipients. As of now, affected entities are required to comply with the CERCLA requirements that became effective in July 2024.

• Toxic Control Substances Act (TSCA) Section 8(a)(7)

In November 2025, U.S. EPA released proposed changes to the scope of the new one-time PFAS reporting rule under TSCA Section 8(a)(7), which followed a string of previous rule delays and deadline extensions. The proposed changes incorporate exemptions and modifications that would result in a significant reduction in reporting obligations for many entities. Most notably, the proposal includes exemptions for PFAS manufactured (or imported) in mixtures or products at concentrations less than or equal to 0.1%, article importers, certain byproducts, impurities, research and development chemicals, and non-isolated intermediates. The proposed rule would also extend the reporting window to start 60 days after the effective date of the final rule and to conclude three months prior to the closing of the reporting portal on U.S. EPA’s Central Data Exchange (CDX). The current reporting window is scheduled to be opened from April 13, 2026 – October 13, 2026 (or through April 13, 2027 for small manufactures only reporting as PFAS article importers).

The proposed changes to the TSCA Section 8(a)(7) reporting requirements are expected to pass in some form; however, that is not confirmed and with the quickly approaching 2026 reporting window set to open as currently established, it is recommended to proceed with report development assuming the current regulatory applicability will apply. However, it is also likely that the reporting window deadline could be further extended.

Consumer Products

An area that has seen a consistent uptick in regulation across states has been PFAS bans in various consumer products. In some regard, these state-specific consumer product restrictions seem to be another method for states to answer public scrutiny and backfill protections amid the current lack of specific federal environmental limitations. Several states such as California, Colorado, Connecticut, Maine, Maryland, Minnesota, Nevada, New Hampshire, New York, Oregon, Rhode Island, Vermont, and Washington, have already promulgated various consumer products or other related PFAS restrictions. Several of these rules include phases that are scheduled to begin in 2026, some of which are summarized below:

• Colorado (Senate Bill 24-081):
  • Beginning January 1, 2026, this bill prohibits the sale or distribution of cleaning products, cookware, dental floss, menstruation products, and ski wax with intentionally added PFAS.
• Connecticut (Senate Bill 292/Public Act 24-59):
  • Beginning January 1, 2026, this bill prohibits the distribution, sale, or offer for sale any new or not-previously-used outdoor apparel for severe wet conditions that contain PFAS unless such product is accompanied by a legible and easily discernable disclosure with the statement “Made with PFAS chemicals”.
  • Beginning July 1, 2026, this bill prohibits the manufacture, sale, offer for sale, or distribution of apparel, carpet or rug, cleaning products, cookware, cosmetic products, dental floss, fabric treatment, children’s products, menstruation products, textile furnishings, ski wax, or upholstered furniture that contains intentionally added PFAS unless such product is labeled accordingly.
• Minnesota (Amara’s Law)
  • On or before January 1, 2026, manufacturers must report products that contain intentionally added PFAS.
• New York (Environmental Conservation Law §27-3313)
  • By July 1, 2026, carpet producers are required to fund and launch a convenient carpet collection program at no cost to New York consumers. After July 1, 2026, a producer may not offer for sale carpet in the state unless it is participating under an approved carpet collection program plan.
  • Beginning December 31, 2026, this bill prohibits the sale of carpet that contains or has been treated with PFAS.

We can expect a continued uptick in state consumer product-related PFAS bans. While these rules do not set numerical environmental limitations, they can change how manufacturers looking to do business in those states are able to operate. 

ALL4 is available to assist with any of your PFAS needs. We are available to help you understand applicable state or federal regulations and compliance obligations, identify potential PFAS sources on-site, or assist with sampling programs. Please contact Kayla Nuschke (knuschke@all4inc.com) or Cody Fridley (cfridley@all4inc.com) if you have any questions.