EPA Rolls Back PFAS Regulations, States Fill the Gap

SDWA: Drinking Water MCL Partial Rollbacks

On May 18, 2026, EPA announced two proposed rules as part of its Comprehensive PFAS Strategy. The first proposed rule would extend the compliance deadline for the PFOA and PFOS maximum contaminant levels (MCLs) under the Safe Drinking Water Act by two years—from April 2029 to April 2031—by establishing a federal exemption framework through which eligible drinking water systems may apply for additional time. The 4 ppt MCLs for PFOA and PFOS remain unchanged. The second proposed rule would rescind the regulatory determinations and MCLs for four other PFAS—PFHxS, PFNA, HFPO-DA (GenX), and Hazard Index mixtures of these chemicals plus PFBS—on the grounds that the Biden EPA failed to follow the sequential process required by the SDWA. EPA has stated it may re-regulate these chemicals through a lawful process, possibly with more stringent standards. Comments on both rules are due July 20, 2026, with a public hearing scheduled for July 7, 2026.

TSCA: PFAS Reporting Rule Delays

Effective April 13, 2026, EPA issued a final rule delaying the TSCA PFAS Reporting Rule for several more months. The April 2026 rule is separate from EPA’s November 2025 proposed rule that would add exemptions for PFAS imported as part of articles, de minimis concentrations at or below 0.1% in mixtures or articles, noncommercial byproducts and impurities, non-isolated intermediates confined to closed systems, and PFAS manufactured solely in small quantities for research and development. The reporting window has been set for 60 days following the effective date of the agency’s forthcoming revision to the PFAS 8(a)(7) rule proposed in November 2025. The new reporting window will be approximately January through July 2027. EPA rejected industry requests for further delays, reasoning that manufacturers have had adequate time to prepare since the rule was first finalized in October 2023. Despite the exemptions, the rule continues to cover more than 1,460 PFAS substances manufactured or imported and PFAS-containing articles manufactured (but not imported) since 2011 under the “known to or reasonably ascertainable” reporting standard.

EPCRA: TRI Reporting Expansion Continues

For Reporting Year 2025 (due July 1, 2026), nine additional PFAS were added to the Toxic Release Inventory (TRI), bringing the total to 205 reportable PFAS. All PFAS continue to be designated as “chemicals of special concern,” meaning the de minimis exemption, Form A Certification, and range reporting remain unavailable for TRI reporting of PFAS. In February 2026, EPA finalized a rule automatically adding sodium perfluorohexanesulfonate (PFHxS-Na) to the TRI list for Reporting Year 2026 (due July 1, 2027), bringing the total to 206 PFAS.

CERCLA: Hazardous Substance Designation Stands

The Trump EPA’s September 2025 decision to retain the Biden-era CERCLA designation of PFOA and PFOS as “hazardous substances” remains the single most impactful federal PFAS development for liability purposes. The designation triggers reporting obligations for releases of one pound or more of PFOA or PFOS, facilitates EPA’s ability to order cleanups and recover costs, and provides a clearer basis for private contribution actions. Industry litigation challenging the rule in the D.C. Circuit proceeded to oral argument in January 2026, with a decision possible later this year. EPA’s 2026 Comprehensive PFAS Strategy reaffirms that EPA has no plans to back down on this regulation. In practice, the listing of PFOA and PFOS has resulted in EPA requesting investigation of PFAS at active CERCLA sites and during Five-Year Reviews, as well as requiring brownfields grant recipients to demonstrate they are not facing potential PFAS liability before using funds.

RCRA: “Hazardous Waste” Definition Rule Withdrawn

On May 6, 2026, EPA withdrew its proposed “Definition of Hazardous Waste Applicable to Corrective Action” rule, which would have clarified that PFAS and other substances listed as “hazardous constituents” under RCRA Appendix VIII are subject to the corrective action program. EPA concluded the proposed revisions would have “complicated, rather than contributed to, efficient implementation of corrective action.” The withdrawal leaves PFAS without a clear RCRA pathway for corrective action at permitted treatment, storage, and disposal facilities, creating uncertainty for waste characterization and management. A separate proposed rule to list nine PFAS as hazardous constituents under Appendix VIII remains pending.

Destruction and Disposal: Updated EPA Guidance

On April 23, 2026, EPA released its third interim guidance on PFAS destruction and disposal. The guidance identifies three methods with the lowest potential for environmental release of PFAS: (1) Class I underground injection wells, (2) RCRA hazardous waste landfills, and (3) thermal treatment under certain conditions (including hazardous waste combustors). Thermal treatment was elevated to third in EPA’s ranked list of nine methods, up from sixth in 2024. EPA acknowledged that “[n]ew research since 2024 has yielded promising results” for incineration but noted that “uncertainties remain,” particularly regarding products of incomplete combustion at lower-temperature facilities. Emerging technologies such as supercritical water oxidation (SCWO), electrochemical oxidation, and mechanochemistry are discussed, but EPA claims they remain commercially unproven at scale. EPA committed to annual updates (as opposed to the statutory three-year requirement) and is accepting public comment for 60 days following Federal Register publication.

State Activity Is Accelerating

Federal delays and rollbacks are prompting more aggressive state action. States continue to set remediation standards and screening levels for PFAS in groundwater, surface water, soil, air, and vapor intrusion. While EPA is exploring how to address “low” levels of PFAS in soil by holding engagement sessions with developers, industry, and environmentalists to define background levels below which strict cleanup may not be needed, New York announced it is developing soil standards for PFOA and PFOS using recent background-level studies. States including Maine and Minnesota are proceeding with their near-total PFAS-containing product bans going into effect in 2032. Though regulated separately from other PFAS-containing products, aqueous film-forming foam (AFFF) is now regulated by at least 11 states through restrictions on use, sales bans, take-back programs, and reporting requirements.

New Mexico is the latest state to implement far-reaching PFAS regulations. In March 2026, New Mexico approved regulations implementing the 2025 Per- and Poly-Fluoroalkyl Substances Protection Act, which include (1) a phased ban on the sale and distribution of PFAS-containing products, (2) reporting requirements for PFAS-containing products, and (3) a unique PFAS labeling requirement requiring manufacturers to label PFAS-containing products with the image of a Erlenmeyer flask and “PFAS.”

Practical Considerations

Companies and regulated entities should take several immediate steps in light of these developments. First, entities subject to the TSCA PFAS Reporting Rule should evaluate whether the proposed exemptions (for imported articles, de minimis concentrations, byproducts, and R&D) eliminate or reduce their reporting obligations, and they should prepare for the January-July 2027 submission window. Second, entities managing PFAS-containing waste should review EPA’s updated destruction and disposal guidance and consider submitting comments during the 60-day comment period. Third, companies should monitor state-level PFAS requirements, which are increasingly diverging from—and exceeding—federal standards, particularly regarding product bans and AFFF regulations.

The lawyers in Ballard Spahr’s Environment and Natural Resources Group regularly advise clients on PFAS compliance, litigation, transactional due diligence, and regulatory strategy. We are available to assist with commenting on pending rulemakings, assessing PFAS liability exposure, developing remediation and disposal strategies, and navigating the evolving state-by-state regulatory landscape. Explore Ballard Spahr’s PFAS Legislation Tracker to stay informed about PFAS-related developments.

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