EPA Just Laid Out Its PFAS Game Plan — And It Appears That PFAS Regulation Is Here to Stay

At a Glance

• EPA’s announcement confirms that many of the core elements of the PFAS regulatory framework will likely proceed, with targeted modifications that respond to long-standing concerns from industry and municipalities.
• For manufacturers and importers, the most notable update is EPA’s reaffirmed intent to implement Section 8(a)(7) of the Toxic Substances Control Act (TSCA) to collect PFAS data.
• Further action by EPA, and potentially Congress, will be necessary. Key details regarding the scope of these rules, and their deadlines for implementation, remain unsettled.
• State-level regulation continues to accelerate, with many jurisdictions enacting new PFAS restrictions and requirements on consumer products and industrial use.

On April 28, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced a long-anticipated suite of actions aimed at PFAS (per- and polyfluoroalkyl substances). Closely watched by stakeholders across industries, the announcement offers the clearest signal yet that the Trump administration intends to continue — and selectively refine — the PFAS regulatory roadmap developed during both President Trump’s first term and the Biden administration.

Until now, questions swirled about the Trump administration’s direction on PFAS. EPA did not reference PFAS in its March 12, 2025, deregulatory policy statement, fueling speculation. That deepened as the Trump administration withdrew proposed Clean Water Act Effluent Limitations Guidelines (ELGs) for PFAS manufacturers, extended public comment periods for draft water-quality criteria and sewage-sludge risk assessments, and reopened comment periods for pending rules related to Toxics Release Inventory (TRI) reporting and Clean Water Act testing methods. At the same time, the U.S. Department of Justice sought continued pauses in PFAS-related litigation, including challenges to EPA’s drinking water standards and to EPA’s designation of certain PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund).

Against this backdrop, EPA’s announcement begins to clarify its approach moving forward.

PFAS Regulatory Framework Will Largely Continue — With Modifications

EPA’s announcement confirms that many of the core elements of the PFAS regulatory framework will likely proceed, with targeted modifications that respond to long-standing concerns from industry and municipalities. For manufacturers and importers, the most notable update is EPA’s reaffirmed intent to implement Section 8(a)(7) of the Toxic Substances Control Act (TSCA) to collect PFAS data. Importantly, the agency signaled it may expand exemptions to minimize burdens on small businesses and article importers. As of now, EPA has not clarified whether the current January 11, 2026, reporting deadline will stand or be revised.

EPA also confirmed plans to continue and “add” PFAS to TRI reporting. While TRI reporting has been in place for certain PFAS since 2020, the agency’s announcement signals a potential expansion of PFAS-related reporting.

Certain ELGs appear poised to move forward, starting with PFAS manufacturers and metal finishers. Although EPA previously withdrew the proposed ELG rule, this announcement indicates that regulatory development will continue — potentially including additional industrial sectors.

Of interest to many, EPA reiterated its intent to use CERCLA and Resource Conservation and Recovery Act (RCRA) tools to manage PFAS risks, while exploring a “clear liability framework” to distinguish responsible parties from “passive receivers” such as water utilities.

Science and Collaboration Remain Central to EPA’s PFAS Strategy

The agency emphasized its commitment to strengthening scientific understanding and deepening intergovernmental collaboration. EPA plans to expand testing under TSCA, accelerate the development of PFAS detection methods (particularly for air emissions), and increase the frequency of updates to its destruction and disposal guidance. On the issue of biosolids, EPA said it will look to public comments to guide its decision.

Finally, in line with previously announced “cooperative federalism” principles, EPA repeated its intent to partner with states, tribes and local communities to assess PFAS risks, enforce existing requirements and support cleanup of contaminated water systems.

Conclusion

Critical elements are far from final, but EPA’s announcement confirms that the agency seems poised to maintain the regulatory and enforcement trajectory first outlined in the 2019 PFAS Action Plan and expanded under the Biden administration. Administrator Zeldin — who brings prior legislative experience on PFAS issues — appears focused on reaffirming EPA’s commitment to core PFAS initiatives while adjusting the agency’s approach to address industry and municipal concerns.

Further action by EPA, and potentially Congress, will be necessary. While this announcement sheds light on EPA’s intended direction, key details regarding the scope of these rules, and their deadlines for implementation, remain unsettled. Meanwhile, state-level regulation continues to accelerate, with many jurisdictions enacting new PFAS restrictions and requirements on consumer products and industrial use.

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