USEPA Delays Reporting for TSCA PFAS Reporting Rule
On April 13, 2026, the U.S. Environmental Protection Agency (USEPA) finalized a rule delaying PFAS reporting required under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The reporting period, originally scheduled to begin on April 13, 2026, will now begin on January 31, 2027, or 60 days after the effective date of a forthcoming final rule, whichever is earlier. The reporting period will extend for 6 months, and small businesses will have an additional 6 months for reporting. The forthcoming final rule is expected to include reporting exemptions for PFAS present at low concentrations, certain imported articles, byproducts, impurities, research and development activities, and non‑isolated intermediates. Reporting is required for entities that have manufactured or imported PFAS, including PFAS‑containing articles, since January 1, 2011, and must include information on chemical identity, uses, production volumes, byproducts, environmental and health effects, worker exposure, and disposal.
USEPA Publishes Draft Sixth Contaminant Candidate List
On April 2, 2026, USEPA published the draft Sixth Contaminant Candidate List (CCL 6) under the Safe Drinking Water Act (SDWA). CCL 6 identifies contaminants known or anticipated to occur in public water systems not currently regulated under the SDWA. The draft CCL 6 includes 75 individual chemicals, 9 microbial contaminants, and the following 4 chemical groups including PFAS, pharmaceuticals, disinfection byproducts, and microplastics. The PFAS group includes unregulated substances covered under the CCL structural definition for PFAS. Public comments on draft CCL 6 can be submitted online until June 5, 2026.
USEPA Publishes Updated Draft Interim Guidance on PFAS Destruction and Disposal
On April 20, 2026, USEPA published draft interim guidance on the destruction and disposal of PFAS and materials containing PFAS, which would replace USEPA’s 2024 interim guidance. A technology evaluation framework is included within the updated interim guidance to assess the safety and effectiveness of new destruction and disposal technologies. Additionally, the updated interim guidance includes updates on PFAS destruction and disposal technologies, including deep well injection, landfilling, and incineration. Public comments on the updated interim guidance can be submitted online for 60 days following pending publication in the Federal Register.
USEPA Issues Update on Stormwater Discharges Under Expired MSGP
In March 2026, USEPA issued an update on its website clarifying coverage of stormwater discharges under the 2021 Multi‑Sector General Permit (MSGP), which expired on February 28, 2026. USEPA indicated that it has administratively continued the 2021 MSGP and that it remains in effect for facilities covered under the permit prior to its expiration. New and unpermitted facilities located in states where USEPA is the NPDES permitting authority (Massachusetts, New Hampshire, and New Mexico) are unable to obtain coverage under the 2021 MSGP and should follow the conditions outlined in USEPA’s No Action Assurance (NAA) memorandum. This gap has the potential to create opportunities for third party enforcement (i.e., Clean Water Act citizen suits) against such facilities. In December 2024, USEPA proposed a draft 2026 MSGP to replace the 2021 MSGP. The draft 2026 MSGP, which has not been finalized, includes PFAS monitoring ("report only") requirements for stormwater discharges from 23 of the 30 industrial sectors covered by the permit. It is unknown if USEPA will keep the proposed PFAS monitoring requirements in the 2026 MSGP. However, multiple states have moved forward with the addition of PFAS monitoring in their Industrial General Permits, and this trend is likely to continue for other states as these permits are renewed.
Wisconsin Enacts PFAS Legislation Establishing Funding and Liability Framework
On April 6, 2026, Wisconsin Governor Tony Evers signed into law two PFAS-related bills to release more than $125 million in PFAS funding and establish a statewide framework for PFAS investigation, mitigation, and drinking water assistance. Funding will be provided to the Wisconsin Department of Natural Resources, including funding for municipal PFAS grants, expansion of the Well Compensation Grant Program for PFAS-impacted private wells, PFAS mitigation at public airports and certain businesses, emergency bottled water assistance, and additional staffing resources.
Virginia Adopts PFAS Limits for Land Application of Biosolids
On April 13, 2026, Virginia Governor Abigail Spanberger signed into law a bill establishing PFAS‑based restrictions on the land application of biosolids. Starting in 2027, the law requires wastewater treatment facilities to test biosolids monthly for PFOS and PFOA. Land application of biosolids is prohibited if the combined concentration of PFOS and PFOA exceeds 50 parts per billion (ppb) on a 12‑month rolling average. If concentrations are between 25 and 50 ppb, land application of biosolids will be limited. Additionally, wastewater treatment plants must evaluate PFAS sources and implement mitigation strategies when PFOS and PFOA concentrations exceed 25 ppb. Mitigation actions may include pre-treatment or other “system-scale” solutions.
ECHA Issues Opinions on Proposed EU PFAS Restrictions
In March 2026, the European Chemicals Agency (ECHA) published a final opinion of its Risk Assessment Committee (RAC) on the proposed European Union (EU) restriction of PFAS under the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation. The RAC concluded that PFAS pose risks to human health and the environment and that existing regulatory controls are insufficient to manage those risks.
ECHA also published a draft opinion of its Socio‑Economic Analysis Committee (SEAC), which found that PFAS are widely used across the EU and that EU‑wide action is warranted. SEAC identified the need for targeted exemptions where suitable alternatives are not available to ensure the feasibility of the proposed restrictions. Public comments on the draft SEAC opinion can be submitted online until May 25, 2026.
Questions?
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