U.S. Circuit Court Upholds Designation of PFOA and PFOS as Hazardous Substances Under CERCLA
On August 18, 2026, the U.S. Court of Appeals for the District of Columbia Circuit upheld the U.S. Environmental Protection Agency (USEPA) designation of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund). Industry groups had challenged the designation, arguing that USEPA exceeded its statutory authority and that USEPA’s analysis was legally and procedurally deficient. The court rejected these arguments, upholding the designation.
The decision preserves CERCLA reporting requirements for PFOA and PFOS, as well as USEPA's authority to pursue investigation, cleanup, and cost recovery actions for release of these substances. Additionally, CERCLA hazardous substances are included for consideration under ASTM Standard E1527-21 for Phase I environmental site assessments, which is approved by USEPA to satisfy the All-Appropriate Inquiries rule and qualify for certain CERCLA liability protections.
U.S. DoW Delays Deadline for Phase-Out of AFFF
On July 31, 2026, the U.S. Department of War (DoW) issued a letter delaying the statutory deadline for the phase-out of aqueous film-forming foam (AFFF) by one year to October 1, 2027. The deadline applies to the use and procurement of AFFF at U.S. military installations and in related firefighting equipment. In the letter, DoW highlighted progress toward the phase-out, including publication of a Military Specification for fluorine-free foam (F3), identification of compliant fire suppression technologies, updates to military transition plans, and transition efforts across military installations and mobile firefighting assets. However, DoW indicated that additional time is needed to procure, install, and modify systems, and also recognized performance limitations of F3 in certain applications. This extension marks an additional delay to the original deadline of October 1, 2024.
U.S. GAO Issues Report on U.S. Coast Guard PFAS Liabilities
On July 14, 2026, the U.S. Government Accountability Office (GAO) issued a report detailing PFAS-related liabilities for the U.S. Coast Guard (USCG). USCG reported approximately $448 million in environmental liabilities in fiscal year 2025, including costs associated with asbestos, lead paint, and contaminated site cleanup. The report notes that properties with known or potential PFAS contamination could increase future cleanup costs by hundreds of millions of dollars beyond currently reported liabilities. GAO recommends that USCG develop a strategic framework to prioritize and optimize future remediation efforts.
U.S. Federal Court Approves $2.5 Billion New Jersey PFAS Settlements
On August 7, 2026, a U.S. District Court for the District of New Jersey approved settlements valued at approximately $2.5 billion between the State of New Jersey and 3M, DuPont, Chemours, Corteva, and related entities. The settlements resolve claims related to PFAS contamination and other pollution originating from four industrial sites across the state. Up to $795 million of the settlement will be made available through a PFAS Abatement Fund to support statewide PFAS mitigation and remediation efforts, water quality improvement projects, and financial assistance to address PFAS impacts to public and private water supplies. The remaining settlement value includes funding for natural resource restoration, site remediation, and recovery of legal costs.
Illinois Requires PFAS Monitoring for Wastewater and Biosolids
On July 31, 2026, Illinois Governor JB Pritzker signed SB 3917 into law, requiring PFAS monitoring for wastewater and biosolids. The legislation establishes PFAS monitoring requirements for National Pollutant Discharge Elimination System (NPDES) permits issued to publicly owned treatment works, privately owned treatment works, and industrial dischargers classified as major facilities, as well as NPDES permit applicants with wastewater discharges that have the potential to contain PFAS. For publicly and privately owned treatment works, PFAS monitoring of wastewater influent, treated effluent, and biosolids is required. For industrial facilities, PFAS monitoring of treated effluent is required. The legislation also requires PFAS sampling of sludge and biosolids prior to permitted land application, as well as ongoing PFAS monitoring. If PFAS are not detected above minimum quantification levels for two consecutive years, permittees can request reduced sample frequency.
New South Wales Requires PFAS Monitoring for Landfills and Sewage Treatment Plants
On May 25, 2026, the New South Wales Environmental Protection Authority (NSW EPA) published a Chemical Control Order (CCO) requiring PFAS monitoring at licensed landfills and sewage treatment plants across the state. Effective October 1, 2026, the CCO requires facilities with an active Environment Protection License, including closed facilities with an active license, to monitor PFOA, PFOS, PFHxS, and PFBS. Landfills are required to sample leachate annually and downgradient groundwater quarterly, whereas sewage treatment plants are required to monitor treated effluent quarterly. PFAS monitoring results from all applicable facilities must be reported annually to the NSW EPA.
EU Restrictions on PFAS in Food Packaging Take Effect
On August 12, 2026, the European Union (EU) Packaging and Packaging Waste Regulation took effect, establishing requirements to reduce packaging waste and restrict specific packaging materials. The regulation prohibits food-contact packaging from being placed on the EU market if PFAS concentrations exceed the following thresholds:
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25 parts-per-billion (ppb) for any PFAS, excluding polymeric PFAS
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250 ppb for the sum of PFAS, excluding polymeric PFAS
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50 parts-per-million (ppm) for the sum of PFAS, including polymeric PFAS
Sweden Publishes PFAS Action Plan, Proposes Ban on PFAS in Consumer Products
On July 23, 2026, the Government of Sweden published a National Action Plan for PFAS. The action plan includes several PFAS-related focus areas aimed at evaluating sources, assessing occurrence in humans and the environment, promoting technology development, identifying and remediating impacted sites, and phasing out uses. Concurrent with the release of the action plan, the Government of Sweden proposed a ban on PFAS in certain consumer products. As proposed, the ban would take effect on January 1, 2028, and would include clothing, shoes, impregnation agents for clothing and shoes, kitchen utensils, cosmetics, and ski wax.
European Food Safety Authority Revises TFA Guidance Values
On July 22, 2026, the European Food Safety Authority (EFSA) announced a lower health-based guidance value for trifluoroacetic acid (TFA) based on new toxicological data. EFSA reduced the acceptable daily intake (ADI) from 0.05 mg/kg body-weight/day to 0.014 mg/kg body-weight/day. Additionally, EFSA established a new acute reference dose for TFA of 0.07 mg/kg body-weight. The assessment was based on data from EU Member States, the European Chemicals Agency, industry, and additional sources. The revised guidance values were primarily based on data suggesting that TFA affects thyroxine levels, a thyroid hormone. EFSA also applied an additional uncertainty factor in the new ADI calculation due to data gaps regarding chronic toxicity, carcinogenicity, and developmental immunotoxicity.
RemTEC & Emerging Contaminants Summit
Mark your calendars! The RemTEC & Emerging Contaminants Summit is heading to Rosemont, Illinois, from April 13 to 15, 2027. Abstracts for the event can be submitted online until September 21, 2026. The RemTEC & Emerging Contaminants Summit brings together leaders from academia, consulting, industry, regulatory agencies, and government to address pressing challenges in environmental science, remediation technology, and emerging contaminants.
Questions?
If you have any questions or would like to discuss how PFAS may impact your business, please email pfas@geosyntec.com to be connected with one of our PFAS technical experts.
