January 2026
U.S. Congress Passes NDAA, Includes PFAS Provisions
On December 18, 2025, U.S. Congress passed the National Defense Authorization Act for Fiscal Year 2026 (FY2026 NDAA). In addition to funding defense-related activities, FY2026 NDAA appropriations include $1.1 billion for the environmental remediation of PFAS and other contaminants of concern at former and current U.S. Department of Defense (DoD) installations. Under the FY2020 NDAA §322, the ban for procurement and use of aqueous film-forming foam (AFFF) was set for October 1, 2024 and is unchanged in the FY2026 NDAA. That deadline can be extended to October 1, 2026 through a maximum of two one-year extension waivers, one of which was used by the DoD in August 2025. The AFFF ban at facilities that have already transitioned to fluorine free foam (F3) went into effect on January 3, 2025. Exemptions for use of AFFF established under FY2020 NDAA are still valid, including on ocean-going vessels, or in equipment incompatible with F3.
FDA Releases Report on Risks from PFAS in Cosmetics
On December 29, 2025, the U.S. Food and Drug Administration (FDA) released a report on the risks associated with the use of intentionally added PFAS in cosmetics. Of the 51 PFAS added as ingredients in cosmetic products, the 25 most frequently used were selected for safety review. Among these 25 PFAS, only six had sufficient toxicology data to determine human health risks. Of these, five were assessed as low risk, and one PFAS, perfluorohexylethyl triethoxysilane, was identified as having potential risk. The FDA indicated that this assessment highlights “significant uncertainties, including limited data on use level, lack of dermal and oral absorption data, and mechanistic information, as well as the absence of dermal toxicity data” for PFAS in cosmetic products.
FDA Requests Extension to Rule on PFAS Food Tolerance
On December 31, 2025, the FDA filed a motion for continuance with the U.S. District Court for the District of Arizona in the case Tucson Environmental Justice Task Force, et al. v. FDA, seeking further continuance until June 30, 2026. In 2023, a citizen petition asked the FDA to establish mandatory temporary tolerances for 30 PFAS in select food and feed categories. FDA is seeking the extension citing the expanded scope of the supplemental petition filed in May 2025, staffing disruptions, and the need for additional scientific review. Under FDA’s citizen petition rule, 21 C.F.R. § 10.30, FDA is expected to respond within 180 days (grant, deny, or issue a tentative response explaining why it cannot decide yet). On April 29, 2024, FDA sent an interim letter stating it had not reached a decision due to competing priorities and that the petition remained under active evaluation. Following this letter, the petitioners filed suit on January 24, 2025, in the U.S. District Court for the District of Arizona requesting that the court compel FDA to respond to the petition. On March 21, 2025, the court granted a joint motion for continuance, ordering that “proceedings in this matter are continued until Defendants issue a final response to the Citizen Petition … or until December 31, 2025, whichever is earlier”.
New York State Releases Draft Policy on Biosolids Testing for PFAS
On December 10, 2025, the New York State Department of Environmental Conservation (DEC) issued draft Program Policy DMM7A, which would require sampling and PFAS analysis of finished products such as compost and heat dried pellets, including items produced out of state but distributed within New York. Sampling results must be submitted to DEC and will be made publicly available. DMM7A expands, but does not replace, the 2023 DMM7 policy, which already requires all permitted Subpart 361-2 (land application/associated storage) and Subpart 361-3 (composting/other organics recycling) facilities that accept biosolids to sample each biosolids source for PFAS and report results to the DEC. The public comment period closed January 9, 2026. DEC will now review submissions prior to deciding on finalizing the policy. Within 90 days of finalization, all permitted Subpart 361-3 facilities that accept biosolids and out of state distributors approved under 361-3.8 must collect product samples for PFAS analysis and submit results to DEC.
EU Rule Requiring PFAS Monitoring in Drinking Water Goes into Effect
On January 12, 2026, PFAS monitoring and reporting obligations within the European Union (EU) went into effect under Drinking Water Directive 2020/2184. EU Member States must monitor PFAS in drinking water and report monitoring results, including any exceedances, to the European Commission. Exceedances occur when concentrations are above 500 nanograms per liter (ng/L) for “Total PFAS” or 100 ng/L for the “Sum of PFAS.” Total PFAS includes “totality of per and polyfluoroalkyl substances,” and the Sum of PFAS includes “substances that contain a perfluoroalkyl moiety with three or more carbons (i.e., –CnF2n–, n ≥ 3) or a perfluoroalkylether moiety with two or more carbons (i.e., –CnF2nOCmF2m–, n and m ≥ 1).” When exceedances occur, Member States must inform the public and take action to reduce PFAS concentrations.
France Enacts Law Banning Consumer Products Containing PFAS
On January 1, 2026, Decree No. 2025-1376 went into effect in France, banning the import, export, manufacturing, or sale of cosmetics, ski wax, textiles, footwear, or waterproofing agents containing PFAS above specific thresholds of 25 parts per billion (ppb) for any single PFAS (excluding polymers), 250 ppb for the total sum of PFAS, and 50 parts per million when including fluorinated polymers in the total. If total fluorine in a given product is above 50 milligrams per kilogram, “the manufacturer, importer, exporter, or producer must provide, upon request from the competent authorities, proof that the fluoride content originates from PFAS or non-PFAS substances.” The decree includes some exemptions for PFAS use in personal protective equipment or when textiles/footwear include 20% or more post-consumer recycled products. While the decree does not establish testing or certification requirements, compliance depends on meeting the PFAS thresholds or upon request from authorities. Products containing PFAS that were manufactured before January 1, 2026, can be sold or exported until January 1, 2027.
ITRC Updates PFAS Technical and Regulatory Guidance
In January 2026, the Interstate Technology and Regulatory Council (ITRC) published updates to its PFAS Technical and Regulatory Guidance. The online guidance provides a broad overview of PFAS topics, including history and use, fate and transport, physical and chemical properties, and sampling and analysis. Specifically, ITRC released updated information on sorption-based technologies and vapor-forming PFAS, as well as additional case studies.
Geosyntec practitioners were acknowledged as members of the ITRC PFAS Team as contributors and included Rafat Abbasi, Jason Conder, Rula Deeb, Todd DeJournett, Elisabeth Hawley, Tina Liu, Mahsa Shayan, and Nick Talocco.
Geosyntec PFAS Webinar Series
Geosyntec hosted a PFAS webinar series showcasing a thorough synthesis of the state of knowledge on the management of PFAS-impacted sites. Subject matter experts from Geosyntec and the broader stakeholder community discussed key PFAS technical, regulatory, and legal issues.
To view webinar recordings of this six-part PFAS series as well as other archived PFAS webinars, visit Geosyntec PFAS Webinar Series.
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.
