CERCLA PFAS Rule Suit Briefing to Finish by End of 2025
On September 30, 2025, the Chamber of Commerce of the United States, et al. (petitioners) and U.S. Environmental Protection Agency (USEPA) (respondents) filed a joint proposed amended briefing schedule that requires all parties’ final briefs by December 5, 2025 (USCA Case #24-1193; Document #2137985). The proposed briefing schedule follows USEPA’s motion to retain the designation of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund).
USEPA Adds PFHxS Sodium Salt to TRI
On October 7, 2025, the USEPA announced the addition of sodium perfluorohexane sulfonate (PFHxS-Na) to the Toxics Release Inventory (TRI) chemical list under the Toxic Substances Control Act. TRI data are required to be reported annually by facilities in industries that manufacture, process, or use TRI-listed chemicals. TRI reporting on PFHxS-Na will first be required for Reporting Year 2026, which is due by July 1, 2027. More than 200 PFAS are already included on the TRI chemical list. PFHxS and its related salts are commonly used in consumer stain- and water-resistant coatings, as surfactants in fluoropolymer production, and in legacy aqueous film-forming foam (AFFF) formulations.
Oregon Designates Six PFAS as Hazardous Substances
On September 12, 2025, the Oregon Environmental Quality Commission finalized a new rule that designates six PFAS as hazardous substances under Oregon Administrative Rule 340-122-0115. The following PFAS are included in the rule: PFOA, PFOS, PFHxS, perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA or GenX chemicals), and perfluorobutanesulfonic acid (PFBS). This designation empowers the Oregon Department of Environmental Quality (DEQ) to mandate investigations, cleanups, and remedial actions for these six PFAS. DEQ is prioritizing sites into two tiers for PFAS-related actions:
- Tier 1 sites include airports, fire training facilities, facilities with known AFFF use and/or storage, bulk fuel facilities and refineries, metal plating operations, biosolid application zones, and facilities with known or suspected PFAS use in the vicinity of drinking water sources.
- Tier 2 sites include but are not limited to semiconductor facilities, pulp and paper mills, and coatings manufacturers.
DEQ stated that closed cleanup sites will be considered for PFAS testing on a case-by-case basis, and in general, DEQ will not request testing at closed sites unless “special circumstances” are present.
Washington State Releases State-Wide Assessment of PFAS in Biosolids
On September 29, 2025, the Washington State Department of Ecology (Ecology) released an assessment report on PFAS in biosolids in the state of Washington. Biosolids from 44 wastewater treatment plants were sampled and analyzed for PFAS. The most frequently detected PFAS were PFOS and PFOA. Concentrations in dewatered biosolids ranged from 0.6 to 19 µg/kg PFOA and 0.4 to 60 µg/kg PFOS. Other PFAS were also detected in biosolids. The report identified limitations for analyzing liquid biosolids and provided recommendations for the sampling process required by USEPA Method 1633. This effort is part of Ecology’s PFAS Chemical Action PlanEcology PFAS Chemical Action Plan, which aims to identify, characterize, and assess uses and releases of PFAS in Washington state.
Maine Grants Limited Exemptions to PFAS Sales Ban
On October 7, 2025, the Maine Department of Environmental Protection (DEP) finalized an amendment to Maine’s Chapter 90 regulations banning the sale of specific products containing PFAS. The amendment exempts two cleaning-related product components. Of the 11 Currently Unavoidable Use (CUU) petitions received, these were the only two that were approved. Other CUU petitions included cookware products, cleaning products, cosmetic products, and upholstered furniture. A specific CUU was requested for continued use of polytetrafluoroethylene (PTFE) coatings on cookware, but DEP declined the request stating that it “lacks the authority under the law to zero in on one type of cookware coating such as PTFE.” A CUU designation allows an extension on the sales ban for products deemed essential for health, safety, or societal functioning when no alternatives are reasonably available. Other products containing PFAS remain under the sales ban, including cleaning products, cookware, cosmetics, dental floss, juvenile and menstruation products, textiles (with some exceptions), ski wax, and upholstered furniture.
EU Adopts REACH Restriction on PFAS in AFFF
On October 3, 2025, the European Commission (Commission) adopted new restrictions on PFAS in AFFF. These new restrictions are part of the Regulation on Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) Program, which provides chemical legislation for the European Union. According to the Commission, without the newly adopted restrictions “around 470 tonnes of this kind of chemicals [PFAS] would continue to be emitted into the environment every year.” The timeline for PFAS phaseouts depends on the specific use case as detailed below:
- Non-essential uses (e.g., training and testing): 12 months
- Portable fire extinguishers: 18 months
- Municipal fire brigades and industrial sites: 5 years
- Critical infrastructure (e.g., airports, petrochemical plants): 10 years
Canada Proposes Ban on Unregulated PFAS in AFFF Under CEPA
On September 26, 2025, Environment and Climate Change Canada (ECCC), in conjunction with Health Canada, released a consultation document proposing a prohibition on the manufacture, import, and sale of PFAS commonly found in AFFF that are not currently regulated under the Canadian Environmental Protection Act (CEPA). These PFAS include short-chain (C4-C7) perfluorocarboxylic and perfluorosulfonic acids and other C6-based fluorotelomer PFAS. PFOS, PFOA, and long-chain perfluorocarboxylic acids are already banned in AFFF. Limited exemptions are proposed for critical uses in military, aviation, and certain industrial sectors to “accommodate critical applications that cannot be immediately phased out.” The proposal includes requirements for AFFF disposal and transition to fluorine-free foams. Proposed transition periods include the following:
- 18 months for municipal fire services and portable extinguishers
- 3 years for civil aviation and other industries
- 6 years for defense, high-hazard industrial facilities, offshore oil and gas, and civilian ships
Public comments on the proposal can be submitted or via email by November 25, 2025. Comments are invited regarding PFAS concentration thresholds in AFFF due to “incidental presence” as well as residual PFAS present in decontaminated firefighting systems.
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.
