TSCA PFAS Reporting Deadline Extended

The New Mexico Environment Department recently added guidance to its per- and polyfluoroalkyl substances (PFAS) website to assist consumers, businesses and manufacturers in their efforts to comply with New Mexico’s PFAS labeling requirements under the PFAS Protection Act. The guidance provides detailed instructions regarding the contents of the state’s PFAS label, as well as where to place and display the label on products, packaging, online sales platforms and complex durable goods. The guidance also establishes the process through which manufacturers can rely on labeling adopted in other states, outlines the procedures for those seeking waivers because their products contain intentionally added PFAS that will not come into direct contact with consumers during intended use, and describes the enforcement mechanisms and potential penalties for noncompliance under the Act.

Head of Akin’s environment & natural resources practice David Quigley is quoted by Chemical Watch News & Insight in an article titled, “New Mexico to use PRISM platform for PFAS reporting,” discussing New Mexico’s decision to adopt the Per- and Polyfluoroalkyl Substances (PFAS) Reporting Information System for Manufacturers (PRISM) for PFAS disclosures already used in Minnesota. The article draws on remarks David delivered at the PFAS Global Conference hosted by Chemical Watch, where he discussed the PFAS regulatory environment.

I was honored to present once again at the American Conference Institute’s (ACI) Annual Summit on PFAS Regulation, Compliance and Litigation, this year as part of a great state regulatory panel. Below are some thoughts from the conference:

After the U.S. Environmental Protection Agency (EPA) delayed the submission period for its one-time per- and polyfluoroalkyl substances (PFAS) reporting requirement under the Toxic Substances Control Act, Minnesota just extended its own (previously extended) PFAS products reporting deadline from July 1, 2026, to September 15, 2026. The Minnesota Pollution Control Agency cited challenges in collecting and submitting data under the state’s reporting rule, adopted in December 2025, as necessitating the delay. That rule requires manufacturers of intentionally added PFAS-containing products to submit a description of each product and the concentration and function of PFAS in it. Manufacturers unable to meet the new deadline may request a single, 90-day extension, which would extend reporting to December 2026. The Agency notes that 18 companies submitted reports ahead of the original deadline, data from which (except for protected trade secrets) is now publicly available. Given the fluidity of the rules and the deadlines, we continue to advise submitting closer to the (now later) end of the reporting period.