PFAS Press

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.

On April 9, 2026, the Environmental Protection Agency (EPA) announced a long-anticipated delay in the reporting window for the per- and polyfluoroalkyl substances (PFAS) reporting rule under the Toxic Substances Control Act (TSCA). In October 2023, EPA imposed a one-time requirement under TSCA on entities that manufactured (including imported) PFAS or PFAS containing products between 2011 and 2022 to submit to EPA information regarding PFAS exposure and environmental and health effects. After two extensions due to delays in developing the web-based reporting portal, the reporting window under the rule was set to open on April 13, 2026, and close on October 13, 2026. As the opening date approached, EPA proposed a partial rollback of the rule that would both exempt certain categories of PFAS from the reporting requirements and change the reporting period (a prior PFAS Press blog post discusses the proposed rollback) but until today it had not formally cancelled the original start date. With the announcement, EPA resolved the uncertainty, confirming that reporting will not commence on April 13 and instead will begin only 60 days after the revised rule becomes effective (although questions still remain as to whether EPA will shorten the reporting window from the original six months to the proposed three months). EPA plans to issue a final rule on reporting later this year, with updated guidance and reporting tools accompanying the revised requirements.

Akin environment & natural resources practice head David Quigley is quoted by Chemical Watch news & events by Enhesa in the third part of its 2026 Global Outlook series titled, “What’s next for state-level chemicals policy in the US in 2026?” discussing his expectations for state-level chemical policy trends in 2026 and the outlook for regulation and enforcement especially as it relates to PFAS.

On December 8, 2025, the Minnesota Pollution Control Agency (MPCA) finalized its PFAS-in-Products program rules in response to an Administrative Law Judge order requiring the Agency to reduce fees, among other changes. Under the rule, manufacturers must submit PFAS information – including product descriptions, PFAS type, quantity, function and manufacturer details – to MPCA by July 2026, and pay a fee to support the program.

On November 20, 2025, the Washington Department of Ecology adopted a new twist to its Safer Products for Washington rule’s per- and polyfluoroalkyl substances (PFAS) restrictions.The rule, which prohibits the manufacture and sale of apparel and accessories, automotive washes, and cleaning products with intentionally added PFAS beginning January 1, 2027, previously included a presumption that any detection of total fluorine (TF) in these products would indicate that PFAS had been intentionally added. After much criticism during the public comment period, the Department adjusted its final adopted rule to provide a de minimis threshold. Specifically, the Department will presume that detection of TF above 50 ppm indicates intentional addition of PFAS. Manufacturers still have the opportunity to rebut the presumption with credible evidence that PFAS were not intentionally added, but they obtain a modicum of relief in the interim from the revision.

On September 4, the U.S. Environmental Protection Agency (EPA) (finally) published its Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions (UA), a semiannual publication outlining federal agencies’ regulatory priorities and timelines for the upcoming year. The UA included a notice of its intent to rescind drinking water limits set by a Biden-era rule for three per- and polyfluoroalkyl (PFAS) substances and one PFAS mixture. EPA also published a notice of intent to retain limits on PFOA and PFOS, although with extended timelines for compliance.

On August 20, 2025, Denmark, Germany, the Netherlands, Norway and Sweden submitted an update to the proposal to restrict PFAS under the European Union’s REACH regulation that they originally submitted in January 2023. The revision reflects their comprehensive evaluation of more than 5,000 scientific and technical comments submitted by stakeholders, including industry representatives, researchers and civil society organizations.