PFAS regulations continue to shift across drinking water, wastewater, cleanup liability, incineration, and air emissions – leaving many regulated facilities with a familiar challenge: how to prepare for requirements that are still evolving.
From food packaging to cookware to stain-resistant clothing, per- and polyfluoroalkyl substances (PFAS) are in widespread use. However, there are concerns about the effects of these synthetic chemicals on human health and the environment. While governmental and environmental organizations have established regulations around these substances, PFAS-related policies have evolved rapidly since we last covered this subject in February of last year. Here, we provide an update on the changing landscape of PFAS regulations.
This update highlights several recent developments shaping PFAS regulation, including drinking water standards, industrial wastewater reporting, incineration guidance, CERCLA hazardous substance designations, and the potential future regulation of PFAS air emissions.
On the national stage, the U.S. Environmental Protection Agency (EPA) has continued to modify, delay, or reconsider several PFAS regulations and protections established in recent years. EPA has instead chosen to focus on specific PFAS reporting, research, and cleanup programs. Other organizations, including the U.S. Department of Defense (DOD), have adopted similar positions on PFAS.
Current Federal Drinking Water Standards for PFAS
In May 2026, EPA proposed maintaining the federal drinking water maximum contaminant levels for PFOA and PFOS at 4 parts per trillion while creating a process for eligible drinking water systems to request up to two additional years – until 2031 – to comply. The proposal does not automatically extend the deadline for all systems; systems would need to request and qualify for the extension.
Alongside the proposed drinking water rule changes, EPA also announced additional funding and technical assistance for drinking water systems, including nearly $1 billion in funding for states to address PFAS and other emerging contaminants, as well as the PFAS OUT initiative to help communities and water systems evaluate and reduce PFOA and PFOS in drinking water.
EPA has proposed rescinding regulatory determinations and related drinking water standards for four PFAS categories: GenX chemicals, perfluorohexane sulfonate (PFHxS), perfluorononanoic acid (PFNA), and hazard index mixtures involving those chemicals and perfluorobutanesulfonic acid (PFBS). EPA has stated that the proposal is intended to address procedural concerns under the Safe Drinking Water Act, while noting that the agency may evaluate these PFAS for future regulation. However, litigation on this subject is ongoing, as public-interest lawyers have argued that EPA’s plans to rescind the standards violate the anti-backsliding provision of the SDWA. In January 2026, the D.C. Circuit denied an EPA request to pause challenges for the four PFAS categories, allowing the legal challenge to proceed to a merits panel.
Earlier this year, EPA updated its Contaminant Candidate List (CCL 6) for drinking water to include PFAS. The draft list does not impose any new PFAS-related regulations.
Addressing PFAS in Industrial Wastewater
EPA oversight of PFAS in industrial wastewater is increasing. The Toxics Release Inventory – a compilation of information about chemical releases and pollution-prevention activities undertaken by industrial facilities – was recently updated to include perfluorohexanesulfonate. More than 200 forms of PFAS are currently tracked by the Toxics Release Inventory. Facilities are required to report discharges if they manufacture or process as little as 100 pounds of PFAS annually.
EPA has also stated that it is developing technology-based effluent limitations and pretreatment standards for key industrial categories that discharge PFAS, including chemical manufacturers and other sources. A proposed rule is expected to be issued for public comment in the coming months.
An updated ruling to the Clean Water Act is also anticipated later this year that will specifically target PFAS manufacturers and formulators. The goal of this policy will be to collect additional data about the types of facilities discharging PFAS and those facilities’ treatment processes.
Lifting of the PFAS Incineration Ban
Earlier this spring, the DOD released updated interim guidance that ended a previous ban on incinerating PFAS-containing materials. This guidance now allows substances containing PFAS to be incinerated at permitted hazardous waste facilities. However, facilities must demonstrate they meet specific high-temperature requirements and environmental standards to ensure the complete destruction of PFAS species.
EPA has also updated its interim guidance on the destruction and disposal of PFAS and PFAS-containing materials. The 2026 guidance addresses commercially available destruction and disposal technologies, including thermal treatment, landfills, and underground injection, and includes a new technology evaluation framework to help assess emerging destruction and disposal methods. EPA has also indicated that it will update this guidance annually as the science and available technologies continue to evolve.
Retaining Hazardous Substance Designations under CERCLA for Some PFAS
Last year, EPA announced that both PFOS and PFOA would remain designated as hazardous substances under the federal Superfund law, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Retaining the current designation allows EPA and states to require facilities to engage in cleanup efforts. However, EPA has noted that it will not expand this ruling to include other forms of PFAS. The designation also creates release reporting obligations for PFOA and PFOS releases that meet or exceed the reportable quantity.
The proposed CERCLA framework requires a “disciplined analysis” of how a designation would financially impact passive receivers, such as water utilities and landfills. EPA stated their goal is to provide more regulatory certainty before imposing broad liability.
PFAS Air Emissions
There are no current federal requirements to monitor PFAS air emissions. EPA’s approach to PFAS air emissions has focused on data gathering rather than setting emissions limits. However, environmental groups and certain states continue to push for PFOS and PFOA to be listed as hazardous air pollutants (HAPs), which would trigger air regulation.
What This Means for Regulated Facilities
For facilities that manufacture, process, discharge, manage, or dispose of PFAS-containing materials, the regulatory picture remains active and uneven. Some federal requirements have been delayed, narrowed, or proposed for reconsideration, while reporting obligations, cleanup liability, litigation, technology guidance, and state-level pressure continue to move forward.
That means PFAS risk is not limited to one program or one environmental medium. Drinking water, wastewater, waste management, and air-related issues may all shape how organizations evaluate operations, reporting obligations, treatment options, and long-term liability.
Organizations may benefit from tracking applicable PFAS requirements, understanding where PFAS may appear in operations or waste streams, and preparing for continued scrutiny as the regulatory landscape evolves.
About the Author
Ms. Lynn Alley joined Spheros Environmental’s Atmospheric and Emissions Modeling Group in 2015. She has more than 15 years of air quality and atmospheric science consulting experience. Her technical expertise includes performing air quality modeling analyses for impact assessments, and interpreting model results to help clients make informed decisions. She also performs modeling to support litigation projects, meteorological data analysis and research, emissions inventory evaluations, and technical report writing.