PFAS Legislative & Regulatory Developments – First Quarter 2025

As President Joseph Biden wound down his time in office, the U.S. Environmental Protection Agency (EPA) undertook significant efforts to finalize the regulation of per- and polyfluoroalkyl substances (PFAS). While it remains to be seen if the Trump EPA will rollback any (or many) of the PFAS regulations put in place during the Biden administration, there will continue to be significant PFAS activity at the federal level. In addition, as seen over the past four years, there will also be significant PFAS-related action on the part of the states. As we continue to track PFAS developments, below is a summary of key PFAS regulatory developments that occurred in the first quarter of 2025, as well as legislative bills that we predict will be ones to watch in the coming months.

1. Legislative: Federal

   U.S. House Bill 705. In late January, bipartisan House Bill 705 was introduced and referred to the Committee on Armed Services. This bill will establish a compensation fund for current and former military firefighters, or their survivors, who have been exposed to PFAS substances while working under the direction of the U.S. Department of Defense at a military installation, facility or site.

   U.S. House Bill 1267. House Bill 1267 — a slightly bipartisan bill — was introduced on February 12, 2025, and it seeks to exempt water utilities from Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability stemming from releases of perfluorooctanoic acid (PFOA) or perfluorooctanesulfonic acid (PFOS), two specific PFAS substances that were designated as hazardous substances under CERCLA in 2024. One of the bill’s authors, Rep. Marie Gluesenkamp Perez (D-WA), stated that this bill will “prevent water utilities and ratepayers from bearing the brunt of PFAS cleanup costs, which would disproportionately harm small and rural communities.” Upon introduction, the proposed legislation was referred to the Committee on Energy and Commerce as well as the Committee on Transportation and Infrastructure.

   U.S. House Joint Resolution 76. Joint Resolution 76 states that both chambers of Congress disapprove of EPA’s final rule, “Updates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA),” published in the Federal Register on December 18, 2024. As reported in our blog post of January 13, 2025, the final rule amends procedural regulations for the review of new chemicals, and it makes PFAS categorically ineligible for low volume exemptions in TSCA’s chemical review process. The resolution succinctly states that the final rule “shall have no force or effect.” The resolution was introduced on March 10, 2025, and referred to the House Committee on Energy and Commerce on the same day.

2. Legislative: State

   For most states, 2025 was the beginning of a new legislative session, and with that came a flurry of new bills that attempt to regulate PFAS in a myriad of ways. To be sure, over 200 PFAS-related bills have been introduced in over 30 states. Some of the most commonly proposed laws introduce bans on the use of intentionally added PFAS in consumer products; some of them are specific to certain consumer products, and others try to invoke an eventual comprehensive product ban on all products. The other commonly offered type of PFAS-related bill is one that establishes maximum contaminant levels (MCLs) of PFAS substances in drinking water. For the latter, states are either attempting to adopt into their own laws the same MCLs established by the EPA’s National Primary Drinking Water Regulation that were finalized in April 2024, or to establish their own MCLs in the event that new EPA leadership attempts to revoke or amend its final regulation. Below is a summary of these bills as well as some others that will be ones to watch in the current legislative session.

   Comprehensive Product Bans. In the first three months of 2025, multiple states introduced comprehensive prohibitions on the sale or distribution of consumer products containing intentionally added PFAS: (1) California; (2) Illinois; (3) Iowa; (4) Maryland; and (5) New Mexico. Similar to the laws previously established in Maine (Me. Rev. Stat. Ann. tit. 38, § 1614) and Minnesota (Minn. Stat. § 116.943), these bills introduce bans on specific product categories to start, but then impose sweeping prohibitions on all products sold or offered for sale in their states, unless exempted by law or rulemaking.

   California Senate Bill 682, introduced on February 21, 2025, seeks to prohibit the sale and distribution of “covered products” by January 1, 2027, which includes cleaning products, cookware, dental floss, juvenile products, food packaging and ski wax. By January 1, 2033, nearly all products would be prohibited from sale or distribution in the state if they contain intentionally added PFAS, unless a determination has been made that the use of PFAS in the product is a currently unavoidable use, it has been preempted by federal law or the product was previously used and is being resold. Finally, by January 1, 2040, the sale and distribution of certain industrial products containing intentionally added PFAS will be prohibited; this includes, but is not limited to, textiles for industrial use, refrigerants, solvents, propellants, lubricants, fire suppressants and products used in semiconductor manufacturing. Senate Bill 682 was slated to be discussed at a legislative hearing set for April 2, 2025.

   Introduced on January 13, 2025, Illinois House Bill 1295 will institute a ban on the following consumer products, beginning January 1, 2026, if they contain intentionally added PFAS: carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstrual products, intimate apparel, textile furnishings, ski wax, upholstered furniture, food packaging and compostable products. The bill offers that other products may be included in the prohibition if identified by rulemaking. Further, a comprehensive product ban will begin January 1, 2033, unless it has been determined through rulemaking that use of PFAS in a product is currently unavoidable. House Bill 1295 also establishes a reporting requirement, beginning January 1, 2027, for manufacturers to provide notification of any products it sells, offers for sale or distributes in the state that contain intentionally added PFAS. The bill had its first reading and was referred to the House Environmental Justice Subcommittee on March 6, 2025; it was re-referred to the Rules Committee on March 21, 2025. In addition to House Bill 1295, the Illinois legislature has introduced other bills governing consumer product bans, including House Bill 2516 and its companion bill, Senate Bill 117, as well as Senate Bill 167, which is specific to juvenile products.

   Similar to Illinois’ bill, Iowa House Bill 588 — introduced on February 25, 2025 — will both establish a manufacturer reporting requirement, beginning January 1, 2026, and set a ban on the sale or distribution of certain consumer products, including most of those identified in Illinois’ bill, also beginning January 1, 2026. A comprehensive sales prohibition on consumer products containing intentionally added PFAS will begin on January 1, 2032, unless it is determined that the use of PFAS is currently unavoidable.

   Introduced on February 5, 2025, Maryland House Bill 1112 concisely states that no person can manufacture, sell, offer for sale or distribute in the state any consumer product that contains PFAS substances beginning July 1, 2026. It does not specify that the PFAS be intentionally added, nor does it provide any details or exemptions about the prohibition. Unrelated to sales prohibitions, the bill further establishes liability provisions related to time limits in which to bring wrongful death lawsuits related to PFAS exposure — ten years from the date of death or three years from the date when the cause of death was discovered. The bill was slated to be discussed at a Judiciary Committee hearing on March 5, 2025.

   New Mexico House Bill 212 was introduced in the legislature on January 29, 2025, and it provides provisions for both manufacturer reporting requirements as well as product bans. Manufacturer notification about products that contain intentionally added PFAS will begin January 1, 2027. Beginning on that same date, no products that contain intentionally added PFAS may be purchased by or on behalf of the state. Also beginning on January 1, 2027, consumer product bans in the state will begin for the following products containing intentionally added PFAS: cookware, food packaging, dental floss and juvenile products. Further sales prohibitions will begin on January 1, 2028, for the following: carpets or rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, textile furnishings, ski wax and upholstered furniture. The bill allows for additional products to be included in the prohibition if adopted in a rulemaking. Unless the use of PFAS is deemed a currently unavoidable use, a comprehensive ban will begin on all products sold or offered for sale in the state beginning January 1, 2032. Other exemptions include products preempted by federal law, products that have been used and are being resold, medical devices or drugs regulated by the U.S. Food and Drug Administration, and any consumer products that are approved for sale pursuant to rulemaking. The bill was passed by both the House and the Senate on March 14 and March 20, 2025, respectively.

   Drinking Water Standards. To date, at least seven states have introduced bills to establish drinking water standards for their citizens. In Arizona, Senate Bill 1391 requires the adoption of MCLs as drinking water aquifer water quality standards for various chemicals deemed pollutants, including for PFOA, PFOS and other PFAS that are detectable in public water systems. On February 18, 2025, California Assembly Bill 794 was introduced and allows for the State Water Resources Control Board to adopt an emergency regulation that authorizes the adoption of federal drinking water standards established pursuant to the federal Safe Drinking Water Act (e.g., the National Primary Drinking Water Regulation established for PFAS substances in 2024) that were in effect on January 19, 2025, regardless of whether they are later repealed or amended. In Indiana, House Bill 1366, which was introduced on January 13, 2025, requires the establishment of state MCLs for PFAS substances, not to be less stringent than any MCLs promulgated by the EPA. On March 27, 2025, Maine introduced House Bill 1326, which will establish MCLs for eight unique PFAS, ranging from 4.0 parts per trillion (ppt) to 2,000.00 ppt. It also requires the establishment of monitoring for all regulated PFAS in both community water systems and nontransient, noncommunity water systems, beginning January 1, 2026. In March, North Carolina introduced two different bills that would establish MCLs for various PFAS: (1) North Carolina Senate Bill 324 requires the state’s Public Health Commission to promulgate rulemaking to establish MCLs for PFOA, PFOS and other PFAS, in addition to other named contaminants; and (2) North Carolina Senate Bill 666 requires the establishment of MCLs for six unique PFAS, as well as a combination thereof, ranging from 4.0 ppt to 10 ppt. On February 20, 2025, Vermont House Bill 286 was introduced and requires the promulgation of an MCL of less than zero ppt for specific PFAS substances (PFOA, PFOS, PFHxS, PFNA, PFHpA and PFUnA) on an individual basis, and 20 ppt for any testable PFAS substances combined other than those listed individually above. Lastly, West Virginia House Bill 3475, introduced on March 17, 2025, simply provides that the West Virginia Department of Environmental Protection must adopt MCLs for various contaminants, including for PFAS, that meet or exceed the standards established by EPA.

   Other. As noted above, much PFAS-related legislation has been introduced in many states. Below are some other notable bills to date, as well as ones that are already progressing through their legislatures.

   Georgia. On January 30, 2025, lawmakers in Georgia introduced House Bill 211, also known as the PFAS Receiver Shield Act. The bill provides immunity for “PFAS receivers” from liability for damages in any claim related to the PFAS receivers’ use, receipt or disposal of PFAS substances, whether intended or incidental. PFAS receivers are defined as any person or entity who (1) uses or applies PFAS in the manufacture of goods or in agriculture; (2) receives or obtains products containing PFAS; (3) purchases or owns products containing PFAS; or (4) receives industrial or household waste containing PFAS. A PFAS receiver is not a “PFAS manufacturer,” which is defined as a person or entity who “knowingly created, formulated, licensed, made, manufactured, or otherwise originated into commerce any PFAS substance and who has sold or licensed any PFAS substance to others for use.” According to the proposed law, the immunity provided for PFAS receivers will not be limited by any other liability protections offered by other state or federal laws. The immunity, however, will not apply to PFAS-specific claims brought by the Environmental Protection Division — the department within the Georgia Department of Natural Resources tasked with protecting the state’s air, land and water resources — pursuant to regulations put in place on or after January 1, 2024.

   Notably, the bill defines PFAS differently than the definition most commonly used in proposed and enacted bills and regulations, which generally defines PFAS as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. The PFAS Receiver Shield Act as currently proposed would instead define PFAS as “any perfluorochemicals, polyfluorochemicals, perfluoroalkyl substances, polyfluoroalkyl substances, and any related chemicals that degrade to PFAS/PFOA/PFOS, and any precursors to PFAS, PFOA, and PFOS, including, but not limited to, PFOA, PFOS, GenX, HFPODA, NEtFOSAA, NMeFOSAA, PFBS, PFDA, PFDoA, PFHpA, PFHxS, PFNA, PFTrDA, PFTA, PFUnA, 11Cl0PF3OUdS, 9Cl-PF3ONS, ADONA, PFPeS, PFHpS, 4:2 FTS (1H, 1H, 2H, 2H-perfluorohexane 20 sulfonic acid), 6:2 FTS (1H, 1H, 2H, 2H-perfluorohexane sulfonic acid), 8:2 FTS (1H, 1H, 2H, 2H-perfluorohexane sulfonic acid), PFBA, PFPeA, PFMBA, PFMPA, PFEESA, and NFDHA.” At the time of writing, House Bill 211 did not receive a vote in committee prior to Crossover Day, a day by which legislation must pass from one chamber to the next in order to be considered for passage to become law for 2025. However, there may be other avenues that could allow the legislation to be amended or resurrected in the state’s legislature.

   Minnesota. In February and March, members of Minnesota’s legislature introduced five pieces of legislation that will narrow the reach of the state’s current law, Minn. Stat. § 116.943, that imposes a comprehensive ban on the sale of products containing intentionally added PFAS beginning in 2032. House Bill 81 will exempt off-highway vehicles, snowmobiles and electric-assisted bicycles by adding them to the list of juvenile products that will be excluded from the prohibition. Other juvenile products currently exempted by the ban include personal computers, audio and video equipment, wireless phones, gaming consoles, and computer peripherals, among others. Similarly, House Bill 654 adds additional exemptions to juvenile products, including all-terrain vehicles, off-highway motorcycles, internal components to juvenile products that cannot be directly touched or mouthed by a juvenile, and safety wear for use when operating a juvenile product. Senate Bill 3036 and companion House Bill 2947 add an exemption for any electrical, electronic or mechanical parts or motors that are incorporated into upholstered furniture or textile furnishings. And lastly, House Bill 1627 would considerably narrow the PFAS ban by exempting all commercial and industrial products, which are now included in the law’s prohibition. If passed, House Bill 1627 would amend the law so that it only impacts consumer products sold or distributed for personal or residential use. Further, current law requires manufacturers to report to the state information about their products containing intentionally added PFAS that are sold, offered for sale or distributed in Minnesota beginning January 1, 2026. House Bill 1627 seeks to postpone this reporting requirement until January 1, 2028.

   New York. Introduced on January 8, 2025, Senate Bill 461 will prohibit the use in an industrial plant of any product or substance that contains PFAS. This prohibition will apply to vats, conveyor belts, molds, ovens, pans, pots, chemicals used as mold releasers, lubricants, seals and coatings, among others. The bill has been referred to the Senate Committee on Environmental Conservation.

   Senate Bill 1548 will prohibit the sale and distribution in the state of any menstrual products that contain an intentionally added “restricted substance,” which includes PFAS, among other chemicals. The bill was introduced in early January 2025, passed the Senate on January 21, 2025, and passed the Assembly on March 26, 2025.

   Virginia. Introduced on January 9, 2025, and passed by both legislative chambers in late February 2025, Senate Bill 1319 would have required publicly owned treatment works (POTWs) to require new or existing industrial users to self-report their use of PFAS. Industrial users include PFAS manufacturers; centralized waste treatment industrial facilities; industrial launderers; facilities discharging groundwater remediation wastewaters; airports, air bases, air stations, fire training facilities, landfills or other facilities that might have significant PFAS contamination in soil or groundwater; and industrial facilities that use PFAS (including electroplating or metal finishing facilities, semiconductor or circuit board facilities, paper or packaging manufacturing facilities, as well as textile mills, tanneries, or leather, fabric or carpet treaters). This bill, however, was vetoed by the governor on March 24, 2025. In his explanation for the veto, the governor stated that the bill was “unnecessary, as it prematurely expands efforts already underway following the enactment” of PFAS legislation in 2024.

3. Regulatory: Federal

   Addition of Certain PFAS to Toxics Release Inventory. On January 6, 2025, the EPA published its final rule, “Implementing Statutory Addition of Certain PFAS to the TRI,” which adds nine new PFAS substances to the Toxic Release Inventory (TRI) list of chemicals for which facilities are required to report pursuant to Section 313 of the Emergency Planning and Community Right-To-Know Act of 1986, 42 U.S.C. 11023(c). The rule brings the total number of reportable PFAS to 205 compounds. The rule was set to become effective on February 5, 2025; however, pursuant to President Trump’s executive order that was executed January 20, 2025, the “Regulatory Freeze Pending Review,” the EPA delayed its effective date by 60 days until March 21, 2025, and noted that the agency would be analyzing the final rule “for the purpose of reviewing any questions of fact, law, and policy that the rule[] may raise.”

   PFHxS Final IRIS Toxicological Review. The EPA released the final Integrated Risk Information Systems (IRIS) toxicological review of perfluorohexanesulfonic acid (PFHxS) and its related salts in mid-January 2025. This review was developed pursuant to the EPA’s PFAS Strategic Roadmap as one of five toxicological reviews to be conducted on specific PFAS compounds. The other IRIS toxicological reviews were for PFBA (final released December 2022), PFHxA (final released April 2023), PFNA (draft released March 2024) and PFDA (final released July 2024). The PFHxS toxicological review states that evidence from studies conducted on the chemical indicate that sufficient exposure to PFHxS is likely to result in thyroid and developmental immune effects in humans. The report also notes that evidence from studies “suggests but is insufficient to infer that PFHxS exposure” might (1) affect fetal development, including decreased birth weight; (2) cause hepatic effects, including increases in serum biomarkers; and (3) cause neurodevelopmental and cardiometabolic effects in humans. Finally, the EPA concluded that there is insufficient evidence to suggest that exposure to PFHxS may cause cancer or that it could lead to hematopoietic, reproductive and renal effects.

   Draft Sewage Sludge Risk Assessment. The EPA provided notice on January 15, 2025, that it had released its “Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” for public review and comment. The agency’s intent in conducting the risk assessment, as pursuant to Clean Water Act Section 405(d)(2) (33 U.S.C. 1345(d)(2)), is to determine if there are any potential risks to the environment or human health posed by the use and disposal of sewage sludge (also sometimes referred to as biosolids) that contains PFOA or PFOS. The use and disposal of sewage sludge includes application to land as a soil conditioner or fertilizer, disposal in a landfill or sewage sludge monofil (i.e., surface disposed), or incineration. For the draft risk assessment, the EPA applied models that focus on those who live on or near sites impacted by sewage sludge or those who rely on impacted products, not the general public. The agency states that it is seeking stakeholder input particularly on the risk assessment’s scientific and technical issues as well as the modeling used. Pursuant to a notice issued by the EPA on February 21, 2025, the comment period for the risk assessment was extended until April 16, 2025.

   Draft Human Health Criteria for Waterbodies — Correction. On January 15, 2025, the EPA published a notice of correction to one of its human health criteria (HHC) listed in its draft recommendations for HHC in waterbodies, which we wrote about in our previously published blog post on PFAS legislative and regulatory developments in the last quarter of 2024. Specifically, the notice corrects the organism only HHC value provided for PFOA; instead of the value being 0.00036 ng/L as listed in EPA’s December 26, 2024, notice, the correct value should be 0.0036 ng/L. Comments on these recommendations were due February 24, 2025.

   TRI Clarification of Toxic Chemicals. The EPA published a proposed rule on January 17, 2025, to edit the definition of “toxic chemicals” in the TRI regulations, which will then effectively include PFAS substances that are automatically added to the TRI pursuant to Section 7321(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92). The proposed definitional edit would confirm that TRI supplier notifications to customers receiving a mixture or trade name product would begin on January 1 of any year following the addition of PFAS substances to the TRI. On February 21, 2025, the EPA reopened the comment period on the proposed rule to allow stakeholders to submit comments until March 24, 2025.

   Withdrawal of EPA’s Proposed Clean Water Act Effluent Limitations Guidelines. On January 21, 2025, the Office of Management and Budget (OMB) announced the withdrawal of EPA’s proposed rule entitled “Clean Water Act Effluent Limitations Guidelines and Standards for PFAS Manufacturers Under the Organic Chemicals, Plastic and Synthetic Fibers Point Source Category” from OMB’s regulatory review. The proposed rule, which would have set limits on the discharge of PFAS from more than 1,000 facilities in the Organic Chemicals, Plastic and Synthetic Fibers point source category, had been sent to OMB for its review in June 2024. The proposed rule was withdrawn pursuant to President Trump’s “Regulatory Freeze Pending Review” executive order, which requires the withdrawal of all regulatory actions not yet published in the Federal Register.

   New Methods to Analyze Contaminants in Effluent. On January 21, 2025, the EPA published a proposed rule, “Clean Water Act Methods Update Rule 22 for the Analysis of Contaminants in Effluent,” to update its approved testing methods pursuant to the Clean Water Act. Along with various updates, the proposed rule will promulgate a new testing method (EPA Method 1633A) for 40 PFAS substances in wastewater as well as seven other types of environmental media. On February 21, 2025, the EPA reopened the comment period on the proposed rule to allow stakeholders to submit comments until March 24, 2025.

   Draft Health Human Criteria for Waterbodies. As described in our previous blog post regarding PFAS legislative and regulatory developments in the last quarter of 2024, the EPA published on December 26, 2024, a notice of its draft recommended water quality criteria to protect human health for three specific PFAS: (1) PFOA; (2) PFOS; and (3) PFBS. On February 21, 2025, the EPA extended the comment period until April 25, 2025.

4. Regulatory: States

   New York. In January 2025, the New York State Department of Environmental Conservation (NYSDEC) released its “2025 Regulatory Agenda,” which provides an overview of the regulatory actions NYSDEC is likely to propose or amend within the calendar year. Pursuant to the passage of Senate Bill 1322 in May 2023 — a bill that imposes prohibitions on the use of PFAS in apparel and outdoor apparel for severe wet conditions — NYSDEC plans to initiate a rulemaking to implement provisions of the law. Specifically, the statute prohibits the sale or offer for sale in the state any new apparel containing intentionally added PFAS beginning January 1, 2025. Additionally, no later than January 1, 2027, no person may sell or offer for sale in the state new apparel containing PFAS at or above a level set by NYSDEC in regulation. Further, beginning January 1, 2028, no one may sell or offer for sale in the state new outdoor apparel for severe wet conditions containing PFAS that are (1) intentionally added, or (2) at or above a level established by NYSDEC in regulation. Accordingly, NYSDEC will initiate a rulemaking to define key terms and the scope of product categories, to set maximum allowable levels of PFAS, and to possibly establish a test method to be used in measuring PFAS in relevant articles.

   Further, pursuant to a bill passed in 2022 (Assembly Bill 9279-A) and later amended in 2023 (Senate Bill 834), the state established a carpet collection program to govern the collection and recycling of unused and discarded carpeting. Pursuant to the enacted law, carpet containing or treated with PFAS substances cannot be sold or offered for sale in the state on or after December 31, 2026. NYSDEC plans to initiate a rulemaking before December 31, 2025, and notes that the regulation “will address areas of ambiguity” with respect to the law’s definitions, program plan requirements, labeling and design requirements, and the responsibilities of NYSDEC, the carpet stewardship advisory board and carpet producers.

   North Carolina. The Water Quality Committee (WQC) of the North Carolina Environmental Management Commission voted on March 12, 2025, to advance a proposed rule governing the state’s PFAS Monitoring and Minimization Program. The proposed rule implements a PFAS initial characterization monitoring requirement for all significant industrial users (SIUs), requiring the SIUs to conduct quarterly sampling of all their influent and effluent for concentrations of certain PFAS substances for one calendar year after receiving notification of the requirement. Historical PFAS sampling or monitoring as required by a National Pollutant Discharge Elimination System permit may be relied upon for the initial characterization monitoring requirement. The results of an SIU’s initial characterization will determine whether ongoing monitoring is required or not. The proposed rule, as potentially edited based on feedback received, and a regulatory impact analysis will be presented at the WQC’s meeting set for May 7, 2025.