PFAS — "Forever Chemicals" Contamination & Federal Regulation

PFAS (per- and polyfluoroalkyl substances) are a class of over 15,000 synthetic chemicals that have been manufactured and used since the 1940s in nonstick cookware (Teflon), waterproof clothing (Gore-Tex), food packaging, firefighting foam (AFFF), and thousands of other products. They are called "forever chemicals" because their carbon-fluorine bonds are among the strongest in chemistry — PFAS do not break down in the environment, accumulate in the human body over time, and have been detected in the blood of 98% of Americans. Scientific research has linked PFAS exposure to cancer (kidney, testicular), thyroid disease, immune system suppression, reproductive problems, liver damage, and developmental effects in children. PFAS contamination is widespread — found in drinking water serving an estimated 110+ million Americans, in soil near military bases and airports (where AFFF firefighting foam was used), in biosolids applied to farmland, in fish, and in consumer products. The federal regulatory response has accelerated dramatically: in April 2024, the EPA finalized the first-ever national drinking water standards for PFAS — setting maximum contaminant levels (MCLs) of 4 parts per trillion (ppt) for PFOA and PFOS (two of the most studied PFAS) and a hazard index limit for mixtures of other PFAS. In April 2024, EPA also designated PFOA and PFOS as CERCLA hazardous substances — making polluters liable for cleanup costs under Superfund. These actions represent a fundamental shift from voluntary to mandatory PFAS regulation.

Current Law (2026)

Legal Authority

• 42 U.S.C. § 300g-1 — National primary drinking water regulations (see Safe Drinking Water Act — EPA authority to set MCLs)
• 42 U.S.C. § 9601 et seq. — CERCLA/Superfund (hazardous substance designation and cleanup liability)
• 15 U.S.C. § 2607 — TSCA reporting and recordkeeping requirements (PFAS manufacturing data)
• 10 U.S.C. § 2701 — DOD environmental restoration program (military base PFAS cleanup)

How It Works

EPA's 2024 final rule sets the first-ever legally enforceable limits on PFAS in drinking water: 4 parts per trillion for PFOA and PFOS individually (effectively as close to zero as can be reliably measured), 10 ppt for PFNA, PFHxS, and HFPO-DA/GenX, and a hazard index of 1 for mixtures. Public water systems serving more than 3,300 people must begin monitoring within 3 years and achieve compliance by 2029. EPA estimates the rule will prevent thousands of deaths and reduce tens of thousands of serious illnesses; the estimated $1.5 billion annual compliance cost for water systems nationwide will be partially offset by $9 billion in Bipartisan Infrastructure Law funding for PFAS remediation. Separately, by designating PFOA and PFOS as CERCLA hazardous substances, EPA made PFAS polluters legally liable for cleanup costs — municipalities whose water is contaminated can potentially recover costs from manufacturers and industrial users (3M, DuPont/Chemours, and others); the federal government can use Superfund authority to order or conduct cleanups; and parties who released PFOA/PFOS face strict, joint-and-several liability. EPA's enforcement discretion policy focuses CERCLA claims on PFAS manufacturers and AFFF users, not on farmers who applied PFAS-contaminated biosolids or water utilities that received PFAS-contaminated water.

The Department of Defense is the single largest source of PFAS contamination in the United States, through decades of using AFFF (aqueous film-forming foam) for firefighting training at military bases, airports, and shipyards. DOD has identified contamination at 700+ military installations; Congress mandated phaseout of PFAS-containing AFFF by October 2024 and directed transition to fluorine-free alternatives. Cleanup will take decades and cost billions. PFAS litigation is simultaneously one of the largest mass torts in American history: approximately 10,000+ lawsuits consolidated in a South Carolina MDL (MDL 2873), with 3M agreeing to pay $10.3 billion (2023) to settle water utility claims and DuPont/Chemours and related companies agreeing to $1.19 billion. Individual personal injury claims (cancer, thyroid disease) are proceeding through bellwether trials, and state attorneys general have filed separate enforcement actions. The CERCLA designation will accelerate further litigation by creating a federal cleanup liability framework.

How It Affects You

State Variations

PFAS regulation varies significantly by state:

Implementing Regulations

• 40 CFR Part 141 — EPA National Primary Drinking Water Regulations: PFAS maximum contaminant levels (MCLs) finalized in 2024 for PFOA and PFOS at 4 parts per trillion, with MCLs of 10 ppt for PFNA, PFHxS, and HFPO-DA (GenX), and a hazard index limit for PFAS mixtures; public water systems serving 3,300+ people must comply by April 2029

• 40 CFR Part 302 — EPA CERCLA reportable quantities for PFAS: establishes PFOA and PFOS as CERCLA hazardous substances (designated April 2024), triggering release reporting requirements and Superfund cleanup liability

• 40 CFR Part 261 — RCRA hazardous waste identification: proposed PFAS hazardous substance designations under the Resource Conservation and Recovery Act, potentially expanding PFAS regulation to solid and hazardous waste management

• 40 CFR Part 423 — EPA Effluent Limitations Guidelines for steam electric power generating: addresses PFAS discharge limits for power plants, part of a broader effort to reduce PFAS discharges into surface waters

• 40 CFR Part 705 — Reporting and Recordkeeping Requirements for Certain Per- and Polyfluoroalkyl Substances: EPA's one-time PFAS reporting rule under TSCA §8(a)(7), finalizing the largest single data collection on PFAS manufacturing in U.S. history. The rule requires comprehensive disclosure of historical PFAS production, uses, and exposures by any company that manufactured or imported PFAS from 2011 onward:

  • § 705.5 — Substances covered: the reporting obligation applies to all chemical substances and mixtures containing a PFAS, consistent with the TSCA definition — any fluorinated organic chemical with at least one fully fluorinated methyl or methylene carbon atom; this encompasses thousands of individual PFAS compounds including PFOA, PFOS, PFAS precursors, and newer "short-chain" replacement PFAS that manufacturers had claimed were safer; the scope is intentionally broad — EPA estimates over 1,400 PFAS substances are covered
  • § 705.10 — Who must report: any person who manufactured (including imported) a covered PFAS for commercial purposes at any point from January 1, 2011 through the end of the calendar year before the submission period; the "look-back" to 2011 is intentional — it captures production data covering the period when PFAS contamination was already widespread but before many companies began voluntarily phasing out certain compounds; "manufactured" includes producing PFAS as a byproduct if the byproduct itself has TSCA commercial significance
  • § 705.15 — What to report: for each site and each PFAS substance, reporters must submit: (a) chemical identity (name, CAS number, or EPA-assigned structural identification); (b) production volume for each year of the reporting period; (c) industrial processing and use — categories describing how the PFAS was used downstream (as a surface treatment, in a product, in a manufacturing process); (d) consumer and commercial product uses — categories of consumer and commercial products containing the PFAS; (e) worker exposure data — number of workers potentially exposed and exposure routes; (f) environmental release estimates — release to air, water, and land; (g) disposal methods used for waste containing the substance
  • § 705.20 — Submission period: the original submission period was open from November 2024 to May 2025 (six months); importers of articles containing PFAS received an additional six months; EPA collects all submissions through the CDX (Central Data Exchange) electronic system
  • § 705.25 — Recordkeeping: reporters must retain all records supporting their submissions for 5 years from the submission date; records must be available for EPA review; the retention requirement enables EPA to audit reported data

  The Part 705 PFAS reporting rule is transformative for EPA's regulatory program. Before this rule, EPA had almost no systematic data on which PFAS were manufactured, in what quantities, for what uses, and with what worker and environmental exposures — it relied on voluntary disclosures and research studies. The mandatory reporting provides the data foundation for EPA's long-term PFAS regulatory agenda: prioritizing which compounds to restrict under TSCA §6, setting water quality standards, and establishing cleanup priorities. First-time reporters include chemical manufacturers (3M, DuPont/Chemours, Daikin, Solvay, and hundreds of smaller companies), importers of articles containing PFAS (electronics, clothing, food packaging), and companies that used PFAS in industrial processes. EPA estimated approximately 3,500–7,000 entities would need to report. Recent rulemaking: 88 FR 50094 (July 2023) — PFAS TSCA §8(a)(7) proposed rule; 89 FR 99722 (December 2024) — final rule.

Pending Legislation

PFAS regulation legislation including manufacturing bans and cleanup funding has been introduced in the 119th Congress. See Clean Water Act for related legislative activity.

Recent Developments

• Trump EPA reconsidering PFAS drinking water standards (2025): EPA under the Trump administration announced it would reconsider the Biden EPA's April 2024 drinking water MCL rules for PFOA and PFOS (4 ppt each) and related PFAS. The reconsideration created immediate uncertainty for the ~66,000 water systems that had been planning to comply by 2029. Courts blocked EPA from simply withdrawing the standards (which took effect under statute), but extended reconsideration timelines. The chemical industry and affected utilities argued the 4 ppt standards were technically infeasible and economically unjustifiable; public health advocates argued the standards were based on sound science and necessary to protect millions.
• CERCLA/Superfund PFAS designations: EPA's 2024 final rule designating PFOA and PFOS as CERCLA hazardous substances — triggering Superfund liability for releases — was also being reconsidered. The Trump EPA indicated it would narrow the liability scope and potentially delay implementation. Chemical companies, airports, and defense contractors facing massive potential Superfund liability for PFAS contamination from firefighting foam and industrial use were closely watching the reconsideration.
• 3M and DuPont settlements: 3M settled for $10.3 billion (the largest environmental settlement ever) to resolve municipal water system PFAS claims, with payments spread over 13 years. DuPont and related companies settled separately for approximately $1.2 billion. These settlements provide substantial funding for water system remediation but cover a fraction of the total PFAS contamination across the country. Individual personal injury lawsuits against PFAS manufacturers continue in courts nationwide.
• PFAS in food and consumer products: The FDA and EPA are examining PFAS in food packaging, cookware, and consumer products beyond water. Several manufacturers have voluntarily phased out certain PFAS from consumer products, but thousands of PFAS compounds remain in use. International pressure — particularly from the EU, which is moving toward comprehensive PFAS restrictions — is accelerating U.S. corporate transitions even as regulatory action slows.