PFAS Expectations for 2025

Per- and polyfluoroalkyl substances (PFAS) regulations in 2024 were enough to cause whiplash. As public scrutiny and action at the state level continue to grow, we expect the regulatory push to generally continue into 2025 and beyond. Addressing PFAS was identified as a top priority of the Biden Administration, and there were some historic actions made – including the establishment of federally-enforceable drinking water maximum contaminant levels (MCLs) for certain PFAS as well as a hazardous substance designation under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). However, there are still many PFAS concerns to address as well as pending rules at the federal level. It’s unclear what the fate of these rules will be if we see changes in allotted resources or overall priority to addressing PFAS following the incoming Trump administration, but it seems safe to say that the push will continue to some degree given the growing public and community concern regarding these “forever chemicals.” Continue reading for some of the key regulatory areas where we anticipate action.

Water

Wastewater

The U.S. Environmental Protection Agency (U.S. EPA) intends to continue efforts related to studying and developing PFAS effluent limits for industrial wastewater dischargers. One example of this is U.S. EPA’s Preliminary Effluent Guidelines Program Plan 16 (Preliminary Plan 16), which would initiate new wastewater discharge and treatment studies for the Battery Manufacturing, Centralized Waste Treatment, and Oil and Gas Extraction industrial categories. Additionally, U.S. EPA will conduct studies of PFAS processors, or industrial facilities engaged in processing PFAS into commercial products. A notice of availability of this proposed plan was published in the Federal Register on December 18, 2024, which also initiated a 30-day public comment period. The goal of these studies is to collect information on the listed industrial category sources and better understand the wastewater discharge characteristics so that ultimately, U.S. EPA can determine if either new or revised effluent guidelines and pretreatment standards are warranted in those industries. Effluent Guidelines Program Plans are routinely initiated by U.S. EPA as mandated under the Clean Water Act (CWA), and we expect to see more to come relating to additional PFAS studies and the implementation of PFAS limits for industrial wastewater dischargers.

This action is also aligned with U.S. EPA’s previously issued guidance to National Pollutant Discharge Elimination System (NPDES) permit writers to begin including PFAS monitoring requirements and/or limitations in permits for certain sources. While many states are still reluctant to set numerical discharge limits, there has been a steady increase in the number of state-issued discharge permits that include monitoring requirements in accordance with the finalized U.S. EPA Method 1633. This trend is expected to continue and will be especially important to pay attention to if your facility has an upcoming permit renewal.

Additionally, U.S. EPA continues to push forward on data collection activities for other industrial categories from previous Effluent Guidelines Program Plans and Information Collection Requests (ICR). U.S. EPA is also still working to collect PFAS data relating to wastewater influents to Publicly Owned Treatment Works (POTWs) as well as understand potential risks from PFAS in biosolids.

Data collection requests and investigative sampling efforts are planned to continue in 2025, with the ultimate goal of developing technology-based PFAS standards for certain industrial wastewater discharge categories. Be on the lookout for new PFAS monitoring requirements during permit renewals.

Stormwater

Similarly to wastewater, U.S. EPA is currently proposing to add PFAS monitoring requirements to the industrial stormwater multisector general permit (MSGP). The proposed MSGP was published on December 13, 2024, which initiated a 60-day comment period. Among several other changes, the proposed MSGP includes a new requirement for facilities to conduct quarterly “report only” indicator analytical monitoring for PFAS in stormwater discharges from 24 of the 30 industrial categories covered under the MSGP. The indicator monitoring data is intended to provide U.S. EPA with baseline data for industrial stormwater discharges. It’s important to note that as “report only” requirements, there are no thresholds or limitations associated with the monitoring, and therefore, no follow up actions are triggered if PFAS are detected. The PFAS monitoring is proposed to be conducted using U.S. EPA Method 1633, covering 40 individual PFAS compounds, although U.S. EPA is seeking comment regarding whether monitoring should also be done using U.S. EPA Method 1621, which is a screening method for adsorbable organic fluorine.

The new MSGP is scheduled to replace the current 2021 MSGP beginning in 2026. However, it’s important to note that because the revised MSGP is not scheduled to be reissued until 2026, it is unclear if the new administration will proceed with the inclusion of the PFAS monitoring requirements in the final version. Additionally, it’s important to note that the MSGP is only binding in the three states where U.S. EPA directly administers CWA permits. However, many states utilize the MSGP as a model for their own state-issued permits.

Although storm water PFAS regulations may be a bit behind wastewater at the moment, don’t count them out. Be on the lookout for new PFAS monitoring requirements during permit renewals as well as other data collection, PFAS usage certifications, or PFAS management plan requests.

Testing

Under the CWA, U.S. EPA signed a new proposed Methods Update Rule (MUR) on December 6, 2024, which includes a proposal to update the list of approved analytical methods for PFAS in wastewater, surface water, groundwater, soil, biosolids, sediment, landfill leachate, and fish tissue. Specifically relating to PFAS sampling, the MUR proposes to add U.S. EPA Method 1633A, U.S. EPA Method 1621, as well as ASTM D8421 under 40 CFR §136.3. U.S. EPA Method 1633A is a revised version of U.S. EPA Method 1633, which can measure 40 specific PFAS. ASTM D8421 can measure these same 40 PFAS. Alternatively, U.S. EPA Method 1621 measures the aggregate concentration of organofluorines in wastewater as adsorbable organic fluorine. As we’ve seen historically with the finalization of U.S. EPA Method 1633, the addition of promulgated methods by U.S. EPA tends to encourage states to begin incorporating more requirements into state-issued permit requirements.

Remember: Everything looks like a nail if all you have is a hammer. Establishing a larger toolbox is the ultimate goal to allow for more accuracy and options in sampling for facilities. However, during this time of continued advances and changes to the PFAS analytical landscape, it is critical to conduct a detailed evaluation of proposed sampling procedures, protocols, and expectations before embarking on a sampling event.

Chemical Reporting

Toxic Release Inventory

In accordance with Section 7321(c) of the fiscal year of 2020 National Defense Authorization Act (NDAA), a PFAS or class of PFAS shall be added to the list of Toxic Release Inventory (TRI) chemicals beginning on January 1^st of the calendar year after any of the following activities:

• Final Toxicity Value: The date on which the Administrator finalizes a toxicity value for the PFAS or class of PFAS;
• Significant New Use Rule: The date on which the Administrator makes a covered determination for the PFAS or class of PFAS;
• Addition to Existing Significant New Use Rule: The date on which the PFAS or class of PFAS is added to a list of substances covered by a covered determination;
• Addition as an Active Chemical Substance: The date on which the PFAS or class of PFAS to which a covered determination applies is:
  • Added to the list published under Section 8(b)(1) of the Toxic Substances Control Act (TSCA) and designated as an active chemical substance under TSCA Section 8(b)(5)(A); or
  • Designated as an active chemical substance under TSCA Section 8(b)(5)(B) on the list published under TSCA Section 8(b)(1).

It’s important to remember that not only does a chemical listing impact the TRI report, but it also impacts supplier notifications and safety data sheet (SDS) requirements. The current list of reportable PFAS for reporting year 2024 (reports due July 1, 2025) consists of 196 individual PFAS compounds. However, looking ahead to 2025 data collection for TRI, there are an additional nine PFAS that will be added to the list for reporting year 2025 (reports due July 1, 2026) based on triggering activities that occurred this past year:

• Perfluoro-3-methoxypropanoic acid (CAS No. 377-73-1)
• Ammonium perfluorodecanoate (CAS No. 3108-42-7)
• Sodium perfluorodecanoate (CAS No. 3830-45-3)
• 6:2 Fluorotelomer sulfonate acid (CAS No. 27619-97-2)
• 6:2 Fluorotelomer sulfonate anion (CAS No. 425670-75-3)
• 6:2 Fluorotelomer sulfonate potassium salt (CAS No. 59587-38-1)
• 6:2 Fluorotelomer sulfonate ammonium salt (CAS No. 59587-39-2)
• 6:2 Fluorotelomer sulfonate sodium salt (CAS No. 27619-94-9)
• Acetic acid, [(γ-ω-perfluoro-C8-10-alkyl)thio] derivs., Bu esters (CAS No. 3030471-22-5)

Because the framework for expansion under TRI is already in place, it is expected that this list of reportable TRI-listed PFAS will continue to grow. Be sure to carefully review the current list of TRI-reportable PFAS, supplier notification letters, and SDS composition information to determine if your facility manufacturers, processes, or otherwise use any of the listed PFAS.

Toxic Control Substances Act 

There are several sections under the Toxic Control Substances Act (TSCA) rule that give U.S. EPA authority to regulate chemicals used in manufacturing. Some of these include pre-manufacturer notices for any new chemical substances, testing orders, Significant New Use Rules (SNURs), and TSCA inventory reporting. The boundaries of TSCA have continued to expand to include risks from PFAS and this is expected to continue in 2025. For example, U.S. EPA has recently amended chemical procedural regulations under TSCA that will improve the overall efficiency of their review process for new chemicals. U.S. EPA also finalized certain amendments to the low volume exemptions (LVEs) and low release and exposure exemptions (LoREXs) which, among other things, make PFAS categorically ineligible from using these exemptions.

Additionally in 2025, U.S. EPA is scheduled to open the reporting window for the new one-time reporting rule for PFAS under TSCA Section 8(a)(7). The original reporting window was scheduled to open from November 12, 2024 through May 8, 2025; however on September 4, 2024, U.S. EPA announced a direct final rule to delay the reporting period to begin on July 11, 2025 and last through January 22, 2026. The delay was due to U.S. EPA budgetary constraints that impacted the TSCA program in 2024, so we will need to see if there is enough budget for the TSCA program in 2025 to finalize this new electronic reporting module under the Central Data Exchange (CDX) in time for the July 2025 reporting window opening date.

PFAS regulations within TSCA will likely continue to expand. U.S. EPA is making efforts to understand how and where PFAS are used in manufacturing, what types of PFAS are commonly used in the United States, and what potential risks are associated with those PFAS. Manufacturers of PFAS, including importers, should make sure they are aware of requirements and how PFAS are utilized in their process.  

CERCLA

As covered in the mid-year PFAS review, U.S. EPA’s designation of PFOA and PFOS as “hazardous substances” under CERCLA was met with heavy pushback and industry scrutiny from the beginning, largely relating to potential liability and cleanup responsibility concerns. Subsequently, there were five petitions filed requesting that the United States Court of Appeals for the District of Columbia Circuit revisit and review this rulemaking. As it currently stands, this rulemaking is still in effect but given the existing scrutiny, it could be towards the top of the chopping block for targeted deregulation under the new administration.

ALL4 will be closely monitoring this regulation in 2025. There is a potential to see more challenges and petitions against this rule.

With all of the federal discussion, it’s important to remember that state regulation has remained active and will likely continue to persist. While there may be a delay in overarching federal consistency, states will continue to establish their own requirements, as necessary. If you are a company with facilities operating in multiple states, it’s critical to understand the PFAS regulatory differences that may exist between them.

ALL4 is available to assist with any of your PFAS needs. We are available to help you understand applicable state or federal regulations and compliance obligations, identify potential PFAS sources on-site, or assist with sampling programs. Please contact me at knuschke@all4inc.com if you have any questions.