2025 promises to be a busy year for companies that use — or previously used — per- and polyfluoroalkyl substances (PFAS) in their supply chains. The U.S. Environmental Protection Agency (EPA) and various state governments have been busy at work setting new PFAS standards, prohibitions and reporting requirements. Here are a few key areas manufacturing businesses should understand in the new year.
PFAS Prohibitions for Some Consumer Goods
Businesses that sell or distribute consumer goods should know that dozens of states have passed laws prohibiting the use of intentionally added PFAS in specific categories of consumer goods. While laws vary by state, common categories of consumer goods include cosmetics, upholstered furniture and textiles, children's products, and apparel. Many states also require reporting or labeling certain consumer products that contain intentionally added PFAS.
In all, a dozen states have passed laws restricting the use of PFAS in consumer goods in some form or another. Many of these state-law prohibitions are already effective, while others will take effect later in 2025 and beyond.
Manufacturers, sellers and distributors of consumer products with any component that contains PFAS should confirm that their products can be sold in all states in which they market them in 2025 and beyond.
TSCA PFAS Reporting Poses a Major Task for 2025
In October 2023, the EPA issued its Toxic Substances Control Act (TSCA) PFAS reporting rule, which we discussed in a previous eAlert. The PFAS reporting rule requires businesses to report all manufacture or import of PFAS over the last 13 years, with a reporting period dating to January 1, 2011. Critically, the PFAS reporting rule applies to PFAS present as a component in imported articles. Businesses subject to the reporting requirement will have an extensive one-time reporting obligation that covers PFAS uses, production volumes and other information for each PFAS manufactured or imported as part of an article. Failure to comply with these reporting requirements can come with steep penalties — over $48,000 per day.
The window to submit data under this new rule opens July 11, 2025, and closes January 11, 2026 — though certain small businesses may report until July 11, 2026. But companies should not wait to begin gathering data. EPA guidance makes clear that a diligent investigation will require a company to report information known to or reasonably ascertainable by the company. This can require review of internal records, reference to information contained in standard references and inquiries to suppliers. Ultimately, the level of investigation required will depend on the specific circumstances of each company, but a diligent inquiry will take time.
PFAS Reporting Under Federal Toxic Release Inventory Continues to Expand
In 2020, Congress added various PFAS to the Toxic Release Inventory (TRI) list, under the Emergency Planning and Community Right-to-Know Act. Companies that manufacture, process or otherwise use threshold quantities of chemicals on the TRI list must report that usage to the EPA annually. For PFAS, the threshold quantity is 100 pounds.
New reporting requirements for 196 PFAS take effect this year. Reports for the 2024 reporting year, which must be submitted by July 1, 2025, can no longer use the de minimis exemption for PFAS supplier notifications, which previously excused reporting for otherwise-reportable chemicals when used in small concentrations. Also gone is the option to use the simplified “Form A” when reporting PFAS for the TRI. Companies that fail to report as required can face inflation-adjusted penalties of nearly $70,000 per day.
The EPA has also proposed to add an additional 16 PFAS chemicals and 15 additional categories of PFAS, representing over 100 PFAS chemicals, to the TRI. As proposed, all PFAS chemicals in a single category would be aggregated to calculate the 100-pound reporting threshold. This will substantially increase the number of facilities that must submit TRI reports.
Companies should evaluate their manufacturing processes to determine whether they are required to report PFAS usage under TRI.
