When States Step In: PFAS Policy Innovation or Fragmentation?

May 15, 2025

Read the full article by L. Claire Hansen and Carla N. Hutton (The National Law Review)

"Per- and polyfluoroalkyl substances (PFAS) remain a top concern for regulators and the public alike. While federal regulators continue to lay the groundwork for a comprehensive response, including through the PFAS Strategic Roadmap, states are increasingly positioning themselves as policy innovators in this space. The recent announcement that the U.S. Environmental Protection Agency (EPA) will issue additional guidance and extend the compliance deadline for the Toxic Substances Control Act (TSCA) Section 8(a)(7) PFAS reporting rule underscores a broader dynamic: in the absence of fast-moving federal action that states perceive as comprehensive, states are setting the pace, even if their approaches do not always (or ever) mirror the federal approach to regulation and risk mitigation.

Federal Rulemaking Slows, States Surge Ahead

EPA issued in final the TSCA Section 8(a)(7) PFAS reporting rule in October 2023 to obtain historical data on PFAS manufactured or imported since 2011. Following significant stakeholder pushback over the reporting burden and the scope of the information required, EPA announced on May 13, 2025, that it extended by direct interim final rule the reporting deadline to October 2026 (longer for small business). EPA also signaled its receptivity to revisiting the contours of the core reporting rule — music to many corporate ears.

While this federal delay, and retreat in other PFAS areas, is recent, states have not waited for federal action. Over the past few years, several states have increasingly framed PFAS regulation as a space for environmental leadership, and their regulatory approaches diverge significantly from federal approaches to PFAS regulation."