America’s Two-Front War on Forever Chemicals: EPA Targets Cleanup Liability as States Race to Ban Consumer Products

The landscape of Per- and Polyfluoroalkyl Substances (PFAS) regulation in the United States is characterized by a dynamic and sometimes fragmented environment, with significant actions unfolding at both the federal and state levels. The overall trend is a decisive move toward stricter controls, comprehensive reporting, and cleanup liability.

Dynamics of PFAS Regulation in the US (2025 Context)

The current regulatory dynamic is driven by two main forces: a sustained push by the Environmental Protection Agency (EPA) to utilize existing federal laws for broad control, and an accelerating number of state-level bans and restrictions on consumer products.

1. Federal Regulatory Momentum

The U.S. Environmental Protection Agency (EPA) is actively using its authority under several key federal statutes:

CERCLA (Superfund) Designations: In September 2025, the EPA affirmed its decision to maintain the designation of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This move is intended to ensure a “polluter pays” framework for cleanup costs, a position the EPA is defending in ongoing litigation. The agency also plans to establish a uniform framework for future PFAS hazardous substance designations.
Safe Drinking Water Act (SDWA): The EPA’s April 2024 final rule established Maximum Contaminant Levels (MCLs) for six PFAS compounds. However, in September 2025, the EPA filed a motion to partially vacate the rule, specifically to withdraw the MCLs for four of the six compounds (PFHxS, PFNA, HFPO-DA/GenX, and the combined Hazard Index). The agency intends to retain the individual MCLs for PFOA and PFOS but is expected to propose a rulemaking by the end of 2025 to extend the compliance deadline for public water systems to 2031 (originally 2029).
TSCA (Toxic Substances Control Act) Reporting: The deadline for the comprehensive reporting of historical PFAS manufacturing and use (from 2011 to 2022) under the TSCA Section 8(a)(7) rule has been delayed. The data submission window is now set to open for most manufacturers on April 13, 2026, and close on October 13, 2026. This rule imposes onerous reporting obligations for any PFAS, including those in mixtures and articles.
RCRA (Resource Conservation and Recovery Act) and TRI (Toxics Release Inventory): The EPA has signaled its intent to expand controls under these acts:
- A final rule to list specific PFAS compounds as Hazardous Constituents under RCRA (requiring corrective action for releases) is planned for April 2026.
- Rules to add individual PFAS and PFAS categories to the TRI are planned for finalization in February 2026.

2. State-Level Product Bans

In the absence of a comprehensive federal consumer product ban, individual states have become the primary drivers of restrictions on PFAS in products, creating a complex and fragmented compliance landscape for manufacturers and retailers. Several major state bans have or will soon take effect.

State	Product Category	Effective Ban Date for Intentionally Added PFAS
California	Textile Articles (Apparel, bedding, furnishings, etc.)	January 1, 2025
	Cosmetics	January 1, 2025
	Outdoor Apparel for severe wet conditions exemption ends	January 1, 2028
	General ban for food packaging, children’s products, dental floss, cleaning products, ski wax	2028
Maine	Cleaning products, Cookware, Cosmetics, Dental floss, Juvenile products, Menstruation products, Textile articles, Ski wax, Upholstered furniture	January 1, 2026
	Artificial turf, Outdoor apparel (severe wet conditions, unless labeled)	January 1, 2029
	General ban on all products (unless “currently unavoidable use” is determined)	January 1, 2032
Minnesota	Carpets and rugs, Cleaning products, Cookware, Cosmetics, Dental Floss, Fabric treatments, Juvenile products, Menstrual products, Ski wax, Textile furnishings, Upholstered furniture	January 1, 2025 (General ban for some categories was 1/1/2025, but some bans, e.g., for certain pesticides and fertilizers, begin January 1, 2026 for the listed categories)
	General ban on all products (unless “currently unavoidable use” is determined)	July 1, 2032
	*Reporting:* Initial product reporting due to MPCA	July 1, 2026 (Extended from Jan. 1, 2026)
New York	Apparel	January 1, 2025
	Children’s products	January 1, 2026
Washington	Aftermarket stain- and water-resistance treatments, Carpets and rugs	January 1, 2025
	Leather and textile furniture and furnishings intended for indoor use	January 1, 2026
	*Reporting:* Reporting for outdoor leather and textile furniture/furnishings due	January 31, 2025
Illinois	Cookware, Cosmetics, Children’s products, Food packaging/food contact products	January 1, 2026
Oregon	Food Packaging, Children’s products	January 1, 2025

Note: The term “Intentionally Added PFAS” generally means the chemical was added to a product with the intent of providing a functional or technical effect.

Key Focus Areas and Upcoming Deadlines

Key Area	Federal/State	Upcoming Deadlines (Late 2025 – Mid 2026)
Environmental Cleanup	Federal (EPA/CERCLA)	Final briefs for PFOA/PFOS Hazardous Substance litigation due December 5, 2025
Reporting (Federal)	Federal (EPA/TSCA)	TSCA PFAS Reporting Window opens April 13, 2026
Waste/Disposal	Federal (EPA/RCRA)	Final rule for listing specific PFAS as RCRA Hazardous Constituents planned for April 2026
Emissions/Discharge	Federal (EPA/TRI)	Final rule for adding PFAS to the TRI planned for February 2026
Consumer Product Bans	State (Maine, Illinois)	Bans on numerous product categories (cookware, cosmetics, cleaning products, etc.) take effect January 1, 2026 in both Maine and Illinois.
Consumer Product Reporting	State (Minnesota)	Initial reporting of products with intentionally added PFAS due July 1, 2026