EPA Adds PFAS to TRI List for 2026 Reporting

On October 7, 2025, EPA announced the addition of a new PFAS to the Toxics Release Inventory (TRI): PFHxS-Na (CASRN 82382-12-5).  PFHxS-Na is a salt associated with the PFAS PFHxS (CASRN 335-46-4).

The addition takes effect January 1, 2026.

Why Was This PFAS Added?

PFHxS-Na was automatically added to the TRI list after EPA finalized a toxicity value for PFHxS and its salts in a 2025 Integrated Risk Information System (IRIS) report.  Under the FY 2020 National Defense Authorization Act (NDAA), PFAS compounds must be added to the TRI list when certain criteria—such as a finalized toxicity value—are met.

According to the announcement, the other PFAS identified in that IRIS assessment are already on the TRI list.

Implications for Reporting Entities

Supplier notifications for PFHxS-Na will be first required as of January 1, 2026, and reporting companies will be required to include PFHxS-Na in their Reporting Year 2026 reports, according to an EPA webpage.

With this update, EPA says that a total of 206 PFAS are now subject to TRI reporting.  The agency previously added nine PFAS to the TRI list in January 2025 for Reporting Year 2025 reports, which are due July 1, 2026.

In addition, EPA has proposed a rule to add 16 individual PFAS and 15 PFAS categories to the TRI list, while also formalizing the criteria for automatic PFAS additions.  The Trump administration’s Spring 2025 Unified Agenda indicates that EPA will finalize the rule in February 2026.

More on that rulemaking and EPA’s other TRI PFAS actions can be found in our TRI archive.

EPA Not Required to Regulate PFAS in Sewage Sludge, Court Rules

EPA is not required to identify and regulate PFAS in sewage sludge under the Clean Water Act (CWA), a federal judge ruled on September 29, 2025, in Farmer v. EPA, No. 24-cv-1654.

The CWA defines sewage sludge as “solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works.”  Every two years, the law mandates that EPA review its sewage sludge regulations and release a report “for the purpose of identifying additional toxic pollutants [in sewage sludge] and promulgating regulations for such pollutants.”

The case was brought by a group of farmers, a nonprofit that promotes organic agriculture, and an organization representing Potomac River watershed residents.  The plaintiffs argued that the widespread use of sewage sludge as fertilizer introduces PFAS into the food chain and contaminates water and property.  “EPA’s failure to identify and regulate PFAS in sewage sludge exposes Plaintiffs to continuing harm from future applications of sewage sludge on nearby properties,” their June 2024 complaint states.

They sought a court order requiring EPA to identify 18 specific PFAS compounds in its next biennial report and to regulate 11 PFAS that the agency had already identified in previous reports—including PFOA and PFOS.

In its opinion, the D.C. District court concluded that the plaintiffs’ request exceeds the CWA’s requirements because the statute does not impose date-certain deadlines on the agency.  “Although the plain language of the CWA imposes a non-discretionary duty on EPA to review its regulations on a biennial basis, it does not mandate that EPA also identify and regulate sewage-sludge pollutants within the same time frame,” the opinion states.

The court further held that neither the biennial report nor EPA’s failure to list pollutants in that report constitutes a final agency action subject to Administrative Procedure Act (APA) review.  However, the court noted that the plaintiffs could challenge EPA’s inaction through a CWA petition, the denial of which “could constitute a final agency action” under the APA.

Company Sues EPA to Block Disclosure of Chemical Identities Under TSCA

A silicates manufacturer is suing EPA to prevent the disclosure of its confidential business information (CBI) under the Toxic Substances Control Act (TSCA), in what at least one source claims may be a case of first impression under the law.

At issue are the chemical identities of two substances that Burgess Pigment Co. initially failed to substantiate as CBI following the 2016 Lautenberg Amendments to TSCA, which introduced new requirements for companies that seek trade secret protection in their submissions to EPA.

Burgess claims it submitted adequate substantiation once it discovered its oversight, maintained its CBI claim in subsequent filings, and has stayed in “constant contact” with EPA.  According to the complaint, if EPA discloses the chemical identities anyway, it would violate the Administrative Procedure Act (APA).

“EPA’s unreasonable adherence to form over function caused it to fail to adhere to its regulations requiring nondisclosure of properly substantiated CBI and is otherwise arbitrary, capricious, and contrary to law,” the complaint states.

According to the complaint, Burgess was one of many companies that failed to respond to the 2017 rule implementing the new CBI requirements.  In 2021, EPA released a rule to reopen the reporting period, but it was never published in the Federal Register.

The case is Burgess Pigment Co. v. U.S. Environmental Protection Agency, No. 5:25-cv-00309 (M.D. Ga.), filed 7/18/25.

Trump Administration Proposes Overhaul of Biden-Era TSCA Risk Evaluation Framework

On September 23, 2025, EPA published a proposed rule that would roll back key provisions of the agency’s May 2024 risk evaluation framework rule, which sets out the procedures EPA uses to assess the risks of existing chemicals under the Toxic Substances Control Act (TSCA).

According to EPA, the proposal is intended to “effectuate the best reading of the statute and ensure that the procedural framework rule does not impede the timely completion of risk evaluations or impair the effective and efficient protection of health and the environment.”

The rollback is a priority for the Trump administration, which first announced its intent to reconsider the rulemaking in March.  The 2024 rule—itself a revision of a rule issued during the first Trump administration—has been criticized by industry groups such as the American Chemistry Council and targeted for revision by the Heritage Foundation’s “Project 2025” initiative.

What Changes is EPA Proposing?

If finalized, the rule would:

  • Grant EPA discretion to narrow the scope of risk evaluations by excluding conditions of use and exposure pathways from its assessments.
  • Require that separate risk determinations be made for each of a chemical’s conditions of use, instead of a single risk determination for the chemical as a whole.
  • Remove language prohibiting EPA from assuming worker protections through PPE usage.
  • Eliminate “overburdened communities” from the list of “potentially exposed or susceptible subpopulations” that must be considered in evaluations.
  • Provide EPA with greater flexibility to revise or supplement scope or risk evaluation documents without restarting the prioritization process.
  • Scale back information collection requirements for manufacturers requesting a risk evaluation.
Stakeholder Responses

The proposal has drawn criticism from environmental groups, who warn that the changes—particularly EPA’s ability to exclude conditions of use and exposure pathways—will jeopardize public health.

“Rather than looking at the full picture of a chemical’s toxic risk, EPA wants to downplay the links these chemicals have to cancer and chronic disease and give the chemical industry a handout at the expense of our health and safety,” an Environmental Defense Fund official said in a statement.

“The chemicals in the pipeline for review under TSCA have been prioritized specifically because of the risks they pose to our health, and rewriting this process to lowball risks will only rig the rules to benefit the chemical industry,” she continued.

The American Chemistry Council, on the other hand, applauded the move.  “This proposed approach demonstrates EPA’s commitment to refining its processes in a way that is both protective and practical,” an official said in a press release.  “The proposal reflects meaningful progress toward a more science-driven regulatory framework for conducting TSCA risk evaluations.”

Comments on the proposed rule are due November 7, 2025.  More on the 2024 rule can be found here.

EPA Stands by CERCLA PFAS Designation Amid Legal Challenge

EPA under the Trump administration will defend a rule issued by the Biden administration designating two PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the agency told the D.C. Circuit Court of Appeals on September 17, 2025.

“EPA has completed its review and has decided to keep the Rule in place,” the agency wrote in a court filing.

The case, Chamber of Commerce of the USA v. EPA, No. 24-1193, consolidates challenges to the May 2024 rule.  It has been held in abeyance since February at EPA’s request while the Trump administration determined how to proceed.

EPA’s decision to defend the rule is somewhat unexpected.  Last month, the New York Times reported that internal EPA documents recommended its repeal, stating that its “cons outweigh pros.”

Key Impacts of the CERCLA Designation

The rule has significant consequences for EPA’s ability to respond to contamination and assign cleanup responsibility for PFOA and PFOS, the two PFAS covered by the designation.

“Designating PFOA and PFOS as CERCLA hazardous substances eliminates barriers to timely cleanup of contaminated sites, enables EPA to shift responsibility for cleaning up certain sites from the Fund to [potentially responsible parties (PRPs)], and allows EPA to compel PRPs to address additional contaminated sites,” the rule states.

Due to the designation, entities that release PFOA and PFOS above reportable quantities must notify authorities.  When releases occur, EPA (and other agencies) can more quickly respond, because they no longer need to first determine that the release “may present an imminent and substantial danger.”

Crucially, the designation also allows EPA to compel PRPs to take action in response to significant PFOS or PFOA contamination—often at their own expense.

The rule justifies listing PFOA and PFOS based on their health hazards, persistence and mobility in the environment, and bioaccumulation in humans and other organisms.  EPA also conducted a “totality of the circumstances” analysis, which weighed the pros and cons of their designation.

More on EPA’s PFAS and CERCLA actions can be found on our CERCLA archive.

EPA to Fast-Track Chemical Reviews for AI and Data Center Projects

EPA will prioritize review of premanufacture notices (PMNs) for chemicals tied to artificial intelligence (AI) and data center projects, the agency announced on September 18, 2025.

“We inherited a massive backlog of new chemical reviews from the Biden Administration which is getting in the way of projects as it pertains to data center and artificial intelligence projects,” EPA Administrator Lee Zeldin said.  “The Trump EPA wants to get out of the way and help speed up progress on these critical developments, as opposed to gumming up the works.”

The policy implements President Trump’s Executive Order 14318, “Accelerating Federal Permitting of Data Center Infrastructure,” which directs the agency to expedite permitting for qualifying projects under a variety of environmental statutes, including the Toxic Substances Control Act (TSCA).

What Projects are Eligible?

Two types of projects can qualify for expedited review:

  1. Data center projects requiring more than 100 megawatts (MW) of new load dedicated to AI inference, training, simulation, or synthetic data generation.
  2. Covered component projects, which include the materials, products, and infrastructure needed to build or operate such facilities—such as energy infrastructure, power plants, semiconductors, networking equipment, and data storage systems or software.

To be eligible, a project must also meet at least one of the following criteria:

  • A commitment of $500 million or more in capital expenditures.
  • An incremental electric load addition of more than 100 MW.
  • Direct relevance to national security.
  • Official designation as a qualifying project by a federal department.
How to Request Priority Review

According to updated EPA guidance, the new priority review process will take effect on September 29, 2025. To request it, PMN submitters must:

  • Attach a cover letter to their PMN submission via EPA’s Central Data Exchange (CDX).
  • Identify the specific data center or covered-component project the chemical will support.
  • Show that the project meets at least one of the executive order’s qualifying criteria.
  • Provide supporting documentation, such as permitting records, project announcements, or letters of support, plus details on how the chemical will be used.

EPA has posted detailed instructions for companies seeking priority review on its PMN guidance webpage.

EPA’s 2025 FIFRA Enforcement Trends

EPA has maintained a surprisingly aggressive enforcement posture under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in 2025, even as broader deregulatory and budget-cutting initiatives move forward.  Data from the first part of the year suggest that civil enforcement remains vigorous across multiple sectors and may be exceeding levels seen in previous years.

Key Enforcement Activity

Increased Volume of Cases:  EPA’s Enforcement and Compliance History Online (ECHO) database indicates that 84 FIFRA administrative enforcement cases with civil penalties were opened from February through July 2025.  This represents a notable increase compared to the same period in 2024 and 2023, when approximately 59 and 51 cases were issued, respectively.

Rising Penalties:  EPA’s enforcement in 2025 has produced some of the largest FIFRA settlements on record.  In May, Costco Wholesale Corp. agreed to a $3.07 million settlement for selling unregistered antimicrobial gloves and misbranded air filters, failing to file import notices, and violating a stop‑sale order.  As part of the same enforcement action, Winix America settled for more than $1 million.  A third seven-figure settlement was reached with Stepan Co. for selling or distributing a misbranded pesticide.

Notices of Refusal of Admission:  EPA Region 8 has been actively monitoring pesticide imports along the northern border.  EPA’s administrative enforcement dockets webpage indicates that nearly 50 notices of refusal of admission have been issued in 2025 so far.

FIFRA Expedited Settlement Agreement Pilot Program

A significant number of civil penalties have been assessed through EPA’s Expedited Settlement Agreement (ESA) Pilot Program under FIFRA, launched in January 2025.  The program targets minor, easily correctable violations and provides discounted, non-negotiable settlements, in lieu of formal enforcement.  The pilot program is intended to streamline enforcement while prioritizing resource efficiency and deterrence.

This pilot program will remain available for 36 months from its approval date, with evaluation of its effectiveness slated after 30 months.  ESA penalties have generally ranged from several hundred to several thousand dollars.

Implications for Regulated Entities
  • Enforcement focus remains strong on labeling, registration, import compliance, and antimicrobial products.
  • The ESA Pilot Program may allow expedited resolution but applies only to specific, low-severity violations.
  • Companies should continue to operate under the assumption that enforcement remains robust.
Practical Steps

To manage enforcement risk:

  • Review labeling, registration status, and marketing claims for all pesticide and antimicrobial products.
  • Confirm compliance with import documentation such as notices of arrival and relevant filings.
  • Strengthen supplier and private-label compliance monitoring.
  • Conduct a proactive self‑audit under EPA’s Audit Policy, especially if potential minor violations are identified.
  • Evaluate whether any matters may qualify for the FIFRA ESA Pilot Program.
Final Thought

Despite changes in the regulatory landscape, 2025 shows that EPA’s FIFRA enforcement remains serious.  Taking preemptive steps can provide meaningful protection and potentially reduce enforcement exposure.

EPA Requests Comment on Reconsideration of PCE Rule

On July 30, 2025, EPA published a request for comment as it reconsiders its regulation of perchloroethylene (PCE) under the Toxic Substances Control Act (TSCA).  The request marks the first step toward potentially amending the rule issued in December 2024, which prohibited or phased out most uses of the solvent.

EPA is particularly interested in receiving comment on:

  • Whether the existing chemical exposure limit of 0.14 parts per million (ppm) should be replaced by a different limit, such as the non-cancer exposure limit of 0.5 ppm or the lifetime cancer exposure limit of 0.47 ppm;
  • Conditions of use that may be better managed through workplace protections rather than bans; and
  • Use of PCE in industrial dry cleaning processes, including workplace controls and the performance of alternatives in those operations.

EPA first announced its intent to revisit the rule in a May 12 motion requesting that the Fifth Circuit place a consolidated legal challenge to the regulation on indefinite hold.  The court denied that request, instead granting a 90-day stay.

The PCE rule was primarily driven by concerns over the solvent’s neurotoxicity.  It bans all consumer uses of PCE as well as many industrial and commercial uses, including a 10-year phaseout for use in dry cleaning.  Many of the uses that are not prohibited, such as use in aircraft and petrochemical manufacturing, will be subject to workplace exposure controls.

According to EPA’s May 12 filing, any revisions to the rule are expected to take 12 to 18 months.  Comments on the notice are due August 29, 2025.

EPA Updates Safer Choice Program’s Ingredients List

On July 21, 2025, EPA added 18 chemicals to the Safer Chemicals Ingredients List (SCIL).  The move may signal that the agency plans to continue the Safer Choice program, despite earlier speculation that the Trump administration might transition it to the private sector.

With the update, there are now 983 chemicals on the SCIL.  The list is designed to help manufacturers find safer alternatives to hazardous chemicals.  Products that meet the criteria of the Safer Choice program are eligible to carry the “Safer Choice” label.  The SCIL can be found here.

The voluntary program was targeted for elimination by the Heritage Foundation’s “Project 2025” initiative.  However, industry groups such as the American Cleaning Institute urged the Trump administration to retain it.

In a press release announcing the update, EPA states that the additions “support[] Administrator Zeldin’s commitment to transparency, innovation and safer chemistry.”  The agency also notes that using existing SCIL-listed chemicals can help companies avoid delays tied to the approval of new substances—an acknowledgment of industry concerns about the backlog in EPA’s review process.

“Without an approval from EPA under the Toxic Substances Control Act, new chemistries don’t make it to market, which simultaneously holds back the manufacturing and innovation sectors and keeps older chemistries in regulation,” the release states.

The 18 additions represent a variety of functional classes, including emollients, polymers, and surfactants.  All but one are either verified or expected to be of low concern based on experimental and modelled data.

The exception, sodium polyphosphates, is only allowed as an oxidant stabilizer due to possible hazards.  Its “yellow triangle” designation indicates that it is one of the safest chemicals available for its function, but that its function is in need of safer chemistry innovation.

Last year, EPA expanded the Safer Choice program by introducing sustainable packaging criteria and a Safer Choice Cleaning Service certification.  More on that update can be found here.

Fifth Circuit Questions EPA’s Methylene Chloride Rule in Landmark TSCA Case

On June 3, 2025, the Fifth Circuit heard oral argument in a case consolidating industry and Sierra Club challenges to EPA’s regulation of methylene chloride under the Toxic Substances Control Act (TSCA).  The panel generally appeared to doubt EPA’s justification for banning certain uses of the solvent and imposing stringent workplace restrictions.

The background for East Fork Enterprises Inc. v. EPA, No. 24-60256, is discussed in a previous blog post.  It looks likely that this will be the first case in which a court of appeals rules on the merits of a TSCA risk management rule since EPA was granted expanded authority to regulate existing chemicals with the 2016 Lautenberg amendments to TSCA.

Undefended Policies

The industry petitioners’ attorney urged the court to rule on two Biden-era policies that the Trump EPA has declined to defend: the agency’s decision not to assume that workers use PPE, and its “single determination” approach to findings of unreasonable risk.

One judge asked the industry attorney whether there had been any statistical surveys or epidemiological work to determine the number of workers affected by methylene chloride, suggesting that EPA should base its review in terms of “reality.”  The industry attorney replied that isolated incidents were noted in the record, but that they should be considered against the size of the country.  “That there have been a given number of incidents is not enough to tell you the scale of the risk,” he said.

When a judge suggested that EPA’s use of conservative “uncertainty factors” helps the agency extrapolate from human studies in a way that “protect[s] those…most at risk,” the industry attorney pushed back.  “The uncertainty factors are going far beyond that…it is protective factor times protective factor times protective factor, and they’re doing that in a part of the analysis that is quite separate from what they’re doing for vulnerable populations,” he said.

Another judge inquired about the economics of the methylene chloride industry, claiming that “it’s not irrelevant to understand what the scope of the market is” when determining whether a regulation is reasonable.

Scientific Evidence

To defend its decision to impose significantly stricter worker exposure limits than OSHA, EPA argued that OSHA’s standard was based on cancer findings, rather than “the most common adverse effect, adverse liver effects.”  This drew pushback from one judge, who claimed that liver effects had only been found in animals, not humans.

“If you’re going to really show that there’s toxicity to the liver, it seems to me that you have to show toxicity to the liver, and that requires epidemiological testing, doesn’t it?” the judge said.  “EPA is tasked with finding unreasonable risk, and unreasonable risk, from a scientific standpoint, when you’re talking about humans, is epidemiology.”

EPA’s attorney acknowledged that “human studies are the first place you look” but said that “when [EPA doesn’t] have concrete information, they have to look [to] animals.”  Earlier in the argument, EPA’s attorney noted that animal testing allows for dissection, unlike human studies—which she argued can make some effects, like the early stages of liver disease, more apparent.

Both EPA and Sierra Club also pointed to the Lautenberg amendments’ explicit directive that EPA consider worker risks as evidence that Congress did not intend for EPA to defer to OSHA’s existing limitations.

I Survived”

In a notable exchange, one judge expressed concern with the breadth of the risk management rule: “It’s hard to say that any party can verify that they have never given a bit of methylene chloride to their friend who’s refinishing old furniture, a subject for which I’m particularly sensitive, because I’ve done it, and I survived.”

EPA’s attorney replied that the rule permits continued use of methylene chloride for furniture refinishing for another five years because no adequate alternative currently exists.  “This is not a case where EPA was just unilaterally deciding, ‘we don’t like this chemical, we’re going to regulate so there’s zero risk,’” she said.

EPA was also sharply pressed on the applicable standard of review.  “We noticed that EPA’s brief didn’t cite a single case that relied on the substantial evidence standard [used by TSCA] as opposed to the lower arbitrary and capricious standard,” a judge observed.

Sierra Club Arguments

The panel also appeared skeptical about the Sierra Club’s arguments, which claim that EPA’s regulations did not properly protect fenceline communities or address risks to the ozone layer.

“It’s a very, very, very, stringent regulation…I mean, what do you mean?” one judge asked.

When EPA noted that methylene chloride emissions are regulated under the Clean Air Act, one judge asked, “How does Sierra Club have a justification for coming in on this regulation at all, vis-à-vis fenceline communities, because this regulation does not cover ambient air emissions?”

EPA’s attorney responded that this was why risks to fenceline communities were not evaluated in the original 2020 risk evaluation for methylene chloride—though those risks were considered in a 2022 revision.

During rebuttals, the Sierra Club was also pressed about EPA’s one-in-a-million cancer benchmark.  “One in a million is pretty darn small…where’s the science that supports one in a million of anything being unreasonable?” one judge asked.

The Sierra Club’s attorney said that the benchmark was supported by the Science Advisory Committee on Chemicals (SACC), prompting the judge to respond, “We did a little looking at that, and it looked like some…members of the [SACC] had also themselves received EPA grants.”

But the Sierra Club argued that it does create a conflict of interest, because other members had been funded by methylene chloride manufacturers.  “I think EPA aims for a diverse range of views on the SACC,” its attorney said.