PFAS Reporting Rule Update: OMB Clears Path for EPA to Ease Requirements

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EPA is a step closer to easing PFAS reporting requirements for manufacturers and importers after the Office of Management and Budget (OMB) completed its review of a proposed rule on October 24, 2025, that is likely to introduce exemptions.

Background: The Current PFAS Reporting Rule

The Toxic Substances Control Act (TSCA) section 8(a)(7) PFAS reporting rule, finalized in 2023, requires entities that manufactured or imported PFAS in any year from 2011–2022 to report extensive data to EPA.  Unlike other TSCA reporting obligations, the rule does not exempt articles, de minimis quantities, byproducts, or impurities—drawing criticism from industry groups, who argue that its broad scope is both unnecessary and overly burdensome.

As discussed in a previous post, the rule’s original 2024 reporting deadline has already been delayed twice to 2026 because of technical difficulties.  However, in the most recent postponement, EPA signaled that it was considering reopening elements of the rule to align with the Trump administration’s deregulatory agenda.  On August 29, 2025, it submitted the proposal to OMB for regulatory review.

What’s Next

According to the Spring 2025 Unified Agenda, the rulemaking will incorporate “certain exemptions and other modifications to the scope of the reporting rule.”  The proposed rule is expected in December 2025, and EPA plans to finalize the rulemaking in June 2026.

More on the PFAS reporting rule’s requirements can be found in a previous post.

Reminder: Upcoming New York Carpet EPR Deadlines

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New York’s carpet extended producer responsibility (EPR) law will soon take effect, with important deadlines on the horizon for producers.  As discussed in a previous post, the law requires manufacturers to fund and manage the collection and recycling of post-consumer carpet sold in the state, while also phasing in recycled content minimums and a prohibition of PFAS in carpet products.  Oversight and enforcement will be carried out by the New York State Department of Environmental Conservation (NYSDEC).

Here are the key deadlines producers should keep in mind:

  • Dec 31, 2025: Producer or representative organization plans due to NYSDEC (date set via 2023 chapter amendment).
  • July 1, 2026: Cannot sell carpet in NY unless participating in an approved plan; collection and recycling program begins.
  • Dec 31, 2026: PFAS-containing carpet ban takes effect.

Producers can find additional details on program implementation on NYSDEC’s Carpet Recycling page.  Specific information on the PFAS prohibition can be found in a previous post.

Climate Neutral Labeling Lawsuit Dismissed by Court

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A proposed class action lawsuit challenging Mondelēz International, Inc.’s labeling on its “Zbar” snack bars has been tossed by a federal judge, who held that the company’s “climate neutral certified” claim was factual and could not mislead a reasonable consumer.

The court’s October 27, 2025, order turns on the inclusion of the word “certified” in the claim.  Since the product was factually certified by a third party called Change Climate Project, the court found no likelihood of deception, and dismissed the case with prejudice.

“Mondelēz did not advertise that its product was in fact climate neutral, but instead that its product was certified as climate neutral….There is nothing deceptive about Mondelēz including on its packaging a true statement,” the court wrote.

The plaintiff had alleged that the label is likely to mislead a reasonable consumer into believing that the product does not contribute to climate change, despite the fact that the product results in “roughly 54,000 tons of carbon dioxide equivalent” emissions annually.  According to the complaint, the product only obtained its certification due to the purchase of carbon offset credits, which are often fraudulent.

FTC Green Guides

To support her arguments, the plaintiff pointed to environmental guidance promulgated by the Federal Trade Commission (FTC) known as the Green Guides, which are codified into California law.  The Green Guides caution that third-party certifications do not relieve marketers of the obligation to substantiate all claims reasonably conveyed by the certification.

The court, however, found that although the label did not identify the certifier by name, the climate neutral claim’s placement, design, and wording made clear that the certification came from a third party.  Accordingly, “it cannot reasonably be attributed to Mondelēz.”

“Reasonable consumers are generally not expected to conduct independent research to substantiate claims made on a product’s packaging, but neither are they permitted to defy common sense and everyday experiences,” order states.

The case is Salguero v. Mondelēz International, Inc., No. 25-cv-2139 (N.D. Ill.), filed 2/28/2025.

Lawsuit Challenges “Organic” Claims on PFAS-Containing Soil Products

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A proposed class action lawsuit in California federal court targets Kellogg Supply Inc., arguing that the soil and fertilizer company falsely represents products as “organic” despite containing PFAS such as PFOA and PFOS.

According to the October 29, 2025, complaint, multiple organic-labeled Kellogg products contained levels of specific PFAS that exceed EPA screening thresholds.  Under EPA guidance, these levels “could trigger further action or study under [the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)].”

The plaintiffs contend that “PFAS do not fall within any definition of organic.”  Kellogg’s use of organic labeling “induce[s] consumers into believing that the Products contain only naturally occurring, non-synthetic ingredients and are therefore a superior alternative to competing—and less expensive—products that are not labeled as organic,” the lawsuit states.

While Kellogg’s packaging displays a certification logo from OMRI, a third-party organic certifier, the plaintiffs allege this certification contradicts OMRI’s own standards.  According to the complaint, the certification was granted only because “OMRI does not test for PFAS as part of their process.”

The complaint addresses a common weakness in similar litigation by specifying that the plaintiffs’ own purchased products were among those tested and that proper chain-of-custody procedures were followed.  Judges in other cases have dismissed claims due to inadequate connections between products purchased and laboratory samples.

The lawsuit seeks to represent consumers in California and New York under those states’ consumer protection and false advertising laws.

The case is Valdez v. Kellogg Supply, Inc., No. 25-cv-02917 (S.D. Cal.), filed 10/29/2025.

Groups Challenge EPA Rule Allowing PBTs in TSCA Exemption Reviews

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New persistent, bioaccumulative, and toxic chemicals (PBTs) should not be eligible for expedited reviews under the Toxic Substances Control Act (TSCA) known as the low volume exemption (LVE) and low releases and exposures exemption (LoREX), environmental groups told the Ninth Circuit on October 17, 2025.

The lawsuit challenges EPA regulations finalized in December 2024 that allow companies to continue to continue to apply those exemptions for certain PBTs.  In their opening brief, the petitioners argue that the rule violates TSCA’s requirement that exemptions protect against unreasonable risk.

“The record, including EPA’s own findings, establishes that the category of new PBTs may—indeed, will likely—present unreasonable risk even when complying with the terms of the LVE and LoREX Exemptions,” the brief states.

Disputed Eligibility Standards

The 2024 rule made PFAS categorically ineligible for the exemptions, as well as PBTs “with anticipated environmental releases and potentially unreasonable exposures to humans or environmental organisms.”  The petitioners contend that this “turns the statute on its head” because it requires that EPA affirmatively determine “that a specific PBT is unsafe” for it to be ineligible.

“In effect, the rule treats an absence of evidence as a reason to expedite the approval of a new PBT chemical, rather than a reason to deny an exemption application,” their brief states.

EPA justified its decision to allow certain PBTs to remain eligible by suggesting that PBT use may not always result in exposure, “such as chemical substances used in a closed system to make semiconductors.”  In the rule, EPA also stated that it “expects that most exemptions for PBT chemical substances will not be granted.”

The petitioners, however, describe EPA’s “zero-release-zero-exposure” scenarios as “fanciful.”   All “new PBTs will eventually be released into the environment, cause exposures, and thereby result in serious injury,” they argue.

Speedier Reviews

LVE and LoREX applications are subject to a 30 day review period, compared to 90-to-180 days for standard reviews, though review backlogs mean reviews often take much longer in practice.  The petitioners claim that LVE and LoREX reviews are less “detailed and comprehensive” than standard reviews, and observe that EPA does not require testing or impose additional restrictions on approved exemption applications—incentivizing companies to use them.

Publicly available EPA data shows that 221 valid LVEs were submitted in fiscal year 2025, which was greater than the number of standard review applications.  No LoREX submissions were received during the year, however.

In August 2025, EPA announced that it had made substantial progress on the LVE backlog thanks to process improvements.  However, its continued progress may be jeopardized by the ongoing government shutdown.

More on EPA’s 2024 new chemicals procedural rule can be found in a previous post.  The case is Alaska Community Action on Toxics v. EPA, No. 25-158 (9th Cir.), filed 1/10/2025.

California Settles $1.75M Lawsuit Over False Plastic Bag Recycling Claims, Launches Another

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California’s attorney general has reached a $1.75 million settlement with four plastic bag producers and initiated a lawsuit against three more, alleging that the companies falsely claimed their plastic bags were recyclable to comply with a state ban on single-use plastic bags known as SB 270.

According to the October 17, 2025, announcement, the defendants in both cases labeled their bags with the “chasing arrows” recycling symbol, made recyclability claims, and self-certified their products as recyclable.  However, when the attorney general’s office sent demand letters requiring that the producers substantiate their claims, they were allegedly unable to provide sufficient evidence.

“[D]espite the manufacturers’ claims and widespread consumer belief, these bags do not, in fact, appear to generally be recyclable, let alone ‘recyclable in the state,’ as SB 270 requires,” the announcement states.

California’s recycling authority, CalRecycle, has “released several reports indicating that the vast majority of plastic carryout bags in California are not being recycled in California,” the most recent complaint states.  Even plastic bags deposited in designated collection bins mostly “end up in landfills or incinerators or are shipped to other countries.”

In addition to violating SB 270, all defendants face alleged violations of California’s Environmental Marketing Claims Act, False Advertising Law, and Unfair Competition Law.  Some of the violations stem from alleged noncompliance with the Federal Trade Commission’s (FTC’s) Green Guides, which are incorporated into California law.

The settlement is subject to court approval.  A copy of the proposed final judgement can be found here.

Proposed 2026 MSGP: Is Your Facility Prepared for PFAS Stormwater Monitoring Requirements?

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EPA’s proposed 2026 Multi-Sector General Permit (MSGP) for stormwater discharges associated with industrial activity would require quarterly monitoring for PFAS—a significant expansion of federal stormwater compliance obligations that facilities should begin preparing for now.

The MSGP implements Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) requirements across 29 industrial sectors.  EPA released the proposed permit in December 2024.  Once finalized, it will replace the current 2021 MSGP, which expires at the end of February 2026.

The MSGP applies only to areas where EPA is the NPDES permitting authority, including Massachusetts, New Hampshire, New Mexico, the District of Columbia, most US territories, much of Indian country, and certain federal facilities.  In a webinar, EPA estimated that 2,000 facilities will be directly affected.  However, because many states model their stormwater NPDES permits after EPA, the MSGP is likely to influence stormwater requirements nationwide.

PFAS Monitoring Requirements

Under the proposed 2026 MSGP, operators in 23 industrial sectors would be required to conduct quarterly indicator monitoring for 40 PFAS compounds for the duration of the permit.  The list includes PFOA, PFOS, PFHxS, PFNA, PFBS, and HFPO-DA (commonly known as “GenX”)—the six PFAS subject to EPA’s April 2024 national drinking water standards.

Testing must be performed using EPA Method 1633, which uses liquid chromatography and mass spectrometry to identify and quantify individual PFAS analytes.  Importantly, the proposed PFAS monitoring is “report-only” and does not include benchmark thresholds or require follow-up actions at this stage.

An EPA fact sheet states that the agency will use the data “to conduct an initial quantitative assessment of the levels of PFAS in industrial stormwater, further identify industrial activities with the potential to discharge PFAS in stormwater, and inform future consideration of potential PFAS benchmark monitoring for sectors with the potential to discharge PFAS.”

Other proposed monitoring updates include new or revised benchmark monitoring parameters for pH, total suspended solids (TSS), chemical oxygen demand (COD), ammonia, nitrate, nitrite, and selected metals in specific industrial sectors.  EPA is also proposing a modified benchmark monitoring schedule, with quarterly monitoring required for the first three years of permit coverage or until twelve quarters of monitoring data are collected.

Timeline and Related Actions

EPA intends to issue the final 2026 MSGP before the 2021 MSGP expires on February 28, 2026.  Once the final permit is published, operators will need to submit new Notices of Intent (NOIs) for coverage under the new permit.

According to the Spring 2025 Unified Agenda, EPA is also advancing several related PFAS initiatives under the CWA and the Safe Drinking Water Act (SDWA):

  • PFAS Monitoring in NPDES Applications: EPA plans to propose a rule in November 2025 to update several NPDES application forms to include PFAS monitoring and reporting requirements.
  • Effluent Guidelines for PFAS Manufacturers: EPA expects to propose revisions to the Organic Chemicals, Plastics, and Synthetic Fibers Effluent Limitations Guidelines and Standards in January 2026, addressing PFAS discharges from facilities manufacturing PFAS.
  • Drinking Water Standards: EPA is also expected to delay compliance deadlines for its national drinking water standards for PFOA and PFOS, and to rescind requirements for the other four PFAS included in the 2024 rule.

The comment period on the proposed 2026 MGSP closed on May 19, 2025.  More on the proposal can be found on EPA’s website.

Supplemented Diet Could Make Waxworms Viable for Plastic Bioremediation

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Caterpillars could play a role in breaking down plastic waste—but only if their diet includes certain supplements, according to a preprint research paper from Brandon University scientists in Canada.

The study examines waxworms, the caterpillar larvae of the greater wax moth, which can eat and digest low-density polyethylene (LDPE), one of the world’s most common plastics.  When fed only LDPE, waxworms show “decreased survival, growth, and development” compared to those eating their natural honeycomb diet.  But researchers discovered a promising combination: equal parts LDPE, honeycomb, and corn syrup.

“Notably, recovery from this diet indicates that LDPE and the associated biodegradation process does not adversely affect larval consumption or fitness,” the research paper states.  As a result, “large-scale rearing of G. mellonella on an optimized, co-supplemented diet could have intriguing potential in plastic bioremediation.”

Other experimental diets testing combinations of sugar, vitamins, protein, and food waste proved unsuccessful.

The paper was released on June 24, 2025, and has not yet been peer reviewed.

Real-World Implementation

Waxworms offer several practical advantages for plastic bioremediation.  According to the researchers, the “larvae are highly tractable in laboratories/facilities, have high reproductive capacity, require a small footprint relative to biomass, and are voracious feeders.”

In addition, while waxworms on the LDPE-supplemented diet had slower development than those an all-honeycomb diet, the paper argues that may be beneficial because “it allows for longer feeding durations and presumably more plastic consumption overall.”

However, the researchers caution against drawing overly optimistic conclusions from the study.  For example, while the experiment used pure LDPE, “all commercially prepared LDPE contain small amounts of stabilizer,” which might impact larval fitness.

Another unknown is whether residual microplastics remain after waxworms digest LDPE.

More information on the paper is available on its SSRN page.

Colorado Proposes Amendments to EPR Regulations to Implement Eco-Modulation

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The Colorado Department of Public Health and Environment (CDPHE) has released a proposed rule to introduce eco-modulation—a system that lowers dues for producers who meet specific sustainability incentives under the state’s extended producer responsibility (EPR) program for packaging.

Under Colorado’s EPR program, producers of packaging and paper products will begin paying dues to a producer responsibility organization (PRO) in January 2026 and annually thereafter.  When CDPHE first adopted its implementing regulations in June 2024, it left the eco-modulation criteria undefined.  The new proposal fills in those details.

Like other state packaging EPR laws, Colorado’s program aims to shift recycling costs from taxpayers to producers.  Through a PRO, producers are responsible for expanding recycling access, increasing recycling rates, and funding the recycling system.

Eco-Modulation Benchmarks

The proposed rule establishes several voluntary benchmarks that allow producers to reduce their dues by achieving certain environmental performance goals:

  • On-package sorting criteria: Inclusion of sorting instructions and guidance directly on packaging.
  • Local end use: Use of materials that are on the state’s “minimum recyclable” list, contain at least 20% US-generated postconsumer-recycled content, and are utilized by an end-market business in Colorado.
  • Compostability: Use of a material that meets ASTM standards for compostability and complies with certain labeling requirements.
  • Case study: Development of a case study demonstrating measurable benefits to recyclability, waste reduction, or other environmental outcomes for a covered material.

Each benchmark achieved earns producers a 1% reduction in dues for each qualifying material.  Bonuses will be applied to 2027 invoices and all invoices thereafter, except the on-package sorting benchmark, which will only be available starting in 2029.

The proposal additionally provides a pathway for producers to dispute the final application of eco-modulation factors to their dues, and eliminates a requirement that producers “submit documents and records to the PRO if they believe they are exempt from covered material.”

According to CDPHE’s website, the public comment period for the rulemaking ended September 28, 2025.  However, the page states that the Solid & Hazardous Waste Commission is currently accepting comment, and “strongly encourages” that comments be submitted by November 7.  CDPHE will present the commission with its proposed amendments on November 18, 2025.

The statement of purpose accompanying the proposed rule can be found here.

New York to Ban PFAS in Carpet Beginning December 2026

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A New York state law will ban the sale of carpet containing or treated with PFAS “for any purpose” starting December 31, 2026—following in the footsteps of other states, such as Colorado and Maryland, which have already forbid the intentional use of so-called “forever chemicals” in carpeting.

Like those states, the law broadly defines PFAS as “a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.”  The term “carpet” is also defined expansively, encompassing most manufactured articles that are:

  • Used by consumers;
  • Placed on walking surfaces (including outdoors); and
  • “Primarily constructed of a top surface of synthetic or natural face fibers or yarns or tufts attached to a backing system made of synthetic or natural materials.”

Handmade rugs, area rugs, and mats are excluded from the law’s scope.

The ban was originally set to take effect in 2024, but state lawmakers postponed its implementation in 2023.  To date, it does not appear that any New York lawmaker has proposed legislation to extend its effective date again, however.

This prohibition is part of New York’s broader carpet extended producer responsibility (EPR) framework.  As discussed in a recent post, the EPR program will require that carpet manufacturers fund a carpet collection program and phases-in post-consumer recycled content requirements.

According to a New York State Department of Environmental Conservation (NYSDEC) webpage, the agency is currently “in the preliminary stage of developing” regulations to implement the program and its associated requirements.