Pace® PFAS News and Views – May 2026
- By: Lindsay Boone, M.Sc.
- Tags: Pace® PFAS News and Views, PFAS
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FEDERAL ACTIONS
Draft CCL 6 List Published
In early April, EPA released its draft Sixth Contaminant Candidate List (CCL 6) under the Safe Drinking Water Act. CCL 6 continues EPA’s focus on PFAS, once again designating PFAS as a broad class of compounds, leaving room for the inclusion of short-chain and ultrashort-chain compounds as well as fluoropolymers. CCL 6 further includes pharmaceuticals and microplastics as compound categories, 27 unregulated disinfection byproducts, 75 individual chemicals, and nine microbes. EPA is accepting public comments on the proposed contaminants and the selection process through June 5, 2026.
2026 Interim Guidance on PFAS Destruction and Disposal Published
On April 23, EPA released updated Interim Guidance on the Destruction and Disposal of PFAS and Materials Containing PFAS. While non-binding, the guidance synthesizes the latest science on three primary large-scale options (thermal treatment, landfills, and underground injection) and ranks technologies based on their relative potential to release PFAS, while also recognizing interim storage with controls as an important short-term management option. Although the National Defense Authorization Act requires the Interim Guidance to be published every three years, in 2025, EPA committed to annual updates to keep the guidance aligned with rapidly evolving science and treatment technologies.
TSCA Reporting Reprieve
In early April, EPA finalized a rule moving the inception date for reporting from April 13, 2026, to the later of January 31, 2027, or 60 days after the effective date of a forthcoming revised PFAS reporting rule. Most manufacturers will now begin reporting no earlier than early 2027, with six months to submit data, while small manufacturers that only import PFAS in articles could have up to a year from the new start date. EPA has indicated that this delay is intended to give the agency time to finalize substantive changes, including possible exemptions, and to allow companies to align their data collection with the revised requirements, rather than preparing for a rule that is still in flux.
EPA Launches PFAS Out Initiative
EPA has launched the PFAS OUTreach (PFAS OUT) initiative, a proactive program designed to help drinking water systems reduce exposure to PFOA and PFOS ahead of federal compliance deadlines. Through PFAS OUT, EPA will directly engage an estimated 3,000 water systems with known PFAS challenges, offering practical, location-specific support such as webinars, technical assistance, and funding access guidance. The initiative places particular emphasis on small, rural, and disadvantaged communities to ensure they are not left behind as systems work toward meeting enforceable PFAS drinking water standards in the coming years.
Court Gives FDA Until June to Respond to Petition on PFAS in Food
A federal court has given the FDA until June 30, 2026, to decide whether it will set enforceable limits on PFAS in food, in response to a citizen petition challenging the agency’s long delay. The petition, filed in November 2023 by the Tucson Environmental Justice Task Force and others, asks the FDA to establish temporary tolerances for roughly 26–30 PFAS—the specific compounds varies by food—and to act under its Federal Food, Drug, and Cosmetic Act authority to treat PFAS as “poisonous or deleterious” substances in the food supply.
Under the FDA’s citizen petition rules, the agency is required to rule on each petition and to respond within 180 days, a deadline the petitioners say the FDA has exceeded by more than a year. They sued under the Administrative Procedure Act and Federal Food, Drug, and Cosmetic Act for unreasonable delay, and the Arizona district court order granting the FDA’s request for time now creates a firm date by which the FDA must either grant, deny, or otherwise resolve the petition.
EU Update
In Europe, the sweeping REACH PFAS restrictions have been slowly moving forward, with ECHA’s final consultation now open through May 25, 2026, following scientific committee opinions that broadly support an EU‑wide ban with narrow, targeted exemptions. At the same time, PFAS limits already on the books are moving toward implementation, including August 12, 2026, PFAS thresholds for food‑contact packaging under the Packaging and Packaging Waste Regulation. These limits include 25 parts-per-billion (ppb) for any individual PFAS, 250 ppb for the sum of non‑polymeric PFAS, and 50 ppm for total PFAS (total fluorine).
KEY STATE ACTIONS
Delaware
In March, Delaware released a 2026 PFAS Implementation Plan as part of its new Strategic Framework for Contaminants of Emerging Concern. This plan lays out a multi‑agency, science‑based roadmap to reduce PFAS exposure in drinking water, food, and the environment. The plan organizes future actions under six strategy areas: protecting public health, assessing contamination, eliminating sources/minimizing exposure, engaging communities, strengthening communication, and ensuring emergency preparedness. Here are a few regulatory actions Pace® clients in Delaware should watch for in 2026:
- Launch of a free private well testing program targeting PFAS and other emerging contaminants.
- Ongoing and potentially expanded sampling of wastewater treatment systems, biosolids/spray fields, and priority watersheds, which may trigger site investigations or cleanup expectations for certain permit holders.
- Continued listing and regulation of PFAS under the state Hazardous Substance Cleanup Act (HSCA), which can affect responsible‑party determinations and remediation requirements at contaminated sites.
- Implementation and enforcement of public notification requirements for PFAS detections in public water systems, including more frequent reporting and potential follow‑up actions when PFAS are found.
- Product bans or require labeling on food or products containing PFAS
Florida
Florida HB 1019, now awaiting action by the governor, would require public entities that dispose of domestic wastewater biosolids and treated effluent with a design flow of at least 25,000 gallons per day to begin quarterly PFAS sampling on July 1, 2026, and submit results to the Florida DEP for informational use while federal and state PFAS water quality standards are still in development. The bill also phases out AFFF containing intentionally added PFAS over several years.
Maryland
Maryland’s SB 719 passed both houses as of March 26, 2026, and is headed to the Governor’s desk for signature. This regulation would create a tiered system for PFAS in sewage sludge, requiring sourcetracking and mitigation plans when total regulated PFAS are at or above 25 ppb. It would also prohibit land application on agricultural or marginal land when levels reach 50 ppb, while authorizing tighter pretreatment standards for industrial dischargers contributing to those levels.
Michigan
On April 23, Michigan announced a package of bills (HB 5890–5898) aimed at PFAS contamination, product use, and community protections. Several of these bills would institute new restrictions on PFAS.
Michigan HB 5890 would amend Michigan’s trade and consumer protection laws to prohibit intentionally added PFAS in certain categories of household products sold in the state. The bill directs state regulators to define covered product types and enforce a phaseout of PFAS‑containing formulations on a set compliance timeline.
Michigan HB 5895 would require Michigan’s environment department to respond when PFAS in a private drinking water well exceeds state or EPA maximum contaminant levels.
Michigan HB 5896 would add new requirements around PFAS in sewage sludge and sludge-derived products applied to land. This bill directs “a person that prepares biosolids and uses sewage sludge or sewage sludge derivatives for land application” to test for PFAS, report results to the state, and comply with any restrictions tied to PFAS concentrations. Without further clarification, it’s a little unclear whether this language puts the onus on the water utility, the supply chain, the end user, or all of the above.
Minnesota
The Minnesota Pollution Control Agency announced on April 15, 2026, that it is extending the initial deadline for reporting intentionally added PFAS in products sold in the state from July 1, 2026, to September 15, 2026, with an option for a single 90‑day extension to December 14, 2026. MPCA explained that the extra time is meant to help manufacturers gather PFAS data from suppliers, set up supplier reporting agreements, get familiar with the PFAS Reporting and Information System for Manufacturers (PRISM), and make use of updated reporting guides, forthcoming how‑to videos, and other technical support the agency is rolling out.
Texas
Texas is investigating Lululemon under state consumer protection authority for potentially deceptive “clean” and wellness-oriented marketing, alleging that the company’s clothing may contain undisclosed PFAS.
Virginia
Virginia enacted several laws on April 13, including:
Virginia SB 386, which establishes limits for PFAS in biosolids, prohibiting land application when 12‑month average PFOS or PFOA concentrations are at or above 50 micrograms per kilogram and limiting application rates to 3 dry tons per acre when averages fall between 25 and 50 micrograms per kilogram, while allowing application under existing permits below 25 micrograms per kilogram. Earlier drafts would have barred land application of sludge containing any detectable PFAS, but the enacted framework ties restrictions to measured PFAS levels and coordinates with the approach taken in HB 1443.
Virginia HB 1443 requires owners of sewage treatment works that land apply, market, or distribute sewage sludge to test for PFOS and PFOA and then follow a tiered application framework, matching that in SB 386. The legislation also includes a related landowner notification rule and a directive for the Virginia Department of Environmental Quality (DEQ) to study PFAS in sewage sludge and recommend further controls.
Virginia SB 138 focuses on industrial wastewater sources that discharge to publicly owned treatment works (POTWs). The law directs DEQ to require quarterly PFAS monitoring for one year from any industrial wastewater source that discharges to a POTW, with results reported to both the POTW and DEQ. If PFAS are detected in any amount in that first year, the industrial user must continue quarterly monitoring and reporting beyond the initial year. Impacted facilities are required to submit their initial quarterly PFAS monitoring results within 30 days once the law goes into effect.
Virginia HB 122 prohibits the manufacture, sale, or offer for sale of cosmetic products containing certain intentionally added ingredients, including PFAS, effective January 1, 2028. The law includes limited exemptions for retailers that do not manufacture cosmetics with banned ingredients and do not knowingly sell products that contain them but otherwise creates new liability exposure for cosmetic brands and upstream suppliers marketing products in Virginia.
Wisconsin
Wisconsin AB 130 and AB 131 were signed by the Governor on March 6, 2026. AB 131 sets up programs and requirements to address PFAS contamination, including a municipal PFAS grant program and other PFAS grant mechanisms, while AB 130 provides funding from the segregated PFAS fund to pay for those programs.
Under these laws, funding is targeted to specific grant uses, with more than $79 million directed to a community PFAS grant program to help municipalities and other eligible recipients investigate and mitigate PFAS contamination. Additional funding, totaling over $132 million, supports a suite of PFAS grant and assistance programs, such as grants for private well sampling, public water system projects, biosolids and sludge sampling, landfill leachate treatment systems at municipally owned landfills, and technical assistance to local governments.
EVENTS
If you are in the area or attending one of these upcoming events, we would love to meet with you. Contact us to request a meeting.
Georgia Rural Water Association Spring Conference, Jekyll Island, GA, May 5-6.
Presentations:
- GA EPD PFAS Sampling Program Ins and Outs, May 5, 1:00 – 1:30 PM.
- Biosolids Analysis for PFAS: Challenges, Considerations, and Options, May 6, 2:00 – 2:30 PM.
North Carolina Waterworks Operators Association (NCWOA) Lab Tech Day, Raleigh, NC, May 7.
New Jersey Water Environment Association Annual Conference, Atlantic City, NJ, May 11 – 15.
Presentations:
- An Analytical Deep Dive into EPA 1633A…. Qualifiers, Case Narratives and More, May 12, 8:45 AM.
- Biosolids Analysis for PFAS: Challenges, Considerations, and Options, May 12, 12:15 PM.
PFAS Forum VI, Orlando, FL, May 13 – 15.
Presentations:
- Navigating PFAS in NPDES Discharges, Property Due Diligence and Your PFAS Analytical Toolbox, May 14, 11:00 – 11:30 AM.
- Biosolids Analysis for PFAS: Challenges, Considerations, and Options, May 14, 1:00 – 1:30 PM.
New England Water Environment Association Spring Meeting N. Falmouth, MA., May 17 – 20.
New York Solid Waste Association Conference, Boston Landing, NY, May 17-20.
Presentation: PFAS ASTM D8421/EPA 8327 – Faster TAT and Lower Cost, May 18, 2:30 – 3:00 PM.
Green Mountain Water Environment Association Spring Meeting, Killington, VT, May 21, Presentation: Prevalence of PFAS Sample Cross-contamination Caused by Sampling, 10:15 – 11:15 AM.
Mississippi Rural Water Association Annual Conference, Biloxi, MS, May 26 – 29.
Battelle Chlorinated Conference, Ft. Worth, TX, May 31 – June 4, Poster: Analyses for PFAS in Consumer Products: What You Need to Know,
Mon. June 1
RECENT ARTICLES
Ultrashort‑Chain PFAS: Why They Matter and How to Measure Them
NPDWR Initial Monitoring Deadline May Be Closer Than You Think
New ASTM PFAS Sampling Guide Helps Ensure Reliable Results
Cut Through the Noise with Pace®
PFAS regulatory activity shows no sign of letting up, but the critical signals can be hard to distinguish from all the noise. Pace® will continue to track emerging requirements and provide perspectives and technical guidance so you can focus on planning, sampling, and compliance rather than chasing headlines. If you have questions about how these developments could affect your program design or analytical needs, your Pace® representative can help connect you with our PFAS experts.
