Pace® PFAS News and Views – October 2026
- By: Lindsay Boone, M.Sc.
- Tags: Pace® PFAS News and Views, PFAS
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FEDERAL ACTIONS
EPA’s Rescission Rule for Four PFAS Drinking Water Standards Expected Soon
Per EPA’s regulatory agenda, the agency intended to finalize its rule rescinding the regulatory determinations and Maximum Contaminant Levels for PFHxS, PFNA, HFPO-DA (GenX), and the Hazard Index mixture of these three PFAS plus PFBS in September 2026. The proposed rule, published in May, argues that the 2024 determinations for these four PFAS were promulgated without following the sequential process required under the Safe Drinking Water Act. If finalized as proposed, the rule would leave the 4 ppt MCLs for PFOA and PFOS intact, while rescinding the separate PFHxS, PFNA, HFPO-DA (GenX), and Hazard Index requirements.
The proposal proceeds alongside ongoing litigation over the 2024 drinking water rule; although EPA sought an early partial vacatur of the four provisions, the D.C. Circuit declined to grant that request and heard oral argument on the broader challenge on September 18.
EPA Considers Comments on Draft Biosolids Risk-Reduction Guidance
The comment period for EPA’s Draft Guidance for Reducing Risk from PFOA and PFOS in Biosolids (Docket ID EPA-HQ-OW-2026-2509) closed on October 5, 2026. Released on July 1, the guidance offers voluntary recommendations for wastewater treatment plant operators, landowners, farmers, and state and Tribal agencies on reducing risk from PFOA and PFOS in sewage sludge and biosolids. EPA will review the comments before it finalizes the guidance.
EPA Rescinds 2022 PFAS Discharge Guidance
In an August memo, EPA flagged its December 2022 memorandum on addressing PFAS discharges in NPDES permits for rescission. EPA said the guidance had caused confusion and inconsistent application across states and permittees and indicated that future actions should be informed by stakeholder engagement and public comment. The agency has since rescinded the nonbinding guidance.
EPA Updates PFAS Webpage Language
EPA has updated its website with more limited language regarding PFOA production and importation. The page now states that domestic production and import of PFOA has been phased out in the United States by companies participating in the 2010/2015 PFOA Stewardship Program, rather than using broader language indicating that PFOA and PFOS had been phased out in U.S. manufacturing.
Senate Bill Restricts Intentionally Added PFAS in Food Packaging
The Keep Food Containers Safe from PFAS Act of 2026 has been introduced in the U.S. Senate. The proposal would amend the Federal Food, Drug, and Cosmetic Act to prohibit the introduction or delivery for introduction into interstate commerce of food packaging containing intentionally added PFAS. Under the bill text, the prohibition would apply to food packaging manufactured on or after January 1, 2028. The proposal is similar to the House version, H.R. 9593, which was introduced in July.
EU Update
PFAS Limits for Food-Contact Packaging Now in Effect
As of August 12, 2026, PFAS thresholds for food-contact packaging under the EU’s Packaging and Packaging Waste Regulation are officially in force. As of August 12, 2026, food-contact packaging may not be placed on the EU market if PFAS are present at or above 25 ppb for any individual non-polymeric PFAS, 250 ppb for the sum of non-polymeric PFAS, or 50 ppm for total PFAS, including polymeric PFAS, measured as total fluorine.
KEY STATE ACTIONS
California
California’s governor signed Assembly Bill 1603 into law on September 27, 2026. This legislation requires the California Department of Pesticide Regulation to identify registered pesticides containing PFAS in the state’s pesticide-use reporting database and to track statewide use trends. The department must publish a list of registered PFAS-containing pesticides on its website and provide it to county agricultural commissioners by the earlier of January 1, 2028, or the date on which the pesticide-use reporting database incorporates 2026 data. The list must be updated annually and when newly registered PFAS-containing pesticides are identified.
Delaware
Delaware’s DNREC and Department of Health and Social Services are now offering free PFAS testing of private wells. The program is funded in part by DuPont/Chemours/Corteva settlement money and EPA Emerging Contaminants funding.
Florida
Florida’s HB 1019 Chapter 2026-158 was signed into law in June of 2026 and took effect July 1, 2026. In addition to provisions phasing out certain PFAS-containing aqueous film-forming foam, the law requires public entities that dispose of domestic wastewater biosolids or treated effluent and have a designed average daily flow of 25,000 gallons or more to conduct quarterly PFAS sampling and submit results to the Florida Department of Environmental Protection. The monitoring and reporting requirement is informational until national PFAS water-quality standards are established.
Maryland
Maryland enacted SB 719 in April of this year, establishing PFAS-based restrictions and monitoring requirements for biosolids land application. Beginning October 1, 2028, biosolids containing total regulated PFAS at or above specified thresholds will face use restrictions, including a prohibition on land application at higher concentrations. The law also permits commingling under defined conditions to reduce total regulated PFAS concentrations below 25 ppb, requires monitoring protocols, and authorizes pretreatment standards intended to address PFAS sources upstream.
Minnesota
Minnesota’s initial deadline for reporting intentionally added PFAS in products sold, offered for sale, or distributed in the state passed on September 15, 2026. The Minnesota Pollution Control Agency is processing extension requests submitted by the August 16 deadline. Manufacturers granted an extension have until December 14, 2026, to file their initial reports, while manufacturers whose requests are denied must report within 30 days of the denial notice—or by September 15, whichever date is later.
New Jersey
New Jersey Senate Bill 1281 was signed into law on August 27, 2026, as Public Law 2026, c.76. The law expands New Jersey’s Protecting Against Forever Chemicals Act to prohibit the sale, manufacture, or distribution of apparel and diaper products containing intentionally added PFAS beginning August 27, 2028. Manufacturers will be required to certify covered products as PFAS-free to the Division of Consumer Affairs, with certifications valid for five years, and to provide certification copies to buyers.
New York
The New York legislature has passed S3207-B/A8634-B, which would codify enforceable Maximum Contaminant Levels for PFAS in state public health law — 4 ppt for PFOA and PFOS, 10 ppt for PFNA, PFHxS, and HFPO-DA — tracking the 2024 federal NPDWR levels EPA has since moved to rescind. The bill has passed both chambers and has been delivered to the governor but had not yet been signed as of Oct 1.
Virginia
Virginia’s SB 386/HB 1443, enacted as Chapter 854 in April, creates new PFAS testing requirements for biosolids that are land applied, marketed, or distributed in the Commonwealth. Beginning January 1, 2027, owners of covered sewage treatment works must collect representative biosolids samples and have them analyzed for PFAS by an accredited laboratory. The law establishes different land-application outcomes based on PFAS concentrations and directs the Virginia Department of Environmental Quality (DEQ) to update applicable Virginia Pollution Abatement and VPDES permits. It also requires DEQ to use the PFAS Expert Advisory Committee or a work group to recommend approaches for reducing PFAS in biosolids, with recommendations due November 1, 2027.
OF INTEREST
D.C. Court Hears Arguments on PFAS Drinking Water Limits – National Law Review
Federal court temporarily blocks New Mexico PFAS product-labeling requirement
UV light study reveals new pathway for PFAS destruction
FDA and EU Send Conflicting Messages on PFAS Use in Medical Devices
The US Lakes with the Highest PFAS Levels
Landfill operators push back on New York state leachate proposal
Recycling PFAS Waste into Silver Fluoride for Cleaner Chemistry
Energy-Efficient PFAS Defluorination via Reactor-Scale VUV/UVC Boron Nitride Photocatalysis for Semiconductor Fabrication Wastewater
Redeveloping Contaminated Properties: What Brownfield Developers Need to Know
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.
New Jersey Water Association Annual Conference, Atlantic City, NJ, October 7–8. Presentation: PFAS is Everywhere…Is PFAS Sample Cross-contamination a Big Concern? October 8, 11:30 AM – 12:00 PM.
Environmental Challenges and Innovations Conference (ECIC) – Gulf Coast, Houston, TX, October 15. Presentation: PFAS Chemistry and Methods for Municipal and Environmental Professionals. October 26, 8:40 am
AEHS East – 42nd Annual International Conference on Soils, Sediments, Water, and Energy, Amherst, MA, October 19–22.
ASDWA Annual Conference, Cincinnati, OH, October 19–21. Presentation: Prevalence of PFAS Sample Cross-contamination Caused by Sampling, October 20, 11:00 – 11:30 AM
NC One Water Annual Conference, Raleigh, NC, November 2–4.
WEASC Operator Conference, Myrtle Beach, SC, November 2–4. Presentation: Biosolids Analysis for PFAS: Challenges, Considerations, and Options, November 2, 1:00 – 1:30 PM.
NC-PC Annual Conference and Industry Day, North Carolina, November 4. Presentation: PFAS Impacts on Industrial Users, November 4, Time: TBD.
Geology Days, Saratoga Springs, NY, November 11–13. Presentation: PFAS Analytical Methods for Geologists: Applications in Soil, Groundwater, and Brownfield Site Characterization, November 12, 12:40 PM.
WEBINARS
On-Demand Webinar: U.S. EPA UCMR 6 Proposal Issued—What’s Next?
EPA has issued its UCMR 6 proposal, signaling potential changes to future nationwide drinking water monitoring requirements. Register to access this on-demand webinar, where Pace® experts discuss the proposed rule, what it could mean for water systems, and how to begin preparing for the next steps.
Keep Pace with PFAS
As PFAS requirements continue to shift across federal, state, and international jurisdictions, timely information is essential for making confident monitoring and compliance decisions. Pace® brings together regulatory awareness, practical sampling support, and analytical expertise to help organizations assess what is changing—and determine the appropriate next steps for their programs. Contact us to connect with a PFAS expert.
