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Pace® PFAS News & Views – February 2026 

FEDERAL ACTIONS

PFAS MCLs Stay in Place as D.C. Circuit Rejects EPA’s Bid for Quick Rollback

On January 22, 2026, the D.C. Circuit issued an order denying the U.S. EPA’s request for partial vacatur of PFAS MCLs under the Safe Drinking Water Act (SDWA). Here are the main points to consider when assessing how the Court’s action may (or may not) impact your operations:

  • As most readers know, individual MCLs for six PFAS and a Hazard Index MCL for a mixture of four PFAS were finalized in 2024.
  • In 2025, the EPA proposed rescinding individual MCLs for PFHxS, PFNA, HFPO-DA and the Hazard Index on the grounds that the 2024 rule was procedurally flawed under SDWA’s notice-and-comment requirements.
  • Some have argued that the EPA’s proposal would not go forward due to the “backsliding clause” in the SDWA, which prohibits the EPA from revising a drinking water standard in a way that provides less health protection than the prior standard, unless narrow statutory exceptions are met.
  • However, the D.C. Circuit Court did not issue its decision on those grounds. Rather, their argument was a procedural one, stating that “the merits of the parties’ positions are not so clear as to warrant summary action.”

In this context, “summary action” essentially means granting or denying the EPA’s request on an expedited, streamlined basis because the outcome appears clear. The bottom line is that drinking water MCLs enacted in 2024 remain in place despite ongoing litigation, and water systems should plan to complete Initial Monitoring by April 2027.

TRI List Now Includes 206 PFAS

Effective January 1, 2026, the number of PFAS chemicals included in TRI now reflects the automatic addition of PFHxS-Na (CASRN: 355-46-4) following the EPA’s finalization of a toxicity value for the compound. In addition, the U.S. EPA’s IRIS website continues to list the toxicity assessment for PFNA (CASRN: 375-95-1) as “under development.” Unofficial reports indicate that an assessment was completed in 2025 but has not yet been released to the public.

TSCA Reporting Rules Now in Effect

Under a PFAS reporting rule, EPA extended the TSCA PFAS reporting deadline for most companies to January 11, 2026, giving businesses additional time to compile and submit the required information on their manufacture, importation, and processing of PFAS. That deadline has now passed, so companies that met the applicability criteria are expected to have submitted their TSCA PFAS reports.

KEY STATE ACTIONS

 

2026 State Bans, Limits, and Reporting Requirements

Several bans, limits, and reporting requirements for PFAS in consumer products went into effect in 2026. Paul Jackson, Pace® Program Manager, Environmental Compliance and Emerging Contaminants, covered these in a recent post: PFAS in Consumer Products: New Year = New Limits on Intentionally Added PFAS

Hawaii
Introduced in early January, Hawaii Senate Bill 2096 would require certain wastewater treatment plants to test sewage sludge and any other residual materials for PFAS and directs the Department of Health to adopt administrative rules for the safe disposal and sequestration of sewage sludge and related residuals that contain PFAS to protect public health and the environment.

Illinois
Illinois SB3101, introduced on January 29, would direct the Illinois Environmental Protection Agency to establish and enforce standards for testing biosolids for PFAS and create a framework for governing how PFAS-containing biosolids may be land-applied.

Maine
Introduced on January 7, 2027, Maine Legislative Document 2115, “An Act to Protect Private Wells from Hazardous Substances” would provide funding through the Maine Department of Environmental Protection (DEP) to support PFAS and other hazardous substance testing of private drinking water wells. The funding also covers remediation measures such as installing and maintaining filter treatment systems, connecting affected homes to local water district networks, and supplying bottled water. DEP is directed to set eligibility requirements for this assistance by rule.

Massachusetts
Bill H.4853/S.2802 “An Act protecting our soil, farms and food from PFAS contamination” was filed in the Massachusetts House. This legislation would prohibit land application of biosolids in Massachusetts and the sale or distribution of any fertilizer, soil amendment, or similar agricultural product derived from or containing biosolids.

Michigan
The Michigan Department of Environment, Great Lakes, and Energy (EGLE) has awarded $9 million in grants to 19 municipal airports across the state to address PFAS contamination linked to the historical use of PFAS-containing firefighting foams. Airports will use the funds for activities such as PFAS testing and monitoring, developing source control and cleanup strategies for groundwater and stormwater, and cleaning or replacing contaminated firefighting equipment and gear.

Minnesota
In January 2026, manufacturers whose products contain intentionally added PFAS and are sold, offered for sale, or distributed in Minnesota became subject to new reporting and fee obligations under a rule adopted by the Minnesota Pollution Control Agency (MPCA). A second rulemaking, now underway, will set the criteria for a Currently Unavoidable Use (CUU) exemption and the process for deciding which products with intentionally added PFAS may still be sold in Minnesota after the general 2032 PFAS product ban.

Mississippi
Introduced on January 8, 2026, Mississippi Senate Bill 2022 (the “Mississippi Act to Prohibit the Contamination of Clean Soils with So-Called Forever Chemicals”) would require testing of sludge and sludge-derived compost for PFAS before land application or distribution, bar new licenses to apply or spread septage, allow the revocation of wastewater discharge and septage licenses when PFAS levels exceed set standards, broadly prohibit land application, sale, or distribution of sludge- or septage-derived fertilizers and related products (with narrow exceptions), and direct the Mississippi Air and Water Pollution Control Commission to develop a plan to phase out land application of septage, effective July 1, 2026.

Missouri
If enacted, Missouri HB 2400 would, effective January 1, 2027, prohibit the sale or distribution of several categories of products containing intentionally added PFAS, including carpets or rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstrual products, ski wax, textile furnishings, and upholstered furniture. The bill also authorizes the Missouri Department of Natural Resources to add additional product categories. As of January 1, 2033, HB2400 would prohibit the sale of any product with intentionally added PFAS unless the use is deemed “currently unavoidable.” 

New Jersey
New Jersey Senate Bill S1042, the “Protecting Against Forever Chemicals Act,” was signed into law on January 12, 2026. Beginning in January of 2028, no person may sell, offer for sale, or distribute in New Jersey any cosmetics, carpets, fabric treatments, or fiber-based food packaging that contain intentionally added PFAS. Manufacturers may sell cookware containing intentionally added PFAS only if the product carries a clear and conspicuous “This product contains PFAS” label on the physical product/packaging and in online product listings.

New York
New York’s Department of Environmental Conservation is launching a series of virtual public meetings to gather input on new rules that would require landfills to treat leachate for PFAS and other harmful contaminants before sending it to wastewater plants.

In addition, New York Senate Bill S4574B was reintroduced and seeks to require certain State Pollutant Discharge Elimination System (SPDES) permit holders—industrial facilities and publicly owned treatment works—to monitor their effluent for PFAS, report results to the state, and ensure that PFAS data are incorporated into new and renewed SPDES permits, including ongoing quarterly testing where PFAS are detected.

North Carolina
The North Carolina Department of Environmental Quality (DEQ) released the results of a preliminary study of PFAS in wastewater and biosolids. In this study, samples were collected from 37 municipal, industrial, and domestic wastewater treatment facilities. Soil samples were also collected from 19 land-application fields across the state. DEQ emphasized that this is a limited-scope study designed to generate foundational data but anticipates that the results will inform future monitoring, minimization strategies, and potential regulatory decision-making in North Carolina. At a meeting on January 8, 2026

At a meeting on January 8, 2026, the North Carolina Environmental Management Commission (EMC) voted to move draft PFAS and 1,4-dioxane “monitoring and minimization” rules into the formal public comment process. Rather than adopting any enforceable discharge limits, the rules would require certain industrial direct dischargers and significant industrial users to monitor and report discharges of PFOS, PFOA, GenX, and 1,4-dioxane and to implement minimization measures over several years.

New Mexico
The New Mexico Environment Department has released revised proposed PFAS rules ahead of a February 23, 2026, hearing. Among other changes, the proposed revisions would adjust reporting, labeling, and product prohibitions for PFAS in consumer products, including exempting FIFRA-regulated pesticides and certain FDA/USDA/EPA-regulated veterinary and medical products. 

New York
New York S9073, introduced on January 28, would prohibit the sale of textiles, rugs, fabric treatments, cookware, ski waxes, architectural paints, cleaning products, and dental floss that contain regulated PFAS, as of January 1, 2027. In the bill, regulated PFAS is defined as PFAS that are either an intentionally added chemical or present in a product or product component at or above a level, measured as total organic fluorine, that the New York Department of Environmental Conservation (DEC) sets by regulation as the lowest level that can feasibly be achieved. The department is required to review this level at least every five years to determine whether it should be lowered.

If DEC suspects a covered product being sold contains regulated PFAS, the manufacturer has 30 days either to provide independent third‑party lab test results showing the product does not contain regulated PFAS or to notify all New York sellers that the product is prohibited and report to the department whom they notified. As of 2034, the law would prohibit the sale of any product with intentionally added PFAS unless the state has formally found that PFAS use in that product is a “currently unavoidable use.”

Pennsylvania
On January 15, 2026, the Pennsylvania legislature introduced HB 2145, which seeks to prohibit the manufacture, sale, or distribution of certain consumer products containing intentionally added PFAS, including cosmetics, dental floss, juvenile products, and menstrual products, beginning January 1, 2028. This bill is essentially a reintroduction of HB 2238, which died in the Assembly when the 2023–2024 session adjourned. 

A group of Pennsylvania state legislators also announced they would be introducing a bill to ban PFAS in pesticides; however, that bill has not yet been introduced as of this writing.

Vermont
Recently proposed Vermont House Bill H.652 seeks to permanently ban the discharge of leachate, whether treated or untreated, from landfills or solid waste facilities into the Lake Memphremagog watershed. The bill also expressly prohibits sending leachate to wastewater treatment facilities if those facilities ultimately discharge to waters within the Lake Memphremagog basin. The bill does not prescribe alternative disposal or treatment options for leachate, meaning landfill and solid waste facility operators will need to evaluate other management and disposal strategies that comply with the new prohibition.

Virginia
Introduced on January 14, 2026, Virginia HB880 directs the Virginia Department of Environmental Quality (DEQ) to strengthen monitoring of PFAS in biosolids generated at sewage treatment works. The bill requires DEQ to amend its regulations so that owners of sewage treatment works must regularly sample and test biosolids for PFAS compounds, using approved analytical methods, and report the results to DEQ. It also requires DEQ to use these data to evaluate potential risks from PFAS in land-applied biosolids and to consider further regulatory or permitting changes to protect human health and the environment.

Virginia SB386, introduced on January 14, would require testing biosolids for PFAS before land application. The bill also directs the Department of Environmental Quality to incorporate PFAS monitoring into the state’s biosolids program, sets PFAS sampling and reporting obligations for generators and applicators of sewage sludge, and allows enforcement through fines when PFAS testing requirements are not met.

Wisconsin
On January 28, the Wisconsin Natural Resources Board voted to approve the Department of Natural Resources’ proposal to align state drinking water standards with EPA’s 2024 federal PFAS maximum contaminant levels. The approved rule mirrors the federal MCLs of 4 parts per trillion for PFOA and PFOS, 10 parts per trillion for PFHxS, PFNA, and GenX, and uses a hazard index of 1 for mixtures including PFBS. These NRB-approved standards are not in effect until rulemaking is completed and any legislative review is resolved.

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. 

Evergreen Rural Water Association of Washington (ERWoW) Annual Conference, Ridgefield, WA, February 10-12, 2026      

Midwest Water & Wastewater Expo, Baraboo, WI, February 10-11. Presentation: The Complexity, Challenges, and Options of Biosolids Testing for PFAS, February 10 @ 11 AM. Speaker: Nick Nigro, PFAS Product Manager, Pace®

Stay Ahead of PFAS Rules and Regulations

As PFAS legislation, guidance, and treatment technologies continue to evolve, Pace® will continue to track the developments that matter most to our clients. If you have questions about how any of the actions highlighted in this month’s update could affect your PFAS monitoring, treatment, or compliance strategy, please contact us or visit PFAS.com for additional resources, tools, and upcoming learning opportunities.

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