PFAS Regulations Gaining Ground in 2025: What Businesses Need to Know

With concerns over PFAS (per- and polyfluoroalkyl substances) contamination on the rise, the regulatory landscape is rapidly evolving, both at the federal level and in many states. Businesses in the growing list of industries impacted by PFAS should stay on top of the latest efforts to regulate these substances.

Federal Action

In September 2024, the Biden administration proposed a rule to set effluent limitation guidelines and standards to address PFAS discharges. Then, in anticipation of the incoming Trump administration’s withdrawal of this rule, the outgoing Biden administration issued new guidance to help states address PFAS discharges into water sources.

The EPA’s new guidance outlines how states can set site-specific, technology-based effluent limits (TBELs) for PFAS in National Pollutant Discharge Elimination System (NPDES) discharge permits. These permits are required for certain dischargers under the Clean Water Act (CWA).

Building on the EPA’s December 2022 guidance, which clarified states' authority to set these limits, the new guidance provides a step-by-step process for establishing industry-specific limits. It highlights the importance of monitoring and data collection. It also introduces two new testing methods, Method 1633A and Method 1621, to help states measure PFAS discharges, though they are not yet mandatory on the federal level for CWA monitoring.

Overall, the guidance’s emphasis on early identification of facilities using or generating PFAS, along with the need for continuous monitoring, may push states toward more proactive efforts. However, it is unclear whether the Trump administration will rescind this newly issued EPA guidance.

State-Level Action Takes Center Stage

While federal action on PFAS remains uncertain, states are addressing this issue through new regulations. At least 29 states are expected to introduce new policies related to PFAS in 2025. Several of these states are focusing on reducing PFAS contamination in water systems. New regulations will set stricter drinking water standards and enhance testing and monitoring of PFAS levels in both groundwater and surface water. North Carolina is already in the process of establishing standards for three types of PFAS, with other states expected to follow suit.

Efforts to address contamination in biosolids, treated sewage sludge, are also gaining momentum. Hawaii, Indiana and Oklahoma are among the states exploring measures to test, label and support farmers affected by PFAS-tainted biosolids. These measures aim to protect agriculture by preventing further PFAS from entering the food chain.

California, New York and Michigan have proposed regulations aimed at phasing out PFAS in consumer products, imposing reporting requirements, and addressing harmful chemical exposures in firefighting foam and personal protective equipment (PPE) used by first responders. This state-level leadership has garnered significant bipartisan support.

In addition, state attorneys general are ramping up legal actions against PFAS manufacturers. Over 30 state attorneys general have filed lawsuits against companies they claim are responsible for widespread PFAS contamination. This legal push is expected to continue to intensify in 2025.

The Road Ahead

For businesses that use PFAS in their operations or whose property is impacted by PFAS contamination, it is critical to stay informed about developments in state and federal regulations. With states like Minnesota, Maine and Colorado already setting precedent by restricting PFAS in certain products, companies in affected industries must anticipate changes to product ingredients, waste management practices and water discharge policies.

Businesses should also be aware of potential legal risks. As PFAS litigation continues to evolve, a wider range of companies may face scrutiny, including lawsuits and enforcement actions related to contamination or failure to comply with new regulations.

As states roll out new policies in 2025, businesses must be ready to adapt to changes in product regulations, water quality standards and legal frameworks. By staying proactive and informed and working with legal counsel, companies can navigate the complexities of PFAS regulations and safeguard their operations against future compliance and litigation risks.

Please contact Blake Donewar or any member of the Phelps environmental team if you have questions or need advice or guidance.