EPA’s 2026 Unified Agenda Includes PFAS Rulemakings

On July 3, 2026, the Office of Management and Budget (OMB) published the Trump Administration’s 2026 Unified Agenda. The U.S. Environmental Protection Agency’s (EPA) Unified Agenda includes the following rulemakings regarding per- and polyfluoroalkyl substances (PFAS):

• Clean Water Act (CWA) Effluent Limitations Guidelines and Standards for PFAS Manufacturers under the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category: EPA is revising the existing Organic Chemicals, Plastics, and Synthetic Fibers Effluent Limitations Guidelines and Standards to address PFAS discharges from facilities manufacturing PFAS. EPA intends to publish a notice of proposed rulemaking (NPRM) in July 2026 and has not determined when it will publish a final rule.
• Revisions to the Metal Finishing Effluent Guidelines to Address PFAS discharges in Chromium Electroplating Wastewater: EPA is revising the Metal Finishing Effluent Limitation Guidelines to address PFAS discharges in wastewater from chromium electroplating facilities. EPA states that it continues to review the information and data collected during the Multi-Industry PFAS Study to determine potential next steps. EPA intends to publish an NPRM in February 2027.
• PFAS Requirements in NPDES Permit Applications: EPA states that the CWA prohibits any person or entity from discharging any pollutant from a point source to a water of the United States unless the discharge is authorized, such as by a National Pollutant Discharge Elimination System (NPDES) permit. The NPDES regulations identify requirements that must be included in application forms used for different classes of discharges. EPA notes that NPDES permit applicants must report to the permitting authority only pollutants in their discharge that are listed in the application regulations. According to EPA, the list of pollutants in the NPDES application regulations has not been updated since 1987 and currently does not include PFAS. This proposed rulemaking seeks to update requirements for several of the existing NPDES permit applications to address monitoring and reporting of PFAS. EPA intends to publish an NPRM in January 2027 and a final rule in May 2027.
• Extending the Compliance Deadline for the PFAS National Primary Drinking Water Regulation (NPDWR) Rulemaking: On May 20, 2026, EPA proposed a new rule that would provide additional time for public water systems to meet the compliance deadlines for the Maximum Contaminant Levels (MCL) in the NPDWR for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). 91 Fed. Reg. 29425. EPA states that through this rule, it intends to address “the most significant compliance challenges the Agency has heard from public water systems and other stakeholders while still ensuring the long-term protection of the American people from PFAS-contaminated drinking water.” EPA intends to publish a final rule in July 2026. More information on the proposed rule is available in our May 21, 2026, memorandum.
• Rescission of Regulatory Determinations and Removal of Related Provisions for Four PFAS Substances (PFHxS, PFNA, HFPO-DA (GenX), and the Mixture of These Three PFAS Plus PFBS): On May 20, 2026, EPA proposed to rescind its regulatory determinations to regulate four PFAS: perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid and its ammonium salt (HFPO-DA, commonly known as GenX), and the mixture of these three PFAS plus perfluorobutane sulfonic acid (PFBS) under the Safe Drinking Water Act (SDWA). 91 Fed. Reg. 29413. EPA also proposed to rescind all associated regulatory provisions associated with the final PFAS NPDWR (89 Fed. Reg. 32532) exclusive to these PFAS that were promulgated pursuant to the regulatory determinations that EPA is now proposing to rescind. EPA intends to publish a final rule in September 2026. More information on the proposed rule is available in our May 21, 2026, memorandum.
• Listing of Specific PFAS as Hazardous Constituents: On February 8, 2024, EPA published a proposed rule to amend its regulation under the Resource Conservation and Recovery Act (RCRA) by adding nine specific PFAS, their salts, and their structural isomers to its list of hazardous constituents in 40 C.F.R. Part 261 Appendix VIII. If issued in final, when corrective action requirements are imposed at a RCRA treatment, storage, and disposal facility, these PFAS would be among the hazardous constituents expressly identified for consideration in assessments and, when necessary, further investigation and cleanup of these facilities. EPA states that it provided a 60-day public comment period for this proposed rule and conducted outreach activities with the public, organizations, states, tribal groups, and affected parties following publication of the proposed rule. EPA is considering public comments as it develops a final rule. EPA intends to issue a final rule in January 2027. More information on the 2024 proposed rule is available in our February 5, 2024, memorandum.
• PFAS Data Reporting and Recordkeeping under the Toxic Substances Control Act (TSCA); Revision to Regulation: EPA is considering a proposed rule to amend the TSCA regulation for reporting and recordkeeping requirements for PFAS. As promulgated in October 2023, the regulation requires manufacturers (including importers) of PFAS in any year between 2011 and 2022 to report certain data to EPA related to exposure and environmental and health effects. EPA states that it “plans to propose the incorporation of certain exemptions and other modifications to the scope of the reporting rule.” EPA intends to issue a final rule in July 2026. More information on EPA’s proposed rule is available in our November 13, 2025, memorandum.
• Addition of Certain PFAS to the Toxics Release Inventory (TRI): EPA is developing a final action to add individually listed PFAS and PFAS categories to the TRI list of toxic chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). EPA states that it is evaluating comments received on the proposed rule published on October 4, 2024, and will consider how to address PFAS compound categories and what events may trigger the automatic addition of a PFAS to the TRI. EPA intends to publish a final rule in July 2026. More information on the proposed rule is available in our October 17, 2024, memorandum.
• TRI; Clarification of Toxic Chemicals Due to Automatic Additions of PFAS under the NDAA: The National Defense Authorization Act for Fiscal Year 2020 (FY 2020 NDAA) adds certain PFAS automatically to the TRI beginning January 1 of the year following specific triggering events. EPA is making conforming edits to the TRI regulation to include explicitly PFAS that are added to the TRI chemical list automatically pursuant to the NDAA in the regulation’s definition of “toxic chemical.” According to EPA, this edit “confirms that the TRI supplier notification provision requires covered suppliers to notify customers receiving a mixture or other trade name product containing a TRI-listed chemical with the first shipment of each calendar year, with such a requirement beginning on January 1 of the applicable year; thus, supplier notifications are required as of January 1 for any NDAA-added PFAS.” EPA intends to issue a final rule in July 2026. More information on the proposed rule is available in our January 22, 2025, blog item.
• Implementing Statutory Addition of Certain PFAS to the TRI for Reporting Year 2026: FY 2020 NDAA Section 7321 provides a framework for PFAS to be added automatically to the TRI list on January 1 of the year following certain EPA actions. This regulatory action amends the EPCRA regulations to reflect this statutory addition. EPA notes that in each year since 2020, it has promulgated a conforming final rule to amend the codified TRI chemical list to reflect the automatic additions of PFAS from the previous year’s actions. EPA issued a final rule on February 27, 2026. 91 Fed. Reg. 9728.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.