The Nickel Report

Chemical manufacturers, product makers, and product retailers are gearing up for new state-level restrictions on products sold in stores and online that contain per- and-polyfluoroalkyl substances (PFAS). A total of 18 states have PFAS product restrictions ranging from bans to reporting to labeling requirements. The laws target primarily food packaging, cosmetics, cookware, and textiles, but some states have expansive laws that include all types of products. Each year for the past four years, approximately 200 PFAS-related bills are introduced in state legislatures, and we expect this trend to continue, potentially adding to the growing patchwork of PFAS restrictions.

On November 10, 2025, the US Environmental Protection Agency (EPA) issued a pre-publication copy of its proposed rule to significantly reduce the scope of PFAS reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). Significantly, EPA’s proposal would exempt imported articles from reporting. Once the proposed rule is published in the Federal Register, it will be subject to a 45-day comment period.

EPA’s plans to investigate – and eventually establish limits on and liability for – PFAS in wastewater discharges and biosolids crossed a significant milestone on January 31, 2024, with the completion of two new analytical methods to detect these ubiquitous contaminants. The most significant of the two is Method 1633, which provides a standardized quantitative method for laboratories to detect 40 different PFAS compounds, at very low levels, in wastewater, surface water, groundwater, soil, biosolids, sediment, landfill leachate, and fish tissue. Method 1621 is a low-cost screening method for the presence of fluorine-containing organic compounds, which could lead to use of the more sensitive Method 1633 to further characterize any PFAS in the sample. EPA’s public statements provide no timeline for seeking approval of these methods for PFAS monitoring of wastewater discharges as part of 40 C.F.R. Part 136, but a Method Update Rule is likely to be proposed before the end of the year.

EPA has big plans for the PFAS data that these two new methods will generate.