The Nickel Report

On February 6, 2026, the US Environmental Protection Agency issued a press release highlighting significant actions addressing per- and polyfluoroalkyl substances (PFAS) taken during the first year of the new administration and signaling continued expansion of efforts affecting regulated entities. The announcement reiterates EPA’s continued commitment to making PFAS a top priority across its programs. The release also summarizes EPA’s PFAS testing approach and methods for identifying and measuring PFAS in various environmental media, the results of which will guide the agency’s future actions. Overall, EPA expects to expand research and testing, increase community engagement, and strengthen enforcement actions to address PFAS contamination.

2025 PFAS Accomplishments

EPA’s announcement indicates that since January 2025 it has taken a broad range of actions to address PFAS, including:

• Detection and Support Initiatives: As part of its efforts to address PFAS contamination under the Safe Drinking Water Act (SDWA), EPA launched the “PFAS OUTreach Initiative” (PFAS OUT) to connect with every public water system that needs system upgrades to address PFAS, including those finding PFOA and PFOS in their water. That initiative is aimed at addressing the most significant compliance challenges while supporting actions to protect the American people from certain PFAS in drinking water.   
• Scientific Advancement: EPA developed methods to detect 40 PFAS compounds across multiple environmental media—wastewater, surface water, groundwater, soil, and even fish tissue—expanding the agency’s ability to identify and address contamination.
• Regulatory Updates: The agency proposed changes to PFAS reporting under the Toxic Substances Control Act (TSCA), aiming to streamline requirements while preserving access to critical safety data. EPA also continues to defend the prior administration’s final rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), reinforcing liability authorities for cleanup.
• Drinking Water Standards: The agency announced it would revise compliance dates to ensure successful implementation of the National Primary Drinking Water Regulations (NPDWR) for PFOA and PFOS. According to the Spring 2025 Unified Agenda, EPA anticipates a final rule in spring 2026.
• Enforcement and Cleanup: EPA has used emergency authorities to initiate cleanups at contaminated sites and has finalized consent orders for PFAS removal at locations such as Brunswick Executive Airport in Maine. Targeted interventions have included installing treatment systems and sampling wells and providing bottled water to affected residents in multiple states.
• Research and Technology: The agency committed to annual updates of the PFAS Destruction and Disposal Guidance, ensuring timely adoption of new scientific findings and treatment technologies.

New “Coordinating Group”

EPA plans to continue expanding testing programs, advancing new treatment technologies, increasing community outreach, and strengthening enforcement actions to work with local municipalities and the private sector to pursue practical solutions. To support these efforts, EPA is establishing a “coordinating group” composed of senior technical and policy leaders from across EPA program offices and Regions and supported by leadership from the Office of the Administrator and the Office of Water. According to the release, this coordinating group will support agency actions to:

• Regulate new and existing chemicals under TSCA, requiring companies to provide safety data and limiting harmful uses.
• Set protective drinking water standards under the Safe Drinking Water Act and monitor water supplies nationwide.
• Clean up contaminated sites under Superfund and other environmental laws when contamination exceeds safe levels.
• Control air and water pollution from industrial sources under the Clean Air Act and Clean Water Act.
• Advance cutting-edge research to understand the thousands of PFAS compounds and develop new treatment technologies.

Takeaways

EPA’s announcement signals continued expansion of federal activity addressing PFAS. Although certain regulatory approaches may be refined or streamlined, EPA’s overall direction points toward sustained agency engagement, broader data collection, heighted regulatory scrutiny, and increased enforcement risk. Accordingly, regulated entities must keep apprised of developments in this space and be aware of their evolving compliance obligations under applicable environmental laws. Sound, proactive environmental management, including internal compliance program audits, systems updates, facility monitoring, proper recordkeeping, and effective communications strategies can help mitigate PFAS risks. Companies should connect with counsel early when engaging with EPA or other stakeholders concerning PFAS.