Don’t Be Fooled by the Rollbacks: EPA’s PFAS Enforcement Agenda Is Moving Forward

As the Trump Administration works to roll back environmental regulations across the board, many EHS professionals have understandably been watching for signs PFAS regulation might follow the same trajectory. The picture which has emerged, however, is more complicated, and in some respects more restrictive. On two of the most consequential PFAS regulatory fronts, EPA is not retreating. On the contrary, the Agency is pressing forward.

In April 2024, the Biden EPA finalized a rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under CERCLA. The rule became effective in July 2024. When the Trump Administration took office, the rule’s fate was immediately uncertain. Several industry groups, led by the U.S. Chamber of Commerce, had already challenged it in the D.C. Circuit, and the Court initially held the case in abeyance while the new EPA leadership conducted its review. On September 17, 2025, EPA announced it would continue to defend the designations, with the stated intention of holding polluters accountable for cleanup costs. The litigation is moving again, with a D.C. Circuit decision possible later this year.

The practical consequences of this designation are widespread for industrial facilities. The rulemaking alters Phase I Environmental Site Assessment requirements, impacts Potentially Responsible Party determinations, enables site reopeners or modifications at previously closed sites, imposes release reporting obligations, and subjects PFOA and PFOS to the Hazardous Materials Transportation Act.

Release reporting obligations associated with PFOA and PFOS are of particular importance. Any entity who releases one pound or more of PFOA or PFOS, or their salts or structural isomers, into the environment in a 24-hour period must report such release under CERCLA Section 103 and EPCRA Section 304. For facilities who handle, generate, process, or dispose materials containing PFOA or PFOS, this is an immediate compliance requirement, not a future one.

Since EPA has confirmed its continued support for the PFOA and PFOS hazardous substance designations, parties may expect an increase in cost recovery and contribution litigation under CERCLA by both government and private parties. At certain open Superfund sites, EPA is moving forward with requests for additional sampling for PFAS compounds, even where PFAS was not known to be present.

In addition to PFAS regulation under CERCLA, EPA has stated it intends to finalize a rule designating nine specific PFAS compounds, and their salts and structural isomers, to the list of RCRA hazardous constituents in April 2026. The nine compounds are: PFOA, PFOS, PFBS, HFPO-DA (also known as GenX), PFNA, PFHxS, PFDA, PFHxA, and PFBA. Entities potentially affected include hazardous waste treatment, storage, and disposal facilities (TSDFs) with solid waste management units that have released or could release any of the nine PFAS proposed to be listed. EPA has identified approximately 1,740 such facilities, which could be subject to additional corrective action requirements.

The overarching message is PFAS regulation under the Trump Administration is not a uniform rollback. In highly consequential areas, particularly Superfund liability and RCRA corrective action, the regulatory framework is tightening, not loosening.