PFAS Advocacy Continues

At the end of 2025, VMA submitted comments to EPA supporting many of the key provisions in a new proposed rule relating to PFAS reporting requirements. For background, in November of 2025, the U.S. Environmental Protection Agency (“EPA”) proposed revisions to the PFAS reporting and recordkeeping requirements under TSCA §8(a)(7). These proposed revisions included a variety of changes to the final rule promulgated on October 11, 2023. Most notable to our industry were changes that eliminate the need of reporting for importers of articles containing PFAS. Specifically, VMA’s comments supported the exemption for PFAS in imported articles and adoption of a de minimis threshold in mixtures or products, which if adopted in the rule, would mean many of our members would not have to report to EPA.

Other comments made by VMA include asking that the submission period should be set to start six months after the effective date of the last revisions to the rule or at least maintained at the current deadline of October 13, 2026 (as opposed to the 3-month date in the proposed rule). VMA also asked that fluoropolymers be excluded from the scope of PFAS subject to reporting.

VMA also asked that fluoropolymers be excluded from the scope of PFAS subject to reporting.

Last week, VMA joined a coalition letter to the Governor of New Mexico outlining the inconsistency of the proposed PFAS labeling legislation with already adopted regulations. For example, fluoropolymers used in our industry are exempted from reporting and CUU designations in New Mexico, but the new proposed legislation calls for those products containing all PFAS to have labels indicating that they contain PFAS. We called for fluoropolymers to also be exempted from the proposed labeling requirements. VMA plans to also submit formal comments on the proposed rule this spring.