Are PFAS regulated? Yes, PFAS are regulated at the federal level, although requirements vary depending on the specific PFAS, environmental medium, and regulatory program.
Federal PFAS regulations currently address areas including drinking water, hazardous substance liability under CERCLA, and chemical reporting. Businesses in Florida may also need to consider state requirements when evaluating PFAS contamination and compliance obligations.
The U.S. Environmental Protection Agency (EPA) has been focusing intensively on regulating per- and poly-fluoroalkyl substances (PFAS), given mounting evidence of their potential health risks and persistence in the environment.
Often referred to as “forever chemicals,” PFAS compounds, such as perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), are used in many industrial applications and consumer products. They earn this nickname because their strong carbon-fluorine bonds make them highly resistant to natural degradation, allowing them to persist in the environment and the human body for years.
As PFAS regulations continue to evolve, businesses need to understand which requirements are currently in effect and how they may affect environmental compliance, liability, and contaminated properties.
How Are PFAS Regulated in 2026?
PFAS regulations have continued to evolve since the EPA established the first federal drinking water standards for certain PFAS in 2024. Currently, enforceable federal drinking water limits remain in place for PFOA and PFOS at 4 parts per trillion (ppt). In May 2026, the EPA proposed extending the compliance deadline for those standards to 2031.
The EPA has also proposed rescinding the federal drinking water standards established for PFHxS, PFNA, HFPO-DA (GenX chemicals), and the Hazard Index mixture that includes those PFAS and PFBS. Because these changes are still proposed, businesses and public water systems should continue to monitor regulatory developments and determine which current requirements apply to their operations.
PFAS regulation also extends beyond drinking water. PFOA and PFOS are designated as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which can affect investigation, cleanup, reporting, and liability considerations at contaminated properties.
Additional federal requirements continue to develop as well. For example, the EPA finalized a rule in February 2026 adding sodium perfluorohexanesulfonate (PFHxS-Na) to the Toxics Release Inventory (TRI), requiring covered facilities to begin tracking qualifying uses and releases during the 2026 reporting year.
What Do CERCLA PFAS Regulations Mean for Businesses?
The EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA has increased the importance of evaluating potential PFAS contamination and liability. The designation gives the EPA additional authority to address releases and pursue responsible parties for cleanup costs when appropriate.
For businesses and property owners, key considerations may include:
- Environmental due diligence: Historical PFAS use may become an important consideration during property transactions and site assessments.
- Potential liability: Businesses that significantly contributed to PFOA or PFOS contamination may face investigation or cleanup costs.
- Release reporting: Releases of PFOA or PFOS at or above the reportable quantity of one pound within a 24-hour period must be reported.
- Site-specific response: The presence of PFOA or PFOS does not automatically trigger investigation or cleanup. EPA makes CERCLA response decisions on a site-by-site basis.
What Should Businesses Do About PFAS Regulations?
PFAS compliance needs vary based on a business’s operations, property history, potential sources of contamination, and applicable regulations. If PFAS may be a concern, businesses should evaluate both potential contamination and their regulatory obligations before determining the appropriate response.
Depending on the property or facility, next steps may include:
- Assess potential PFAS sources: Review current and historical operations to identify activities that may have involved PFAS.
- Investigate suspected contamination: Environmental site assessments and targeted soil or groundwater sampling can help determine whether PFAS are present and evaluate their extent.
- Evaluate remediation needs: If contamination is confirmed, an environmental consultant can help determine appropriate containment or remediation strategies based on site conditions.
- Monitor regulatory requirements: PFAS regulations continue to evolve, making ongoing regulatory review an important part of managing compliance and potential liability.
Working with an experienced environmental consultant can help businesses determine which steps are appropriate for their specific site rather than taking a one-size-fits-all approach.
How Is Florida Addressing PFAS Regulations?
Florida continues to develop its approach to PFAS regulation alongside federal requirements. If the EPA has not finalized standards for PFAS in drinking water, groundwater, and soil by January 1, 2027, Florida law directs FDEP to develop statewide cleanup target levels, prioritizing PFOA and PFOS.
Florida has also established new requirements for PFAS-containing firefighting foam (AFFF). As of July 1, 2026, AFFF cannot be used for nonemergency training or testing, and entities possessing it have new FDEP reporting requirements.
Businesses with potential PFAS concerns should continue monitoring both federal and Florida requirements as regulations evolve.
Frequently Asked Questions About PFAS Regulations
Are PFAS regulated at the federal level?
Yes. Federal PFAS regulations currently address several areas, including drinking water, hazardous substance liability, and chemical reporting. PFOA and PFOS are subject to federal drinking water standards and are designated as hazardous substances under CERCLA.
Do PFAS regulations apply to all businesses?
No. A business’s obligations depend on factors such as its industry, operations, PFAS use, potential releases, property history, and applicable federal or state regulations. Facilities that manufacture, process, use, store, or historically handled PFAS-containing materials may face additional compliance considerations.
Can PFAS affect a commercial real estate transaction?
Yes. Potential PFAS contamination can be an important environmental due diligence consideration, particularly for properties with a history of industrial activity or other uses associated with PFAS. Site assessment may help buyers, sellers, and developers evaluate potential environmental risks before a transaction.
What should a business do if PFAS contamination is suspected?
An environmental consultant can help evaluate the site’s history and potential PFAS sources and determine whether additional investigation or sampling is appropriate. If contamination is confirmed, the findings can help guide regulatory compliance and potential remediation decisions.
How Environmental Consultants Support PFAS Compliance
As PFAS regulations continue to evolve, determining which requirements apply to a specific facility or property can be challenging. Environmental consultants can help businesses evaluate potential PFAS concerns, understand regulatory requirements, and determine when additional investigation or remediation may be appropriate.
Depending on the site, support may include:
- Reviewing property history and potential PFAS sources
- Conducting Phase I and Phase II Environmental Site Assessments
- Coordinating soil and groundwater sampling
- Evaluating PFAS testing results
- Developing remediation strategies when contamination is identified
- Assisting with environmental permitting and regulatory compliance
Working with an environmental consultant can help businesses make informed decisions based on site-specific conditions and current regulatory requirements.
Stay Ahead of Changing PFAS Regulations
PFAS regulations continue to evolve at both the federal and state levels, making it important for businesses to understand how current requirements may affect their properties and operations.
Creative Environmental Solutions (CES) helps businesses throughout Florida evaluate PFAS concerns, navigate environmental compliance requirements, and develop practical strategies for site assessment and remediation.
Contact us today to discuss your PFAS compliance or environmental assessment needs.
