The PFAS & Plastics Legal Review is BakerHostetler’s weekly newsletter providing updates to industry stakeholders on all issues relating to emerging contaminants, chemicals issues, and supply chain readiness. BakerHostetler’s team is here to provide your business with guidance on long-term business strategies, investments, compliance, partnerships, and litigation risk analysis. When necessary, our cross-team of litigation and enforcement attorneys are ready to interface with regulators or take a case through to trial. We are here to assist you. If you require any additional information on the below updates, don’t hesitate to reach out.
PFAS
EPA Expected to Further Delay TSCA Section 8(a)(7) PFAS Reporting Rule
The current reporting schedule under the TSCA Section 8(a)(7) Reporting Rule is set to begin on April 13th. Given the rapidly approaching date, EPA is expected to further delay the reporting requirement. In a November, EPA proposed to exempt from reporting PFAS manufactured in mixtures, with de minimis concentrations, imported articles, PFAs used for R&D, and other special uses. Public comment for that proposed rule ended December 29, 2025.
States Set to Seek Primacy from EPA to Implement SDWA PFAS Rule
April 27th is the deadline for states to seek primacy from EPA to implement the SDWA PFAS rule. At present, there are seven states expected to seek primacy from EPA: Connecticut, Idaho, Illinois, Maryland, North Carolina, Vermont, and Washington. Wisconsin adopted EPA's rules in early March.
Forever Chemical Regulation and Accountability Act Reintroduced in Congress to Regulate Use of PFAS in Supply Chains
On March 19, 2026, Representative Betty McCollum (D-MN) and Senator Dick Durbin (D-IL), reintroduced the Forever Chemical Regulation and Accountability Act (H.R. 8016 and S.4153) to regulate and mitigate PFAS in the domestic supply chain. Notably, the legislation would require all PFAS manufacturers and users to file reports with EPA to disclose certain information relating to PFAS and require manufacturers and users to submit a phase-out schedule of their products to be completed within 10 years. The legislation has been referred to its respective subcommittees.
New Mexico Adopts PFAS in Consumer Products Rule
On March 23, 2026, the New Mexico Environmental Improvement Board adopted a PFAS in consumer products rule. New Mexico joins Maine and Minnesota with regulations that phase out PFAS unless the use of chemicals is essential. The deadline to phaseout PFAS intentionally added to cookware, food packaging, dental floss, juvenile products, and firefighting foam is January 1, 2027. Other products made with intentionally-added PFAS must be adequately labeled by that same date.
Microplastics
EPA Submits CCL 6, paving way to Target PFAS and Microplastics in Upcoming UCMR 6
On April 2, 2026, EPA published its draft Sixth Contaminant Candidate List. The draft list includes 75 chemicals, 9 microbes, and 4 chemical groups, which include microplastics, PFAS, disinfection byproducts, and pharmaceuticals. Comments on the draft list will be due 60 days after publication in the Federal Register. The inclusion of microplastics, PFAS, and pharmaceuticals as chemical groups in the CCL 6 paves the way for inclusion by EPA in its upcoming UCMR 6. Contaminants subject to UCMR 6 would be monitored during the UCMR 6 period covering 2027-2031.
Producer Responsibility & Recycling
California "Truth in Labeling" Law Faces Litigation
The Flexible Packaging Association and the American Forest & Paper Association have filed for a preliminary injunction to block enforcement of SB 343, California's "truth in labeling" law, which would go into effect in October. The law would prohibit the use of chasing arrows or other recyclability symbols on products and packaging unless specific criteria are met. The complaint alleges that California's law violates the First Amendment and the Due Process Clause of the Fourteenth Amendment.
CalRecycle Prepares for Implementation of EPR Program
On March 20, 2026, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) held an Advisory Board Meeting. They completed their review of public comments on the latest draft of EPR regulations and submitted revisions to the California Office of Administrative Law, which has until May 1, 2026 to complete its review. Once the review is complete, covered producers will have 30 days to submit their data to CAA. The next Advisory Board Meeting is scheduled for April 17, 2026.
Toxic Substance Control Act
EPA Proposes Extending Reporting Deadline for TSCA 8(d) Reporting
On March 30, 2026, EPA proposed extending the reporting deadline for the Health and Safety Data Reporting rule under TSCA by one year to May 21, 2027. The rule, which was finalized under the Biden Administration, would require manufacturers (including importers) of 16 specific chemical substances (including BPA, vinyl chloride, and hydrogen fluoride) to submit copies and lists of unpublished health and safety studies to EPA. EPA has allowed for the delay while the Agency reconsiders the underlying rule.
California
California Office of Environmental Health Hazard Assessment Finds No Significant Risk from Recycled Tires Used as Crumb Rubber in Synthetic Turf
The California Office of Environmental Health Hazard Assessment (OEHHA) released a study showing that recycled tires used as crumb rubber in synthetic turf are not likely to harm users or spectators. The study showed there is no evidence of significant risk for cancer or other health problems from the recycled rubber to players, coaches, referees or spectators. The study can be viewed at the link below.
CARB Moves Forward with Corporate Climate Data Accountability Act
On March 23, 2026, CARB held a public workshop on implementing its Corporate Climate Data Accountability Act (SB 253), which focused on future rulemakings to include Scope 3 emissions, set to begin in 2027. Reporting under SB 253 for Scope 1 and Scope 2 emissions will begin this summer, with covered entities required to submit initial disclosures by August 10, 2026.
