Maryland Attorney General Joins 14 States in Opposing EPA’s Rollbacks of PFAS Reporting Rules

Maryland Attorney General Anthony G. Brown has joined a coalition of 15 state attorneys general in formally opposing proposed changes by the Trump administration that would significantly weaken requirements for companies to report data on per- and polyfluoroalkyl substances (PFAS), often referred to as “forever chemicals.” This opposition, detailed in a comment letter sent to the U.S. Environmental Protection Agency (EPA), challenges recent proposals to exempt a vast majority of entities from providing crucial information about their use and handling of these pervasive chemicals.

The attorneys general are pushing back against proposed rollbacks to reporting requirements initially mandated by Congress in 2019 through the Toxic Substances Control Act (TSCA). These requirements, which the EPA finalized in October 2023, compel manufacturers and importers of PFAS to disclose vital details about the chemicals present in their products. This data includes the specific types and quantities of PFAS used, information concerning worker exposure, and methods of disposal. The existing rule is slated to begin requiring these disclosures in 2026.

PFAS are a broad category of thousands of synthetic chemicals that have been incorporated into a wide array of consumer goods since the 1940s. Their applications span everyday items such as clothing, non-stick cookware, food packaging, and upholstery, as well as industrial uses. Despite their widespread presence, concerns have mounted over decades regarding the toxicity of certain PFAS and their persistent nature in the environment. Regulators are still working to fully understand the extent of these chemicals’ distribution and their long-term health and environmental impacts. The PFAS reporting rule is seen as an essential mechanism for gathering the necessary information to inform future regulatory actions.

The Trump administration’s proposal, if enacted, would create six new exemptions that were previously considered and rejected by the EPA. These exemptions would effectively shield over 98 percent of entities that possess relevant data on PFAS from their reporting obligations. This move is particularly concerning given the growing body of scientific evidence highlighting the detrimental effects of PFAS.

Research increasingly indicates that PFAS chemicals are toxic and can remain in the environment indefinitely. They possess the ability to migrate through environmental pathways, including into drinking water sources, and can accumulate in fish and wildlife, thereby amplifying their harmful effects. Studies suggest that a significant portion of the American population has been exposed to PFAS, with detectable levels found in the blood of most individuals. The EPA itself has acknowledged that numerous PFAS are linked to severe health outcomes, including an increased risk of certain cancers and adverse effects on fetal development.

The attorneys general argue that Congress recognized the critical need for industry transparency regarding PFAS use when it directed the EPA to establish these reporting obligations under TSCA. This information is considered vital for states, the federal government, and the public to adequately assess and address the risks associated with these chemicals. Attorney General Brown had previously supported the rule as it was ultimately adopted by the EPA in 2023. Now, with the deadline for data submission approaching and just two years after the rule’s finalization, the proposed gutting of these requirements by the EPA is viewed as a significant setback. In their letter, the coalition urges the EPA to maintain the integrity of the rule and to commence the collection of PFAS data without further delay.

The attorneys general of California, Connecticut, Hawaiʻi, Illinois, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Washington, and Wisconsin joined Maryland Attorney General Brown in submitting the comment letter to the EPA.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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