EPA Moves to revise TSCA PFAS reporting rule

On 3 September 2025, the US Environmental Protection Agency (EPA) submitted a proposed revision of its Toxic Substances Control Act (TSCA) PFAS reporting rule for interagency review, just before the federal government shutdown.

The 2023 PFAS reporting rule currently mandates a one-time submission from companies that manufactured, imported, or used more than 1,000 PFAS between 2011 and 2022. However, industry stakeholders have pushed for changes, and the revised proposal is expected to address those concerns.

According to a former EPA official, the new proposal may incorporate carveouts sought by a coalition of chemical companies. These could include exemptions for:

• PFAS imported in articles;
• PFAS manufactured as byproducts or impurities at de minimis levels; and
• PFAS used solely for research and development (R&D).

CPSC expected to withdraw proposed lithium-ion battery safety rule

The US Consumer Product Safety Commission (CPSC) was poised in August 2025 to withdraw its proposed safety standard for lithium-ion batteries in micromobility products before the rule was published in the Federal Register.

The proposed standard aimed to mitigate hazards such as fires, explosions, burns, overheating, and toxic gas releases, referencing the following safety frameworks:

• ANSI/CAN/UL 2849:2020 – Safety for Electrical Systems for eBikes
• ANSI/CAN/UL 2272:2024 – Safety for Electrical Systems for Personal E-Mobility Devices
• ANSI/CAN/UL/ULC 2271:2023 – Safety for Batteries for Light Electric Vehicle Applications

If withdrawn, this move would delay uniform national standards amid growing fire incidents associated with e-mobility battery failures.

DOE launches major deregulatory initiative

On 12 May 2025, the US Department of Energy (DOE) announced what it described as “the largest deregulatory effort in its history,” proposing to eliminate or reduce 47 energy and water efficiency regulations.

The targeted standards – enacted under the Energy Policy and Conservation Act (EPCA) – cover a wide range of consumer and commercial appliances, including:
Air cleaners, dehumidifiers, fans, faucets, microwaves, commercial washers, ovens, dishwashers, compressors, and portable air conditioners, among others.

This move signals a significant policy shift, potentially impacting efficiency targets and product design compliance obligations across the appliance sector.

First criminal sentencing under CPSA for failure to report defects

In a landmark case, two executives from Gree USA Inc. were sentenced to federal prison for failing to report information about defective dehumidifiers that posed a fire risk, marking the first criminal enforcement action against company officials under the Consumer Product Safety Act (CPSA).

• Simon Chu, part owner and Chief Administrative Officer – 38 months in prison and a $5,000 fine
• Charley Loh, part owner and CEO – 40 months in prison and a $12,000 fine

The court found that Chu and Loh continued to sell hazardous dehumidifiers for six months after receiving reports of fires, violating the CPSA’s requirement that companies “immediately” report known defects or unreasonable risks.

Maine grants first PFAS “Currently Unavoidable Use” (CUU) exemptions

On 2 October 2025, the Maine Board of Environmental Protection (BEP) approved the first two CUU exemptions under the state’s pioneering PFAS product restrictions.

The exemptions allow PFAS use in:

• Internal cartridge valves; and
• Vented cap liners in cleaning product containers.

These exemptions, effective until 2031, permit continued use of PFAS components otherwise banned from cleaning products and eight other product categories starting in January. Maine’s law will prohibit the intentional addition of PFAS in nearly all goods by 2032, unless exempted for CUU reasons.

Connecticut enacts Battery Extended Producer Responsibility (EPR) Program

On 10 June 2025, Connecticut Governor Ned Lamont signed Public Act No. 25-34 (HB 5019), establishing an EPR program for portable and medium-format batteries.

Key milestones include:

• 1 January 2027 – Producers must join an approved battery stewardship organization.
• 1 July 2028 – Retailers may sell batteries only from participating producers.
• 1 January 2030 – Batteries must carry labels identifying their chemistry and indicating that they should not be disposed of as household waste.

Performance goals include collection rate targets and recycling efficiency rates of at least 60% for rechargeable and 70% for primary batteries.

Washington State advances battery stewardship rulemaking

On 23 July 2025, the Washington Department of Ecology opened a public consultation for rules implementing the state’s Battery Stewardship Program, enacted in 2023.

The program covers a broad range of battery types and chemistries, from button cells and AA/AAA batteries to rechargeable lithium-ion units in tools and electronics. The 45-day comment period runs until 10 September 2025.

The proposed rules aim to expand collection, recycling, and producer accountability, following models used for electronics and paint EPR programs.

Washington enacts Right-to-Repair Act

Washington State also enacted the Right to Repair Act on 20 May 2025, granting consumers access to tools, parts, and repair information for digital electronic products.

The law covers items containing microprocessors and typically used for personal or household purposes, sold or used in the state more than 180 days after manufacture. It also bans “parts pairing”, a practice that prevents non-OEM parts from functioning properly, aligning with Oregon’s similar legislation.

Conclusion

The recent wave of US federal and state-level activity highlights a shifting balance between regulatory tightening – especially on PFAS and product stewardship – and deregulatory efforts focused on energy efficiency and product safety standards. Businesses should continue to monitor EPA, DOE, and state agency actions closely to maintain compliance as the landscape evolves into 2026.