Just before the holidays in 2025, a group of seven bipartisan House lawmakers introduced legislation seeking to compel the EPA to take action with respect to PFAS air emissions. Known as the PROTECT Act (Prevent Release of Toxics Emissions, Contamination and Transfer), the legislation would direct the EPA to issue a final rule adding all PFAS (defined as the class of chemicals with at least one fully fluorinated carbon atom) to the Clean Air Act as “hazardous pollutants” within 180 days of the legislation being enacted.

During the Biden administration, we previously wrote regarding EPA’s own efforts to begin to examine issues surrounding PFAS in air emissions; however, the efforts at the time were largely centered on establishing reliable testing methodologies for PFAS detection in air. As we detailed previously, in 2023, the EPA took a more formal step to try to advance PFAS air emissions data collection from manufacturing facilities when it issued its proposed updates to the Air Emissions Reporting Rule (AERR); however, the AERR updates never made it past the public comment phase of the administrative process.

The latest legislation focused on PFAS air emissions is nothing new, as officials also introduced a somewhat similar bill in 2022, which was never enacted. Even if the PROTECT Act were to pass (which is unlikely to happen soon), it is likely that the Act would face legal challenges similar to the challenges put forth to the EPA’s final rules with respect to PFAS under the Safe Drinking Water Act and CERCLA. The PROTECT Act would quite arguably have an even greater barrier to surviving those legal challenges, as the science surrounding PFAS air emissions is in its infancy, at least compared to other mediums such as water or biosolids.

Nevertheless, for companies looking to take a forward-looking approach to PFAS issues on the horizon, the PROTECT Act provides an example of an issue that may not gain much traction under the current administration, but very well could under future administrations or at the state level. Thus, a proactive approach to understanding these issues is, as always, the best approach.

CMBG3 Law is following judicial, legislative, administrative, and scientific developments relating to PFAS. More information about the services we can provide, including risk assessments, to ensure your business is ready for any intersection with these substances can be found on our PFAS Litigation page.

Our attorneys have been at the forefront of PFAS issues, including giving presentations as to the future waves of litigation stemming from PFAS issues. For more information, please contact the Chair of our PFAS Team: John Gardella.