| With 2025 in the rearview mirror and the New Year underway, major policy decisions affecting manufacturing and the surface finishing industry remain pending in Washington. Most members of Congress want to avoid another government shutdown at the end of January and are working to negotiate on unfinished spending bills for the current fiscal year. Still, Republicans and Democrats disagree on a host of other issues, and narrow margins in the House will complicate the path forward for broader legislative action.
As midterm elections loom this November and the congressional calendar is shortened, legislative productivity on Capitol Hill has fallen to historic lows at this point, with 40 bills enacted last year. At the Supreme Court, a decision on the legality of the President’s emergency tariffs is expected shortly, putting more than $200 billion in tariff revenue generated last year at stake.
In the executive branch, while historic deregulation and a reshaping of the federal bureaucracy remain top White House priorities, leadership at EPA, OSHA, and other agencies will continue to pursue major regulatory initiatives with implications for U.S. industry.
NASF is engaged across the board on a wide range of matters affecting the industry, including metals and supply chain discussions, materials uses and restrictions pending in the U.S. and globally, a nationwide PFAS decision for metal finishing in 2026 and larger PFAS litigation that touches downstream industrial users, including plating and finishing operations.
See more on recent and emerging developments as we kick off the New Year. A headline summary and expanded updates are below…
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Latest Small Business, GDP Data – As the New Year Begins, U.S. Chamber Small Business Index Points to Slight Softening Despite Solid Recent GDP Growth – As the first week of January gets underway, recently released survey data reinforce what many small businesses and manufacturers are reporting as they plan for the months ahead. The MetLife & U.S. Chamber of Commerce Small Business Index (SBI), published in mid-December, registered 68.4 for the fourth quarter, down from 72.0 in the prior quarter and broadly in line with year-ago levels.
Deregulation – EPA Enforcement Office Announcement Highlights Focus This Year on “Compliance First” Approach – EPA’s Office of Enforcement and Compliance Assurance (OECA) just issued a December 5 memo that focuses on a “compliance first” approach to environmental enforcement actions. The memo emphasizes prioritizing environmental compliance across all types of enforcement activities using what EPA describes as the most efficient and defensible means available, while aligning enforcement actions with the Trump administration’s executive orders and priorities.
Legislation – New PFAS Liability Legislation Introduced in House and Senate – New PFAS-related liability legislation was re-introduced in Congress in mid-December that would amend the Toxic Substances Control Act (TSCA) to establish a federal cause of action and authorize medical monitoring for individuals significantly exposed to per- and polyfluoroalkyl substances (PFAS), with claims directed at parties involved in PFAS manufacturing.
European Commission is Seeking Input on Workplace Exposure Limits for Chromium and Other Key Substances – The European Commission in December a consultation on occupational exposure to certain chromium compounds and six other substances as part of its ongoing review of workplace health and safety rules under the Carcinogens, Mutagens and Reprotoxic Substances Directive (CMRD).
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As the New Year Begins, U.S. Chamber Small Business Index Points to Slight Softening Despite Solid Recent GDP Growth
As the first week of January gets underway, recently released survey data reinforce what many small businesses and manufacturers are reporting as they plan for the months ahead. The MetLife & U.S. Chamber of Commerce Small Business Index (SBI), published in mid-December, registered 68.4 for the fourth quarter, down from 72.0 in the prior quarter and broadly in line with year-ago levels. While most underlying measures did not show sharp declines, the survey shows some softening in areas such as comfort with cash flow and plans for future hiring and investment.
The most significant challenge facing small business owners is inflation, followed by workforce pressures. Fewer respondents report being very comfortable with current cash flow, and assessments of local economic conditions declined slightly, with 43% saying their local economy is in good health. Concerns related to employee retention and attracting qualified workers increased compared to late 2024, underscoring ongoing labor constraints.
These conditions persist even as the most recent official GDP data, released by the U.S. Bureau of Economic Analysis in late December, showed strong economic growth in the third quarter of 2025. Other industry-specific indicators also point to a moderation in activity. For many manufacturers and finishers, the data underscore a familiar reality heading into the new year: headline economic growth has not fully alleviated cost, labor, and operating challenges on the ground.
For more information, please contact Jeff Hannapel (jhannapel@thepolicygroup.com) or Christian Richter (crichter@thepolicygroup.com) with NASF.
EPA Enforcement Office Will Focus on New “Compliance First” Approach in 2026
EPA’s Office of Enforcement and Compliance Assurance (OECA) just issued a December 5 memo that focuses on a “compliance first” approach to environmental enforcement actions.
The memo emphasizes prioritizing environmental compliance across all types of enforcement activities using what EPA describes as the most efficient and defensible means available, while aligning enforcement actions with the Trump administration’s executive orders and priorities.
The agency says it intends to focus enforcement efforts on achieving timely compliance rather than pursuing enforcement actions that may extend negotiations or delay corrective action at a facility.
The memo and the announcement accompanying it underscore that EPA’s core enforcement functions will be maintained – including monitoring compliance with environmental laws and returning regulated entities back to compliance – while placing greater emphasis on practical outcomes and clarity around the requirements of the law.
For manufacturers and surface finishers, the policy signals a continued shift toward resolving compliance issues earlier in the process and potentially fewer prolonged enforcement disputes. While EPA has noted that enforcement will continue where violations persist, the compliance-first approach reflects a more selective and outcome-focused approach, particularly in non-criminal matters.
NASF will continue to monitor how this policy is implemented across EPA programs and what it may mean for compliance expectations, inspection activity, and enforcement risk in the months ahead.
For more information, please contact Jeff Hannapel (jhannapel@thepolicygroup.com) or Christian Richter (crichter@thepolicygroup.com) with NASF.
New PFAS Liability Legislation Introduced in House and Senate
New PFAS-related liability legislation was re-introduced in Congress in mid-December that would amend the Toxic Substances Control Act (TSCA) to establish a federal cause of action and authorize medical monitoring for individuals significantly exposed to per- and polyfluoroalkyl substances (PFAS), with claims directed at parties involved in PFAS manufacturing.
The legislation, H.R. 6626 / S. 3460 – the PFAS Accountability Act of 2025 – was introduced by Rep. Madeleine Dean (D-PA) and Sen. Kirsten Gillibrand (D-NY). Additional House co-sponsors include Reps. Debbie Dingell (D-MI), Jerry Nadler (D-NY) and Rashida Tlaib (D-MI).
The bill has been referred to the House Energy and Commerce and the Judiciary committees.
Environmental groups and other plaintiffs have argued for some time that medical monitoring should be allowed as a remedy for exposures to PFAS because some related health effects may take years to develop.
Key Provisions
Federal Cause of Action – The bill would add a new section to TSCA titled “Individuals Exposed to Perfluoroalkyl and Polyfluoroalkyl Substances.” It would allow individuals who have been “significantly exposed to PFAS,” or who have reasonable grounds to suspect significant exposure, to bring claims individually or as part of a class action in federal district court.
Claims could be brought against any person that engaged in any portion of a manufacturing process that created the PFAS to which the individual was exposed and foresaw or reasonably should have foreseen that the creation or use of PFAS would result in human exposure.
Presumptions of Exposure – The bill establishes rebuttable presumptions of “significant exposure,” including where PFAS were released into areas of exposure for a cumulative period of at least one year or where biomonitoring results show PFAS or PFAS metabolites in the body. Defendants would be permitted to rebut the presumption through independent testing at their expense.
Medical Monitoring – The legislation would authorize courts to award medical monitoring where significant PFAS exposure has resulted in an increased risk of developing disease and where additional or more frequent diagnostic testing is reasonably necessary and effective. Where toxicological data are insufficient, courts would be permitted to lower the standard for scientific proof and may order additional studies.
Definition of PFAS – The bill defines PFAS broadly as any per- or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.
Versions of the PFAS Accountability Act have been introduced in prior Congresses but have not advanced into law. The legislation also specifies that it does not preempt or limit state law claims or remedies.
NASF continues to monitor this and other PFAS legislation and their potential implications as the PFAS policy landscape continues to evolve.
For more information, please contact Jeff Hannapel (jhannapel@thepolicygroup.com) or Christian Richter (crichter@thepolicygroup.com) with NASF.
European Commission is Seeking Input on Workplace Exposure Limits for Chromium and Other Key Substances
The European Commission in December a consultation on occupational exposure to certain chromium compounds and six other substances as part of its ongoing review of workplace health and safety rules under the Carcinogens, Mutagens and Reprotoxic Substances Directive (CMRD).
The CMRD is the European Union’s primary framework governing worker exposure to hazardous substances associated with cancer, genetic damage, or reproductive health effects. It sets binding occupational exposure limits (OELs) that employers must meet across EU member states.
Information collected through the consultation will help determine whether the Commission introduces new or updates existing exposure limits as part of the latest revision of the Directive. Substances under review include:
- chromium VI compounds
- respirable crystalline silica
- certain chlorinated solvents
- chloroprene
- glycidyl methacrylate, and
- nitrosamines.
The survey is aimed at companies and workers that use or generate these substances, as well as national authorities and occupational safety professionals, and will remain open until January 12. Input will inform future regulatory decisions that could affect compliance obligations, workplace controls, and operating costs for EU-based facilities.
In the meantime, the EU is finalizing its earlier, or sixth, revision of the CMRD, which will introduce new exposure limits for substances such as cobalt compounds and polycyclic aromatic hydrocarbons.
NASF will continue to monitor chromium developments in Europe on both the occupational exposure and chemicals management fronts in the coming year, as we expect more activity ahead on workplace and substance restrictions fronts.
For more information, please contact Jeff Hannapel (jhannapel@thepolicygroup.com) or Christian Richter (crichter@thepolicygroup.com) with NASF.
NASF 1000
The NASF 1000 program was established to ensure that the surface finishing industry would have resources to effectively address regulatory, legislative and legal actions impacting the industry, NASF members and their workplaces. All funds from the NASF 1000 program are used exclusively to support specific projects and initiatives that fall outside the association’s day-to-day public policy activities. The commitment to this program is one of the most vital contributions made in support of surface finishing and directly shapes the future of the industry.
The sustained commitment from industry leaders has helped the NASF remain strong and credible in informing regulatory decisions across the nation. Specific projects funded through the NASF 1000 make a measurable difference in how the industry navigates emerging challenges, communicates credibly with policy makers, and advocates for a strong science base for rules or standards that affect surface finishing.
Please consider supporting the NASF 1000 program. For more information, contact: Christian Richter (202-257-0250) or Jeff Hannapel (202 257-3756) with NASF.
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