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Critical Minerals – The United States hosted a Critical Minerals Ministerial in early February, bringing together representatives from more than 50 countries and the European Commission to discuss global supply chain challenges related to critical minerals and rare earth elements. The meeting, led by senior U.S. officials from across the Administration, focused on the role these materials play in advanced manufacturing, energy technologies, and emerging industries, as well as the risks associated with concentrated global supply.
NASF PFAS Litigation Initiative – PFAS-related litigation continues to expand nationwide, with new lawsuits in recent months involving manufacturers, surface finishers, and suppliers. In response, NASF has launched a new PFAS litigation monitoring and member guidance initiative to help members stay informed as these cases continue to develop across the country.
Economic Outlook – Several widely followed economic reports released over the past two weeks provide an updated snapshot of conditions facing manufacturers. The Conference Board’s Consumer Confidence Index, released January 27, fell to 84.5, down from 94.2 in December. The report showed declines in both how consumers view current conditions and their expectations for the months ahead, indicating growing caution among households.
TSCA Reform – Congress is once again examining changes to how EPA reviews and regulates chemicals under the federal Toxic Substances Control Act (TSCA). In late January, the House Energy and Commerce Committee held a hearing on draft legislation that would adjust EPA’s approach to both existing chemicals (including metals) already in commerce and new chemicals entering the market, including reformulated products and new materials for industrial applications.
WOTUS Clarifications – A major effort to clarify how wetlands and land uses are regulated under the Clean Water Act is advancing through an EPA proposed rule that responds to the recent, ground-breaking Supreme Court Sackett decision. The proposal represents the latest attempt to clarify the scope of federal authority over local land-use decisions involving wetlands and related water features on private property.
More details on these topics are below…
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U.S. Hosts Critical Minerals Ministerial Focused on Supply Chain Coordination
The United States hosted a Critical Minerals Ministerial in early February, bringing together representatives from more than 50 countries and the European Commission to discuss global supply chain challenges related to critical minerals and rare earth elements. The meeting, led by senior U.S. officials from across the Administration, focused on the role these materials play in advanced manufacturing, energy technologies, and emerging industries, as well as the risks associated with concentrated global supply. Discussions covered a range of minerals critical to industrial manufacturing, including copper, nickel, cobalt, lithium and other metals and materials used across downstream supply chains.
Strengthening Supply Chain Resilience
The U.S. Department of State highlighted discussions at the ministerial centered on strengthening supply chain resilience through greater coordination among participating countries, expanded investment, and improved logistics and processing capacity. The United States also announced a series of new bilateral frameworks and memoranda intended to support cooperation on critical minerals development, financing, and trade.
U.S. officials emphasized that many of the initiatives discussed are ongoing or newly launched efforts, and that further work will be required to address challenges related to pricing, investment risk, and market structure. Several agencies discussed existing and planned financing tools aimed at supporting domestic and international critical minerals projects, while also underscoring the importance of private-sector participation.
New Research Reports Released on Critical Minerals Market Challenges
Recent analysis from Washington policy organizations is also informing the Administration’s growing focus on critical minerals. A December 2025 brief from the SAFE Center for Critical Minerals Strategy, Critical Minerals Pricing Mechanisms, along with a January 2026 report from the Center for Strategic and International Studies (CSIS) titled Minerals at War, examine how structural market distortions – particularly in key metals – can undermine supply security.
The CSIS report frames critical minerals as a long-term national security challenge and highlights historical examples where governments combined pricing tools, procurement, financing, and allied coordination to stabilize strategic supply chains. Together, these analyses underscore growing interest in whether limited, targeted market interventions may be considered alongside traditional trade and investment tools, though how such approaches would be designed or applied remains an open question. NASF will continue to track these discussions as they evolve.
NASF Launches PFAS Litigation Update and Member Guidance Initiative
PFAS-related litigation continues to expand nationwide, with new lawsuits in recent months involving manufacturers, surface finishers, and suppliers. In response, NASF has launched a new PFAS litigation monitoring and member guidance initiative to help members stay informed as these cases continue to develop across the country.
Surface Finishing Focus
As part of this effort, NASF is working with Keller and Heckman LLP, a Washington-based law firm with extensive experience in PFAS and chemical regulatory matters, to develop and present a series of member-only webinars and to participate in key industry events later this year. These briefings will focus on PFAS litigation as it relates specifically to surface finishing and other downstream industrial users, including recent cases, emerging legal theories, and practical considerations relevant to plating and finishing operations.
Updates, Education and Risk Awareness
Recent PFAS lawsuits have increasingly moved beyond chemical manufacturers to name downstream industrial users, waste handlers, and suppliers, including companies involved in surface finishing. Through this initiative, NASF will provide periodic updates on litigation trends, significant court developments, and general risk awareness considerations. The program is intended to help members better understand the evolving PFAS litigation landscape and does not constitute legal advice. Additional details on webinar scheduling and content will be shared with members in the coming weeks.
Recent Economic Reports Point to Mixed Signals But Some Good News Moving into February
Several widely followed economic reports released over the past two weeks provide an updated snapshot of conditions facing manufacturers. The Conference Board’s Consumer Confidence Index, released January 27, fell to 84.5, down from 94.2 in December. The report showed declines in both how consumers view current conditions and their expectations for the months ahead, indicating continued caution among households.
Manufacturing Activity Increasing
Manufacturing activity data moved in the opposite direction. S&P Global’s U.S. Manufacturing PMI for January, released January 24, increased to 52.4, up from 51.8 in December, reflecting the sharpest upturn since May 2022. The report noted that production increased and new orders returned to growth, while firms continued to cite cost pressures and weaker export demand.
Manufacturing Jobs Trending Lower
Many saw the recent employment data show manufacturing job levels meaningfully lower over the past year. According to the Bureau of Labor Statistics’ Current Employment Statistics report (as reflected in Federal Reserve Bank of St. Louis data), total U.S. manufacturing employment declined by roughly 70,000 jobs from December 2024 to December 2025.
Employment also moved lower in the final month of 2025, falling from approximately 12.70 million jobs in November to about 12.69 million jobs in December, or about 8,000 jobs. Average weekly hours in manufacturing declined slightly in December as well, from 40.1 hours to 39.9 hours. The next monthly report will be issued in the coming days.
NASF will continue to track these key indicators and share updates as new data are released for manufacturers as well as for surface finishing operations.
For a copy of the most recent NASF Economic Report for Surface Finishing: 2025, please contact Jeff Hannapel at jhannapel@thepolicygroup.com or Christian Richter at crichter@thepolicygroup.com.
Congress Looking to Make Changes to Federal Chemicals Regulations
Congress is once again examining changes to how EPA reviews and regulates chemicals under the federal Toxic Substances Control Act (TSCA). In late January, the House Energy and Commerce Committee held a hearing on draft legislation that would adjust EPA’s approach to both existing chemicals (including metals) already in commerce and new chemicals entering the market, including reformulated products and new materials for industrial applications.
Real-World Scenarios and Hazards
For manufacturers, the proposal matters because it would influence how quickly EPA completes chemical reviews and how risk decisions are made. The draft would push EPA to focus risk evaluations on real-world hazards and human exposures, rather than more speculative scenarios, and would seek to reduce delays in EPA’s pre-manufacture review process for new chemicals. Many industry supporters argue this could improve predictability for companies developing new products or responding to supply-chain and regulatory pressures.
Coordination between EPA and OSHA on Requirements
The draft legislation would also encourage greater coordination between EPA and other federal agencies, such as OSHA, to avoid overlapping or conflicting requirements. While supporters say the proposal would promote science-based regulation and more practical compliance outcomes, critics argue it could weaken health and environmental protections. The proposal faces an uncertain path in Congress, but it reflects ongoing interest in revisiting how TSCA is implemented. NASF will continue tracking the discussion and assessing what potential changes could mean for surface finishers and downstream manufacturers.
EPA Clarifications to “Waters of the United States” Rule Are Advancing
A major effort to clarify how wetlands and land uses are regulated under the Clean Water Act is advancing through an EPA proposed rule that responds to the recent, ground-breaking Supreme Court Sackett decision. The proposal represents the latest attempt to clarify the scope of federal authority over local land-use decisions involving wetlands and related water features on private property.
The proposal includes revised definitions for what water features on private land constitute “waters of the United States” (WOTUS) and will determine the precise scope of federal Clean Water Act permitting. Once finalized, the rule will affect whether facilities need permits for activities such as filling, excavation, or site development associated with expansions or infrastructure improvements.
Certainty and Durability for Future Decisions
The proposed clarifications seek more certainty for landowners with new definitions for key terms such as what qualifies as a “relatively permanent” water and what constitutes a “continuous surface connection” between a water feature and an adjacent jurisdictional water. EPA, along with the U.S. Army Corps of Engineers, also proposes confirming that certain features – including groundwater, most ditches constructed in dry land, and certain other features – are excluded from federal jurisdiction. Agency officials have stated that these changes are intended to narrow the scope of regulated waters and reduce uncertainty for regulated entities.
Small Business Concerns and Permitting Issues
Industry groups generally view the proposed clarifications as a positive step toward a more predictable permitting framework for facility expansions and site improvements. However, some stakeholders have raised concerns by tying permitting conditions and decisions to a “wet season,” noting that a seasonal approach could introduce new problems. While the issue is often discussed in agricultural contexts, input from business and construction stakeholders has urged EPA to provide greater clarity to ensure that seasonal interpretations do not complicate permitting decisions or long-term site planning for regulated facilities.
While the proposed rule does not eliminate all uncertainty, it represents the latest effort to draw clearer jurisdictional boundaries for land-use decisions. NASF will continue to monitor the rulemaking process and provide updates as EPA and the Corps move toward a final rule.
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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