News

MCTA News – August 2026

Date: August 15, 2026
Category: Events, Regulation

In This Issue:

Post-Session Briefing: Unworkable PFAS Bill Stalls & Shifting Strategy for 2027

Dear MCTA Members,

Formal legislative sessions in Massachusetts ended on August 1st with a major victory – the clock has almost certainly run out on sweeping, unworkable PFAS legislation thanks to the advocacy efforts of MCTA and our allies throughout this two-year session. Broad chemical bans and product restrictions also failed to advance before the deadline despite intense late-stage pressure. This outcome shows that outreach to legislators – either through MCTA or on your own – can make a difference when you show the negative impact these proposals can have on your business.

The Caveat: Anything Can Still Happen & Activists Are Preparing for 2027

This is the first session that the legislature is operating under new procedural rules. The new rules make it unlikely that controversial legislation (such as PFAS or broad chemical bans) will be addressed between now and the end of the session on December 31st. But we will never say it’s impossible as several conference committees continue their negotiations through the end of the year.

In any event, we expect all of these bills – and maybe more – to resurface next year when the new session begins.

As noted in a recent report from WGHB, and a statement from MASSPIRG, environmental advocacy groups have expressed significant frustration with the legislature’s failure to pass PFAS restrictions, and will no doubt succeed in seeing this legislation re-filed in January. That means your support is more important than ever as we lay the groundwork for our advocacy efforts for the 2027-2028 session.

The Big Picture: Beacon Hill’s Remaining Priorities & MCTA Concerns

With PFAS stalled, Beacon Hill remains focused on several other high-priority sector negotiations. A key ongoing threat to manufacturing competitiveness is energy affordability legislation currently in conference committee. The primary concern is the potential removal of the “obligation to serve” for utilities. While this does not mean an immediate disconnection of existing facilities, it primarily threatens new or expanding operations by creating significant regulatory uncertainty and setting a dangerous precedent that could compromise the reliable energy infrastructure required for the Commonwealth’s manufacturing sector.

MCTA will keep you updated on active issues in upcoming newsletters.

Shifting the Narrative: Our 2027 Strategy

To succeed long-term, MCTA is proactively working to bolster industry visibility and ensure lawmakers grasp the economic and operational realities of our sector. To lead on the front foot in 2027, we are exploring new, high-impact tools to amplify our message on Beacon Hill.

One such initiative under consideration as noted in last month’s newsletter, is a potential MCTA Beacon Hill Advocacy Day. This proposed event would serve as a powerful platform for direct engagement, though its viability is contingent on strong member interest and participation.

**Please take one minute to provide your feedback via our interest survey — Click Here to Access **

You can also help us boost our industry visibility immediately by sharing this LinkedIn post with your professional networks. We are actively seeking and welcoming leads or suggestions to help grow our membership base; expanding our collective voice is essential for our success in 2027 and beyond.

Grassroots Action for Late Summer & Fall

With lawmakers back in their home districts for campaign season, I’d like to remind you that now is the time to build relationships:

Schedule a Site Visit: Invite your local State Senator or Representative to tour your facility or attend a summer or fall event. Showing them your safety standards, advanced manufacturing, and local workforce in person is one of the single best ways to inoculate them against anti-industry rhetoric in upcoming sessions.
Engage Politically: While corporate contributions are prohibited under state law, individual political giving during campaign season ensures we support leaders who champion sound science and manufacturing competitiveness.

Thank you for your strong engagement this session. We successfully defended our industry in 2026 — now let’s get proactive and set the agenda for 2027.

Sincerely,

Billy Pitman
Executive Director
MCTA

Join MCTA on the Green for our 2026 Annual ‘Swing For Science’ Golf Tournament

Grab your clubs and join GZA GeoEnvironmental, Astro Chemicals and our other sponsors and foursomes on the green to have fun while doing good! Proceeds from MCTA’s annual tournament support deserving students through the Massachusetts Science & Engineering Fair (MSEF) Scholarship Fund. We will be teeing off at 9:30AM on Thursday, September 17th at Blissful Meadows Golf Club in Uxbridge, MA.

Sponsorship & golf registration opportunities are still available and we have some great raffle prizes in the works, including a Red Sox Ultimate Fan Experience Package for 4, and a New England getaway for 2 at the historic Publick House Inn & Country Lodge.

Help us get the word out by sharing the sponsorship and player registration information with your networks — Members, Co-Workers, Clients, Guests, Vendor / Partner Firms & Friends are welcome! Click here to like & share our latest LinkedIn post.

Click Here to Sponsor / Register and Pay

Click Here to Download the Event Flyer

MCTA Joins Coalition Urging Single Federal Standard for Worker Chemical Safety

MCTA recently joined a coalition of 75 organizations in a joint letter to the EPA, OSHA, and OMB calling for a single, consistent federal framework for occupational chemical safety.

The coalition highlighted that current TSCA implementation is creating overlapping workplace requirements alongside OSHA’s longstanding programs, noting:

“When two federal agencies set different regulatory obligations for the same worker in the same workplace for the same chemical, the result is confusion — not stronger protection.”

The letter urges the agencies to utilize Section 9 of TSCA—which explicitly authorizes EPA to coordinate with OSHA—to eliminate duplicative rules, align responsibilities with each agency’s core expertise, and reduce facility-level confusion.

Click to Read the Press Release and Full Coalition Letter. Read & Share MCTA’s LinkedIn Post.

Energy Affordability Action in Massachusetts

As you may know, MCTA is a member of the Massachusetts Coalition for Sustainable Energy (MSCE), a group primarily comprised of trade associations representing individual company members in advocating for balanced energy policies to support growth and reduced costs in Massachusetts.

MCTA recently signed on to a MSCE letter to the legislature’s Energy Conference Committee debating a final energy bill this session, urging the committee to prioritize energy affordability and to maintain the programs that guarantee business access to affordable natural gas.

This bill will likely be in conference committee negotiations well into the fall, and we anticipate further outreach in the next few months.

Click here to view the coalition letter.

MCTA Members in the News

Astro Chemicals made the Independent Commodity Intelligence Services (ICIS) top 40 chemical distribution leaders in North America, and the top 200 globally.
A.W. Chesterton Co. was honored with the Merrimack Valley Chamber of Commerce’s 2026 Small Business Award in Manufacturing.

Houghton Chemical Corporation launched a brand new website as they approach their 100 year milestone. They also brought to life the everyday experiences and sustainable systems our members provide to Massachusetts’ economy, communities and families with their contributions to the Franklin Park Zoo’s new Penguin Coast & African Experience exhibit. Click here or the image above to learn more.

Have news to share or that you’d like to see featured in a future edition? Please email a brief description and link to bpitman@masscta.org.

Name Our Newsletter Contest

DEADLINE EXTENDED! We’d like to introduce a timeless and catchy — but still professional! — name for these monthly newsletter updates. Think “The Catalyst,” “Bay State Bond,” or “Periodic Update”….but we know you can do better. Submit your ideas to bpitman@masscta.org. We will feature the top submissions in a poll for a future edition of MCTA News. In addition to bragging rights, we will also feature the winning organization in the 1st edition of the newly-named newsletter.

MCTA Annual Meeting Notice — Save the Date!

The MCTA Board of Directors has selected Thursday, February 25, 2027 as the date for MCTA’s next Annual Meeting! Please mark your calendars – additional details including the time and confirmed location will be announced in the coming months.

Upcoming Events and Programs:

August 18 – October 27 – TURI’s 2026 Toxic Use Reduction (TUR) New Planner Certification Course with up to 20 Continuing Education Units (CEUs) available to current planners; Hybrid. Learn more & register.
September 14-15 – ACD’s 2026 Autumn Regional Meeting; Morristown, NJ. Click here for more information.
September 17 – MCTA’s 2026 Annual ‘Swing for Science’ Golf Tournament, to benefit the Massachusetts Science and Engineering Fair (MSEF) Scholarship Fund. Blissful Meadows Golf Club, Uxbridge, MA. Visit our website and click “Events” for more information.
September / October – MCTA 2027 Dues Invoices Issued.
November 6 – Join our New England Surface Finishing (NSEF) partners at their Regional Conference for networking, vendor interactions and professional speakers. Along with some of our Members, MCTA will be presenting on our organization and advocacy efforts; Newport, RI. Learn more & register.
February 25, 2027 – Save the Date for MCTA’s Annual Meeting; Sturbridge, MA. Details to come.

NASF Policy Update – July 2026

Date: August 6, 2026
Category: NASF National, Regulation

Register Now: Assistant Secretary of Labor David Keeling to Deliver Morning Keynote at the Washington Forum: David Keeling, Assistant Secretary of Labor for Occupational Safety and Health and head of the Occupational Safety and Health Administration (OSHA), will deliver the morning keynote address at the NASF Washington Forum on September 22, 2026, at the Willard Hotel in Washington, D.C. Registration and hotel information are available on the NASF website.

Defense Procurement: Pentagon Suspends Key Cybersecurity Mandate to Review Small Business Compliance Burdens: The U.S. Department of War (DoW) suspended implementation of Cybersecurity Maturity Model Certification (CMMC) Phase II while conducting a review of the program’s impact on the defense industrial base, particularly small and medium-sized manufacturers. The action, announced on July 13, pauses the planned expansion of mandatory third-party certification requirements while the Department evaluates potential reforms intended to strengthen cybersecurity without creating unnecessary barriers for small businesses in the defense supply chain.

Water Regulation: New EPA Draft Guidance Highlights Industrial Source Reduction to Reduce Potential PFAS Risks in Biosolids: EPA released draft guidance in July outlining voluntary recommendations to reduce potential risks from PFOA and PFOS in biosolids while requesting public comment on future agency actions. The guidance follows the agency’s review of the Biden-era draft biosolids risk assessment, which EPA said relied on modeled higher-risk scenarios that did not adequately reflect typical biosolids management practices in the United States.

Chemicals Policy: Targeted TSCA Improvements Face Uncertain Path in Congress: Congress is considering legislation to make targeted improvements in how EPA implements the nation’s primary chemicals law, the Toxic Substances Control Act (TSCA). Much of the discussion has focused on improving the efficiency and predictability of EPA’s new chemical review program. However, many observers have become increasingly uncertain whether Congress will be able to complete legislative action this year.

Member Briefing: NASF Legal Update in July to Continue at Washington Forum: NASF’s Government Affairs member briefing last month focused on PFAS legal developments, featuring Keller and Heckman LLP, the Washington, D.C.-based law firm assisting NASF on chemicals policy issues. NASF will continue these discussions at the Washington Forum on September 22, 2026, at the Willard Hotel in Washington, D.C., where members will receive additional updates on significant federal chemicals policy and PFAS developments affecting the surface finishing industry. Registration and hotel information are available on the NASF website.

For more details on these topics, please continue reading below:

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NASF Report

NASF Events: Assistant Secretary of Labor David Keeling to Deliver Morning Keynote at the Washington Forum

David Keeling, Assistant Secretary of Labor for Occupational Safety and Health and head of the Occupational Safety and Health Administration (OSHA), will deliver the morning keynote address at the NASF Washington Forum on September 22, 2026, at the Willard Hotel in Washington, D.C.

Since assuming leadership of OSHA, Keeling has emphasized collaboration with employers, trade associations and safety professionals while outlining the agency’s regulatory, enforcement and compliance priorities. He has described OSHA’s mission as helping employers protect workers through practical solutions, compliance assistance and targeted enforcement where needed.

The keynote will provide NASF members with an opportunity to hear directly from OSHA’s senior leadership on the agency’s priorities and the direction of workplace safety and health policy under the current administration.

Registration and hotel information are available on the NASF website.

Defense Procurement: Pentagon Suspends Key Cybersecurity Mandate to Review Small Business Compliance Burdens

The U.S. Department of War (DoW) suspended implementation of Cybersecurity Maturity Model Certification (CMMC) Phase II while conducting a review of the program’s impact on the defense industrial base, particularly small and medium-sized manufacturers. The action, announced on July 13, pauses the planned expansion of mandatory third-party certification requirements while the Department evaluates potential reforms intended to strengthen cybersecurity without creating unnecessary barriers for small businesses in the defense supply chain.

The Department said the review is intended to ensure cybersecurity requirements remain effective while reducing unnecessary compliance burdens on companies supporting the Defense Industrial Base. A CMMC Reform Task Force has been established to evaluate the current framework and solicit public input before making recommendations on the program’s future direction.

SBA Highlights Small Business Concerns

The U.S. Small Business Administration (SBA) responded in support of the Department’s decision and noted that many small defense contractors had expressed concern over the cost and complexity of the planned Phase II certification requirements. SBA cited its engagement with small manufacturers and other defense industrial base stakeholders, concluding that compliance costs and limited assessment capacity could discourage participation by companies that play an important role in supporting national defense. SBA also stated that limited assessment capacity could delay certification even for companies prepared to comply.

The Department and SBA described the review as part of a broader effort to protect federal information while reducing compliance barriers for small businesses.

Existing Cybersecurity Requirements Continue

The suspension does not eliminate existing cybersecurity obligations for defense contractors. Existing contractual cybersecurity and CMMC Phase I self-assessment requirements remain in effect during the review process. Companies performing defense work should continue to comply with applicable contract requirements and monitor future Department guidance as the review proceeds.

The Department has also requested public input through a formal Request for Information (RFI), with comments due by August 14, 2026, to help identify opportunities to improve the program while maintaining strong cybersecurity protections across the defense industrial base.

Implications for NASF Members

For NASF members that provide services for defense customers or participate in defense supply chains, the announcement provides additional time before implementation of the next phase of the CMMC program while reaffirming that cybersecurity remains an important policy priority. The Department has indicated it expects to complete its review and develop recommendations within approximately 60 days, or around mid-September 2026. Companies with defense-related business should continue maintaining compliance with existing contractual requirements and remain attentive to future Department announcements as the review progresses.

NASF will continue to monitor developments and provide updates as additional guidance becomes available.

Water Regulation: New EPA Draft Guidance Highlights Industrial Source Reduction to Reduce Potential PFAS Risks in Biosolids

EPA released draft guidance in July outlining voluntary recommendations to reduce potential risks from PFOA and PFOS in biosolids while requesting public comment on future agency actions. The guidance follows the agency’s review of the Biden-era draft biosolids risk assessment, which EPA said relied on modeled higher-risk scenarios that did not adequately reflect typical biosolids management practices in the United States. The agency is seeking additional public input as it considers future actions related to PFAS in biosolids.

EPA Discusses Risk-Reduction Strategies

Rather than proposing new national regulatory requirements, EPA’s draft guidance discusses several approaches to reducing PFAS entering wastewater systems, including:

Source identification and source reduction to help reduce PFAS discharges before they enter wastewater systems.
Monitoring and pollution prevention to better identify PFAS sources and evaluate opportunities for reduction.
Industrial pretreatment and state programs, including examples from Michigan and other states that have used upstream source identification and pretreatment to reduce PFAS entering wastewater treatment systems.
Recommendations for wastewater utilities, industrial dischargers, states and other stakeholders intended to reduce PFAS risks while supporting the beneficial use of biosolids where appropriate.

Implications for Surface Finishing

For the surface finishing industry, the biosolids guidance is particularly relevant because it discusses approaches that involve industrial dischargers working with wastewater utilities to reduce PFAS entering wastewater systems. Although the guidance is voluntary and does not establish new regulatory requirements, EPA states that public comments will help inform future agency actions related to PFAS in biosolids. Comments are due September 4, 2026.

NASF will continue monitoring EPA’s biosolids initiative and provide updates as the agency evaluates public comments and determines next steps.

Chemicals Policy: Targeted TSCA Improvements Face Uncertain Path in Congress

Congress is considering legislation to make targeted improvements in how EPA implements the nation’s primary chemicals law, the Toxic Substances Control Act (TSCA). Much of the discussion has focused on improving the efficiency and predictability of EPA’s new chemical review program. However, many observers have become increasingly uncertain whether Congress will be able to complete legislative action this year.

Broad Support from Industry

NASF shares the view of national manufacturing and chemical industry organizations that targeted improvements to EPA’s chemical review program are warranted. Among the priority issues are addressing lengthy review times for new chemical substances, improved communication between EPA and chemical manufacturers, providing greater predictability for industry and more efficiency in the chemical review process. Environmental and public health organizations, meanwhile, have urged Congress to ensure that any legislative changes preserve EPA’s authority to protect human health and the environment.

Uncertainty Ahead This Fall

Although discussions continue, attention has increasingly shifted toward the possibility of more limited legislation or inclusion of TSCA provisions in other must-pass legislation later this year should Congress be unable to complete broader legislation before the September deadline.

Benefits for Surface Finishing

For the surface finishing industry, these discussions are particularly relevant to chemical manufacturers and suppliers that develop new products and technologies. Improvements to the efficiency and predictability of EPA’s chemical review process could help support innovation and accelerate the development and introduction of new industrial chemistries throughout the surface finishing supply chain.

NASF will continue monitoring congressional activity and provide updates as legislative proposals advance.

Chemicals Policy: NASF Member Briefing in July to Continue at Washington Forum

NASF’s Government Affairs member briefing last month focused on PFAS legal developments, featuring David Fischer and Eric Gotting, partners with Keller and Heckman LLP, the Washington, D.C.-based law firm assisting NASF on chemicals policy issues.

Preparing Members for an Evolving PFAS Landscape

The briefing provided members with an overview of the evolving PFAS legal and regulatory landscape affecting downstream industrial users, including the surface finishing industry. Topics included recent PFAS litigation trends, developments in the federal multidistrict litigation (MDL), the types of claims being brought by drinking water utilities and other plaintiffs and emerging regulatory developments.

The webinar is part of NASF’s continuing effort to provide members with strategic, timely and actionable information as PFAS requirements continue to evolve at the federal and state level.

Next Discussion at the NASF Washington Forum

NASF will continue these discussions at the Washington Forum on September 22, 2026, at the Willard Hotel in Washington, D.C., where members will receive additional updates on significant federal chemicals policy and PFAS developments affecting the surface finishing industry. Registration and hotel information are available on the NASF website.

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.‎

2026 NENASF Annual RCRA and Triennial DOT HAZMAT Seminar

Date: May 29, 2026
Category: Chapter News, Member News, NASF Chapters, Regulation

Once again, the NASF New England Chapter was able to offer a mandatory annual RCRA and triennial DOT training Seminar as a complimentary benefit by being a dues-paying member of the New England Chapter. Thirty-two attendees were present for the Seminar sponsored by the Chapter in conjunction with HRP Associates on May13, 2026 at the Courtyard Marriott in Marlborough, Massachusetts. The instructor for this four-hour Seminar was Bryan Sherman, Environmental Health and Safety Project Manager for HRP Associates out of their Clifton Park, New York office.

The first two-hour session of the Seminar was devoted to the required Annual RCRA HazMat training. This session was a very detailed and intense training exercise with strong emphasis on possible pitfalls of incorrect hazardous waste handling and documentation. The session was concluded with a written competency test which is required prior to awarding of Certificates of Completion by HRP for the RCRA Training.

The second two-hour segment of the Seminar was the mandatory triennial DOT training session. Bryan again gave an intense fact filled two-hour DOT educational training course which was also followed by a written competency test as required by the DOT before Certificates of Completion could be issued by HRP Associates as certified instructors.

This Seminar, which again was offered at no cost to the NENASF members, along with other events and educational opportunities offered by the New England Chapter, are just another reason to join and actively participate in all that local Chapter membership in the National Association for Surface Finishing has to offer. Thanks to all participants for allowing events like this to happen, and a special shout out to HRP Associates for supplying instructors and hand out materials that help us to realize this annual training event.

April 2026 NASF Policy Update

Date: May 6, 2026
Category: NASF National, Regulation

Issue Highlights

Automotive: NASF–AIAG Webinar on Decorative Chromium Transition | Review – NASF and ‎the Automotive Industry Action Group (AIAG) held a virtual roundtable on the transition from ‎hexavalent to trivalent chromium for decorative automotive applications. The session brought ‎together OEM representatives from General Motors, Toyota, Volkswagen and Volvo Group ‎with NASF member chemical suppliers and job shops for a discussion on policy direction, ‎industry readiness, and implementation across the supply chain. ‎

Trade Policy: CBP Launches Process for IEEPA Tariff Refunds – U.S. Customs and Border ‎Protection (CBP) has launched the first phase of its CAPE process for refunds of duties paid ‎under International Emergency Economic Powers Act (IEEPA) tariffs that were invalidated by ‎the Supreme Court earlier this year. The process follows Court of International Trade orders ‎directing CBP to remove the affected duties and process refunds for eligible importers. ‎Importers of record, or their authorized brokers, must use the process to seek refunds for ‎eligible entries.‎

Tax Policy: House Advances Narrow Tax Bills as Midterm Elections Loom – The House in late ‎April advanced a series of bipartisan tax administration measures focused on IRS operations, ‎taxpayer protections and a handful of narrower provisions. The bills are far more limited than ‎last year’s major tax law, but they show that some noncontroversial tax items may still move ‎even as broader tax policy becomes more difficult heading into the midterms. ‎

Environmental Policy: EPA Releases Updated PFAS Destruction and Disposal Guidance – EPA ‎published its updated 2026 Interim Guidance in April on the Destruction and Disposal of PFAS ‎and PFAS-Containing Materials. The guidance is non-binding and updates EPA’s 2024 version. ‎There are no requirements for finishing operations.‎

Safety Policy: OSHA Publishes Walking-Working Surfaces Proposal – On April 6, OSHA ‎published its proposed update to the walking-working surfaces standard in the Federal ‎Register. As anticipated in last month’s report, the proposal is narrowly focused on fixed ladder ‎requirements and is intended to provide significantly greater compliance flexibility for certain ‎general industry operations.

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Environmental Policy: Historic EPA Greenhouse Gas Finding Repeal Takes Effect; Litigation ‎Continues – EPA chief Lee Zeldin’s promised repeal of the Obama-era 2009 greenhouse-gas ‎endangerment finding became effective April 20. That finding had served as the legal basis for ‎federal greenhouse-gas standards for new motor vehicles and engines. EPA’s action also ‎repeals those vehicle standards for light-, medium-, and heavy-duty vehicles and engines and ‎has impacts on a range of other industries and may have broader significance for a range of ‎other industries.‎

For more details on these topics, see below…‎

Automotive: NASF–AIAG Webinar on Decorative Chromium Transition | April Roundtable ‎Review

NASF and the Automotive Industry Action Group (AIAG) held a virtual roundtable in April on the ‎transition from hexavalent to trivalent chromium for decorative automotive applications. The ‎session brought together OEM representatives from General Motors, Toyota, Volkswagen and ‎Volvo Group with NASF member chemical suppliers and job shops for a discussion of policy ‎direction, industry readiness and implementation across the supply chain.‎

OEM Planning, Specifications and Implementation Issues

OEM representatives provided updates on their transition plans, with companies describing ‎new sourcing, approval and validation steps for trivalent or hexavalent-chrome-free decorative ‎finishes. Chemical suppliers and job shops discussed the implementation environment, ‎including color standards, quote activity, line-conversion options, mixed hexavalent/trivalent ‎operations and the practical challenges of meeting evolving OEM requirements.‎

Feedback Signals Acceleration

Polling during the session confirmed that the transition is no longer theoretical for many ‎companies. Questions addressed operational capacity, customer expectations and investment ‎decisions as automotive planning for trivalent decorative finishes accelerates.‎

NASF and AIAG are making a recording of the session available to members and will continue ‎coordination with OEMs, suppliers and applicators as the transition progresses.‎

Trade Policy: CBP Launches Process for IEEPA Tariff Refunds

U.S. Customs and Border Protection (CBP) has launched the first phase of its CAPE process for ‎refunds of duties paid under International Emergency Economic Powers Act (IEEPA) tariffs that ‎were invalidated by the Supreme Court earlier this year. The process follows Court of ‎International Trade orders directing CBP to remove the affected duties and process refunds for ‎eligible importers. For importers of record, or their authorized brokers, the CAPE process is the ‎primary mechanism for seeking refunds for eligible entries.

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Additional Phases Will Be Necessary

The scale of the refund process is substantial. According to CBP and court filings, approximately ‎‎$166 billion in IEEPA duties were collected across more than 53 million entries filed by more ‎than 330,000 importers. The first phase of the process does not cover every entry, and CBP has ‎indicated that additional phases will be needed as implementation continues.‎

Other Trade Authorities Not Affected

The decision does not affect duties imposed under other trade authorities, including Section ‎‎232 tariffs on steel, aluminum, automobiles and parts, or Section 301 duties on China, which ‎remain in place. NASF will continue to monitor CBP implementation and share updates where ‎relevant to member companies and their supply chains.‎

Tax Policy: House Advances Narrow Tax Bills as Midterm Elections Loom

The House in late April advanced a series of bipartisan tax administration measures focused on ‎IRS operations, taxpayer protections and a handful of narrower provisions. The bills are far more ‎limited than last year’s major tax law, but they show that some noncontroversial tax items may ‎still move even as broader tax policy becomes more difficult heading into the midterms.‎

The 2025 Law and New Data

The latest action comes as both parties define their tax messages for 2026 and beyond. The ‎White House and Republican lawmakers are continuing to highlight the benefits of last year’s ‎One Big Beautiful Bill Act, including measures aimed at supporting capital investment, ‎equipment purchases, domestic R&D and business expansion. At the same time, a recent Atlanta ‎Fed report from April suggests the law has not yet become a major driver of near-term firm ‎planning for most businesses, with only 17 percent of firms reporting they increased planned ‎capital investment for 2026.‎

Future Tax Debate

If Democrats retake one or both chambers, tax-related activity is expected to focus heavily on ‎oversight of IRS operations and implementation of the 2025 law, with possible broader debate ‎over tax fairness and middle-class tax relief. Additional tax legislation this year remains ‎uncertain.‎

NASF will continue to monitor tax policy developments and solicit member input on federal tax ‎and manufacturing policy issues as we move toward the September Washington Forum.‎

Environmental Policy: EPA Releases Updated PFAS Destruction and Disposal Guidance

EPA published its updated 2026 Interim Guidance in April on the Destruction and Disposal of ‎PFAS and PFAS-Containing Materials. The guidance is non-binding and updates EPA’s 2024 ‎version, including additional research and data reviewed through September 2025.‎

The guidance addresses large-scale approaches for managing PFAS-containing materials, ‎including thermal treatment, landfilling, and underground injection, and identifies continuing ‎data gaps for destruction efficiency, air emissions, landfill leachate, byproducts, and emerging ‎technologies.‎

No Requirements for Finishing

For the surface finishing industry, the guidance does not create new disposal requirements and ‎should not be read as changing current waste management obligations. Its relevance is limited ‎primarily to situations where facilities are already managing PFAS-containing residuals under ‎state, permit, POTW, or vendor arrangements. NASF will continue to monitor the guidance and ‎related state implementation issues as EPA considers comments and future updates.‎

Safety Policy: OSHA Publishes Walking-Working Surfaces Proposal

On April 6, OSHA published its proposed update to the walking-working surfaces standard in ‎the Federal Register. As anticipated in last month’s report, the proposal is narrowly focused on ‎fixed ladder requirements and is intended to provide significantly greater compliance flexibility ‎for certain general industry operations. ‎

What the Proposal Would Change

The proposal would remove the November 18, 2036 deadline by which all existing fixed ladders ‎extending more than 24 feet above a lower level must be equipped with personal fall arrest ‎systems or ladder safety systems. Removing this deadline would allow employers to update ‎existing fixed ladders at the end of their service lives rather than incur retrofit costs to meet a ‎fixed compliance date.‎

The requirement to equip new and replacement fixed ladders with personal fall arrest systems ‎or ladder safety systems remains unchanged.‎

Comment on Cages and Wells

Notably, OSHA is also seeking comment on a broader option: whether to repeal or revise the ‎requirement that employers use personal fall arrest systems or ladder safety systems on fixed ‎ladders over 24 feet and instead allow continued use of ladder cages or wells.‎

This would represent a more substantive revisiting of one of the central technical assumptions in ‎the 2016 final rule and would address concerns raised by industry regarding retrofit feasibility, ‎cost and safety benefit in older facilities.‎

Outlook

Many finishing operations will not be affected by the proposed change, but those with older ‎fixed ladders over 24 feet should evaluate the proposal closely. NASF will continue to monitor ‎the rulemaking in the meantime.‎

Environmental Policy: Historic EPA Greenhouse Gas Finding Repeal Takes Effect; Litigation ‎Continues

EPA chief Lee Zeldin’s promised repeal of the Obama-era 2009 greenhouse-gas endangerment ‎finding became effective April 20. That finding had served as the legal basis for federal ‎greenhouse-gas standards for new motor vehicles and engines. EPA’s action also repeals those ‎vehicle standards for light-, medium-, and heavy-duty vehicles and engines and may have ‎broader significance for a range of other industries.‎

Litigation in the D.C. Circuit

In response to the Trump administration’s action, multiple coalitions of environmental, public-‎health, and state plaintiffs have filed challenges in the U.S. Court of Appeals for the D.C. Circuit. ‎The challengers are expected to argue that EPA’s action conflicts with the Clean Air Act, the ‎scientific record, and the Supreme Court’s 2007 decision in Massachusetts v. EPA, which held ‎that greenhouse gases fall within the Clean Air Act’s definition of “air pollutant.” Litigation is ‎expected to take time to resolve, and the ultimate status of the repeal may depend on whether ‎the courts uphold, stay, remand, or vacate the rule.‎

Broader Clean Air Act Significance

Finishing operations, of course, are not directly regulated under the repealed vehicle ‎greenhouse-gas framework, and the action does not impose new compliance obligations on ‎surface finishing facilities. However, EPA’s repeal of the underlying finding has broader ‎significance for automotive, power, oil and gas, and energy-intensive manufacturing sectors, ‎though the rule itself is technically tied to vehicle GHG standards. NASF will continue to monitor ‎the litigation and related regulatory developments where they may affect customer sectors ‎important to surface finishing.‎

For additional information on any of this month’s topics, please contact Christian Richter at ‎crichter@thepolicygroup.com or Jeff Hannapel at jhannapel@thepolicygroup.com. ‎

NASF 1000

Please consider supporting the NASF 1000 program. For more information, contact: Christian Richter (202-257-‎‎0250) or Jeff Hannapel (202 257-3756) with NASF.‎

NENASF 2026 Spring Webinar Recap

Date: March 26, 2026
Category: Chapter News, Events, NASF Chapters, NASF National, Regulation

The New England Chapter of The National Association for Surface Finishing was, once again, pleased to host a virtual Wastewater Continuing Education Webinar for the benefit of our membership, as well as the entire metal finishing community. This event was offered at no charge to NENASF members as a member benefit. It took place over a two-hour period from 10:00 am to 12:00 pm on Wednesday March 18, 2026. More than thirty members of the metal finishing community were in attendance at this virtual educational event.

As has been the custom, this continuing education program was comprised of three speakers, offering vital technical and regulatory compliance information to the metal finishing community. Attendees at this Webinar also qualified for two Continuing Education Wastewater Treatment Contact Hours as awarded by the Mass DEP, to be used towards Wastewater Treatment Operator license renewal.

Jeremy Morgan of Hubbard Hall opened the Webinar with a presentation entitled Five Ways to Future Proof Your Wastewater System. This presentation focused on preparation for possible changes such as increased production, process changes and regulatory change, any or all of which may affect future operation.

Travis Peterson of Steelhead technologies then offered a presentation on how an efficient production control system can not only lead to optimal product flow and greater customer satisfaction, but also can positively impact environmental regulatory compliance by minimizing rejects/rework, thus reducing excess strain on the wastewater treatment plant.

The closing speaker was Christian Richter of the Policy Group, the NASF lobbying agency in Washington, who brought attendees up to date on fast moving environmental regulations being implemented or in the works both nationally and locally. Of key importance to the metal finishing community was the EPA’s announcement of a Strategic Roadmap addressing future CFR 433 & 413 wastewater PFAS discharge limits. Preliminary studies have trended towards showing metal finishing operations having a lesser PFAS impact on POTW influent than previously suspected. The Policy Group will continue to keep us updated through regular NASF Public Policy press releases.

Thank you to all of the Speakers for their time, expertise and overall contribution to making this educational opportunity available to the metal finishing community. Special thanks, once again, to Chris Capalbo as Program Moderator and all NENASF Board Members, Committee Members, Chapter Membership and dedicated and talented members of the Metal Finishing Community as a whole for making events such as this available for the benefit of our membership

JANUARY 2026 NASF POLICY UPDATE

Date: February 14, 2026
Category: NASF Chapters, NASF National, Regulation

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…‎

‎___________________________________________‎

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

Please consider supporting the NASF 1000 program. For more information, contact: Christian Richter (202-257-‎‎0250) or Jeff Hannapel (202 257-3756) with NASF.‎

December 2025 NASF Policy Update

Date: January 8, 2026
Category: NASF Chapters, NASF National, Regulation

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…

__________________

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).

_____________

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

Please consider supporting the NASF 1000 program. For more information, contact: Christian Richter (202-257-‎‎0250) or Jeff Hannapel (202 257-3756) with NASF.‎

Free MCTA Luncheon Update

Date: December 11, 2025
Category: Chapter News, Events, NASF Chapters, Regulation

2025 in the Rear-View Mirror: 2026 Preview

Meet the New State Official Charged with Helping You with Regulatory & Permitting Issues

Agenda

Legislative and State Regulatory Updates
Update on significant legislative and regulatory issues from 2025 as we enter the second part of the legislative session.
Introduction to the State’s new Regulatory Ombudsman Doug Gutro
Have an issue related to a permit or regulatory issue? The new state Ombudsman is here to help! Doug Gutro was recently appointed to help companies get things done! He has extensive experience in government and is newly appointed to this position which is under the Secretary of Economic Development. Come hear how he may be able to assist you and your company.
Member feedback and MCTA plans for 2026.

To register, contact Katherine Robertson at katherine@masscta.org. A link will be sent to you.

Date: December 11, 2025
Category: NASF Chapters, NASF National, Regulation

Dear NASF Members,

We are pleased to share an important update from the NASF Board of Directors. At its recent meeting, the Board unanimously approved funding to support Southern California’s 2026 Hexavalent Chromium (Cr⁶⁺) Petition advocacy needs. This effort is critical to ensuring that our industry’s voice is strongly represented as regulatory discussions continue to evolve in the region.

To support this work, the Board authorized the use of resources from NASF1000, allowing us to move quickly and effectively in coordinating expert engagement, policy outreach, and strategic communications.

This investment reflects NASF’s continued commitment to safeguarding the future of the finishing industry and ensuring that our members have strong, proactive representation in key regulatory matters.

We will continue to keep you informed as this advocacy initiative progresses.

Thank you for your ongoing support of NASF and our mission.

Sincerely,

Craig Addington

Executive Director

National Association for Surface Finishing

November 2025 Policy Update

Date: December 5, 2025
Category: NASF Chapters, NASF National, Regulation

With the end of the year in sight and the 2026 midterm election cycle well underway, lawmakers and regulators in Washington face challenges on multiple fronts, including getting a spending agreement in Congress again before January 31. At the agencies, the October shutdown slowed the administration’s progress on some fronts but other major initiatives – particularly on the deregulatory agenda – have advanced.

This month’s update highlights only a few actions in a larger set of trends that we’ll cover in greater detail in the December year-end update, including the emerging wider reach of nationwide PFAS litigation touching downstream industrial users and NASF efforts on EPA’s major PFAS wastewater treatment rule for finishing.

Read more about recent developments from November below…

_____________

Copper, Silver, Lead, Others Added to U.S. Critical Minerals List: In early November, the Department of Interior released a newly updated 2025 List of Critical Minerals. The newly added minerals include boron, copper, lead, metallurgical coal, phosphate, potash, rhenium, silicon, silver, and uranium The report highlighted that critical minerals are those “essential to the economy or national security of the United States” and whose supply chains are “vulnerable to disruption.”

Deregulation – EPA Now Proposing Changes in How it Evaluates and Regulates Chemicals, Metals: The agency has proposed significant revisions to how it conducts chemical risk evaluations under the primary federal chemicals management law – the Toxics Substances Control Act (TSCA). The initiative aims to reverse core elements of the much more restrictive Biden-era 2024 chemicals rule and return to a more targeted, favorable approach for U.S. industry. In its announcement, EPA explains that the proposed framework is intended to more efficiently and effectively protect human health and the environment while adhering to TSCA’s statutory requirements.

Deregulation – EPA & Army Corps of Engineers Propose New Clean Water Act Permitting Rules for Business: In another reversal of Biden-era actions, EPA and the Department of the Army have jointly proposed an anticipated new “Waters of the U.S.” (WOTUS) rule that would reduce the universe of waters covered by federal Clean Water Act requirements. The agencies highlight that the intent is to give businesses and property owners a clearer understanding of when federal permits are required for construction and development.

Solvents Uncertainty – EPA Delays Key TCE Requirements Again Amid Ongoing Litigation: EPA has delayed major parts of the Biden-era 2024 TCE rule for a fourth time, meaning no new compliance obligations will take effect for critical-use applications until at least February 17, 2026. The agency is arguing that the rule extension is necessary while federal courts sort out the broad legal challenges to the rule.

Restrictions Likely Ahead – Canada Will Consider Options for Regulating “Highest Risk” Substances Next Year: Canada’s key regulatory agencies – Health Canada and Environment & Climate Change Canada (ECCC) – have posted the federal government’s implementation schedule for the modernized Canadian Environmental Protection Act (CEPA), along with the timing of planned and completed public consultations which include potential restrictions on “highest risk” substances.

For more details on these topics, see more below:

_______________________

Supply Chain: Department of Interior Adds Copper, Silver, Lead and Others to the U.S. Critical Minerals List

In early November, the U.S. Geological Survey (USGS), acting through the Secretary of the Interior, released the final 2025 List of Critical Minerals. In announcing the update, USGS reiterated that critical minerals are those “essential to the economy or national security of the United States” and whose supply chains are vulnerable to disruption. The agency emphasizes that mineral criticality changes over time and therefore the 2025 list is not permanent. USGS will update the list at least biannually going forward based on new data, supply concentration, and policy priorities.

Addition of 10 New Critical Minerals Brings Total to 60

The final 2025 List includes 60 minerals, revising the list last published in 2022. The new list contains all 50 critical minerals from the 2022 List, plus an additional 10 critical minerals. The newly added minerals – identified by USGS as boron, copper, lead, metallurgical coal, phosphate, potash, rhenium, silicon, silver, and uranium – were included based on updated supply-chain risk assessments, public feedback on the draft list, and federal interagency recommendations outlined in the announcement.

Tool to Assess Vulnerabilities, Potential Assistance

The Federal Register notice underscores that the critical minerals designation serves as the federal government’s authoritative tool for assessing mineral availability, import reliance, and potential vulnerabilities in production and processing. It does not impose any new regulations. Publication of the 2025 list completes the required review cycle and establishes the official mineral set that will guide federal supply-chain and national-security assessments and other actions for the near term.

Deregulation: EPA Advancing Major Rules Changes for Chemicals, Metals

The agency has proposed significant revisions to how it conducts chemical risk evaluations under the primary federal chemicals management law – the Toxics Substances Control Act (TSCA). The initiative aims to reverse core elements of the much more restrictive Biden-era 2024 chemicals rule and return to a more targeted, favorable approach for industry. In its announcement, EPA explains that the proposed framework is intended to more efficiently and effectively protect human health and the environment while adhering to TSCA’s statutory requirements.

Applies to All Actions Still in Progress

The proposal would apply to all risk evaluations still in progress at EPA, positioning it to affect every future TSCA decision that impacts manufacturers and downstream users. A central element of the proposal is EPA’s plan to abandon the 2024 so-called “whole chemical” approach. Under that rule, EPA issued one single risk determination for an entire chemical, even if only one use out of a range of different uses in an industrial or other setting posed concern.

This structure can include low-exposure, well-controlled industrial uses in a broad “unreasonable risk” determination based on unrelated consumer or specialty uses. The agency’s new proposal restores the original TSCA approach, which makes separate risk determinations for each “condition of use,” and allows the agency to consider real-world workplace protections such as personal protective equipment and engineering controls when evaluating those specific industrial uses.

Consequential Shift Would Be Favorable to Industry

For manufacturing operations, including metal finishing, this shift is consequential. The use-by-use approach allows EPA to determine that a chemical used with controls in place may present “no unreasonable risk” – even if the same chemical has high-risk uses elsewhere in the economy. Experts see this targeted framework as a major improvement for regulatory certainty and for avoiding unintended restrictions on widely used chemistries.

Deregulation: EPA & Army Corps of Engineers Propose New Clean Water Act Permitting Rules for Business

In another reversal of Biden-era actions, EPA and the Department of the Army jointly proposed a new “Waters of the U.S.” (WOTUS) rule this past month that would reduce the universe of waters subject to federal authority under the Clean Water. The agencies highlight that the intent is to give businesses and property owners a clearer understanding of when federal permits are required for construction, development and related land-use activities.

Reducing Uncertainty, More Predictability

For manufacturers and companies planning projects or site improvements, the proposal is aimed at reducing uncertainty and limiting unexpected federal reviews during construction and expansion. Industry and agriculture groups in Washington broadly agree that the rule will likely create a more predictable system and clearer lines to make it easier for businesses to plan investments without running into shifting interpretations of federal jurisdiction.

Exclusions and Alignment with Supreme Court

The proposal also reaffirms several important, longstanding exclusions, including exclusions for many constructed ditches, groundwater and other water features. Clarifying these exclusions is intended to help companies avoid unnecessary permitting steps and focus compliance efforts on areas where federal requirements clearly apply.

EPA chief Lee Zeldin, in announcing the proposed rule on November 17, emphasized that the proposal seeks to align the agency’s regulatory authority with recent Supreme Court rulings as well as to reduce the back-and-forth changes businesses have faced with interpretations changing with each administration. NASF will continue evaluating the proposal and its implications for member companies.

Solvents: EPA Delays Key TCE Rule Requirements While Courts Sort Out Challenges

EPA has delayed major parts of the Biden-era 2024 TCE rule for a fourth time, meaning no new compliance obligations will take effect for critical-use applications until at least February 17, 2026. The agency is arguing that the rule extension is necessary while federal courts work through the broad legal challenges to the rule.

EPA Planning to Revise the Rule

For companies that rely on TCE for specialized or hard-to-replace functions, postponing the rule will keep the rule’s tight workplace controls and phaseout timelines on hold. Industry has argued that these provisions in the rule, particularly the 200-ppb workplace exposure limit, are effectively a ban on essential industrial uses. In the meantime, EPA has already announced plans to rewrite the entire TCE rule, a process that could last 18–24 months.

Litigation Unresolved for Now

The litigation remains unresolved, and a federal appeals court has not yet decided on next steps for resolution. Environmental groups oppose the delay, while some industry representatives support a pause only if the court first blocks the rule’s strict exposure limits for certain specialized industrial uses.

In the meantime, EPA has requested that the litigation be paused. Until the court rules, companies should expect continued uncertainty but no new compliance steps in the immediate term. NASF will continue to monitor developments on these and other solvent issues as EPA’s rule revisions and court action continue.

Restrictions Possible Ahead: Canada Implementing Chemicals Regulations under Revamped Environmental Law

Canada’s key environmental regulatory agencies – Health Canada and Environment & Climate Change Canada (ECCC) – are still planning to engage with industry and the public likely early next year to implement new regulatory provisions from the Canadian Parliament’s recent overhaul of the Canadian Environmental Protection Act (CEPA).

Focus on Substances of Highest Risk, Metals and Chemicals

The agencies have announced several areas of consultation to discuss proposals and options, including a forthcoming discussion document for “toxic substances of highest risk” regulations. While the consultations have not yet begun, this is one of the primary regulatory review actions slated for action in 2026.

As there will be attention given to certain metals and chemicals used in the finishing industry, NASF will continue monitoring as action gets underway. Decisions to modify Canada’s chemical management framework will have ramifications at the U.S. federal and state levels.

NASF 1000

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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Legislative and State Regulatory Updates Update on significant legislative and regulatory issues from 2025 as we enter the second part of the legislative session.

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Legislative and State Regulatory Updates
Update on significant legislative and regulatory issues from 2025 as we enter the second part of the legislative session.