Member DashboardNAFEM reaches out to EPA following visit by members
Following a productive Aug. 4 visit with U.S. Environmental Protection Agency (EPA) staff, NAFEM updated its December 2025 letter requesting a three-year extension beyond the current Jan. 1, 2027 compliance deadline for automatic commercial ice machines (ACIM) to comply with AIM Act HFC phasedown requirements. NAFEM explained to EPA that additional time would help manufacturers ensure compliant equipment is safe, reliable and fully certified; train service personnel; and produce enough equipment to meet market demand without disrupting critical foodservice operations.
EPR updates
- On Aug. 27, a federal upheld Oregon’s extended producer responsibility (EPR) packaging law against a constitutional challenge brought by the National Association of Wholesaler-Distributors (NAW). The court rejected each of NAW’s five arguments. The ruling marks the first federal court decision addressing Commerce Clause and Due Process challenges to a state packaging EPR law and could strengthen efforts to implement and enforce similar laws in other states.
- A 17-state coalition is asking a federal court to temporarily block enforcement of California’s packaging EPR law, SB 54, while its constitutional challenge proceeds. The coalition argues that businesses face significant compliance costs even though California has not finalized key rules for calculating fees or clearly defined some requirements. The request also cites a recent federal court decision blocking California’s SB 343 recycling-labeling requirements that prohibit companies from using the “chasing arrows” symbol or recyclability claims on packaging unless the material is proven to be genuinely recycled in the state. California’s SB 54 regulations took effect May 1, and the lawsuit remains pending. NAFEM members in the state also urged state senators to PAUSE SB 54, which they did not do before adjourning for the remainder of the year.
- U.S. HR 9987 would direct the EPA to study the feasibility of a standardized national database. The database could track recyclable materials, recycling infrastructure capacity, recovery and landfill-diversion rates, areas with limited recycling access and EPR program performance. If the study shows that a nationwide database is feasible, proposed legislation will require the agency to establish and maintain a publicly available, online system.
PFAS updates
- On Aug. 18, the U.S. Court of Appeals for the D.C. Circuit denied industry group petitions and upheld the EPA’s 2024 designation of two perfluoroalkyl and polyfluoroalkyl substances (PFAS) compounds, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Petitioners had argued that the “hazardous substance” designation was contrary to law, the cost-benefit analysis was arbitrary and capricious, and the decision to regulate the substances in the face of uncertainties was arbitrary and capricious.
- The New Mexico Environment Department is seeking comments as part of its review of the PFAS Protection Act and its exemptions, including the fluoropolymer exemption. Comments are due Sept. 17.
- Illinois Gov. Pritsker signed HB 2955, which could make PFAS manufacturers (not defined) responsible for costs associated with monitoring, containing and removing PFAS from wastewater systems, including costs tied to future state and federal requirements. Illinois must appoint members to a PFAS Wastewater Citizen Protection Committee by Sept. 20, including one representative of a statewide manufacturing organization. The committee will evaluate PFAS regulations, mitigation costs and funding options and issue its first PFAS Action Plan by Aug. 21, 2027. The recommendations could lead to future legislation or rulemaking affecting manufacturers.
- The regularly updated Complex Products Manufacturers Coalition (CPMC) spreadsheet includes current and proposed state and federal regulations addressing PFAS.