Catherina Narigon Quoted in Inside E.P.A. Article “Optimistic Industry Groups Ramp Up Advocacy For PFAS Reporting Waivers”

On September 19, 2025, comments by Catherina D. Narigon, Associate with B&C, were featured in Inside EPA’s article regarding perfluoroalkyl and polyfluoroalkyl substances (PFAS) reporting waivers.

Catherina Narigon, an associate with industry law firm Bergeson & Campbell, believes EPA will still impose some reporting requirements that industry may find burdensome. “My gut feeling is EPA will come out with revisions that are more conservative than what businesses may want,” Narigon told Inside PFAS Policy.

“I think EPA revisions to account for industry requests will lean on the conservative side because EPA is tasked with balancing a wide range of interests (as well as legal requirements). Significant substantive changes at this point take more work both to justify and to implement, and there are likely compromises and concessions for the more administrative components of the proposed Rule that EPA can make that will appease some industry concern.”

For example, Narigon said, EPA may instead focus on certain industry requests to simplify the Central Data Exchange (CDX) reporting procedures.

“I could see EPA giving some leeway there,” Narigon said. “But as far as the actual substantive requirements go, I’m not sure what the extent of the revision will be, but I would be surprised if it were substantial.”

The lawyers agree, however, that it appears unlikely at this stage that EPA will be able to amend the lookback period in the rule of 2011 to 2022.

Narigon emphasized, “Internally, we are a little dubious about how many entities in the regulated communities can meet that lookback period. The idea that perfect record keeping has occurred in the format and to the extent needed to satisfy all these requirements is a big question mark. I think that there is a pretty good argument to shorten that lookback period, just in terms of ability to comply.”

But she added, “With how close to that reporting deadline we are, it would have to get in through some sort of congressional amendment.”

With the latest delay from the Trump EPA, the reporting period will begin April 13, 2026, and end Oct. 13, 2026.

“I don’t know if there’s time to start a full-fledged action to change that,” Narigon continued. “So, I think if nothing pops up in the next couple of months, it’s not going to happen.”

“If EPA were to seek a legislative change to amend the lookback period, it would probably have to try and tack language onto an existing bill versus finding a sponsor to propose language to change the date, or some other more ‘formal’ effort.”