Here's the scenario: You are drafting the master specification for a commercial chiller plant. You have dialed in the efficiency requirements, confirmed the mechanical room ventilation rates, and verified the venting clearances. You may not be thinking about the microscopic chemical makeup of the internal O-rings or the thread sealant on the chilled water lines. But, thanks to a wave of state-level environmental regulations, the chemical composition of the equipment is becoming a critical part of the U.S. regulatory framework.

The push to regulate per- and polyfluoroalkyl substances—commonly known as PFAS—has officially shifted from a municipal water treatment issue to a direct supply chain mandate. States are actively pioneering comprehensive regulations that target intentionally added PFAS in manufactured goods. New Mexico's proposed 20.13.2 NMAC rule, developed under the state's PFAS Protection Act, serves as a highly detailed prototype for how regulators plan to track and restrict these materials. The draft rulemaking establishes a phased prohibition on products containing intentionally added PFAS, starting with specific categories in 2027 and 2028, and culminating in a broad ban by 2032 unless a product secures a "currently unavoidable use" designation. During the New Mexico Environmental Improvement Board's February 23-26, 2026 public hearings, the agency gathered feedback and heard expert testimony from stakeholders to inform their final rulemaking activities. Industry groups representing many manufacturers across many industry segments, from toys to building materials to cars, are closely watching New Mexico, explicitly recognizing that its framework, alongside initiatives in Maine and Minnesota, sets a precedent that could fragment national supply chains and alter how plumbing and mechanical products are manufactured, specified, and installed nationwide.

For a refresher on per- and polyfluoroalkyl substances, known as PFAS and "Forever Chemicals," I invite you to review my previous columns:

• PFAS: A Growing Concern
• Forever Chemicals in the News
• Understanding United States (U.S.) State-Level PFAS Legislation
• PFAS In the EU: A Look At the EU's Transparent Regulatory Process
• and Revisiting "forever chemicals": EPA updates TSCA PFAS reporting rules

For those seeking clarity, call us at Regulosity. Our team specializes in detailed and personalized assessments to help you navigate and engage with the complexities of the regulatory framework.

The chemistry of compliance

PFAS is a massive category encompassing thousands of different chemicals. The highly soluble compounds making environmental headlines are chemically distinct from the solid, stable fluoropolymers that many industries rely on. Materials like polytetrafluoroethylene (PTFE)—used for heavy-duty gaskets in a chemical waste system or as a basic thread sealant on a gas line—are vital for watertight, chemical-resistant connections. According to toxicologists, fluoropolymers are large, stable, and insoluble, meaning they do not present the same environmental mobility or bioaccumulation concerns.

Regulators are working to recognize this chemical reality. New Mexico's proposed rule specifically exempts heating, ventilation, air conditioning, and refrigeration equipment, provided that the equipment uses refrigerants approved under the EPA's Significant New Alternatives Policy (SNAP) program. The statute also explicitly exempts certain solid fluoropolymers. That means your packaged rooftop units and VRF systems are not facing an outright sales ban. Instead, the regulatory intersection centers on the complex tracking and labeling requirements associated with the equipment we manufacture, specify, or install.

The labeling and testing intersection

The state's draft rule defines a "complex durable good" as a manufactured product with an intended useful life of five or more years and 100 or more components. Under the proposed rulemaking, the operation and maintenance manual shipped with these complex plumbing or mechanical products may have to include a complete list of components containing intentionally added PFAS, detailing their exact locations within the equipment.

This presents a unique logistical challenge. Most manufacturers source their internal electrical and mechanical components from a global network of suppliers. Tracing the exact chemical makeup of every subcomponent in a variable-frequency drive or a commercial boiler to satisfy a state-specific manual requirement is incredibly data-intensive. Furthermore, industry representatives note that many internal components, like wire insulation or sealed relays, present no plausible exposure pathway to consumers, making the value of tracking them questionable.

The enforcement mechanism could add technical complexity. If a New Mexico Inspector tests a product using a commercially available analytical method and finds total fluorine at a concentration above 100 parts per million, it would create a "rebuttable presumption" that PFAS was intentionally added. The manufacturer would then have 30 days to prove that the PFAS was not intentionally added, or it would trigger heavy reporting requirements and potential sales prohibitions. Total Organic Fluorine (TOF) testing measures aggregate fluorine content, potentially capturing fluoropolymers or non-PFAS fluorinated compounds rather than identifying specific regulated chemicals. 30 days is a remarkably tight window for conducting targeted testing and identifying trace levels of chemicals across an international supply chain to successfully rebut a "presumption."

Shaping the final rules

Fortunately, this is an active regulatory process, and industry groups are heavily engaged in the hearings to ensure the final rule is both protective and practical. Manufacturers are urging New Mexico to harmonize its PFAS concentration reporting ranges with those already finalized in states like Minnesota to reduce duplicative administrative burdens. They are also advocating for the "currently unavoidable use" designations to last for a minimum of 5 years, similar to Maine's regulations, rather than the proposed 3 years, recognizing that re-engineering complex products takes substantial time. Furthermore, industry representatives are requesting that products statutorily exempted from the bans—like solid fluoropolymers and SNAP-compliant HVAC equipment—also be explicitly exempted from state-specific labeling requirements to prevent consumer confusion.

These state-level hearings are drafting the blueprint that will reshape product documentation and compliance nationwide. Manufacturers cannot economically design one set of compliant equipment and literature for one state, such as New Mexico, and a different set for another state. You need to prepare for the reality that the plumbing and mechanical products you manufacture, specify, or install will soon require a new layer of chemical disclosures. Chemistry can be debated and methods adjusted, but the detailed tracking of the microscopic makeup of plumbing and mechanical systems may simply become a new reality.