On May 14, 2025, EPA announced its intent to rescind the national drinking water standards for hexafluoropropylene oxide dimer acid (HFPO-DA or GenX), perfluorononanoate (PFNA), and perfluorohexanesulfonic acid (PFHxS), as well as the hazard index used to evaluate the combined risk of those compounds and perfluorobutane sulfonic acid (PFBS). These Maximum Contaminant Levels (MCLs) were finalized in April 2024 under the prior administration. EPA says it will reconsider the regulatory determinations “to ensure that the determinations and any resulting drinking water regulation follow the legal process laid out in the Safe Drinking Water Act” (SDWA).
Articles Posted in Environmental Protection Agency (EPA)
EPA Issues Second Extension of PFAS Reporting Timeline Under TSCA Section 8(a)(7)
On May 12, 2025, EPA announced that it will again revise the reporting timeline for manufacturers of per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The data submission window will now open on April 13, 2026 and close on October 13, 2026, replacing the previous window of July 11, 2025 to January 11, 2026. For small manufacturers reporting exclusively as article importers, EPA’s interim final rule provides an alterative end date of April 13, 2027—a change consistent with Administrator Zeldin’s call to not “overburden[] small businesses and article importers.”
EPA’s PFAS Strategy Evolves Amid Continued Regulatory, Legislative, and Litigation Uncertainty
While the Trump administration’s PFAS policy framework is beginning to take shape, uncertainties remain across the regulatory, litigation and legislative fronts. On April 28, EPA Administrator Lee Zeldin announced a set of PFAS-related actions outlining a coordinated regulatory approach to addressing PFAS contamination. However, the Agency’s only two finalized PFAS rules—both issued during the Biden administration—remain stayed in federal court, and it still unclear whether the current Administration will defend, revise or withdraw them. At the same time, congressional interest appears to be intensifying. On May 1, a bipartisan PFAS Task Force was relaunched in the House of Representatives, signaling renewed legislative focus on PFAS policy.
Court Grants Additional 30-Day Pause in PFAS Drinking Water Rule Litigation
On April 10, 2025, at the request of the Environmental Protection Agency (EPA), the U.S. Court of Appeals for the District of Columbia Circuit extended the stay by 30 days in American Water Works Association, et al. v. EPA, No. 24-1188 (D.C. Cir. 2024) to give new leadership time to evaluate the maximum contaminant levels (MCLs) established for six PFAS under the Safe Drinking Water Act. 89 Fed. Reg. at 32,532-33; 40 C.F.R. §§ 141.900-905. The court had previously granted EPA’s February 7 request for a 60-day stay to allow for initial review of the rule. The EPA has until May 12, 2025, to file future motions in the MCL challenge.
Congressional Allocation Signifies EPA Intent to Maintain the One-Time PFAS Reporting Rule Under TSCA Section 8(a)(7)
Recently, Congress allocated approximately $17 million in EPA’s fiscal year 2025 budget to modernize outdated technical systems and accelerate chemical reviews which may help resolve ongoing concerns about the functionality and security of the agency’s Central Data Exchange (CDX), a key platform supporting the TSCA program (Sec. 1801(7) of H.R. 1968).
House Republicans Seek to Rescind Late-Term EPA Rule Curtailing PFAS Exemptions for New Chemicals
House Republicans have introduced a joint resolution under the Congressional Review Act (CRA) to nullify a rule issued by the Environmental Protection Agency (EPA) late in the prior administration. The rule narrowed the availability of expedited review pathways for certain new chemical substances—including per- and polyfluoroalkyl substances (PFAS)—under the Toxic Substances Control Act (TSCA). The resolution, H.J.Res.76, introduced by Reps. Clay Higgins (R-LA) and William Timmons (R-SC), seeks to nullify EPA’s December 2024 rulemaking, Updates to New Chemicals Regulations Under the Toxic Substances Control Act (89 Fed. Reg. 102773).
EPA Signals Potential PFAS Policy Pivot Under New Administrator
In March, EPA Administrator Lee Zeldin addressed top state environmental officials, highlighting the Agency’s priorities for the year ahead. Without committing the EPA to an official stance, Zeldin reaffirmed his commitment to “cooperative federalism” by engaging with states on environmental challenges ranging from per- and polyfluoroalkyl substances (PFAS) to permitting reform at the Environmental Council of States Spring Meeting. At the meeting, Zeldin told state officials the EPA is in the process of figuring out how to best address concerns coming from water utilities regarding the timing and funding of the substantial infrastructure investment required to meet the Biden-era PFAS standards.
Court Approves 60-Day Stays in Legal Battles over Biden-Era PFAS Regulations amid Administration Shift
In a move that signals potential policy shifts under the new administration, the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s requests for 60-day stays in two high-profile cases challenging Biden-era PFAS regulations. The stays, issued on February 7 and February 25, 2025, temporarily pause litigation over EPA’s maximum contaminant levels (MCLs) for several per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act and the agency’s designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Both stays were requested by the EPA and its new administrator, Lee Zeldin, as the second Trump administration appears to be reassessing its approach to PFAS regulation. The move raises questions about whether the administration will revise or rescind these regulations.
EPA Issues Proposed Rule Adding New PFAS to the Toxics Release Inventory (TRI)
On October 1, 2024, the U.S. Environmental Protection Agency (EPA) proposed to add 16 individual per- and polyfluoroalkyl substances (PFAS) as well as 15 PFAS categories, representing over 100 PFAS to the Toxics Release Inventory (TRI) under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). This proposal would be a significant expansion to the database. EPA is also proposing to set a reporting threshold of 100 pounds for manufacture, processing and other uses, consistent with previously set PFAS TRI reporting requirements. As proposed, all the PFAS in one category would count toward the 100-pound threshold of a given category. Last, the proposal aims to clarify how PFAS are automatically added to the TRI under the National Defense Authorization Act for Fiscal Year 2020 (NDAA) by clarifying how EPA finalizes toxicity values.
EPA Gathering Information for Another Possible TSCA Section 6 Rulemaking
On September 30, 2024, the U.S. Environmental Protection Agency (EPA) issued a notice seeking comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS) during the fluorination of high-density polyethylene (HDPE), which is used to produce plastic containers used for various household consumer, commercial and industrial products. The notice marks the latest step in EPA’s attempt to regulate plastic fluorination and potential concurrent PFAS contamination under Section 6 of the Toxic Substances Control Act (TSCA).