PFAS Observer
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.
EPA Administrator Announces Major EPA Actions to Address PFAS Contamination
Administrator Zeldin’s announcement outlined several regulatory, enforcement, and funding initiatives aimed at addressing PFAS contamination focused on three broad objectives: (1) strengthening the science behind PFAS detection and management, (2) fulfilling existing statutory obligations, and (3) building partnerships with states and tribal authorities.
The plan includes the designation of an agency-wide PFAS lead within EPA, development of updated testing and disposal methods, creation of new effluent limitations guidelines (ELGs), and expansion of the PFAS listing on the Toxic Release Inventory (TRI). The Agency also stated its intent to work with Congress and industry “to establish a clear liability framework that operates on polluter pays and protects passive receivers.”
While the announcement included use of existing and expanded tools under the Toxic Substances Control Act (TSCA), the Safe Drinking Water Act (SDWA), the Clean Water Act (CWA), and the Resource Conservation and Recovery Act (RCRA), it did not propose any action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), nor did it revisit its 2024 designation of PFOA and PFOS as CERCLA hazardous substances.
Administrator Zeldin emphasized that these measures represent “the first, not the last” actions the Administration will take on PFAS.
The full list of actions announced fall under three main categories:
Strengthening the Science
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- Designate an agency lead for PFAS to better align and manage PFAS efforts across agency programs
- Implement a PFAS testing strategy under Toxic Substances Control Act (TSCA) Section 4 to seek scientific information informed by hazard characteristics and exposure pathways
- Launch additional efforts on air related PFAS information collection and measurement techniques related to air emissions
- Identify and address available information gaps where not all PFAS can be measured and controlled
- Provide more frequent updates to the PFAS Destruction and Disposal Guidance—changing from every three years to annually—as EPA continues to assess the effectiveness of available treatment technologies
- Ramp up the development of testing methods to improve detection and strategies to address PFAS
Fulfilling Statutory Obligations and Enhancing Communication
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- Develop effluent limitations guidelines (ELGs) for PFAS manufacturers and metal finishers and evaluate other ELGs necessary for reduction of PFAS discharges
- Address the most significant compliance challenges and requests from Congress and drinking water systems related to national primary drinking water regulations for certain PFAS
- Determine how to better use RCRA authorities to address releases from manufacturing operations of both producers and users of PFAS
- Add PFAS to the Toxic Release Inventory (TRI) in line with Congressional direction from the 2020 National Defense Authorization Act
- Enforce Clean Water Act and TSCA limitations on PFAS use and release to prevent further contamination
- Use Safe Drinking Water Act authority to investigate and address immediate endangerment
- Achieve more effective outcomes by prioritizing risk-based review of new and existing PFAS chemicals
- Implement section 8(a)7 to smartly collect necessary information, as Congress envisioned and consistent with TSCA, without overburdening small businesses and article importers. Note, on May 12, 2025, EPA extended the reporting deadline by nine months to October 13, 2026 for most businesses and April 13, 2026 for small businesses that only import PFAS in articles.
- Work with Congress and industry to establish a clear liability framework that operates on polluter pays and protects passive receivers
Building Partnerships
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- Advance remediation and cleanup efforts where drinking water supplies are impacted by PFAS contamination
- Work with states to assess risks from PFAS contamination and the development of analytical and risk assessment tools
- Finish public comment period for biosolids risk assessment and determine path forward based on comments
- Provide assistance to states and tribes on enforcement efforts
- Review and evaluate any pending state air petitions
- Resource and support investigations into violations to hold polluters accountable
Still on Hold: Litigation Challenging EPA’s 2024 PFAS Rules Remains in Abeyance
EPA’s two existing PFAS rules remain in legal limbo. In American Water Works Association v. EPA, No. 24-1188 (D.C. Cir. 2024), industry petitioners challenge EPA’s rule establishing the first national drinking water standards for six PFAS compounds under the SDWA. In Chamber of Commerce of the United States of America v. EPA, No. 24-1193 (D.C. Cir. 2024), industry groups contest EPA’s designation of PFOA and PFOS as CERCLA hazardous substances.
Both cases are currently stayed at EPA’s request, to give new leadership time to review the challenged rules and determine whether to retain, revise, or rescind them. EPA has requested to extend the stay in American Water Works, which was set to expire on May 12, for 21 days, until June 2. Its motion, which was unopposed, cited the EPA’s April 28 announcement and its intent to address challenges and requests related to the drinking water regulation at issue. In Chamber of Commerce, which is stayed until May 30, EPA advised the court that it may take further action that could render the challenge moot, but has not indicated what form that action might take.
The April 28 announcement left open whether the Agency will continue defending either rule, and Administrator Zeldin’s remarks did not directly address their status. As the stay deadlines approach, stakeholders are watching closely to see if EPA’s new leadership will modify its approach—or reaffirm it. On May 13, 2025, the Washington Post published an article indicating that EPA would keep the MCLs for PFOA and PFOS but would strive to rescind the MCLs instituted for other PFAS as part of the same rulemaking: PFHxS, PFNA and GenX, and a mix of these chemicals plus PFBS. Any such move, which EPA has not formally announced, would likely precipitate litigation in view of the SDWA’s anti-backsliding provision, which prohibits a relaxing of drinking water standards.
Congressional PFAS Task Force Relaunched
Against this backdrop, bipartisan momentum in Congress has reemerged. On May 1, the Congressional PFAS Task Force was officially relaunched. In his announcement, Representative Fitzpatrick (R-PA), co-chair and founding member, also announced the addition of Reps. Debbie Dingell (D-MI), Jen Kiggans (R-VA) and Kristen McDonald Rivet (D-MI) as co-chairs.
First created in 2019, the Task Force is designed to advance legislative solutions on PFAS-related contamination, drinking water protections, and polluter liability. The Task Force’s stated goals include securing additional funding for PFAS remediation, advancing scientific research, and ensuring that polluters—not taxpayers—bear the cost of cleanup.
Path Forward
EPA’s April 28 announcement reflects Agency’s intent to take a more coordinated—and potentially more expansive—approach to PFAS contamination. Meanwhile, litigation over the Agency’s 2024 rules, which it has yet to take a position on, may resume later this month, and lawmakers are ramping up efforts to propose PFAS legislation.
Companies across the manufacturing, chemical, and water sectors remain in a holding pattern, navigating state enforcement efforts and expanding private litigation while federal policies continue to evolve. For industry, particularly PFAS manufacturers, the current legal landscape remains uncertain. Regulatory and legislative action, while still lacking clarity, are advancing, while state-level enforcement and private litigation continue to expand.
Pillsbury’s PFAS Task Force is closely tracking these developments and is available to assist clients with regulatory compliance, litigation strategy, and risk mitigation across the PFAS legal landscape.
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