The U.S. Environmental Protection Agency (EPA) has announced major changes to two regulations concerning per- and polyfluoroalkyl substances (PFAS). The first is a revamp of Safe Drinking Water Act (SDWA) standards for certain PFAS in drinking water. The second is an update to Toxic Substances Control Act (TSCA) timelines for reporting PFAS use. As we previewed in our April 30 note, these actions are part of a multifaceted effort by the Trump EPA to update the agency's approach to PFAS issues, with likely more to come. This note provides a summary of the changes and how their implementation may proceed in light of certain congressional and judicial scrutiny.
PFAS in Drinking Water
On May 14, the EPA announced its intention to make changes to national drinking water standards regulating certain PFAS. In a press release, the EPA described plans to extend the compliance dates for two PFAS (PFOA and PFOS) but rescind regulations for four other substances pending further EPA consideration.
By way of background, in April 2024, the Biden EPA issued a rule to limit levels of certain PFAS compounds in drinking water. That rule established enforceable maximum contaminant levels (MCLs) for six PFAS compounds: 4 parts per trillion (ppt) for PFOS and PFOA and 10 ppt for four other compounds: PFHxS, PFNA, PFBS, and HFPO-DA (a.k.a. GenX). Compliance with the MCLs was to occur no later than 2029.
In its recent announcement, the EPA said it will extend the compliance date for PFOA and PFOS by two years to 2031. The EPA also announced that it intends to rescind regulations for the other four PFAS compounds and will reconsider how they should be addressed. EPA states that this action is "designed to reduce the burden on drinking water systems and the cost of water bills, all while continuing to protect public health and ensure that the agency is following the law in establishing impactful regulations such as these." The Agency plans to issue a proposed new rule for public comment in fall of 2025 and a final rule in the spring of 2026.
Reaction has been varied—drinking water utilities have been generally positive, as they will benefit from additional time to meet the MCLs for PFOA and PFOS, while environmental and some health groups have raised concerns. The move drew immediate attention from Congress, where EPA Administrator Zeldin faced senators on May 14 who questioned the agency's plans to address PFAS. Zeldin defended the actions as appropriate and reaffirmed his commitment to "fulfill all statutory obligations." We anticipate legal challenges to the new rule, as well as continued attention from Congress in the months ahead.
TSCA Section 8(a)(7) PFAS Reporting
On May 13, the EPA published an interim final rule to amend the data submission period for the TSCA Section 8(a)(7) PFAS reporting rule. Under that rule, manufacturers (including importers) are to electronically report information regarding PFAS uses, production volumes, disposal, exposure, and hazards for activity beginning in 2011. Reporting was originally to occur over a six-month window beginning in November 2024 but was delayed to July 2025 and is now being reset to April through October 2026. Small manufacturers have until April 2027 to file their reports. EPA states this latest adjustment is to allow for sufficient time to develop and validate the software needed to receive the required data.
Of note, the Federal Register notice states that at this time the only change to the Section 8(a)(7) rule is the data submission dates. However, the notice also states the EPA "intends to issue a separate notice of proposed rulemaking in the near future that will, among other things, allow for further comment on the appropriate reporting period." Just as importantly, the EPA indicated that more substantive changes to TSCA reporting could occur: "the Agency may, in a future separate action, reopen other aspects of this rule for public comment in light of Executive Order 14192: Unleashing Prosperity through Deregulations (90 FR 9065, January 31, 2025)."
When Congress created TSCA 8(a)(7) in 2019 by statute, it specified that reporting was to cover actions since January 2011. Any change to the covered reporting period sought by EPA would likely need action by Congress. The Agency has signaled interest in actions to reduce the regulatory burden, particularly on small businesses, including in its April 28 press release: "Implement section 8(a)(7) … without overburdening small businesses and article importers," a possible reference to a de minimis exemption or other modification to the reporting requirement.
What Happens Next?
Stakeholders should remain focused on how the EPA moves forward on PFAS matters. The Agency, as it laid out in its April 28 announcement, will continue to evaluate the suite of PFAS rules and regulations as it looks to create its own path forward. In addition to the expected drinking water rules previewed above, announcements are also expected regarding the 2024 hazardous substance designation of PFOA and PFAS under CERCLA and other measures under consideration. Congress continues to discuss PFAS matters, including how best to handle CERCLA liability for "passive receivers," and will most certainly remain actively engaged with the EPA.
All of these regulatory actions, of course, are being litigated by affected parties and the Agency, even as the EPA alters the rules at issue.[1] Those actions (and perhaps new ones) are likely to continue, albeit with new underlying legal and substantive disputes. We anticipate that litigation will continue for the foreseeable future.
Venable will be interpreting developments and tracking them closely. Please do not hesitate to contact us if we can be of assistance or provide further information.
[1] See Chamber of Commerce of the United States of America, et al v. EPA, et al, No. 24-01193 (D.C. Cir. June 10, 2024) (challenging the CERCLA rule); American Water Works Association, et al. v. EPA, et al, No. 24-01188 (D.C. Cir. Jun 07, 2024) (challenging Safe Drinking Water Act rule).