On May 14, 2025, Lee Zeldin, the U.S. Environmental Protection Agency Administrator, announced the agency will retain its current National Primary Drinking Water Regulations for two of the most studied per and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). With this announcement, the agency provided a roadmap as to its intention to continue protecting public health from these so called “forever chemicals” while introducing new regulatory flexibility aimed at the compliance burden for drinking water systems, particularly small and rural water systems.

While some have mischaracterized this as a roll back from what the Biden Administration had announced, most in the environmental industrial complex have commended the agency for balancing science based health protections with regulatory pragmatism. The EPA’s decision reflects a reprioritized agency commitment to safeguarding drinking water, honoring the rule of law, and targeting the actual sources of PFAS contamination (.. a dramatically different approach to the environment than the prior Administration).

It is important to appreciate that preliminary sampling by EPA found that average PFOA concentrations exceeded the 4 ppt Biden Administration standard in 6% of the water systems and PFOS exceeded the standard in 7.2% of the systems. Significantly, none of the PFAS standards EPA plans to withdraw were exceeded in more than 0.6% of systems.

Those statistics are significant against the backdrop of the peer reviewed 2020 study cited approvingly by the EPA that describes 99.7% of Americans having detectable PFAS in their blood! So, when the horses have left the barn, new regulations after the fact may not only be costly but also ineffective.

Understanding the Legal Landscape

PFAS are a class of synthetic chemicals that have been widely used for decades in industrial applications and consumer products due to their resistance to heat, water, and oil. However, these same properties render them highly persistent in the environment and the human body. Mounting scientific evidence has linked PFOA and PFOS to adverse health effects, prompting regulatory scrutiny.

The Safe Drinking Water Act vests EPA with the authority to establish Maximum Contaminant Levels for contaminants in public water systems. As we blogged about at the time, in April 2024, the agency finalized legally enforceable MCLs for PFOA and PFOS and set a compliance deadline for public water systems by 2029. Administrator Zeldin’s May 2025 announcement confirms those limits will remain unchanged, for now, while additional flexibility will be offered through future rulemaking.

For the cynical, this announcement can be seen as the EPA response to American Water Works Association, et al. v. EPA, a lawsuit challenging the Biden National Primary Drinking Water Regulation for PFAS, arguing that the agency did not follow the required process of the Safe Drinking Water Act in developing the regulation. The case is currently ongoing, with the court granting additional time for EPA to evaluate MCLs for PFAS and the new rules announced will cure the alleged legal defect in the process of the 2024 rules.

Key Takeaways from the EPA’s Announcement

1. Current Limits for PFOA and PFOS Remain in Place
   EPA is not revising the MCLs for PFOA and PFOS established in 2024. These standards are based on robust scientific risk assessments and remain legally enforceable under the SDWA.
2. Extended Compliance Timelines
   Acknowledging infrastructure and funding challenges, EPA will propose extending the compliance deadline from 2029 to 2031. This two year extension offers critical breathing room for utilities and private businesses developing treatment plans or undertaking capital projects.
3. Introduction of PFAS OUTreach Initiative
   EPA will roll out a new PFAS OUT program to assist water systems, especially in underserved communities, with education, technical assistance, and access to federal funding. But expect a cessation of federal funding to states that get ahead of or otherwise out in front of this scenario. This initiative aims to ensure no community is left behind as the regulatory framework evolves.
4. A Focus on Regulatory Integrity and Legal Process
   The agency will reconsider the regulatory determinations for additional PFAS compounds (PFHxS, PFNA, HFPO-DA/GenX, and PFBS) that were initially bundled under a Hazard Index. This step ensures that future regulations are based on individualized scientific assessments and are legally defensible under the SDWA.
5. Polluter Accountability
   Importantly, the EPA reaffirms that water systems are passive receivers of contamination and should not bear the financial burden of cleanup. The agency pledges to use enforcement tools, including effluent limitation guidelines and coordination with the Department of Justice, to hold polluters accountable.

Implications for Water Systems and Industry

From a legal and operational standpoint, this announcement delivers a significant win for public water systems and private owners of water systems. By providing additional time for compliance and recognizing the distinct challenges faced by smaller utilities, EPA is demonstrating a regulatory approach that is both firm and fair.

For industry stakeholders and polluters, however, the message is clear: the regulatory noose is tightening. With enforcement mechanisms in place and growing public demand for clean water, companies must take proactive measures to address legacy and ongoing PFAS discharges. Legal counsel should review client operations for potential exposure under the Clean Water Act, RCRA, CERCLA (pending final PFAS designation), and state tort regimes.

Looking Ahead

As environmental regulations around PFAS continue to evolve, water systems, industries, and municipalities must remain vigilant. Key next steps include:

• Monitoring EPA’s forthcoming rulemaking this fall to extend the compliance deadline to 2031.
• Engaging with the PFAS OUTreach Initiative for support and funding.
• Evaluating potential liability exposure under federal and state PFAS and other statutes.
• Participating with states’ rulemaking to make certain they do not get ahead of the science or the new federal 2031 compliance deadline.

The regulatory terrain for PFAS is dynamic, complex, and politically charged. With bipartisan support and a growing body of scientific evidence, PFAS regulation is coming (.. and it should be). But with clarity, flexibility, and stakeholder engagement, the EPA is signaling that progress can be made without imposing unreasonable burdens on water systems or the stakeholders they serve.

Conclusion

In summary, EPA’s decision to maintain the current limits for PFOA and PFOS while extending compliance deadlines represents a prudent recalibration of the agency’s regulatory approach and the concomitant efforts by states. It affirms public health protections without undermining the operational realities of water utilities. At the same time, the agency’s renewed focus on polluter accountability could lead to significant legal developments in the coming years. Stakeholders would be well advised to prepare.

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