On May 18, the U.S. Environmental Protection Agency (EPA) released two new proposals impacting compliance with the agency’s National Primary Drinking Water Regulation (NPDWR) for per- and polyfluoroalkyl substances (PFAS).
The new proposals are the Extending the Compliance Deadline for the PFAS National Primary Drinking Water Regulation and the Rescission of Regulatory Determinations and Removal of Related Provisions for Four PFAS Substances (PFHxS, PFNA, HFPO-DA (GenX), and the mixture of these three PFAS plus PFBS).
Background
On April 10, 2024, EPA finalized a National Primary Drinking Water Regulation (NPDWR), which established Maximum Contaminant Levels (MCLs) for PFAS. The final rule regulates two of the most common PFAS — perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) — to MCLs of 4 parts per trillion (ppt).
Initially, public water systems had five years (by April 2029) to implement solutions to reduce PFAS if monitoring showed that drinking water levels exceeded these MCLs.
The final rule also regulates PFHxS, PFNA, GenX to 10 ppt and will mandate water systems to measure for a mixture of at least two of the four chemicals PFHxS, PFNA, GenX and PFBS using a hazard index.
EPA finalizes highly-anticipated rule to regulate PFAS in drinking water
The NPDWR has created major financial challenges for the water sector. The regulation, which had been in development for years, drew pushback from the water sector over the cost increases it would likely impose on utilities and ratepayers.
The American Water Works Association (AWWA) and Association of Metropolitan Water Agencies (AMWA) both suggested EPA may have gone too far in the rulemaking. Final to the rule being finalized, AWWA said that standards of 10 ppt for PFOA and PFOS were more appropriate.
EPA has previously estimated that between about 6% and 10% of the nation’s 66,000 public drinking water systems subject to this rule may have to take action to reduce PFAS to meet the new standards.
New Proposals
The first of the newly proposed rules on Monday, if finalized, would continue supporting the federal drinking water standards for PFOA and PFOS but establishes an opt-in process through which eligible drinking water systems may apply for up to two additional years — until 2031 — to come into compliance with enforceable limits.
The extension would not be automatic. Drinking water systems that wish to receive additional time would need to affirmatively seek the extension and meet specific criteria EPA will set out in the final rule. Systems that do not opt in would remain subject to the original 2029 compliance deadline. EPA said this approach ensures that systems prepared to meet 2029 are not slowed down, while systems facing legitimate implementation hurdles have a transparent, accountable path to additional time.
The second proposed rule, if finalized, would address some legal concerns under the Safe Drinking Water Act (SDWA) for the other contaminants. EPA claims that the agency under the Biden administration failed to follow process for public comment when establishing regulations for PFHxS, PFNA, GenX chemicals and the hazard index of these three plus PFBS.
The newly proposed rule will accept comments on whether the previous regulation did not adhere to the procedural and substantive requirements the statute imposes, leaving it legally vulnerable and creating implementation uncertainty for water systems.
EPA noted that if the second proposal is finalized, the Trump EPA would move forward with evaluating the contaminants for regulation under the SDWA. The agency added that while it cannot pre-determine the outcome of that rulemaking, it is possible that the result could be even more stringent requirements.
Reaction
AWWA) CEO David LaFrance and AMWA CEO Tom Dobbins released the following joint statement on the proposals:
“AWWA and AMWA share the U.S. Environmental Protection Agency’s goal of protecting people from potentially harmful levels of PFAS in drinking water.
“Water utilities are actively addressing PFAS in their communities, and successful solutions depend on careful planning, sound engineering, and affordability for each impacted community. Providing adequate time to research options, select the best approach based on local circumstances, and implement necessary infrastructure and equipment upgrades is the right path to long-term success.
“At the same time, it is essential that drinking water regulations are developed within the rigorous, science-based framework established under the Safe Drinking Water Act.
“EPA’s new proposals will provide an opportunity for meaningful public input and ultimately lead to more scientifically robust drinking water standards. AWWA and AMWA’s goal has always been to help the agency arrive at a regulation that protects water consumers from PFAS, is grounded in science, and is affordable to implement nationwide. We remain committed to this outcome.”
Next Steps
The two proposed rules will be published in the Federal Register with a 60-day public comment period, and EPA will hold a public hearing on July 7, 2026. EPA said it encourages robust participation in this process as it works to protect Americans from PFAS exposure in the most effective way possible.
Source/s: EPA, AWWA, AMWA
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