New announcements surrounding the regulation of per- and polyfluoroalkyl substances (PFAS) continue to dominate the environmental news cycle. Most recently, the announcements focused on the regulation of PFAS under the Safe Drinking Water Act (SDWA).
On May 14, 2025, the United States Environmental Protection Agency (EPA) issued a press release titled, “EPA Announces It Will Keep Maximum Contaminant Levels for PFOA, PFOS.” This announcement was given mixed reviews.
PFAS Limits under the Safe Drinking Water Act
As announced by the EPA, the Maximum Contaminant Levels (MCLs) for two PFAS remain unchanged.
- PFOA (perfluorooctanoic acid) – 4 ppt
- PFOS (perfluorooctanesulfonic acid) – 4 ppt
ppt = parts per trillion
While the MCLs remain the same, the compliance date has been changed from 2029 to 2031. The additional two years to comply with the PFAS MCLs under the SDWA are to provide time to comply with the regulations. In the announcement, the USEPA Administrator Lee Zeldin stated, “We will work to provide common-sense flexibility in the form of additional time for compliance. This will support water systems across the country, including small systems in rural communities, as they work to address these contaminants.”
Estimates to comply with the PFAS MCLs range from $1.5 to $3.2 billion annually (Black and Veatch).
Zeldin reiterated that the agency would use regulatory tools to “hold polluters accountable.”
According to the EPA, the additional two years to comply with the PFAS MCLs under the SDWA are to provide time to comply with the regulations.
Rescind and Reconsider
The remaining PFAS MCLs issued previously under President Biden on April 24, 2024, are being rescinded and possibly reconsidered. This includes the following PFAS:
- PFHxS (perfluorohexane sulfonic acid)
- PFNA (perfluorononanoic acid)
- PFBS (perfluorobutanesulfonic acid)
- HFPO-DA (GenX or hexafluoropropylene oxide dimer acid)
The EPA’s announcement states, the “EPA is also announcing its intent to rescind the regulations and reconsider the regulatory determinations for PFHxS, PFNA, HFPO-DA (commonly known as GenX), and the Hazard Index mixture of these three plus PFBS to ensure that the determinations and any resulting drinking water regulation follow the legal process laid out in the Safe Drinking Water Act.”
Opposing the Change
The Environmental Working Group (EWG), an environmental advocacy group, called the changes to the SDWA “a shocking reversal of one of the most significant public health victories in a generation.” The president of EWG, Ken Cook, stated, “This is a betrayal of public health at the highest level. You can’t make America healthy while allowing toxic chemicals to flow freely from our taps.”
Marc Yaggi, Chief Executive Officer at Waterkeeper Alliance, where Robert F. Kennedy, Jr. (US Secretary of Health and Human Services) served as legal counsel for 20 years, also issued a statement: “Today’s decision makes one thing clear: this government is siding with polluters over people. Rolling back protections against PFAS is a direct assault on public health and clean water. Millions of people in America now face greater risks of cancer, immune damage, and other serious health threats from preventable exposure to known toxic pollutants, while the EPA abandons its core duty to protect them.”
Supporting the Change
On May 14, 2025, the American Chemistry Council issued the following statement: “We share the goal of protecting access to safe drinking water for all Americans, and we strongly support the establishment of a science-based drinking water standard for PFOA and PFOS. With scarce resources and other water priorities, we need to thoughtfully follow sound science when developing these standards.
“Unfortunately, EPA’s previously issued National Primary Drinking Water Regulation for certain PFAS chemistries was not consistent with the state of the science or the requirements of the Safe Drinking Water Act. The proposal was significantly criticized by EPA’s own Science Advisory Board and, as originally proposed, would divert critical resources away from state and local drinking water priorities.”
The statement goes on to say that, as originally proposed, the regulations were expected to impose billions of dollars in unfunded mandates on local communities and raise water rates by thousands of dollars per household in some jurisdictions.
PFAS OUT Initiative
Finally, as part of this action, the EPA announced its intent to establish a federal exemption framework and initiate enhanced outreach to water systems, especially in rural and small communities, through the EPA’s new PFAS OUTreach Initiative (PFAS OUT). “This action would help address the most significant compliance challenges EPA has heard from public water systems, members of Congress, and other stakeholders, while supporting actions to protect the American people from certain PFAS in drinking water.”
The “PFAS pendulum” continues to swing, and while these latest EPA positions appear to provide some sense of certainty with respect to drinking water, other fronts are still up in the air. We continue to watch these fronts and will try to keep you informed as change occurs.
For more information on PFAS, see our PFAS Resource Page and other blogs on PFAS.
Environmental Advice
Dragun Corporation has been assisting the regulated community with environmental compliance, assessment/remediation, and litigation support since 1988. If you need assistance with a PFAS-related issue, including litigation support, contact Jeffrey Bolin, M.S., CHMM, at 248-932-0228, Ext. 125.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
Jeffrey Bolin, M.S., reviewed this blog. Jeff is a partner and senior scientist at Dragun Corporation. He is a published author, a frequent speaker, and an expert witness. His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.
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