The EPA’s Approach to PFAS under Lee Zeldin

by | May 14, 2025 | Blog | 0 comments

As we shared in our January 24, 2025, blog, when he was a member of the United States Congress, Lee Zeldin (New York) twice voted in favor of legislation to address per- and polyfluoroalkyl substances (PFAS).  Now, Environmental Protection Agency (EPA) Administrator Zeldin has released his plan to address PFAS.

Lee Zeldin’s Plan to Address PFAS

On April 28, 2025, USEPA Administrator Lee Zeldin announced “Major Actions to Combat PFAS Contamination.”  The 21 points laid out by Zeldin fall under three headers

  • Strengthening the Science
  • Fulfilling Statutory Obligations and Enhancing Communication
  • Building Partnerships

In announcing the plan, Zeldin said, “With today’s announcement, we are tackling PFAS from all of EPA’s program offices, advancing research and testing, stopping PFAS from getting into drinking water systems, holding polluters accountable, and providing certainty for passive receivers.”

The PFAS Action Items Include

  • The EPA states it will designate an agency lead for PFAS to better align and manage PFAS efforts across agency programs.
  • Develop effluent limitations guidelines (ELGs) for PFAS manufacturers and metal finishers and evaluate other ELGs necessary for the 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 the Resource Conservation and Recovery Act (RCRA) authorities to address releases from manufacturing operations of both producers and users of PFAS.
  • Enforce Clean Water Act and the Toxic Substances Control Act (TSCA) limitations on PFAS use and release to prevent further contamination.
  • Use Safe Drinking Water Act (SDWA) authority to investigate and address immediate endangerment.
  • Implement section 8(a)7 to smartly collect necessary information, as Congress envisioned and consistent with TSCA, without overburdening small businesses and article importers.
  • Work with Congress and industry to establish a clear liability framework that operates on polluter pays and protects passive receivers.
  • Advance remediation and cleanup efforts where drinking water supplies are impacted by PFAS contamination.
  • Resource and support investigations into violations to hold polluters accountable.

The release does not state whether the current administration will keep in place or defend the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) listing for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) or the SDWA limits on specific PFAS.

See the April 28, 2025, Press Release for the complete list of actions.

PFAS in drinking water

The EPA’s plans to address PFAS include “Advance remediation and cleanup efforts where drinking water supplies are impacted by PFAS contamination” (Photo by Daniel Hooper on Unsplash).

Other PFAS Developments

According to Inside EPA (paywall), “Senate Environment and Public Works Committee Chairman Shelley Moore Capito (R-WV) has indicated she hopes to win bipartisan support for legislation providing Superfund liability relief to entities such as wastewater treatment plants and municipal landfills.”

Additionally, Jessica Kramer, President Donald Trump’s pick to serve as EPA’s water chief, recently said officials are actively evaluating ways that the agency can provide relief from certain compliance challenges that utilities face from the Biden administration’s SDWA rules governing PFAS and lead service line replacement.

While safeguards for passive receivers have been discussed in both the Biden and Trump administrations, this will not likely negate third-party lawsuits.  In our April 16, 2025, blog, we discussed the ongoing PFAS litigation and that this trend will likely continue.

Finally, the comment period for the Draft Sewage Sludge Risk Assessment: PFOA and PFOS  was recently extended to August 14, 2025.  Some stakeholders have criticized the risk assessment as overly conservative.

For more information about PFAS, see our PFAS Resource Page.

Environmental Advice

Dragun Corporation has assisted 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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