On April 28, 2025, after much anticipation, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin outlined the agency's plans to address Per- and Polyfluoroalkyl Substances (PFAS). Although the announcement provides a broad outline of the agency's plans, it provides few details, including whether EPA will rescind its previous rulemakings on certain PFAS under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and the Safe Drinking Water Act. Administrator Zeldin's initiatives largely reflect the core concepts of the Biden administration's 2021 PFAS Strategic Roadmap.
EPA's organized its latest approach around three principles: (1) strengthening the scientific understanding of PFAS, (2) fulfilling statutory obligations and enhancing communication, and (3) coalition building. According to EPA, each principle includes the following:
Strengthening the Science
- Designate an agency lead for PFAS to better align and manage PFAS efforts across agency programs
- Implement a PFAS testing strategy under Toxic Substances Control Act (TSCA) Section 4 to seek scientific information informed by hazard characteristics and exposure pathways
- Launch additional efforts on air related PFAS information collection and measurement techniques related to air emissions
- Identify and address available information gaps where not all PFAS can be measured and controlled
- Provide more frequent updates to the PFAS Destruction and Disposal Guidance—changing from every three years to annually—as EPA continues to assess the effectiveness of available treatment technologies
- Ramp up the development of testing methods to improve detection and strategies to address PFAS
Fulfilling Statutory Obligations and Enhancing Communication
- Develop effluent limitations guidelines (ELGs) for PFAS manufacturers and metal finishers and evaluate other ELGs necessary for 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 RCRA authorities to address releases from manufacturing operations of both producers and users of PFAS
- Add PFAS to the Toxic Release Inventory (TRI) in line with Congressional direction from the 2020 National Defense Authorization Act
- Enforce Clean Water Act and TSCA limitations on PFAS use and release to prevent further contamination
- Use Safe Drinking Water Act authority to investigate and address immediate endangerment
- Achieve more effective outcomes by prioritizing risk-based review of new and existing PFAS chemicals
- 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
Building Partnerships
- Advance remediation and cleanup efforts where drinking water supplies are impacted by PFAS contamination
- Work with states to assess risks from PFAS contamination and the development of analytical and risk assessment tools
- Finish public comment period for biosolids risk assessment and determine path forward based on comments
- Provide assistance to states and tribes on enforcement efforts
- Review and evaluate any pending state air petitions
- Resource and support investigations into violations to hold polluters accountable
Administrator Zeldin's announcement indicates that EPA may plan to advance certain Biden-era PFAS regulatory efforts such as the proposed rule designating nine PFAS as hazardous constituents under RCRA and developing ELGs for certain sectors under the CWA. Zeldin's approach differs from the Biden PFAS Roadmap in several key ways, however, including an increased focus on air and working with Congress to propose a liability framework centered on "polluter pays" principles. Zeldin also plans to designate a single agency-wide PFAS lead, whereas the Biden Administration relied on a multi-member EPA Council on PFAS. The Zeldin plan also promises annual updates to PFAS Destruction and Disposal Guidance.
The reference to TSCA Section 8(a)(7) calls for EPA "to smartly collect necessary information, as Congress envisioned and consistent with TSCA, without overburdening small businesses and article importers." This may suggest that EPA plans amendments to the PFAS reporting rule. Its reporting period is currently scheduled to begin July 11, 2025.
Administrator Zeldin indicated this announcement represents only the first set of actions the Trump Administration's EPA will take to address PFAS, suggesting there's more to come. The announcement highlighted Administrator Zeldin's "record of leadership" on PFAS issues, noting "he was a founding member of the PFAS Congressional Taskforce and a strong supporter of the PFAS Action Act." Those interested in PFAS issues should continue to watch for further announcements, regulatory proposals, and other opportunities to engage with EPA.
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