On 28 April 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency's upcoming plans to address Per- and Polyfluoroalkyl Substances (PFAS). This marks the new administration's most significant announcement related to PFAS since President Donald Trump returned to office, and EPA indicated there will be "more to come" regarding PFAS.
The planned actions span several EPA programs and are guided by the following stated principles: "strengthening the science, fulfilling statutory obligations and enhancing communication, and building partnerships."1 EPA plans to designate an agency lead for PFAS to align these efforts across the agency. Some notable planned actions are as follows:
- EPA intends to "address the most significant compliance challenges" related to the national primary drinking water regulations (NPDWR) for PFAS. For more information on the NPDWRs, see our prior alert.
- The agency will also enforce Clean Water Act and Toxic Substances Control Act (TSCA) limitations on PFAS use and release to prevent further contamination.
- EPA plans to implement TSCA section 8(a)(7) to collect "necessary information [on PFAS] ... without overburdening small businesses and article importers." The TSCA PFAS Reporting Rule has broad reporting requirements, which currently apply to article importers without de minimis exemptions. For a detailed summary of the Rule, which remains unchanged at this time, see our previous alert.
- The agency will work with Congress and industry members to establish a "clear liability framework" for PFAS based on a "polluter pays" model that protects "passive receivers."
- EPA also plans to develop and release effluent limitations guidelines (ELGs) for "PFAS manufacturers and metal finishers" and consider other ELGs that may be necessary to reduce PFAS discharges.
EPA's full news release is available here. The agency has not yet provided additional details or a timeline for carrying out these efforts. Our Emerging Contaminants group is tracking PFAS developments as well as developments for other newly regulated contaminants on our Emerging Contaminants web page. The Emerging Contaminants web page is also where you can find a listing of our lawyers able to assist you in navigating these issues.
Footnote
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