The United States Environmental Protection Agency (EPA) recently rolled out several significant changes to federal regulations concerning per- and polyfluoroalkyl substances (PFAS).
TSCA Reporting
On May 12, 2025, EPA announced it would delay the PFAS reporting period under the Toxic Substances Control Act (TSCA). Instead of beginning on July 11, 2025, the new reporting window will open on April 13, 2026, and close on October 13, 2026. In the modified rule, the agency also provided an alternative deadline of April 13, 2027, for “small manufacturers reporting exclusively as article importers.” This adjustment aligns with Administrator Zeldin’s April 28, 2025 statement that the EPA aims to implement the rule “without overburdening small businesses and article importers.” The delay provides breathing room for manufacturers and businesses that have utilized PFAS in their supply chain or manufacturing processes. For guidance on the scope of the TSCA PFAS Reporting Rule, please refer to our prior article.
Drinking Water Standards
On May 14, 2025, Administrator Zeldin announced the EPA’s next steps for regulating PFAS under the National Primary Drinking Water Regulations (NPDWR). In a modified rule, the EPA retained the existing maximum contaminant levels (MCLs) of 4 parts per trillion (ppt) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). However, the agency plans to withdraw the ambitious creation of MCLs for four other PFAS currently included in the NPDWR: perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA or GenX), and the novel use of a Hazard Index that utilized a mixture of these three along with perfluorobutane sulfonic acid (PFBS).
The EPA also announced plans to initiate rulemaking that would extend the compliance deadline from 2029 to 2031 for the stated reason to give drinking water systems more time to prepare for PFOA and PFOS compliance.
These actions are consistent with the strategy in a bulleted press release Administrator Zeldin outlined on April 28, 2025. While not a full retreat on Biden-era PFAS policy, this development ends the EPA’s recent efforts to evaluate additional PFAS analytes under traditional federal environmental laws that were contemplated by the EPA's PFAS Action Plan. A scaled back EPA focus on PFOA and PFOS will lead to states, including Wisconsin, filling the gaps with regulations for drinking water, wastewater, and other environmental media for PFAS beyond PFOA and PFOS.
CERCLA Developments Remain Unclear
Despite these updates, the EPA has not addressed whether it will pursue PFAS-related actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The agency has not clarified whether it will uphold the prior administration’s designation of PFOA and PFOS as “hazardous substances” under CERCLA, nor has it specified how it might approach site assessment or remedial actions involving PFAS contamination. Further, discussion of CERCLA was absent in Zeldin’s bullet point press release except for a vague suggestion of a statutory change, promising EPA will “work with Congress and industry to establish a clear liability framework that operates on polluter pays and protects passive receivers.” Stay tuned for further announcements.
Godfrey & Kahn has been tracking and advising clients regarding notable PFAS developments. The next shoe to drop is a Wisconsin Supreme Court decision on a landmark ruling regarding Wisconsin Department of Natural Resources’ authority to regulate PFAS as hazardous substances under Wisconsin Spills Law. Practitioners expect that ruling to be issued any day.
If you’d like further information about PFAS, best practices for evaluating potential liability and proactive management of these issues, please contact a member of our Environmental practice.