5/28/25
By: Joshua G. Ferguson, Kevin G. Kenneally, James M. Mathew and Kevin M. Ringel
On May 14, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced proposed revisions to the agency’s national drinking water standards for per- and polyfluoroalkyl substances (PFAS). The changes would preserve the current maximum contaminant levels (MCLs) of 4 parts per trillion (ppt) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), however, the deadlines for compliance would be extended, regulatory requirements for other PFAS will be reconsidered and the EPA will work with state programs to apply exemptions.
The EPA hopes the changes will preserve safeguards from PFOA and PFOS in drinking water while providing flexibility for water systems to achieve compliance. Under the proposed changes, the original 2029 deadline for meeting the MCLs would be extended to 2031. The agency hopes to finalize the revised rule by Spring 2026. The EPA also plans to improve outreach and technical assistance to public water utilities, especially those with PFOA and PFOS concentrations exceeding the current MCLs.
The American Water Works Association and the Association of Metropolitan Water Agencies indicate that the changes will allow for water systems to be able to adequately and affordably install the new requirements. Opposition to the changes has been voiced by various environmental groups, including the National Institute of Environmental Health Sciences.
FMG’s PFAS Litigation Team continues to monitor PFAS-related regulatory developments that may impact drinking water systems, manufacturers and related litigation. For more information on this evolving regulatory landscape or PFAS litigation more broadly, please contact James M. Mathew (james.mathew@fmglaw.com), Kevin G. Kenneally (kevin.kenneally@fmglaw.com), Joshua G. Ferguson (joshua.ferguson@fmglaw.com) or Kevin M. Ringel (kevin.ringel@fmglaw.com).
Information conveyed herein should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided is for educational purposes only. These materials are written in a general format and are not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.
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