EPA Announces It Will Retain PFOA and PFOS MCLs, Extend the Compliance Deadline, and Rescind the MCLs for Four Other PFAS

In an announcement released yesterday, the U.S. Environmental Protection Agency (EPA) stated that it will keep the maximum contaminant levels (MCLs) for drinking water that were established in April 2024 for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), two of the most commonly studied and regulated per- and polyfluoroalkyl substances (PFAS). 

EPA also stated that it will extend the compliance deadline for public drinking water systems to develop and install treatment to address detections of PFOA and PFOS.  That deadline is currently set for 2029.  EPA intends to issue a proposed rule this fall which would extend that deadline to 2031.  In addition, EPA is encouraging “states seeking primacy for implementing the PFAS drinking water regulation to request additional time from EPA to develop their applications.”   

The announcement also stated that EPA intends to “rescind the regulations and reconsider the regulatory determinations for PFHxS, PFNA, HFPO-DA (commonly known as GenX), and the Hazard Index mixture of these three plus PFBS to ensure that the determinations and any resulting drinking water regulation follow the legal process laid out in the Safe Drinking Water Act.” 

Our Duane Morris PFAS team will continue to monitor these issues. 

EPA Again Delays Start to PFAS Reporting Rule

On May 12, 2025, the U.S. Environmental Protection Agency (EPA) announced that it is amending the data submission period for the Toxic Substances Control Act’s (TSCA) per- and polyfluoroalkyl substances (PFAS) reporting rule to begin on April 13, 2026, and end on October 13, 2026. Small manufacturers reporting exclusively as article importers will have until April 13, 2027, to complete their reporting. 

Please see the full Alert on the Duane Morris website.

EPA Plan to Address PFAS Contamination Includes Continuing Prior Initiatives But Also Signals Limited Relief for Certain Entities

On April 28, 2025, the U.S. Environmental Protection Agency (EPA) announced its plan to address per- and polyfluoroalkyl substances (PFAS) under the new administration. The plan, presented by EPA Administrator Lee Zeldin, largely continues the efforts originally outlined under the prior Trump administration and the Biden administration.  But it also signals the EPA intends to provide some relief to certain entities, including providing liability protections for “passive receivers” of PFAS and perhaps provide relief to small businesses and article importers from certain reporting obligations imposed under Section 8(a)(7) of the Toxics Substances Control Act (TSCA). Further, while it is unclear whether the EPA will revise the Safe Drinking Water Act maximum contaminant levels (MCLs) established last year, the release indicates that EPA will work to address “compliance challenges” faced by drinking water systems. Some commentators suggest that this might be accomplished through extending compliance timelines rather than adjusting the established MCLs.    

The plan also includes designation of an agency-wide lead to coordinate PFAS-related initiatives across all program offices in an effort to ensure a more strategic and unified approach to regulation, enforcement, and remediation of PFAS-related contamination.

Through the plan EPA intends to strengthen its scientific research on PFAS through expanded testing under TSCA Section 4. In addition to improving detection methods for PFAS in air, water, and soil, EPA will also issue annual updates to its PFAS Destruction and Disposal Guidance.

From a regulatory perspective, EPA is seeking to directly limit PFAS discharges into and contamination of the environment through the development of effluent limitations guidelines for PFAS manufacturers and metal finishing industries, expanding the reporting requirements for PFAS through the Toxic Release Inventory, and enforcing existing restrictions under the Clean Water Act and TSCA to prevent further releases.

In light of EPA’s renewed dedication to addressing PFAS contamination, entities involved in the manufacture, use, or discharge of PFAS compounds must prepare for continued oversight.

For guidance on navigating EPA’s regulatory requirements pertaining to PFAS contact the environmental attorneys at Duane Morris LLP.

Superfund Reform Receives Bipartisan Support But No Clear Answer on How or When it Will Be Achieved

For the past several months, the Senate Environment and Public Works (“EPW”) Committee has been reviewing recommendations on how to overhaul the Superfund process as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) to expedite the early stages of the Superfund process.

 During an April 9, 2025 Committee hearing, senators from both parties expressed their support for the effort, although each party differed in their approach to streamlining the process.  Republican lawmakers, led by chairman Shelley Moore Capito (R-WV), focused on the pre-clean up procedural requirements imposed by CERCLA.  Capito criticized that CERCLA “prioritizes process over results” and that the EPA’s “entangled web of bureaucracy, work groups, task forces and committees . . . too often slow progress.”  In contrast, ranking member Sheldon Whitehouse (D-RI) said that “speed must not come at the cost of efficacy” and argued that the Trump Administration’s cuts to the EPA’s funding will lead to further delays in the process.

While still being developed and considered, several changes to CERCLA have been proposed.  One proposal called for site cleanups to start before a site is even declared a Superfund site or added to the National Priorities List.  This approach would allow the EPA to start remediating a site while simultaneously working to identify all potentially responsible parties.  Another proposal would allow EPA to proceed with a “presumptive remedy” in cases where the selected remedy is straightforward and widely-accepted, such as for sites polluted by heavy metals. 

Other concerns included whether per- and polyfluoroalkyl substances (PFAS) pollution will be part of any reform efforts, particularly in the wake of the Biden Administration designating perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances.  Some commentators have argued that inclusion of PFAS as a hazardous substance threaten bipartisan support for Superfund reform, as others have argued that it could throw the entire Superfund process into disarray.  One proposal to alleviate these concerns is to change CERCLA’s liability provisions to exempt “passive receivers” of PFAS, which some have criticized as potentially leading to unintended consequences concerning other types of hazardous substances.

While the EPW Committee seems to be open to clearing some of the administrative red tape and speeding up the cleanup process, there does not seem to be any consensus for how to achieve that goal, and it will be interesting to see where the Committee ultimately lands.  We will continue monitoring any Committee work on this topic and will update this blog with any new and interesting developments. 

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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