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.