Current Status
On April 28, 2025, EPA announced it intends to prioritize PFAS contamination using multiple statutory authorities to address the environmental and public health risks, including the Safe Drinking Water Act (SDWA).
The Biden administration had finalized the PFAS National Primary Drinking Water Regulation Rule, setting strict drinking water standards for certain PFAS chemical subtypes. The litigation challenging that rule is currently paused based on the request of the Trump administration. American Water Works Association, et al., v. EPA, No. 24-1188 (D.C. Cir.).
Why it Matters
PFAS, often called “forever chemicals,” are a family of man-made chemicals featuring a strong carbon fluorine bond that makes the chemicals extremely durable. Studies have found significant PFAS contamination in the country’s public drinking water supplies. At high levels of exposure, PFAS have been shown to cause serious human health problems.
The Biden-era PFAS rule under SDWA establishes deadlines for drinking water systems to test for PFAS by 2027 and to meet specific PFAS standards by 2029. The regulation is a significant step toward protecting public health as envisioned in EPA’s 2021 PFAS Strategic Roadmap.
Key Resources
Timeline
April 28, 2025 EPA announced it intends to address PFAS contamination. EPA also stated it will address concerns raised by water providers regarding the timing of the SDWA PFAS rule’s drinking water standards and monitoring deadlines.
April 7, 2025 The court granted an unopposed EPA motion to extend the stay for 30 additional days. American Water Works Association, et al., v. EPA, (D.C. Cir. June 2024) Docket Number 24-1188.
February 7, 2025 The Court agreed to grant EPA’s motion to hold the case in abeyance for 60 days while EPA reevaluates the Biden-era rule. American Water Works Association, et al., v. EPA, No. 24-1188 (D.C. Cir.).
June 7, 2024 Trade associations representing public water providers and industry challenged the EPA PFAS drinking water rule, arguing, among other issues, that EPA did not rely on the best available science, took unlawful novel approaches, and underestimated the costs of the regulation. Multiple environmental groups and 18 states have intervened in support of the rule. American Water Works Association, et al., v. EPA, No. 24-1188 (D.C. Cir.)., consolidated with other challenges to the rule.
April 26, 2024 EPA, under the Safe Drinking Water Act, finalized the PFAS National Primary Drinking Water Regulation Rule, setting drinking water standards for certain PFAS chemical subtypes. The rule establishes legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six types of PFAS in drinking water systems. For two other specific PFAS chemicals, EPA set Maximum Contaminant Level Goals (MCLGs), non-enforceable, health-based, public drinking water objectives, at zero.