Current Status
On May 14, 2025, EPA announced it will delay the compliance deadlines set by the Biden-era SDWA PFAS National Primary Drinking Water Regulation for two PFAS chemicals, PFOS and PFOA, by two years, until 2031. EPA also announced it will rescind the compliance standards set by that rule for four other PFAS chemicals.
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
May 14, 2025 EPA announced it will delay implementation of the SDWA Biden-era rule for two PFAS chemicals, PFOS and PFOA, extending the compliance deadline for drinking water suppliers to meet standards set for those two chemicals to 2031, providing water suppliers two additional years to comply. EPA also stated it will rescind the standards set in the Biden-era rule for four other PFAS chemicals. EPA expects to reissue a new regulation in spring 2026 and will continue to defend the other standards set in the Biden-era rule for PFOS and PFOA in the litigation challenging the rule. American Water Works Association, et al., v. EPA, (D.C. Cir. June 2024) Docket Number 24-1188.
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.