[author: Bryce Lourié]
On May 14th, the U.S. Environmental Protection Agency (EPA) announced that it plans to delay or rescind PFAS (per- and polyfluoroalkyl substances) drinking water standards established by the Biden administration.
PFAS are a group of human-made chemicals known as “forever chemicals” because they do not easily break down in the environment. They are ubiquitous in our modern world and have been used for decades in everything from non-stick pans to waterproof clothing to fire-fighting foam and beyond. These chemicals accumulate in the body and are associated with a variety of health harms. In 2024, the Biden administration established the first national drinking water standards for five PFAS.
EPA plans on maintaining the standards for the two most common PFAS—PFOA and PFOS—but will delay compliance deadlines for water systems by two years from 2029 to 2031. PFOA and PFOS have a maximum contaminant level of four parts per trillion, which is almost at the lowest level these chemicals can be detected.
EPA will also rescind standards for three other PFAS—PFHxS, PFNA, and HFPO-DA (commonly known as GenX Chemicals)—as well as a health hazard assessment for mixtures containing PFBS.
This announcement was met with mixed reactions. Environmental groups have generally criticized the decision, claiming it will worsen public health. On the other hand, some industry groups have given positive feedback, noting that the new rule will provide necessary time for compliance and an opportunity to better understand these chemicals. The timeline certainly provides some reprieve to water systems needing to meet the required standards. Background PFAS levels are already exceeding the maximum allowable limit in many places around the world. For context, PFAS were detected in Mt. Everest Base Camp snow and meltwater at concentrations up to 26.14 parts per trillion.
PFAS regulation is a rapidly evolving area of law and affected groups should stay informed of any new developments.
