USEPA Outlines Planned Actions on PFAS
On April 28, 2025, the U.S. Environmental Protection Agency (USEPA) issued a press release outlining the agency’s planned actions on PFAS. According to USEPA Administrator Lee Zeldin, the agency is “tackling PFAS from all of [US]EPA’s program offices, advancing research and testing, stopping PFAS from getting into drinking water systems, holding polluters accountable, and providing certainty for passive receivers.” Specifically, USEPA plans to enforce Clean Water Act and Toxic Substances Control Act limitations and reporting on PFAS and address compliance challenges related to the National Primary Drinking Water Regulation for PFAS, among other actions.
USEPA Granted Additional 30 Days to Review PFAS NPDWR
On April 10, 2025, the U.S. Court of Appeals (USCA) granted a USEPA request for a 30-day extension (USCA Case #24-1188; document #21110289) related to litigation contesting USEPA’s National Primary Drinking Water Regulation (NPDWR) for PFAS. The NPDWR was issued by USEPA in April 2024 and set maximum contaminant levels (MCLs) for six PFAS in drinking water. USEPA requested the extension to allow incoming leadership additional time to become familiar with the regulation and associated case. The April 10 extension comes after a 60-day abeyance was granted on February 7, 2025. The court directed USEPA to file motions to govern future proceedings by May 12, 2025.
USEPA Releases UCMR5 Drinking Water Data
On March 11, 2025, USEPA released additional data collected under the fifth Unregulated Contaminant Rule (UCMR 5). UCMR 5 requires sample collection by certain public water systems (PWSs) for 29 PFAS in drinking water between 2023 and 2025, including all six PFAS with MCLs. The UCMR 5 data released represent approximately 66% of the total data to be collected. In a UCMR 5 Data Summary, USEPA stated that 8% of small PWSs (≤10,000 people) that have reported a complete UCMR5 data set for at least one location had an average concentration of one or more regulated PFAS that was above its respective MCL. Compliance with the PFAS NPDWR is not required until April 2029, and therefore UCMR 5 results are not indicative of compliance with applicable MCLs.
New Mexico Bans Sale of Products Containing PFAS, Classifies Discarded AFFF as Hazardous Waste
On April 8, 2025, New Mexico Governor Michelle Grisham signed into law two bills on PFAS. HB212 establishes a phased ban on the sale of products with intentionally added PFAS, which will be implemented as follows:
- On January 1, 2027, the sale of food packaging, dental floss, juvenile products and firefighting foam with intentionally added PFAS will be banned.
- On January 1, 2028, the sale of carpets or rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, textile furnishings, ski wax and upholstered furniture will be banned.
- On January 1, 2032, the sale of all PFAS-containing products in the state will be banned, except for those designated as currently unavoidable uses (CUUs).
The bill exempts products containing specific fluoropolymers, as well as certain product categories including semiconductors, used products offered for sale/resale, medical devices or drugs and their associated packing materials, and certain heating, cooling, ventilation, and air conditioning or refrigeration equipment.
HB140 was also signed into law on April 8 and will regulate discarded aqueous film-forming foam (AFFF) containing PFAS as hazardous waste. With this law, the state can enforce the management and cleanup of AFFF under state hazardous waste authorities. HB140 legislation will go into effect starting July 1, 2025.
New Mexico Oil Conservation Commission Bans PFAS in Fracking Fluid
On March 8, 2025, the New Mexico Oil Conservation Commission (OCC) adopted rules banning the use of certain PFAS in oil and gas downhole fracking fluid in the state of New Mexico. The OCC is a three-member commission established in the New Mexico Oil and Gas Act of 1935, and one of its responsibilities is “the consideration and adoption of rules” related to oil and gas in the state. Specifically, the rule prohibits the use of certain PFAS as “additives in any downhole oil and gas operations” that are deemed to be “industrially relevant.” It does not ban the use of all PFAS. The adopted rule comes after the OCC received and reviewed draft rules submitted by a coalition of over 40 citizen and community groups in 2023. The finalized rules do not include some aspects of the draft rules; i.e., they do not require the complete public disclosure of PFAS use and related information, as the OCC deemed some of this information to be trade secrets and/or confidential business information.
Maine Delays Ban on Sale of PFAS-Containing Products by Two Years
On April 7, 2025, the Maine Bureau of Environmental Protection unanimously voted to adopt the Maine Department of Environmental Protection’s (DEP’s) revised Chapter 90 rule to implement the state’s amended law on products containing PFAS. Regulators can now begin to implement phased bans on the sale of specific categories of PFAS-containing products as early as January 1, 2026. The amended law also delays by two years, to January 1, 2032, the deadline to stop the sale of products with intentionally added PFAS. Additionally, the law outlines rules related to determining products with CUUs of PFAS and limits reporting requirements of those products. Under the amended law, DEP extended the deadline to submit a proposal for CUU determination to “no more than 5 years from the date of a sales prohibition”.
UK Drinking Water Inspectorate Updates PFAS Guidance for Drinking Water
In March 2025, the United Kingdom (UK) Drinking Water Inspectorate (DWI) updated its PFAS Guidance for drinking water suppliers in England and Wales. The guidance outlines a 3-tiered approach to risk assessment, monitoring, and management of PFAS in drinking water based on the sum of 48 individual PFAS concentrations. Tier 1 applies to summed concentrations less than 100 nanograms per liter (ng/L), Tier 2 applies to summed concentrations between 100 and 1,000 ng/L, and Tier 3 applies to summed concentrations greater than 1,000 ng/L. For each tier, various actions are required, including Regulation 27 and Regulation 28 risk assessment and reporting. The Regulation 27 risk assessment guidance includes specific PFAS sources that should be considered for catchment risk assessment, acceptable control measures, external and internal stakeholders that should be engaged, and DWI risk categories applicable to PFAS. Regulation 28 requires drinking water supply companies to submit regular reports to the DWI related to information gathered under Regulation 27.
SCHEER Issues Opinion European Draft Environmental Quality Standards Dossier
On April 7, 2025, the Scientific Committee on Health, Environmental and Emerging Risks (SCHEER) published their opinion of the draft PFAS – Total Environmental Quality Standards (EQS) Dossier that was proposed by the European Commission Joint Research Center (ECJRC) in December 2024. SCHEER is an advisory group that provides the European Commission with independent scientific advice on public health, environmental safety, and emerging risks. The draft dossier would establish a method and EQS for “total PFAS” as measured by total organic fluorine in European groundwater and surface water. ECJRC presented six options to set EQS based on total PFAS and requested SCHEER’s opinion on the options. SCHEER concluded that anchoring an EQS to total fluorine concentrations would not meet the legal definition of an EQS and could be either excessively or insufficiently protective due to the different toxicological profiles of PFAS found in the environment and is inadvisable. Additionally, SCHEER emphasized that current knowledge of PFAS risks to human health and the environment is insufficiently researched and that more information is needed regarding both hazards and exposure.
Geosyntec PFAS Webinar Series
Geosyntec hosted a PFAS webinar series showcasing a thorough synthesis of the state of knowledge on the management of PFAS-impacted sites. Subject matter experts from Geosyntec and the broader stakeholder community discussed key PFAS technical, regulatory, and legal issues.
To view webinar recordings of this six-part PFAS series as well as other archived PFAS webinars, visit Geosyntec PFAS Webinar Series.
Questions?
If you have any questions or would like to discuss how PFAS may impact your business, please email pfas@geosyntec.com to be connected with one of our PFAS technical experts.
