USEPA to Retain National Primary Drinking Water Regulation for PFOA and PFOS with a Delayed Compliance Date, Amend Regulation for Other PFAS
On May 14, 2025, the U.S. Environmental Protection Agency (USEPA) announced its intention to amend the National Primary Drink Water Regulation (NPDWR) for six PFAS:
- Perfluorooctanoic acid (PFOA)
- Perfluorooctane sulfonic acid (PFOS)
- Perfluorohexane sulfonic acid (PFHxS)
- Perfluorononanoic acid (PFNA)
- Hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX chemicals)
- Perfluorobutane sulfonic acid (PFBS)
In its announcement, USEPA indicated that it will keep the NPDWR for PFOA and PFOS. However, to “allow drinking water systems more time to develop plans for addressing PFOA and PFOS where they are found and implement solutions,” USEPA plans to develop rulemaking to extend the NPDWR compliance date. A proposed rule this fall will extend the compliance date by two years from 2029 to 2031. USEPA also indicated that it intends to “rescind the regulations and reconsider the regulatory determinations for PFHxS, PFNA, HFPO-DA (commonly known as GenX), and the Hazard Index mixture of these three plus PFBS to ensure that the determinations and any resulting drinking water regulation follow the legal process laid out in the Safe Drinking Water Act.”
A more detailed summary of the announcement is included in a Special Edition of our PFAS Newsletter.
USEPA Delays TSCA PFAS Reporting Rule
On May 13, 2025, USEPA published an interim final rule to extend the reporting period for the Toxic Substances Control Act (TSCA) PFAS Reporting Rule. The reporting rule applies to entities that manufactured or imported PFAS or PFAS-containing articles from 2011 through 2022. The entities are required to submit detailed information regarding the activities, including production volumes, disposal, exposures, and hazards.
On September 5, 2024, USEPA delayed the reporting deadline from November 12, 2024 to July 11, 2025. With this action, USEPA is further delaying the reporting deadline to October 13, 2026. USEPA also added an alternate deadline of April 13, 2027, for “small manufacturers reporting exclusively as article importers.” USEPA indicated that the delay aims to ensure that data will be submitted and stored in a usable manner. Additionally, USEPA will now conduct industry beta testing of the electronic reporting platform. Public comments on the interim final rule can be submitted online by June 12, 2025.
USEPA Granted Additional 30 Days to Review CERCLA PFAS Rule
On April 30, 2025, U.S Court of Appeals granted USEPA’s request for a 30-day extension (USCA Case #24-1193; document #2113719) related to litigation contesting USEPA’s designation of PFOA and PFOS as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances. USEPA requested the extension to allow incoming leadership additional time to become familiar with the regulation and associated cases. The extension comes after a 60-day abeyance was granted on February 24, 2025. The court directed USEPA to file motions to govern future proceedings by May 30, 2025.
U.S. Congress Relaunches PFAS Task Force
The U.S. Congressional PFAS Task Force was relaunched in May 2025. Formed in 2019, the Task Force is a bipartisan group of representatives that seeks to advance PFAS legislation, provide education regarding PFAS to the public and political representatives, and secure funding for PFAS research, remediation, and prevention. The Task Force was previously co-chaired by U.S. house representatives Brian Fitzpatrick and Dan Kildee (retired). Three new co-chairs, U.S. house representatives Debbie Dingell, Jen Kiggans, and Kristen McDonald Rivet, now join Fitzpatrick. In recent press releases, the co-chairs spoke of ramping up the Task Force’s efforts and focusing on “commonsense solutions” to PFAS issues.
Oregon Prohibits Use and Sale of AFFF
On May 14, 2025, Oregon Governor Tina Kotek signed Senate Bill 91 into law that prohibits the use of aqueous film forming foam (AFFF) by fire departments, except as required by the Federal Aviation Administration or other federal law. The bill also prohibits the sale of AFFF within Oregon. However, the bill does not include specific provisions or guidelines for disposal of current AFFF stockpiles. The prohibitions go into effect on July 1, 2026.
Questions?
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