USEPA Proposes to Amend PFAS Drinking Water Regulations
On May 20, 2026, a proposed rule by the U.S. Environmental Protection Agency (USEPA) was published on Federal Register to amend the National Primary Drinking Water Regulations (NPDWRs) for PFAS under the Safe Drinking Water Act (SDWA). The proposed rules would rescind the drinking water standards for perfluorobutane sulfonic acid (PFBS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), and hexafluoropropylene oxide dimer acid (HFPO-DA commonly referred to as GenX) and allow water systems to request a two-year extension for compliance with the Perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) drinking water standards (i.e., delaying the compliance date from 2029 to 2031). Public comments on the proposed rules can be submitted online until July 20, 2026.
USEPA Launches PFAS OUT Initiative, Announces $1 Billion in Treatment Funding
On April 14, 2026, USEPA launched PFAS OUTreach, referred to as PFAS OUT Initiative, which is a proactive outreach effort intended to connect drinking water systems with resources (including funding opportunities and technical assistance) to reduce exposure to PFOA and PFOS ahead of federal compliance timelines.
USEPA stated it plans to directly engage around 3,000 drinking water systems with known PFOA/PFOS challenges and will provide location-specific, practical resources such as webinars explaining how systems can access funding and request technical assistance (including via RealWaterTA). PFAS OUT itself is not a new funding program but an outreach initiative designed to connect systems to existing resources, tools, funding opportunities, and technical assistance.
For treatment and related drinking water work, one key funding vehicle USEPA points to is the Emerging Contaminants (EC) in Small or Disadvantaged Communities Grant (SDC), which USEPA describes as focused on projects whose primary purpose is addressing PFAS challenges in drinking water (including treatment solutions). The grant is funded at $1 billion per year (FY2022–FY2026), awarded non-competitively to states and territories that then distribute funding to eligible drinking water systems.
USEPA Withdraws Proposal to Modify Hazardous Waste Definition
On May 8, 2026, USEPA withdrew a proposed rule to “…modify the definition of hazardous waste as it applies to cleanups at permitted hazardous waste facilities. This modification would assure that USEPA’s regulations clearly reflect USEPA’s and authorized states’ authority to require cleanup of the full range of substances that Resource Conservation and Recovery Act (RCRA) intended, including emerging chemicals of concern, such as PFAS, that may present substantial hazards, at permitted facilities.” Withdrawal of the proposed rule is now published on the Federal Register. USEPA has not withdrawn its separate proposed rule, dated February 2024, to list 9 specific PFAS, their salts, and their structural isomers as RCRA hazardous constituents. These nine PFAS are PFOA, PFOS, perfluorobutanesulfonic acid (PFBS), HFPO-DA or GenX, PFNA, PFHxS, perfluorodecanoic acid (PFDA), perfluorohexanoic acid (PFHxA), and perfluorobutanoic acid (PFBA).
U.S. Lawmakers Propose Excise Tax on PFAS
On April 30, 2026, U.S. lawmaker Rep. Linda Sánchez introduced H.R. 8632 which would impose a 45% excise tax on PFAS manufactured, produced, or imported into the United States. This Act cited as the “PFAS Cleanup Act”. Revenue would be directed toward a new tax credit supporting PFAS removal from drinking water, covering up to 25% of treatment costs for water systems where PFAS concentrations exceed USEPA drinking water standards. The bill's exact status, cosponsors, and full legislative text can be tracked on Congress.gov.
New Mexico Finalizes PFAS Product Restrictions, Labeling Requirements
On April 17, 2026, New Mexico finalized a rule on products containing PFAS, including phased prohibitions, reporting obligations, and labeling requirements.
Starting in 2027, the sale or distribution of cookware, food packaging, dental floss, juvenile products, and firefighting foam containing intentionally added PFAS will be prohibited. In 2028, restrictions will expand to include carpets, cleaning products, cosmetics, fabric treatments, textiles, ski wax, and upholstered furniture. By 2032, most products containing intentionally added PFAS will be banned unless exempt or classified as a currently unavoidable use. The rule also includes reporting obligations and labeling requirements for manufacturers that go into effect in 2027.
Maryland Adopts PFAS Limits for Land Application of Biosolids
On April 28, 2026, Wes Moore, Governor of Maryland, signed into law a bill establishing PFAS-based restrictions on the land application of biosolids.
Effective October 1, 2026, the law requires the Maryland Department of the Environment to establish monitoring protocols for PFOA and PFOS in sewage sludge and products containing sewage sludge intended for land application. For compliance purposes, concentrations are determined using the average of samples taken over the immediately preceding 12 months, with sampling at a frequency set by regulation but not less than quarterly. Beginning October 1, 2028, land application to agricultural or marginal land is prohibited if the total concentration of regulated PFAS (PFOA, PFOS, or a mixture of the two) is equal to or greater than 50 ppb.
If concentrations are equal to or greater than 25 ppb but less than 50 ppb, land application is allowed only subject to specified conditions, including temporary rate limits, setback requirements, notice provisions, and source tracking and mitigation planning. Additionally, wastewater treatment plants must evaluate PFAS sources and implement mitigation strategies when PFOS and PFOA concentrations exceed 25 ppb. Mitigation actions may include pre-treatment or other “system-scale” solutions.
Questions?
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