EPA Administrator Zeldin Unveils Sweeping Measures to Address PFAS Contamination

On April 28, 2025, Environmental Protection Agency (EPA) Administrator Lee Zeldin unveiled sweeping measures to address per- and polyfluoroalkyl substance (PFAS) contamination in the United States. Commonly referred to as “forever chemicals,” PFAS have faced scrutiny (and been the subject of litigation) for several years, and EPA’s new measures are designed to both “stop these forever chemicals from entering drinking water systems,” and, “establish a clear liability framework that ensures the polluter pays and passive receivers are protected.” Keep reading to learn more from a California environmental compliance lawyer at Bick Law LLP:

Key Elements of EPA’s New Plan to Address PFAS Contamination

This is EPA’s first major effort to address the harms linked to PFAS since the start of the second Trump Administration, and, as has been widely reported, EPA is simultaneously rolling back some of the PFAS-related initiatives undertaken during President Biden’s four years in office. EPA is delaying enforcement of certain Biden-era initiatives as well. Going forward, companies that manufacture PFAS and use these chemicals in their products will need to pay close attention to EPA’s rulemaking, and they will need to ensure that they are prepared to comply with new restrictions and requirements as they take effect.

EPA’s April 28, 2025 announcement follows the February 4, 2025 announcement of its “Powering the Great American Comeback” initiative. This initiative, which the EPA stated will “guide [its] work over the first 100 days and beyond,” consists of five “pillars” that address various environmental and related considerations:  

• Pillar 1: Clean Air, Land, and Water for Every American
• Pillar 2: Restore American Energy Dominance
• Pillar 3: Permitting Reform, Cooperative Federalism, and Cross-Agency Partnership
• Pillar 4: Make the United States the Artificial Intelligence Capital of the World
• Pillar 5: Protecting and Bringing Back American Auto Jobs

EPA’s new PFAS-related measures seek to advance Pillar 1 and Pillar 3, and they are intended to “provide the foundation and investment necessary for a toolbox that will help states and communities dealing with PFAS contamination” on a long-term basis. While EPA’s April 28, 2025 announcement is light on details, it identifies the following as some of the Agency’s priorities going forward:

• Designating an agency lead for PFAS programs across EPA
• Implementing a PFAS testing protocol under Section 4 of the Toxic Substances Control Act (TSCA)
• Implementing additional testing protocols focused on PFAS air contamination
• Updating EPA’s PFAS Destruction and Disposal Guidance annually instead of every three years
• Focusing on developing new testing methods to improve the detection of PFAS
• Developing effluent limitations guidelines (ELGs) for PFAS manufacturers and metal finishers
• Addressing the “most significant compliance challenges” related to PFAS contamination in U.S. drinking water systems
• Enhancing the use of the Resource Conservation and Recovery Act to address PFAS releases from manufacturing operations
• Adding additional PFAS to the Toxic Release Inventory (TRI)
• Using the Clean Water Act and Safe Drinking Water Act to enforce PFAS compliance
• Building partnerships to advance remediation and cleanup efforts in drinking water contamination cases
• Working with states and tribes to enhance overall PFAS enforcement efforts in the U.S.

We expect to see additional guidance from EPA in the coming months as it begins the process of implementing its new PFAS-related measures. We expect to see EPA ramp up its enforcement efforts with respect to PFAS compliance as well. Administrator Zeldin has made clear that the Agency will prioritize enforcement as it seeks to address the harms of PFAS contamination—not only through EPA-led investigations and administrative enforcement proceedings, but through multi-agency crackdowns as well.

A Proactive Approach to PFAS Compliance Will Be Essential Going Forward

What does all of this mean for companies that manufacture and use PFAS in their products or operations?

In short, it means that effectively managing PFAS compliance will need to be a priority going forward. Companies that were preparing to comply with the upcoming Biden-era guidelines will need to shift their focus, and those that have not yet taken action will need to focus their efforts on the current administration’s approach to regulating PFAS. Some of the keys to effectively managing PFAS compliance going forward will include:

1. Monitoring for Additional PFAS-Related Guidance and Rulemaking from EPA

Based on its contents, EPA’s April 28, 2025 announcement is just the tip of the spear when it comes to the future of PFAS regulation in the United States. With this in mind, companies will need to monitor for additional PFAS-related guidance and rulemaking from EPA, and they will need to be prepared to implement tailored compliance measures as necessary.

2. Targeting Timely PFAS Compliance (While Being Prepared to Adapt)

Given the emphasis on enforcement in EPA’s April 28, 2025 announcement, companies will need to target timely PFAS compliance in all areas of their operations. Once new regulations take effect, violative practices can create immediate exposure, and potential penalties can continue adding up on a daily basis. At the same time, however, companies will likely need to build flexibility into their compliance programs as well—as they may need to adapt to additional changes over time.

3. Documenting PFAS Compliance Efforts On an Ongoing Basis

As with all areas of EPA compliance, companies should also prioritize documenting their PFAS compliance efforts on an ongoing basis. When facing scrutiny from EPA, being able to affirmatively demonstrate compliance can be essential for avoiding unnecessary enforcement action and penalties. Not only should companies ensure that their PFAS-related compliance protocols are thoroughly documented, but they should also document their testing, internal auditing, and other compliance-related efforts.

Speak with a California Environmental Compliance Lawyer at Bick Law LLP

If you would like to know more about the EPA’s efforts to target PFAS contamination, we invite you to contact us. To speak confidentially with a California environmental compliance lawyer at Bick Law LLP, call 949-432-3500 today.