EPA Revises PFAS Drinking Water Regulation: What It Means for Water Utilities and Industry Stakeholders

On May 14, 2025, the U.S. Environmental Protection Agency (EPA) announced significant updates to its National Primary Drinking Water Regulation (NPDWR) concerning per- and polyfluoroalkyl substances (PFAS). These changes will impact drinking water systems, industrial facilities, and municipalities nationwide—particularly those dealing with PFAS monitoring, treatment, and compliance.

Key Takeaways 

#1: Compliance Deadline for PFOA and PFOS Extended to 2031

EPA will retain enforceable Maximum Contaminant Levels (MCLs) for PFOA and PFOS, two of the most well-known and toxic PFAS. However, the agency plans to extend the compliance deadline by two years, from 2029 to 2031. This gives public water systems additional time to develop and implement treatment strategies where these contaminants are detected.

EPA is expected to publish a proposed rule in fall 2025 and finalize it in spring 2026. This move is intended to support systems that are facing technical and financial challenges in meeting the standards.

#2: Regulations for Four Other PFAS Will Be Reconsidered

In a notable shift, EPA plans to rescind and reevaluate its regulatory determinations for the following PFAS:

• Perfluorohexane sulfonic acid (PFHxS)
• Perfluorononanoic acid (PFNA)
• Hexafluoropropylene oxide dimer acid (HFPO-DA or GenX)
• Perfluorobutane sulfonic acid (PFBS) (included via a Hazard Index)
  

The agency states it will ensure future determinations follow the legal framework of the Safe Drinking Water Act. No specific timeline has been provided for this process, but regulated entities should monitor closely for updates.

#3: Legal Support for PFOA/PFOS Rules

EPA reaffirmed its commitment to defend the PFAS rule in court, particularly as it pertains to PFOA and PFOS. Ongoing litigation could influence the scope and timing of future PFAS enforcement, and legal challenges are expected to continue across jurisdictions.

#4: EPA Launches New PFAS Support Initiatives

Recognizing the complexity of PFAS mitigation, EPA announced a new PFAS OUTreach Initiative (PFAS OUT) aimed at directly connecting with utilities that need capital improvements to comply with PFAS standards. This program will supplement existing Water Technical Assistance (WaterTA) offerings, which include:

• Water quality testing
• Technical planning
• Operator training
• Public outreach strategy development
• Support for accessing federal funding

What This Means for You, Our Clients

For municipalities, water utilities, and industrial dischargers, these developments offer both relief and new uncertainty. While the extended timeline for PFOA and PFOS compliance provides breathing room, the rollback of four PFAS regulations may signal a shift in enforcement strategy. EPA’s new initiatives suggest increased federal involvement in PFAS remediation and funding, but also increased scrutiny.

Entities subject to the Clean Water Act or Safe Drinking Water Act should:

• Review current PFAS testing protocols and MCL compliance plans
• Evaluate legal exposure in light of the extended deadlines and rescinded regulations
• Track EPA rulemaking closely over the next year
• Consult environmental counsel before making infrastructure or treatment investments

How a California Water Lawyer on Our Team Can Help

Our team is actively monitoring PFAS regulation at the federal and state levels. We advise clients in various industries on regulatory compliance, risk mitigation, and litigation strategy related to emerging contaminants. If your organization needs guidance navigating the evolving PFAS landscape, we’re here to assist. Contact us to learn more.