On May 18th, the EPA announced a new strategy on PFAS, two proposed drinking water rules for public comment. Following publication in the Federal Register, EPA is accepting written public comments on the two proposed rules for 60 days. Please note there are two separate rulemaking dockets for the rules, and comments pertaining to a specific proposed rule must be submitted to the appropriate docket for EPA’s consideration. WWEMA was invited to participate in the announcement meeting at the EPA headquarters in Washington, DC.
The EPA announcement was in collaboration with the Department of Health and Human Services, and it was related to perfluoroalkyl and polyfluoroalkyl substances (PFAS). As part of the developing strategy, EPA is highlighting innovative PFAS treatment and destruction technologies, announcing nearly $1 billion in new funding to states to address PFAS in drinking water, and issuing two proposed rules for public comment that uphold the National Primary Drinking Water Standards for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).
EPA also announced $1 billion in grant funding to address PFAS and other emerging contaminants in drinking water through the Emerging Contaminants in Small or Disadvantaged Communities Grant. This brings the total funds available for such activities to $5 billion. The EPA also announced an opt-in process through which eligible drinking water systems may apply for up to two additional years—until 2031—to come into compliance with enforceable limits. Under EPA’s proposal, water systems would need to apply and meet specific eligibility requirements to receive up to a two-year extension beyond the 2029 PFOA and PFOS compliance deadline, while systems ready to comply by 2029 could proceed on the original schedule.
Regarding the second proposed rule, the EPA would revisit regulations for PFHxS, PFNA, GenX chemicals, and PFBS hazard index standards due to concerns that the previous rulemaking process did not fully follow Safe Drinking Water Act requirements, potentially creating legal vulnerability and uncertainty for water systems.
Aside from information on the proposed rules the EPA also restated that it is working on developing stricter wastewater discharge and pretreatment standards for industries that release PFAS and utilizing its authority under the Toxic Substances Control Act to closely review PFAS chemicals before they enter commerce. The EPA also reiterated their PFAS OUT initiative that was launched in April which focuses on providing support to communities and drinking water systems in an effort to reduce small, disadvantaged, and rural communities’ exposure to PFAS and PFOA’s. EPA also reminded interested parties of the other additional funding programs that exist to help drinking water systems address PFAS:
- $4 billion is being invested through the Drinking Water State Revolving Funds dedicated to address PFAS and emerging contaminants, which is in addition to general state revolving fund money.
- More than $6.5 billion in low-interest financing is currently available through the EPA’s Water Infrastructure Finance and Innovation Act (WIFIA) Loan program.
Regarding a timeline, the proposed rules will be published in the Federal Register with a 60-day public comment period, and in addition, PEA will hold a public hearing on July 7, 2026.
Click here to review Proposed PFOA and PFOS Compliant Extension Rule.
Click here to review Proposed PFAS Rescission Rule.