“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS).
This special edition provides an update on the EPA’s April 28, 2025, announcement of a comprehensive set of actions targeting PFAS contamination as part of the Trump administration’s “Powering the Great American Comeback” initiative.
Look for new editions every month and feel free to reach out to the McGuireWoods team with questions regarding PFAS issues.
On April 28, 2025, the EPA announced a series of actions aimed at addressing contamination from PFAS. These measures, outlined by EPA Administrator Lee Zeldin, are part of the Trump administration’s broader “Powering the Great American Comeback” initiative.
Zeldin emphasized the EPA’s intent to take a comprehensive approach, stating, “We are tackling PFAS from all of EPA’s program offices, advancing research and testing, stopping PFAS from getting into drinking water systems, holding polluters accountable, and providing certainty for passive receivers.” The actions are framed around three principles: strengthening scientific research, meeting statutory obligations while enhancing communication and building partnerships with affected entities.
In fulfilling its statutory responsibilities, the EPA aims to enforce relevant provisions of the Clean Water Act (CWA), Toxic Substances Control Act (TSCA), Resource Conservation and Recovery Act, and Safe Drinking Water Act (SDWA). The agency also plans to add additional PFAS chemicals to the Toxics Release Inventory under Section 313 of the Emergency Planning and Community Right-to-Know Act, as required by the 2020 National Defense Authorization Act and explore how best to address PFAS releases from manufacturing facilities. Further, the EPA plans to determine a path forward on its proposed Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS), whose public comment period was extended until Aug. 14, 2025.
Among the initiatives announced, the agency will appoint a dedicated lead for PFAS coordination and develop effluent limitations guidelines (ELGs) applicable to PFAS manufacturers and metal finishers under the CWA. As reported in the February 2025 Contaminants Compass, the Office of Management and Budget withdrew a proposed rule on the CWA ELGs for PFAS manufacturers on Jan. 21, 2025.
Under TSCA, the announcement states that scientific initiatives will include the implementation of a PFAS testing strategy under Section 4, enforcement of TSCA limitation on PFAS use, and implementation of its reporting and recordkeeping requirements under Section 8(a)7 to “smartly collect necessary information,” without burdening industry. This rule was delayed, and the reporting period now starts July 2025.
Additional initiatives include expanded efforts to detect PFAS air emissions and a commitment to issue annual updates to the agency’s PFAS Destruction and Disposal Guidance, reported in the October 2024 Contaminants Compass.
The EPA also committed to reviewing compliance challenges arising from the PFAS National Primary Drinking Water Regulations (NPDWR) under SDWA. Water utilities urged the EPA to delay the compliance deadline of the NPDWR Rule by two years. Under the current rule, regulated water systems must comply with the rule’s maximum contaminant levels by April 26, 2029.
Notably absent from the announcement are details on the agency’s next steps regarding the CERCLA hazardous substance designation for PFOA and PFOS. While the agency plans “to establish a clear liability framework that operates on polluter pays and protects passive receivers,” it remains unclear how this will affect the rule’s litigation that is currently stayed. On April 25, the EPA requested from the U.S. Court of Appeals for the D.C. Circuit an additional 30 days to determine how it will proceed in litigation challenging the Biden administration’s hazardous substance rule. In its unopposed motion to continue abeyance, the EPA explained that it requires more time to review the rule.
The EPA indicated that the actions announced represent only an initial phase and further measures to address PFAS contamination will follow. While the specifics of these measures remain unclear, PFAS regulations will certainly continue to persist under the second Trump administration.
