CSG Law Alert: EPA Lists 21 Actions to Address PFAS Contamination
The U.S. Environmental Protection Agency (EPA) administrator Lee Zeldin announced on April 28, 2025 the Trump administration’s plan to address contamination from Per- and Polyfluoroalkyl Substances (PFAS). EPA intends to address PFAS contamination primarily through scientific study, regulation and enforcement. Importantly, EPA will designate an agency lead to better coordinate and manage PFAS efforts across EPA programs. EPA’s announcement also states it will engage with Congress and industry to establish a clear liability framework that ensures the polluter pays and passive receivers are protected.
A major impetus for EPA’s announcement is the widespread concern that these “forever chemicals” are entering drinking water systems throughout the United States. In addition to addressing drinking water concerns, EPA’s announcement addresses fulfilling statutory obligation and enhancing communication, strengthening science, and building partnerships. While notably light on details, several of the more notable announced actions are listed below.
Drinking water
- Address the most significant compliance challenges and requests from Congress and drinking water systems related to national primary drinking water regulations for certain PFAS.
- Work with Congress and industry to establish a clear liability framework that operates on polluter pays principles and protects passive receivers.
- Advance remediation and cleanup efforts where drinking water supplies are impacted by PFAS contamination.
- Use Safe Drinking Water Act authority to investigate and address immediate endangerment.
Fulfilling statutory obligations and enhancing communication
- Develop wastewater effluent limitation guidelines (ELGs) for PFAS manufacturers and metal finishers and evaluate other ELGs necessary for reduction of PFAS discharges.
- Address the most significant compliance challenges and requests from Congress and drinking water systems related to national primary drinking water regulations for certain PFAS.
- Add PFAS to the Toxic Release Inventory (TRI) in line with Congressional direction from the 2020 National Defense Authorization Act. (Note that the TRI currently includes 205 PFAS compounds subject to reporting by certain industries.)
- Determine how to better use Resource Conservation and Recovery Act (RCRA) authorities to address releases from manufacturing operations of both producers and users of PFAS.
- Implement the Toxic Substances Control Act (TSCA) Section 8(a)7 to collect necessary information, as Congress envisioned and consistent with TSCA, without overburdening small business and article importers.
Strengthening the science
- Implement a PFAS testing strategy under TSCA, Section 4, to seek scientific information informed by hazard characteristics and exposure pathways.
- Launch additional efforts on air-related PFAS information collection and measurement techniques related to air emissions.
- Ramp up the development of testing methods to improve detection and strategies to address PFAS.
Building partnerships
- Advance remediation and cleanup efforts where drinking water supplies are impacted by PFAS contamination.
- Work with states to assess risks from PFAS contamination and the development of analytical and risk assessment tools.
- Provide assistance to States and tribes on enforcement efforts.
- Resource and support investigations into violations to hold polluters accountable.
One of the EPA’s primary PFAS goals is to ensure that the polluters pay and so that utilities and others do not pass PFAS related costs onto the consumers. EPA notes that it will continue to address PFAS issues over the course of the current administration.