The U.S. Environmental Protection Agency (EPA) has announced two proposed rules regarding per- and polyfluoroalkyl substances (PFAS) in drinking water. The first proposed rule would allow drinking water systems to request an additional two years to comply with the federal drinking water standards for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).
The EPA issued a final National Primary Drinking Water Regulation (NPDWR) for six PFAS in April 2024, which established Maximum Contaminant Levels (MCLs) for PFOA, PFOS, and other PFAS. The regulation required water systems to comply with the MCLs by 2029. They are now seeking to extend this deadline.
The proposed rule would extend the compliance deadline for PFOA and PFOS to 2031 for systems that submit a request. It is proposing this extension because many water systems need more time to comply with the drinking water limits for these substances, including implementing compliance challenges related to the new regulations.
PFOA and PFOS are contaminants that have been linked to health problems, and the EPA has established health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these substances. The agency is proposing the extension rule because it recognizes that extra time allows for the cost of PFOA and PFOS removal technologies to decrease through technological advancements and production efficiencies.
According to the outlet, if the 2029 deadline is not extended, costly violations could be levied that would only add paperwork and fees, distracting from efforts to reduce exposure to PFOA and PFOS. The EPA notes that this extra time will help water systems focus on reducing exposure to these substances.
The second proposed rule would rescind the regulatory determinations and regulations for perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA), and mixtures of these PFAS plus perfluorobutane sulfonic acid (PFBS). The EPA is proposing this action on legal grounds, citing an unlawful procedure under which the regulations were promulgated.
The EPA will hold virtual public hearings on July 7, 2026, to present information on the proposed rules and receive verbal comments. Comments are due July 20, 2026. They are also seeking comment on the information collection provisions of the proposed PFOA and PFOS extension rule under the Paperwork Reduction Act (PRA), which is essential for business success in the context of regulatory compliance.
In its announcement, the agency highlights other actions it is taking to address PFAS contamination, including advancing technology-based effluent limitations and pretreatment standards for key industrial categories that discharge PFAS. The EPA intends to issue a proposed rule “in the coming months” and is using its Toxic Substances Control Act (TSCA) authorities to ensure new and existing chemicals are subject to scientific review before they enter commerce, similar to the steps taken after a car accident requires a thorough investigation.
The agency seeks to hold polluters accountable for legacy contamination consistent with the polluter-pays principle. Because the EPA‘s enforcement discretion policy alone cannot shield passive receivers from third-party cleanup lawsuits, it concludes that “a durable statutory fix from Congress is necessary.”
More information on the final rule is available on the EPA’s website. The agency will take steps to follow through on its commitment to evaluate additional PFAS in drinking water for future regulation once it has taken final action to rescind the current regulations for PFHxS, PFNA, HFPO-DA, and Hazard Index mixtures of these PFAS plus PFBS.
