EPA Will Repeal Majority of ‘Forever Chemical’ Rule

The U.S. Environmental Protection Agency (EPA) will rollback most of the Biden administration’s first nationwide drinking water standard aimed at protecting people from “forever chemicals” known as per- and polyfluoroalkyl substances (PFAS).

EPA Administrator Lee Zeldin did announced the agency would keep the current National Primary Drinking Water Regulations (NPDWR) for two chemicals though, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).

The agency said it is committed to addressing PFAS in drinking water while following the law and ensuring that regulatory compliance is achievable for drinking water systems. 

Last year, the Biden administration had set limits for five individual PFAS chemicals: PFOA, PFOS, PFNA, PFHxS, and HFPO-DA. Biden’s rule gave all public water systems three years to complete monitoring for these chemicals and required them to inform the public of the level of PFAS measured in their drinking water. In instances where PFAS chemicals are found at levels that exceed the standards, the water systems were required to install systems to reduce PFAS in their drinking water by 2029, Reuters reported.

Under the new proposal announced last week, the EPA would allow drinking water systems more time to develop plans for addressing PFOA and PFOS and extend the compliance date for those two PFAS chemicals to 2031. Trump’s administration would also rescind the regulations and reconsider the regulatory determinations for the other three PFAS chemicals. EPA plans to issue a proposed rule this fall and finalize it by spring 2026.

EPA also will continue to offer free water technical assistance (WaterTA) that provides services to water systems to improve their drinking water and help communities access available funding. EPA’s WaterTA initiatives work with water systems nationwide to identify affordable solutions to address PFAS.

Meanwhile, on May 13, the state of New Jersey and 3M announced a settlement of up to US$450 million to a 2019 lawsuit related to the Chambers Works site in Salem County, New Jersey, currently owned by The Chemours Co. The settlement extends to PFAS-related claims that the state of New Jersey and its departments have, or may in the future have, against 3M. The settlement is the largest statewide PFAS settlement in New Jersey history.

In 2000, 3M announced it was voluntarily exiting PFOA and PFOS manufacturing and, in 2022, that it would discontinue all PFAS manufacturing by the end of 2025. 3M remains on track to do so.