EPA Proposes Rescinding Drinking Water Standards for Various PFAS

US EPA proposed to rescind regulatory determinations and remove requirements established for three per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA): PFHxS, PFNA, and HFPO-DA (also called “GenX’), and for mixtures of these three with a fourth substance—perfluorobutane sulfonic acid or PFBS. This proposed rule would not affect drinking water regulations in place for two other PFAS chemicals—PFOA and PFOS. 

Why is EPA Removing the Rules?

EPA is removing drinking water regulations for these PFAS, including maximum contaminant levels (MCLs), because the restrictions were finalized without following the proper notice-and-comment procedure.  

Instead of announcing each contaminant individually and providing opportunity for public feedback on each one, the agency lumped them all together and “proposed and finalized regulatory determinations and regulations for these PFAS simultaneously and in tandem.” 

“Under the best reading of the (Safe Drinking Water Act), the EPA is not authorized to take such actions simultaneously and therefore, the Agency proposed to rescind those regulatory determinations, Maximum Contaminant Level Goals (MCLGs) and associated portions of the 2024 PFAS NPDWR.” 

EPA finalized the National Primary Drinking Water Regulation (NPDWR) that established limits for these PFAS in April 2024. The Rule is the subject of a legal challenge brought by the Association of Metropolitan Water Agencies and the American Water Works Association. 

The petition submitted in the DC Circuit Court of Appeals reads in part: 

“EPA finalized this rule without following the process mandated by Congress, without allowing the public an adequate opportunity to provide comment, and without addressing the concerns raised by those who work to deliver safe and affordable drinking water to their communities.” 

EPA will accept comments on the proposal to rescind these SDWA regulations until July 20, 2026.