Another Day, Another Important PFAS Update: EPA Explains Its Stance on National Drinking Water Standards

On May 14, 2025, the U.S. Environmental Protection Agency (EPA) announced important details about how it will approach the National Primary Drinking Water Regulations that went into effect last June for six per- and polyfluoroalkyl substances (PFAS): PFOA, PFOS, PFHxS, PFNA, HFPO-DA, and PFBS. This announcement, which reiterates EPA’s commitment to cleaning up PFAS in drinking water while easing the burden and expense on local water utilities, expands upon EPA’s April 28, 2025 announcement, which we reported on in our April 2025 Blog.

The new announcement states that EPA will keep the drinking water standards for PFOA and PFOS, confirming that water utilities must continue to invest in cleaning up contaminated water systems. However, to ease the challenges that water utilities are expected to face in their efforts to comply with the regulations, EPA will (1) extend the compliance deadline; (2) provide additional support to water utilities known to be impacted by PFAS contamination; (3) hold polluters accountable; and (4) rescind the drinking water standards for PFHxS, PFNA, HPFO-DA, and PFBS.

While it appears for now that EPA will continue to focus its attention with respect to drinking water on PFOA and PFOS, it will extend by two years the deadline for compliance with the drinking water standards for those two substances, to 2031 instead of 2029. EPA plans to issue a proposed rule to that effect this fall and to finalize the rule in Spring 2026.

To further ease the burden and expense of compliance with the drinking water standards for PFOA and PFOS, EPA will enhance communication and outreach to water utilities. EPA will launch a PFAS OUTreach Initiative (PFAS OUT) to share resources, tools, funding, and technical assistance to water utilities known to need capital improvements to address PFAS. EPA will also continue to offer free water technical assistance (WaterTA) to help utilities identify affordable solutions to assess and address PFAS and access federal funding opportunities.

Of consequence to manufacturers and users of PFAS, EPA also reaffirmed in the announcement its commitment, which it had also underscored in its April 28 announcement, to holding polluters accountable, including to “reduc[e] concentrations of PFAS in drinking water sources” in order to lower “the cost burden for water systems and … the cost of living for the communities they serve.”

The announcement does not set forth a timeline for EPA’s anticipated revocation of the drinking water standards for PFHxS, PFNA, HPFO-DA, and PFBS.

Our team will continue to closely monitor and report on developments related to EPA’s approach to PFAS regulation and enforcement. Please reach out to any of us for further information.

© Arnold & Porter Kaye Scholer LLP 2025 All Rights Reserved. This Blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.