How PFAS regulations have changed in the Trump administration, so far

Much of what took place under the Biden administration is likely to be scrutinized by the new Trump administration. Regarding PFAS regulations in water and wastewater, here’s what we know.

Unchanged: EPA maximum contaminant levels for PFAS in drinking water remain in place

In April 2024, the U.S. Environmental Protection Agency (EPA) finalized maximum contaminant levels (MCLs) for six PFAS in drinking water under the Safe Drinking Water Act. Water systems are now working toward compliance following a five-year implementation timeline, with initial monitoring for PFAS in drinking water to be completed between 2024 and 2027. From 2027 to 2029, water systems will have to publish their initial monitoring results in Consumer Confidence Reports (CCRs), which must be sent to all ratepayers, along with regular monitoring for compliance and testing results published in each year’s CCR. Any violations of monitoring and testing requirements must be reported through public notices during this period. In 2029, PFAS MCL compliance will be fully enforced with public notice required for any MCL violation.

Because these regulations were finalized and published before the end of the Biden administration, they are unaffected by the Trump administration’s general order to reconsider non-final regulations, so they remain in effect. But a court challenge to the MCLs filed by water and chemical industry groups remains pending, and it is unclear what position the Trump administration may take in defending that lawsuit.

Unchanged: PFAS designation as hazardous substances in wastewater effluent under CERCLA is still in effect

Effective July 2024, the EPA finalized a rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. This designation authorizes the EPA to order cleanups at sites contaminated with these two PFAS, recover cleanup costs from potentially responsible parties and require responsible parties to report releases of these two PFAS. This regulation also creates Superfund liability for owners and operators of sites where there have been releases of PFOA and PFOS, exposing those agencies to the risk of citizen cost recovery suits for any environmental impacts.

While at the time of the designation, the EPA announced a "PFAS Enforcement Discretion and Settlement Policy," indicating it will likely not bring CERCLA actions against passive receivers like municipal facilities but rather focus on PFAS producers, this EPA policy does not exempt agencies from lawsuits filed by other parties like private citizens or state governments.

To prevent citizen CERCLA claims over PFAS against water and wastewater agencies, the bipartisan Water Systems PFAS Liability Protection Act was introduced into Congress under the previous administration and reintroduced in 2025. This bill provides that agencies following all applicable laws for disposing of PFAS going forward will be protected from CERCLA liability. This bill remains pending.

Changed: An EPA proposal to set federal limits on PFAS levels in industrial wastewater has been withdrawn

In 2024 the EPA submitted to the Biden White House a proposal to establish discharge limits on PFAS in industrial wastewater. The rule would have also developed effluent limitation guidelines (ELGs) for reducing PFAS discharges and recommended best practices for monitoring, sampling and deploying best available technologies.

This proposal has been withdrawn, as it was still pending White House review at the end of the last administration.

Looking Ahead: What to expect in the future

The last few years under the Biden administration have seen a variety of new PFAS related regulations, policies, and guidance that reshape the landscape for water and wastewater stakeholders. As the new Trump administration and EPA take the reins, they will be evaluating the current PFAS regulatory framework to ensure that any new developments align with their administration priorities. While some regulations remain firmly in place, others could face modifications, delays or challenges. Water and wastewater professionals should remain aware, tracking any changes in enforcement, liability protections and compliance timelines. The direction of PFAS policy will depend on how regulatory priorities evolve in the coming months.

Editor’s note: According to an article in The Guardian published on April 5, 2025, the EPA under the Trump administration is currently working on a new rule that would unbundle specific uses of certain state-level banned chemicals including PFAS. Currently, if a chemical is deemed to create an “unreasonable risk” in any use at all, for example clothing, its use by manufacturers can be banned altogether in any other product (at the state level).

Under the new rule, the EPA would undertake an evaluation of each single use, for example in clothing, in cosmetics, in televisions, food packaging etc. one by one. This would mean the chemical could not be banned in a general sense, allowing continued use in certain circumstances.

What does that mean? If PFAS in fast food packaging is shown to be an unreasonable risk because people are essentially eating it, it will no longer be able to be used for that purpose, but if there is a type of PFAS in a television that is not showing a direct link to the members of the household getting sick, it would still be allowed to be used for that purpose.

This could be viewed as a step backward as the water industry on all sides, drinking water, wastewater and stormwater, continues to address the human health aspect of the chemicals within the aggregated water cycle and stay within regulations compliance.

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As with anything, this is a developing situation, and Endeavor Business Media water group editors aim to keep the industry updated.