EPA Administrator Lee Zeldin recently issued a press release that “Announces Major EPA Actions to Combat PFAS Contamination.”  As we generally expected, the announcement did not include plans to rescind Biden-era PFAS rules or regulations, though EPA subsequently announced that it would be rescinding drinking water standards (known as MCLs) for PFHxS, PFNA, GenX, and a mixture of these three PFAS plus PFBS.  EPA also has announced that it will be delaying compliance deadlines for the PFOA and PFOS MCLs (which EPA says will not be withdrawn), and for the one-time TSCA reporting rule that will require many businesses to file a one-time report of PFAS used between 2011 and 2022.

EPA’s recent press release shares many conceptual similarities to the previous Administration’s “PFAS Road Map,” but it also contains several differences and shines light on the Trump EPA’s priorities.  It remains to be seen how some of these priorities – particularly the scientific research, cleanup, and enforcement priorities – will be impacted by the anticipated EPA budget reductions.

Administrator Zeldin’s announcement includes three bulleted lists of PFAS priorities under the following headings: “Strengthening the Science,” “Fulfilling Statutory Obligations and Enhancing Communication,” and “Building Partnership.”  Our initial observations regarding each set of priorities are below.

“Strengthening the Science”

This section includes a plan to designate an agency lead for PFAS to better align and manage PFAS efforts across agency programs, and a plan to more frequently update EPA’s “PFAS Destruction and Disposal Guidance.”  These actions seem geared towards assisting the regulated community in navigating EPA’s increasingly complex web of PFAS requirements and the uncertainty and challenges associated with PFAS waste disposal. 

This section also states that EPA intends to launch additional efforts to facilitate collection and measurement techniques for PFAS air emissions.  It further says that EPA will identify and address “information gaps” where not all PFAS can be measured and controlled, and that EPA will ramp up the development of PFAS testing methods.  These plans appear consistent with previous efforts of the Biden Administration.

 “Fulfilling Statutory Obligations and Enhancing Communication”

 This section interestingly begins with EPA committing to develop effluent limitation guidelines (“ELGs”) for PFAS manufacturers and metal finishers, even though an early action of the Trump Administration (before Zeldin was appointed) was to withdraw proposed ELGs drafted by the previous Administration that would have applied to certain PFAS manufacturers. 

Administrator Zeldin also states that EPA plans to implement the previously mentioned one-time TSCA reporting rule “to smartly collect necessary information. . . without overburdening small businesses and article importers.”  This phrasing, along with the subsequent delay of the compliance deadline, seems to signal an intention to reduce the scope of the rule.  While such a reduction likely would be welcome news to many businesses, these announcements also introduce uncertainty to the ongoing data collection efforts that many businesses have already begun to comply with the current rule.

This section also includes several plans that are consistent with previous EPA objectives, including efforts to use authority under RCRA, the CWA, TSCA, and the SDWA to prevent and address PFAS releases, and to prioritize risk-based reviews of new and existing PFAS chemicals under TSCA.

 Finally, in perhaps the most politically significant announcement of the press release, Administrator Zeldin states his intent to “work with Congress and industry to establish a clear liability framework” where the polluter pays and so-called passive receivers are protected.  This is the only initiative in the announcement where he indicates Congressional action will be necessary to accomplish the objective.  If legislation were to move forward, we anticipate significant debate regarding the definition of “passive receiver,” as several industry groups have already argued that they should be included within this definition.        

“Building Partnerships”      

 This Section highlights Administrator Zeldin’s plans to assist states and tribes on several PFAS-related matters, including enforcement, research and investigation, and state air petitions.  It also says EPA will finish the public comment period for the draft biosolids risk assessment and determine a path forward based on the comments. 

Administrator Zeldin states that EPA will advance remediation and cleanup efforts “where drinking water supplies are impacted by PFAS contamination.”  This may indicate that he plans to focus EPA’s resources on areas where drinking water resources have been impacted, rather than in areas (such as many urban and industrial areas) where groundwater generally is not used for drinking.