EPA to Repeal Key Protections Against Toxic Forever Chemicals in Tap Water

The U.S. Environmental Protection Agency (EPA) today announced plans to repeal health standards for four of six toxic PFAS “forever chemicals” found in drinking water and to delay implementation of the remaining two standards, reversing course on a crucial public health rule adopted last year.

About half of the U.S. population is drinking PFAS-contaminated water, including as many as 105 million whose water violates the new standards, and the EPA has known for decades that PFAS endangers human health, including kidney and testicular cancer, liver damage, and harm to the nervous and reproductive systems.

The EPA restricted six PFAS chemicals in April 2024, the first time the agency issued a final rule on its own initiative for unregulated contaminants in tap water in 28 years. The chemical industry, which manufactures these forever chemicals that pollute the nation’s water, sued to block the rule; water utility trade associations, which are responsible for protecting their customers’ health from toxic chemicals in tap water, joined the chemical industry to challenge the PFAS rule. NRDC and its allies are intervenors in that litigation, seeking to protect the standards. The groups are expected to oppose the EPA’s new action, which is unlawful under the Safe Drinking Water Act’s “anti-backsliding” provision, which says the agency cannot legally weaken these rules.

The following are reactions from Erik D. Olson, senior strategic director of health at NRDC (Natural Resources Defense Council), and Dr. Anna Reade, director of PFAS advocacy at NRDC:

“With a stroke of the pen, the EPA is making a mockery of the Trump administration’s promise to deliver clean water for Americans. More than 100 million people are drinking water contaminated with ‘forever chemicals,’ which can cause cancer, harm fetuses and kids, and pose other health hazards. But now the administration is going to toss out most of these long-sought protections and allow this contamination to continue unabated all at the behest of the chemical industry and water utilities. With this action, the EPA is making clear that it’s willing to ignore Americans who just want to turn on their kitchen taps and have clean, safe water. The EPA’s plan to retain but delay standards for two legacy 'forever chemicals' may offer modest consolation to some, but throwing out protections against four others will be devastating. The law is very clear that the EPA can't repeal or weaken the drinking water standard.This action is not only harmful, it’s illegal," said Olson.

“The federal government knows toxic ‘forever chemicals’ are dangerous to our health and it’s well established that drinking water is a major route of exposure to PFAS for many people. The PFAS crisis is immense, and we need more action, not less, to protect people from this extraordinary environmental and public health threat,” said Reade.

Background:

Per- and polyfluoroalkyl substances (PFAS) are a class of thousands of synthetic chemicals that are widely used in an array of consumer, commercial, and industrial products due to their ability to withstand heat and repel water and stains. Also known as “forever chemicals,” PFAS are extremely persistent in the environment and can accumulate in humans or animals. PFAS exposure is linked to many negative health effects at extremely low levels of exposure, including but not limited to kidney and testicular cancer, liver and kidney damage, changes in hormone and lipid levels, and harm to the nervous and reproductive systems.

After decades of advocacy on the part of environmental and public health advocates, the EPA proposed in March 2023 to regulate six PFAS chemicals in drinking water. In April 2024, the agency concluded there is no safe level of PFOA or PFOS exposure, and the final rule covered six PFAS chemicals in total, and set individual limits for five PFAS chemicals and a limit on mixtures of four PFAS chemicals. The rule also requires water systems to monitor for the six regulated PFAS chemicals and publicly communicate their compliance with the new limits, while giving them the law’s maximum compliance time of five years to comply by April 2029. The rule is a long overdue step to address a public health crisis that threatens millions of people nationwide.

The EPA reportedly plans to repeal four of the six PFAS drinking water standards—those for GenX (the forever chemical that contaminates the drinking water source of 500,000 people in North Carolina), as well as for PFHxS, PFNA, and the hazard index, which includes PFBS. The agency says it plans to extend the compliance deadline for the other two legacy PFAS covered by the rules (PFOA and PFOS) by 2 years from 2029 to 2031.

Additional Resources:

What to Expect in Key EPA Cases on PFAS and Lead in Drinking Water - Blog

American Water Works Association et al. v. EPA - Court Documents

Water Utility Groups Seek to Dismantle Public Health Protections - Blog

Toxic Drinking Water: The PFAS Contamination Crisis - Factsheet