EPA’s potable water quality standards - rescinding on the way?
Since the SCOTUS ruling in 2023 which cancelled Clean Water Act protections for isolated wetlands, the entire concept of drinking water standards appears to be in serious decline.
Sept. 11, 2025 the EPA asked the DC Circuit Court to vacate its own Maximum Contaminate Levels (MCLs) for four of the six PFAS tested for in EPA’s National Drinking Water Standards tests. The results were published in 2024 - National Primary Drinking Water Regulations | US EPA. EPA has recently made the claims the rulemaking process was procedurally flawed according to the Safe Drinking Water Act. If the DC District Court does not vacate the MCL’s for the four PFAS; PFNA, PFHxS, HFPO-DA, & PFBS, the EPA may pursue rescission through a new rulemaking process.
A new Comprehensive Environmental Response Compensation & Liability Act (CERCLA) Section 102(a) Framework Rule is in development to guide further designations, require cost considerations. EPA will revise Toxic Substances Reporting Act (TSCA) of the PFAS data reporting rule (originally finalized in Oct. 2023) to exempt small manufacturers and imported articles.
Summary and Takeaways -
Regulatory focus is narrowing - PFOA & PFOS will still be regulated without the other 4 PFAS. Result reduces compliance burdens and costs to potable water suppliers, also potentially limiting the scope of enforceable PFAS cleanup.
CERCLA & Resource Conservation and Recovery Act (RCRA) designations remain critical for liability and remediation funding.
TSCA changes - may ease reporting burdens for small entities and allow more flexibility in risk evaluations. May also increase PFAS utilization for such ‘small’ entities allowing more PFAS pollution from an unidentified source.
Litigation and Political shifts - EPA drinking water standards began under Trump #45 and were published under Biden. Now the current Federal administration appears to be removing or lessening the testing and reporting requirements for PFAS.
Sources: Taft Stettinius & Hollister LLP - Sept. 18, 2025, Holland & Knight LLP - Oct. 7, 2025, K&L Gates LLP - Oct. 9, 2025.