PFAS Regulation in Trump Administration: What’s Changed, What Hasn’t

With the return of the Trump administration, several regulatory priorities from the Biden era are under review—including those targeting PFAS, or per- and polyfluoroalkyl substances. These “forever chemicals,” which persist in the environment and have been linked to adverse health outcomes, remain a top concern for water systems, municipalities, and industrial stakeholders. While many rules were finalized before the administration change and continue to stand, others have already been rolled back or placed under scrutiny.

Here’s a look at where PFAS regulation stands today:

Drinking Water Standards: Still Moving Forward

The EPA’s national drinking water standards for PFAS, finalized in April 2024, remain unchanged under the new administration. These regulations, issued under the Safe Drinking Water Act, establish maximum contaminant levels (MCLs) for six PFAS compounds. While legal challenges have been filed—primarily by industry groups—these MCLs are not subject to the Trump administration’s freeze on pending regulations, as they were published before the change in leadership.

Implementation is phased:

• 2024–2027: Initial monitoring of PFAS levels in drinking water begins.

• 2027–2029: Utilities must report results in annual Consumer Confidence Reports.

• 2029 onward: Any violations of the new MCLs must be publicly disclosed.

Pending litigation may still alter how these rules are enforced, but for now, water systems are on track to comply with the established timeline.

CERCLA Designation: PFOA and PFOS Now Hazardous Substances

Also untouched—for now—is the EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA (the Superfund law), finalized in mid-2024. This designation empowers the EPA to:

• Initiate cleanups at contaminated sites,

• Recover costs from potentially responsible parties, and

• Require reporting of releases of these substances.

Although the EPA has indicated it will focus enforcement on industrial dischargers rather than municipal wastewater and drinking water agencies, this discretionary enforcement policy does not shield agencies from potential litigation by third parties, such as citizens or state governments.

In response, the Water Systems PFAS Liability Protection Act—originally introduced during the last Congress—has been reintroduced in 2025. This bipartisan bill would protect compliant public water and wastewater systems from CERCLA liability, though its future remains uncertain.

Industrial Wastewater Rule Withdrawn

One notable shift under the Trump administration is the withdrawal of a proposed rule to limit PFAS in industrial wastewater discharges. The EPA had advanced this rule to the White House in 2024, proposing new effluent limitation guidelines and best practices for reducing PFAS in industrial outflows. However, because the rule had not yet cleared White House review by the time of the presidential transition, it was ultimately withdrawn.

The EPA’s future direction on PFAS in industrial wastewater is now unclear, but it may be influenced by new EPA Administrator Lee Zeldin, a former Congressman from New York who previously supported bipartisan PFAS legislation. In recent testimony, Zeldin affirmed that addressing PFAS would remain an EPA priority—suggesting that further action on industrial discharges remains possible, even if the path forward differs from what was planned under Biden.

Will the Courts Rein in PFAS Regulations?

Notably, both the MCL rule and the CERCLA designation are being challenged in federal court by a coalition of industry groups, including water associations and chemical manufacturers. These legal challenges assert that the EPA exceeded its statutory authority and did not adequately consider the economic burdens of compliance. While the outcome of these cases is still pending, the Trump administration’s approach to defending—or potentially settling—these lawsuits could shape the trajectory of PFAS regulation over the next several years.

Bottom Line

For now, the cornerstone PFAS regulations finalized under the previous administration—drinking water standards and CERCLA designations—remain intact, despite legal challenges. Water systems and regulated industries should continue preparing for compliance, while keeping a close eye on court rulings and potential regulatory shifts. At the same time, the rollback of pending wastewater discharge limits highlights how quickly regulatory landscapes can shift with a change in administration.

We’ll continue to monitor developments and provide updates as more clarity emerges around how PFAS regulation will evolve under the Trump administration. If you’d like to stay up to date on any upcoming developments, you can subscribe to our newsletter here.