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United States Environmental Protection Agency Administrator Lee Zeldin Makes a Statement with PFAS Press Release

United States Environmental Protection Agency Administrator Lee Zeldin Makes a Statement with PFAS Press Release

[Note: This blog was originally published on April 28, 2025 by and is reprinted here with the permission of Earth & Water Law]

By Edward (Ned) B. Witte, Heather A. Davis (Witte Davis Law) and Karen Bennett (Earth & Water Law)

Today, April 28, 2025, United States Environmental Protection Agency (“US EPA”) administrator Lee Zeldin issued an anticipated press release outlining the US EPA’s priorities for addressing per- and polyfluoroalkyl substances (PFAS) under federal statutory and regulatory authorities.

US EPA’s announcement, entitled “Major EPA Actions to Combat PFAS Contamination,” appears to be an exception to the deregulatory push that the Trump administration has otherwise advanced in the environmental area.1

The press release is relatively short on details, but here is what can be taken away from today’s announcement:

  • US EPA will pursue identification of “an agency lead” for PFAS2
  • US EPA appears to prioritize identification of “effluent limitations guidelines, or ‘ELG’s’” for certain PFAS under Clean Water Act authorities
  • US EPA appears to be prepared to defer to the Republican-controlled Congress to take a lead role in developing statutory authorities with a “clear liability framework that ensures the polluter pays and passive receivers are protected.”
US EPA’s initiative announced today is consistent with what many have expected from the agency related to PFAS. In particular, US EPA breaks its priorities in today’s announcement into 3 buckets, with “Strengthening the Science” leading off.3 Many have suspected that US EPA will revisit the science and toxicology related to certain underpinnings of PFAS health risk to ensure its regulation of these substances mirrors the updated science.
 
In the category of scientific review, Zeldin’s announcement also indicates the (a) implementation of a TSCA testing strategy to evaluate “hazard characteristics and exposure pathways” (b) gathering of additional information to evaluate airborne PFAS risks; (c) enhancement of destruction and disposal guidance; and (d) development and improvement of PFAS testing methods.
 
The second bucket, “Fulfilling Statutory Obligations and Enhancing Communication,” emphasizes the development of Clean Water Act Effluent Limitation Guidelines “for PFAS manufacturers and metal finishers.” US EPA also indicates it will evaluate other ELG’s necessary for PFAS discharges.
 
While it appears that the US EPA is wholly deferring to Congress in regard to the Biden-era “PFAS Strategic Road Map” priority initiative of listing PFOA and PFOS as CERCLA hazardous substances,4 today’s announcement includes a possible effort to better determine how RCRA authorities could be used to address releases from manufacturing operations. A common theme throughout the press release appears to be the prevention of upstream releases of PFAS in order to prevent human exposure in the environment.
 
Finally, the last category of initiatives comes under the heading “Building Partnerships,” wherein US EPA seeks to advance remediation and cleanup efforts where drinking waters are impacted by PFAS contamination. US EPA proposes to (a) work with states, utilizing a “cooperative federalism” theme, to assess risks from PFAS contamination; (b) develop analytical and risk assessment tools; (c) further the early 2024 Biden administration’s biosolids risk assessment – including “determin[ing] a path forward based on comments,” and, again, (d) “resource and support investigations into violations to hold polluters accountable.”
 
In his quoted support for the announcement, Zeldin indicates that the agency’s PFAS priorities include working with all of EPA’s program offices, advancing research and testing, stopping PFAS from getting into water systems and “holding polluters accountable and providing certainty for passive receivers.”
 

1 For further reading about the US EPA’s current regulatory initiatives, see prior E&W Blogs “E&W Law Partner Ned Witte quoted in InsideEPA article entitled, “EPA Data Shows Broad PFAS Exceedances, Complicating SDWA Rule Review” (April 4, 2025), and “Assessing the Present Shift in Federal PFAS Regulation,” (March 14, 2025)

2Link and reprint provided with permission (3/17/25) of Inside Washington Publishers, which does not endorse this publication.

3 For further reading about the use of “best available science,” in agency decision making and the SDWA MCL, see prior E&W Blogs “E&W Law Partner Susan Bodine authors article, “Best and Available Science” and Agency Decision-Making,” (April 10, 2025) and “E&W Law Partners E. Donald Elliott, Susan Bodine, and Jeffrey Longsworth draft pro bono amicus brief to the D.C Circuit on behalf of Toxicology Excellence for Risk Analysis and the International Society of Regulatory Toxicology and Pharmacology,” (April 17, 2025)

4For a webinar video regarding the implications of CERCLA “listing” of PFAS as a CERCLA hazardous substance, see the Regenesis webinar recording entitled “Identifying PFAS as a CERCLA Hazardous Substance: Are You Ready of This?” (2021)

Edward B. (Ned) Witte and Heather A. Davis are founding partners of Witte Davis Law, a boutique environmental law firm with a national PFAS practice. Witte Davis Law attorneys are licensed in Wisconsin, North Carolina, Kentucky, Oregon, and Texas.

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