EPA Withdraws Guidance for States, Utilities on Preventing PFAS from Entering Drinking Water Sources
A memo from U.S. Environmental Protection Agency (EPA) leadership to its Regional Water Division directors withdraws guidance that encouraged states and wastewater utilities to use existing Clean Water Act authorities to prevent per- and polyfluoroalkyl (PFAS) pollution from entering waterways and drinking water systems.
The memo was signed by EPA Assistant Administrator for the Office of Water, Jessica Kramer, who was appointed by President Donald Trump and previously served as a Senior Advisor to EPA Administrator Lee Zeldin. The withdrawn guidance addressed in the memo was removed from EPA’s website, but a copy of it can be found here.
EPA initially issued this guidance to support states in using the Clean Water Act’s authority to curb PFAS pollution. According to the Southern Environmental Law Center, the Clean Water Act provides effective tools to prevent PFAS contamination. Some states and utilities are already using the Clean Water Act’s tools to effectively reduce PFAS contamination and exposure, and states and wastewater treatment plants still have authority to address PFAS pollution at its source by directing industries to treat their waste before it reaches sewage sludge, farmland, rivers, and drinking water supplies.
PFAS Pollution, Contamination, Exposure, and Harms
PFAS are a large group of persistent pollutants commonly known as “forever chemicals” due to their extremely stable carbon–fluorine bonds that prevent them from breaking down in the environment or human body over time. These chemicals have been used since the 1940s for grease- and waterproofing in a wide range of industrial and consumer product applications, including nonstick cookware and food packaging. PFAS have come under increasing scrutiny in recent years as evidence of their health harms continues to mount, with exposure to certain compounds linked to higher cholesterol, increased risk of some cancers, developmental complications, liver damage, and immune system effects.
Once introduced to the environment, PFAS continue to accumulate in surface and groundwater, soil, and air, leading to their contamination of crops, food animals and their products, and drinking water—consequently resulting in human exposure.
According to the Southern Environmental Law Center, controlling PFAS pollution at its source before it spreads through waterways, farmland, and drinking water supplies is one of the most effective and cost-efficient strategies for addressing forever chemicals in water and agricultural systems.
Trump Administration EPA’s PFAS Track Record
The memo follows other Trump Administration EPA actions backing off of PFAS regulation, including rolling back Biden-Era maximum limits for certain PFAS chemicals in drinking water. Alongside the rollback, however, Trump’s EPA said it was working on a proposed rule for limitations and standards for PFAS discharge.
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The Trump Administration’s EPA has also abandoned a risk assessment of PFAS contamination in sludge used as fertilizer on farmland. On the other hand, the agency announced that it is adding PFAS to the Sixth Contaminant Candidate List (CCL 6) for drinking water. Contaminants listed on the CCL may require future regulation under the Safe Drinking Water Act, but the CCL itself does not impose any requirements on public water systems. EPA uses the CCL to identify priority contaminants for regulatory decision-making and information collection.
On the Trump EPA PFAS track record, Jean Zhuang, J.D., Senior Attorney at the Southern Environmental Law Center, said, “This administration cannot claim to support pollution control while withdrawing guidance designed to stop PFAS pollution at the source. And this administration cannot claim to hold polluters accountable while making it harder for states and utilities to require industries to clean up their own mess.”
