EPA Proposed Changes to PFAS Drinking Water Rules
In a May 18, 2026 press release, the U.S. Environmental
Protection Agency (EPA) announced a proposed rule that would rescind the 2024
drinking water standards for PFHxS, PFNA, HFPO-DA (GenX chemicals), PFBS, and
the hazard index for mixtures involving these PFAS.
- Written comments on the proposed rule are due by July 20, 2026.
- The public docket is available at www.regulations.gov under Docket ID: EPA-HQ-OW-2025-0654.
- The EPA will hold a virtual public hearing on July 7, 2026 to present information on the proposal and receive verbal comments.
- Registration is required to attend or speak, and the deadline to pre-register to provide public comment is July 1, 2026.
- Information and registration for the hearing are available here.
- The EPA will post the hearing agenda and list of pre-registered speakers by July 6, 2026.
- Questions about the hearing may be directed to PFASNPDWR@epa.gov.
The EPA is also proposing to extend
the compliance deadlines for the PFOA and PFOS maximum contaminant levels
(MCLs). The hearing on that proposal will be held sequentially with the
PFAS rescission hearing.
In practical terms, the EPA is not simply revisiting these
rules; it is proposing to revoke the existing 2024 enforceable limits for GenX,
PFNA, PFBS, and PFHxS and begin a new review process that could take years. If
finalized, those chemicals would return to an unregulated federal status during
that period. At the same time, the compliance deadlines for PFOA and PFOS would
be extended by two years.
Virginia's Response
Because Virginia public water systems must ultimately align
with federal Safe Drinking Water Act standards, the Commonwealth is focusing on
upstream sources of PFAS contamination. The Virginia Department of Environmental Quality (DEQ) is
leading several initiatives under state legislation signed by Governor
Spanberger on April 26, 2026.
- When the Virginia Department of Health (VDH) identifies a public water system that exceeds a PFAS threshold, DEQ must trace the contamination back to its source.
- DEQ may require suspected industrial facilities and manufacturers to self-report or monitor PFAS discharges for one year.
- Publicly owned wastewater treatment plants, airports, firefighting facilities, and industrial chemical users must test their effluent and discharges for PFAS and report the results to DEQ.
Related Virginia laws also expressly allow localities to
require PFAS testing of sewage sludge, or biosolids, before those materials are
applied to farmland as fertilizer. This matters because land application is one
pathway by which PFAS can enter the food supply. Wastewater treatment plants do
not destroy PFAS; instead, they concentrate these chemicals in solid residuals.
When a municipal plant receives waste from sources such as chemical
manufacturers, carpet producers, or facilities that used aqueous film-forming
foam (AFFF), the resulting biosolids can contain elevated PFAS concentrations.
When biosolids with elevated PFAS are spread on fields,
short-chain PFAS compounds can be taken up by crops such as corn and grains.
Livestock that consume those crops or graze on sludge-amended pasture can then
accumulate PFAS in their milk, fat, and organs. In several states—including
Maine, Michigan, and Texas—this contamination has contributed to severe
agricultural losses, including farm closures and the culling of herds.
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