Proposed EPA PFAS pollution rule scrapped - what’s next?

Every day, regulations are shifting and taking new turns, leaving organizations wondering which path to take. Despite constantly changing environmental requirements, protecting public health and safety continues to be the main priority.

On January 21, 2025, the Office of Management and Budget (OMB) withdrew the proposed US Environmental Protection Agency (EPA) rule “Clean Water Act Effluent Limitations Guidelines and Standards for PFAS Manufacturers Under the Organic Chemicals, Plastics and Synthetic Fibers Point Source category,” citing President Trump’s executive order freezing new regulations.

This withdrawal of a significant EPA rule demonstrates how fast the regulatory landscape can shift, requiring businesses to stay vigilant and adaptable.

What was the rule’s purpose?

The EPA’s proposed rule would have required per- and polyfluoroalkyl substance (PFAS) manufacturers to reduce and track water discharges under the Clean Water Act.

Why this matters

The regulatory rollback means uncertainty around the safety of drinking water will continue, and financial burdens will shift onto local communities. The Cape Fear Public Utility Authority has already spent $75 million on PFAS filtration systems to remove the “forever chemicals” from drinking water, while Fayetteville Public Works Commission is investing $92 million in contamination treatment—costs that would typically fall to polluters under stricter regulations.

While North Carolina's Department of Environmental Quality (DEQ) plans to finalize PFAS monitoring and reduction rules in February 2025, advocates argue that the lack of federal and state standards hampers public health protection, leaving communities vulnerable. This decision places the burden of water treatment costs related to PFAS contamination on taxpayers and ratepayers, impacting household budgets and public health.

The withdrawal of this rule doesn’t just impact North Carolina. Similar water concerns persist in states such as West Virginia, Minnesota, and New York. Without federal oversight, each state must develop its own regulatory framework, creating differing standards that may leave some communities with less protection than others.

Upcoming TSCA and TRI PFAS reporting deadlines

Two rules were finalized by the EPA in 2023 and should not be impacted unless the new administration retroactively withdraws or cancels them. Be aware of these requirements if you have potential PFAS chemicals onsite.

• The Toxic Release Inventory (TRI) final rule, with its latest changes effective since November 30, 2023, mandates the reporting of PFAS chemicals as Chemicals of Special Concern and eliminates de minimis exemptions and range reporting. Businesses potentially affected by this rule should initiate screening to determine applicability and exemptions, update inventory records, and align protocols to meet TRI reporting requirements.
• Under the Toxic Substance Control Act (TSCA), an EPA final rule published on October 11, 2023, requires entities that have manufactured (including imported) PFAS since 2011 to retroactively report PFAS information for each year starting from 2011. This necessitates collaboration with supply chain vendors to meet “reasonably ascertainable” requirements. It is advisable for businesses to start early to manage the extended lead time required for compliance.

Learn more about these EPA regulations in EPA announces PFAS reporting changes by JD Gibbs, Associate Director specializing in air permitting programs.

These upcoming regulatory deadlines underscore the importance of businesses staying informed, adapting to evolving compliance requirements, and prioritizing responsible environmental practices while ensuring the protection of public health and regulatory compliance.

Keep compliant

As regulations quickly shift, keeping on top of upcoming deadlines is more important than ever. Follow these specific steps to ensure your business is prepared for anything:

• Conduct a PFAS inventory in your workplace.
• Confirm whether you need to comply with the TRI and Emergency Planning and Community Right-to-Know Act (EPCRA) PFAS reporting requirements.
• If not, file a memo explaining the methodology and calculations used to determine that the facility is exempt and keep a copy of the documentation on file.
• Complete TRI and EPCRA PFAS reporting requirements.

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About the authors

Mike Zimmerman and Alice Tabor

Mike Zimmerman has over 35 years of professional experience in EHS compliance.

Alice Tabor has over six years of professional experience in environmental compliance.