Despite the Regulatory Freeze Pending Review, a lot has happened in the first quarter of 2025. To help our clients stay current, we’ve compiled the latest news and developments we think should be on everyone’s radar.
EPA Gets More Time to Consider PFAS Primary Drinking Water Rules
As reported in WaterWorld, the U.S. EPA has asked for and was granted another 30 days to prepare for the lawsuit brought by the American Water Works Association (AWWA) and the Association of Metropolitan Water Agencies (AMWA) on October 7, 2024. This suit challenged the primary drinking water regulations on six PFAS established in 2024.
Two PFAS-Free Product Certifications Now Available
With more states banning PFAS in consumer and industrial products, independent PFAS-free certifications can help protect market reach and build consumer trust. Two industry groups announce new certifications for common products:
Green Seal added a PFAS-free certification for paints, coatings, floor care products, adhesives, and degreasers. The organization already offers a similar certification for cleaning and personal care products.
NSF International also announced that it now offers a PFAS-free certification for non-food products used in the food industry, such as industrial lubricants that may come into contact with food.
Public Comment Period for Stormwater Discharge Permitting Extended
The public comment period for the EPA’s proposal to add PFAS to National Pollutant Discharge Elimination System (NPDES) permitting has been extended to May 19, 2025. If finalized as proposed, a wide range of industry sectors known to produce or use PFAS in their operations would be required to monitor PFAS in their stormwater runoff. More details can be found on the EPA’s proposal fact sheet.
EPA Releases a 7th Set of UCMR 5 Data
As with previous data sets, PFOA and PFOS are the compounds of greatest concern, with 12.5% of large PWSs detecting PFOS levels exceeding the National Primary Drinking Water Regulations (NPDWR) limits.
Source: The Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) Data Summary: January 2025
Paul Jackson, Pace® Program Manager for Environmental Compliance and Emerging Contaminants, recently wrote a post on the states’ response to potential modifications to the NPDWR for PFAS.
Read: State Drill Down – PFAS in Drinking Water
PFAS Action in the States
Paul’s post focused on drinking water limits, but states are also taking aim at PFAS in other matrices. Here are a few proposals that caught my attention over the last couple of weeks.
Oregon proposed rulemaking that would designate six PFAS as hazardous substances. These compounds include PFOA, PFOS, PFHxS, PFNA, HFPO-DA (GenX), and PFBS. Public comments on the proposed rule are due by 4PM on April 25.
Vermont’s H.238, which would add a ban on intentionally added PFAS in dental floss, cleaning products, and fluorinated containers to the state’s existing bans on PFAS in other consumer products, passed the House earlier this month.
Maryland’s S.B. 732 requires all sewage sludge utilization (SSU) permits issued or renewed by the Maryland Department of the Environment (MDE) to limit concentrations of PFOS and PFOA.
California legislators introduced a PFAS ban aimed at PFAS in industrial products, such as refrigerants, solvents, propellants, hydraulic fluid additives, manufacturing aides used in semiconductor manufacturing, and more. S.B 682 gives manufacturers until 2040 to find an alternative, but this bill may be the most expansive ban on industrial uses of PFAS yet.
New Mexico is one of the first states to pass PFAS legislation in the 2025 session. HB 212 was signed into law on April 8. This law bans intentionally added PFAS in cookware, food packaging, dental floss, juvenile products, and firefighting foam as of January 1, 2027. Intentionally added PFAS will also be banned in carpets or rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, textile furnishings, ski wax, and upholstered furniture as of January 1, 2028. All intentionally added PFAS in non-exempt products will be banned by 2032. Exempt categories include products such as medical devices and semiconductors.
Pace® Webinars
On-Demand: Navigating PFAS in Drinking Water: Treatability Insights and Analytical Overview
If you missed the session Bryan Pate, CEO of LW Utilities, and I did on treatment and destruction technologies for PFAS in drinking water, you can catch it on-demand here.
Pace® in the News
Pace® Opens a PFAS Treatability Studies Center of Excellence
Solving the challenge of PFAS environmental contamination will require both new and existing technologies for PFAS remediation, destruction, and removal. Pace® is proud to announce the opening of a PFAS Treatability Studies Center of Excellence. This team will work with clients across the country to help them assess various options for addressing elevated levels of PFAS in matrices such as drinking water, wastewater, and soil. Learn more.
Looking ahead
The second quarter of 2025 should be interesting as we may start seeing movement – one way or the other – on rulemaking proposed by the U.S. EPA under the last administration. In addition, more state actions will be making their way through their respective legislatures. As always, we’ll be watching legislative action and rulemaking at both the federal and state levels and will offer our perspectives where appropriate.
Of course, my travels around the country to present at conferences and meet with clients will also continue in Q2. Here’s a quick snapshot of some of the conferences I will be presenting at over the next couple of weeks. If you’re planning to attend any of these events, I would love to meet you.
Lastly, a year ago, our discussions with clients tended to center around testing to ensure compliance and assess potential liabilities, both legal and fiscal. Now, we’re seeing a tremendous response from water systems looking to implement various remediation technologies. Watch for more content on that in future posts. In the meantime, if you have questions, don’t hesitate to reach out to us!