Rescission of Regulatory Determinations and Removal of Related Provisions for Four PFAS Substances (PFHxS, PFNA, HFPO-DA (GenX), and the Mixture of These Three PFAS Plus PFBS)
Key claim: EPA proposes to rescind Maximum Contaminant Levels and regulatory determinations for four PFAS substances (PFHxS, PFNA, GenX, and a mixture including PFBS) under the Safe Drinking Water Act, citing unlawful simultaneous promulgation of regulatory determinations and final rules.
Abstract
(Proposed Rule · Environmental Protection Agency) The Environmental Protection Agency (EPA) is proposing to rescind its regulatory determinations to regulate four per- and polyfluoroalkyl substances (PFAS)–perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid and its ammonium salt (HFPO-DA, commonly known as GenX chemicals), and mixtures of these three PFAS plus perfluorobutane sulfonic acid (PFBS)–under the Safe Drinking Water Act (SDWA). The EPA is also proposing to rescind all associated regulatory provisions currently codified in the EPA’s 2024 PFAS National Primary Drinking Water Regulations (NPDWR) exclusive to these PFAS that were promulgated pursuant to the regulatory determinations that the EPA is now proposing to rescind, including the final Maximum Contaminant Levels (MCLs) that would have required monitoring, and where necessary, treatment by public water systems (PWSs). This proposed action is necessary to correct the unlawful procedure under which these regulations were promulgated. Under the EPA’s prior interpretation, the EPA proposed and finalized regulatory determinations and regulations for these PFAS simultaneously and in tandem. Under the best reading of the statute, the EPA is not authorized to take such actions simultaneously and therefore, the Agency proposes to rescind those regulatory determinations, Maximum Contaminant Level Goals (MCLGs) and associated portions of the 2024 PFAS NPDWR. The EPA is seeking public comment on this proposal.
Why this matters
Rescinding MCLs for four PFAS would remove enforceable federal drinking water limits for PFHxS, PFNA, GenX, and the PFBS-inclusive mixture, shifting compliance costs off public water systems but also reducing near-term public health protections tied to the 2024 NPDWR. Because EPA frames the reversal on procedural (Safe Drinking Water Act process) grounds rather than new toxicology, the underlying health science remains contested and future rulemakings — or state-level MCLs — are likely to fill the gap.