EPA Seeks Public Comment on Recently Proposed PFAS Drinking Water Rule Revisions

On May 18, 2026, the U.S. Environmental Protection Agency (EPA) announced two different proposed rules that would both significantly revise the National Primary Drinking Water Regulations (NPDWRs) for several PFAS under the Safe Drinking Water Act (SDWA), which were implemented during President Biden’s Administration.

Proposed Rule to Rescind Regulatory Determinations and Drinking Water Limits for Select PFAS Chains 

The first proposed rule would rescind the regulatory determinations and drinking water limits for four PFAS — including PFHxS, PFNA, and HFPO-DA (GenX Chemicals), as well as Hazard Index mixtures of these three PFAS chains, plus PFBS. The EPA argues this action is necessary because the previous Administration did not adhere to the procedural requirements of the SDWA when it simultaneously issued regulatory determinations, Maximum Contaminant Level Goals (MCLGs) and enforceable drinking water limits, known as Maximum Contaminant Levels (MCLs), for these PFAS. 

Proposed Rule to Allow for System to Request Extension of PFOA and PFOS Compliance Deadline

The second proposed rule would retain the existing MCLS for PFOA and PFOS at four parts per trillion (ppt) individually and allow for drinking water systems to apply for a two-year compliance extension — moving the deadline from April 26, 2029, to April 26, 2031. The compliance extension would not be automatic. 

Drinking water systems would need to affirmatively apply and demonstrate eligibility criteria established in the final rule. Water systems that do not pursue an extension would remain subject to the original 2029 compliance deadline. The EPA stated in its announcement that “[t]his design ensures that systems prepared to meet 2029 are not slowed down, while systems facing legitimate implementation hurdles have a transparent, accountable path to additional time.”

Under the proposal, systems with PFOA or PFOS concentrations at or above 12 ppt would still be required to implement short-term exposure reduction measures during any extension period.

In tandem with the proposed rules, the EPA announced nearly $1 billion in grant funding to address PFAS and other emerging contaminants in drinking water through the Emerging Contaminants in Small or Disadvantaged Communities Grant.

For both proposed rules, the EPA is seeking public comments for 60 days, with comments due on July 20, 2026. 

The agency will also host a public hearing on July 7, 2026. Registration is required, and the last day to pre-register to provide public comment is July 1, 2026. Registration for the hearing is available here.

BBK is available to assist interested clients in submitting comments on the proposed rules, either independently or through BBK’s Protecting Our Water, Environment, and Ratepayers (POWER!) Coalition. For additional information, please contact Ana Schwab.

Disclaimer: BBK Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation, or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.