EPA’s “Year One” PFAS actions: Where things stand and what to watch

Summary of actions highlighted by EPA

EPA’s press release highlights a broad array of Agency activities related to PFAS, many of which reflect the continuation or expansion of ongoing programs. In particular, the press release points to:

• Increased technical assistance and guidance. EPA emphasizes actions taken to expand technical support for PFAS assessment and remediation, including establishing the PFAS OUTreach Initiative (PFAS OUT) to facilitate information sharing amongst public water systems, state and local government, and other stakeholders; and more frequent updates to the Agency’s PFAS Destruction and Disposal Guidance.
• Infrastructure funding. EPA notes the disbursement of $945 million in grants mandated by the 2021 Bipartisan Infrastructure Law to fund Emerging Contaminants in Small or Disadvantaged Communities drinking water grant program.
• Analytical methods and monitoring. The press release highlights EPA’s adoption of Method 1633 (finalized in January 2024) to analyze 40 PFAS compounds across multiple media, as well as novel use of Method 522 (developed in 2008 to detect 1,4-dioxane in drinking water) to detect PFAS in tribal drinking water systems. The press release also provides an overview of currently available analytical methods, including targeted and non-targeted test methods to detect PFAS in drinking water, surface water (including groundwater and wastewater), soil, sediment, sludge, fish tissue, and air.
• Regulatory actions. EPA references several regulatory developments, including its proposed rule to narrow the scope of information reported under the Perfluoroalkyl and Polyfluoroalkyl Substances Data Reporting and Recordkeeping Rule Under the Toxic Substances Control Act (“TSCA”) (“PFAS Reporting Rule”) and implementation of the 2024 rules establishing maximum contaminant levels (“MCLs”) for PFOS and PFOA and designating PFOS and PFOA as Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) Hazardous Substances.
• Site-specific sampling and response activities. EPA also points to ongoing sampling, analysis, and installation of treatment systems at PFAS-impacted drinking water sites, including selected military facilities, the Route 31 Superfund site in New Jersey, and certain tribal drinking water systems.

PFAS coordinating group

The press release also announces an organizational development: the establishment of a new coordinating group designed to facilitate information‑sharing and coordination. The group will “will be supported by leadership from the Office of the Administrator and the Office of Water and represent senior technical and policy leaders from across EPA program offices and Regions” and, while the press release does not indicate whether external stakeholders will be included as members of the group, the press release notes that “EPA prioritizes cooperative federalism and coordinates closely with federal agencies, states, tribes, and local governments to advance a unified and effective response.”

The press release indicates that the group will support efforts such as:

• Regulating new and existing PFAS chemicals under TSCA;
• Setting MCLs for additional PFAS under the Safe Drinking Water Act (“SDWA”);
• Superfund cleanups;
• Controlling PFAS air and water pollution from industrial sources under the Clean Air Act (“CAA”) and Clean Water Act (“CWA”); and,
• Research and development activities to understand and treat PFAS.

Importantly, while the press release stops short of proposing new PFAS-related regulations, the stated objectives of the coordinating group signal that EPA continues to contemplate additional PFAS regulation under statutes including TSCA, CERCLA, the CAA, the CWA, and the SDWA.

EPA’s recent PFAS regulatory trajectory

Throughout 2025 and into 2026, EPA has omitted PFAS from its deregulatory agenda, signalling that PFAS regulation remains a priority notwithstanding broader rollbacks. Still, PFAS have not been immune to deregulatory momentum. Although EPA continues to uphold the MCLs for PFOS and PFOA, it has declined to propose new MCLs for other PFAS compounds or defend existing ones in litigation. Similarly, EPA has not advanced any designations of additional PFAS as hazardous substances under CERCLA, nor has it responded to state petitions to list four PFAS as hazardous air pollutants under the CAA. While the Agency has not formally withdrawn its proposed rule to list nine PFAS as hazardous constituents under the Resource Conservation and Recovery Act (“RCRA”), it has yet to finalize the rule—though prior Agency statements suggest final action may still be forthcoming later this year.

What it means for you

For companies manufacturing, importing, or using PFAS, or operating regulated water or wastewater systems, EPA’s messaging suggests ongoing scrutiny and a likelihood of further incremental regulatory actions, even if sweeping PFAS regulation remains unlikely in the near term. Companies should continue to anticipate scrutiny where PFOS, PFOA, or drinking water issues are involved. Stakeholders should continue to monitor PFAS-related regulatory developments and opportunities to formally or informally provide comments and feedback to EPA, and to prepare for compliance.

Hogan Lovells is actively tracking these developments and advising clients on how to navigate the shifting landscape. If you have questions about how these changes may affect your operations—or how to prepare for what’s next—we’re here to help.

Authored by Katherine Vanderhook-Gomez, Misty Howell, and Caroline Hermann.