SCS Technical Alert: A Summary of EPA Proposed Changes to Drinking Water Standards

May 21, 2026

water quality protection

EPA Proposes PFOA and PFOS Compliance Extensions and Rescission of Drinking Water Standards for Four PFAS Constituents

 

Proposed PFOA and PFOS Compliance Extensions

The first proposed rule, if finalized, would continue supporting the health-protective federal drinking water standards for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) while establishing an opt-in process through which eligible drinking water systems may apply for up to two additional years—until 2031—to become compliant with Maximum Contaminant Levels (MCLs).

Under the proposed rule, drinking water systems seeking the federal exemption that have one PFOA or PFOS sample result at or above 12 ppt must select and implement control measures during the exemption period and provide public education and outreach to consumers. Drinking water systems wishing to receive additional compliance time will need to seek an extension via EPA if meeting these criteria as follows:

  • Subject to the requirements of the 2024 PFAS NPDWR for PFOA and PFOS;
  • In operation on or before June 25, 2024;
  • Certified statement that the system cannot comply with the PFOA and PFOS MCLs by April 26, 2029, and meets other eligibility requirements for the SDWA Section 1416(a)(1) and (4) exemption:
  • Not currently under a Safe Drinking Water Act (SDWA) section 1415(e) variance for small systems for the PFOA and PFOS MCLs that cannot afford to comply with the MCL if EPA has identified a variance technology; and
  • Located in a state, territory, or Tribe that does not have primacy for the 2024 PFAS NPDWR.
  • Most recent PFOA and PFOS drinking water sample results and system information;

Systems that do not opt for an extension remain subject to the original 2029 compliance deadline.

The proposed compliance extension rule was published in the Federal Register on May 20, 2026. The EPA will accept written comments on the proposed rule in the public docket for 60 days at www.regulations.gov under Docket ID: EPA-HQ-OW-2025-1742.

 

Proposed PFAS Recission Rule

The second proposed rule is entitled Rescission of Regulatory Requirements and Removal of Related Provisions for Four PFAS Substances (PFHxS, PFNA, HFPO-DA (GenX), and the mixture of These Three PFAS Plus PFBS).  If finalized, the proposed rule would address some stakeholders’ legal concerns regarding statutory requirements under the Safe Drinking Water Act (SDWA) when establishing drinking water regulations for these four PFAS constituents.

EPA seeks to clarify the sequential order for regulating a particular drinking water contaminant and to seek public comment on whether such regulation is appropriate first. Only after the public has had the opportunity to comment on that proposal and after the EPA has finalized a determination to regulate, may the EPA publish a proposed regulation for the contaminants listed in the previous paragraph.

Following the proposed recission rule publishing in the Federal Register, the EPA will accept written comments on the proposed rule in the public docket for 60 days at www.regulations.gov under Docket ID: EPA-HQ-OW-2025-0654.

 

Federal Register Publication and Resources

The two proposed rules will be published in the Federal Register with a 60-day public comment period, and EPA will hold a public hearing on July 7, 2026.

For more information about the proposed rules, including pre-publication versions of the proposals, fact sheets, directions for submitting comments, and information about a forthcoming public hearing, visit EPA’s webpages here and here, or contact an SCS Engineers expert near you.

 

 

Posted by Diane Samuels at 6:00 am
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