Trump-Era EPA Rolls Back Biden's PFAS Drinking Water Limits

The Environmental Protection Agency (EPA) under the Trump administration has announced plans to roll back limits on several types of "forever chemicals" in drinking water, which were initially set by the Biden administration. These chemicals, known as PFAS (perfluoroalkyl and polyfluoroalkyl substances), are human-made and do not easily break down in nature. The Biden administration had established the first federal drinking water limits for PFAS, citing increased risks of cardiovascular disease, certain cancers, and low birth weight in babies. The limits were expected to reduce PFAS levels for millions of people.

The Trump administration's move will rescind and reconsider the limits on three types of PFAS, including GenX substances found in North Carolina, as well as a limit on a mixture of several types of PFAS. The Biden administration's rule had set standards for the two most common types of PFAS, PFOA and PFOS, at 4 parts per trillion, which is the lowest level at which they can be reliably detected. The EPA will maintain these standards but will grant utilities an additional two years, until 2031, to comply.

EPA Administrator Lee Zeldin stated, "We are on a path to uphold the agency’s nationwide standards to protect Americans from PFOA and PFOS in their water. At the same time, we will work to provide common-sense flexibility in the form of additional time for compliance." This decision aligns with some arguments made by water utilities, which had sued the EPA, claiming that the treatment systems are expensive and that customers would end up paying more. The utilities also argued that the EPA lacked authority to regulate a mixture of PFAS and that the agency did not properly support limits on several newer types of PFAS.

Health advocates have praised the Biden administration's limits, but water utilities have complained about the financial burden. The EPA's actions are seen as a response to these complaints, providing utilities with more time and flexibility to comply with the standards. However, environmental groups and activists have criticized the move, arguing that it undermines the progress made by the Biden administration in protecting public health.

The Trump administration has a history of seeking fewer environmental regulations and more oil and gas development. EPA Administrator Lee Zeldin has carried out this agenda by announcing massive regulatory rollbacks, including plans to loosen regulations for greenhouse gas emissions, cleanup standards for coal plant waste, and car emission limits. Zeldin's history with PFAS is more nuanced; during his time as a New York congressman, he supported legislation to regulate forever chemicals.

The Biden-era EPA estimated that the rule would cost about $1.5 billion to implement each year. Water utility associations have expressed concerns that the costs, combined with recent mandates to replace lead pipes, will raise residents’ bills and fall hardest on small communities with few resources. The Biden administration did work to address cost concerns by providing $9 billion for chemicals like PFAS through the Bipartisan Infrastructure Law, and utilities have won multibillion-dollar settlements against PFAS polluters.

Some utilities have been surprised to find out they are over the limits, and small water providers might struggle with compliance costs and expertise. Mike McGill, president of WaterPIO, a water industry communications firm, stated, "This gives water pros more time to deal with the ones we know are bad, and we are going to need more time. Some utilities are just finding out now where they stand." Mark White, drinking water leader at the engineering firm CDM Smith, suspects the utility industry will continue to sue over the limits on PFOA and PFOS. Environmental groups are also likely to file challenges.

Melanie Benesh, vice president of government affairs at the nonprofit Environmental Working Group, noted that utilities may not have to install treatment that’s as broadly effective if they just have to focus on two types of older PFAS. "You really reduce what utilities have to do to make sure that the other, newer generation PFAS are captured," she said. When the Biden administration announced its rule, the head of the EPA traveled to North Carolina and was introduced by activist Emily Donovan, who had long campaigned for tougher rules for GenX substances that had contaminated a local river. Now, the EPA says it will roll back those GenX limits. Donovan criticized the move, stating, "This current administration promised voters it would ‘Make America Healthy Again’ but rescinding part of the PFAS drinking water standards does no such thing."