EPA's Mixed Approach to PFAS Drinking Water Standards: What New England Property Owners Need to Know

The Environmental Protection Agency recently announced significant changes to its landmark PFAS drinking water regulations, creating a complex regulatory landscape that property owners, developers, and water systems throughout New England must now navigate. While the agency is maintaining strict standards for two of the most well-known "forever chemicals," it's rolling back protections for four others and extending compliance deadlines.

What's Changed: The Details That Matter

On May 14, 2025, EPA Administrator Lee Zeldin announced that the agency will keep the current Maximum Contaminant Levels (MCLs) for PFOA and PFOS at 4 parts per trillion, but will rescind regulations for four other PFAS: PFHxS, PFNA, HFPO-DA (commonly known as GenX), and the Hazard Index mixture that included PFBS.

Additionally, EPA plans to extend compliance deadlines for PFOA and PFOS from 2029 to 2031, giving water systems an additional two years to implement necessary treatment technologies.

Understanding the Original 2024 Standards

The Biden administration's April 2024 rule established the first-ever national drinking water standards for six PFAS chemicals, with MCLs of 4 parts per trillion for PFOA and PFOS, and 10 parts per trillion for the other four compounds. This groundbreaking regulation was designed to protect an estimated 100 million Americans from PFAS exposure through their drinking water.

Why This Matters for New England

New England faces unique PFAS challenges due to its industrial history, dense population, and extensive groundwater usage. Many communities across the region have already detected PFAS contamination in their water supplies, making these regulatory changes particularly significant for:

Property Owners and Developers:

• Environmental due diligence requirements may shift as regulations evolve

• Property values could be affected by changing water quality standards

• Development projects near water sources may face different assessment requirements

Water Systems:

• Public water utilities now have more time to plan and implement treatment systems

• EPA's new PFAS OUTreach Initiative (PFAS OUT) will provide enhanced technical assistance and funding support

• Small and rural systems receive additional flexibility for compliance planning

Municipalities:

• Local governments must balance federal requirements with community health protection

• Budget planning for water infrastructure improvements can be adjusted

• Emergency response protocols may need updating

The Controversy and Legal Challenges

The changes haven't been without controversy. Environmental groups, including Earthjustice, have criticized the rollback as "illegal" and argue that it violates the Safe Drinking Water Act's anti-backsliding provision. Legal experts note that the law typically bars EPA from repealing or weakening drinking water standards once established.

Meanwhile, water utility trade associations have welcomed the changes, with the National Rural Water Association calling it "the right thing for rural and small communities" and praising the additional time for compliance.

State-Level Responses

With federal regulations becoming less comprehensive, more emphasis will be placed on states to safeguard drinking water from PFAS pollution, with more than two dozen states introducing almost 200 PFAS-related bills this year.

In New England, several states are considering their own PFAS regulations:

• Massachusetts continues to maintain some of the nation's strictest environmental standards

• Connecticut and Rhode Island are evaluating state-specific PFAS limits

• New Hampshire communities, particularly those affected by PFAS contamination, are advocating for stronger protections

Practical Implications for Environmental Assessments

For property transactions and development projects, these regulatory changes mean:

Phase I Environmental Site Assessments:

• PFAS considerations remain important for risk evaluation

• Historical land use review should still identify potential PFAS sources

• Regulatory compliance discussions must account for changing federal standards

Phase II Environmental Site Assessments:

• PFAS testing strategies may need adjustment based on final regulations

• Laboratory analysis requirements could evolve as rules are finalized

• Risk assessment methodologies may require updates

Due Diligence Timeline:

• Extended federal compliance deadlines may affect transaction timing

• Lender requirements could shift as regulations stabilize

• Insurance considerations may change with regulatory uncertainty

What Property Owners Should Do Now

1. Stay Informed Monitor both federal and state regulatory developments, as the landscape continues to evolve rapidly.

2. Assess Current Risk If you haven't already, consider PFAS testing for properties with potential exposure sources, particularly those with historical industrial uses or near military installations.

3. Plan for Compliance Even with extended deadlines, begin planning for potential water treatment requirements if you operate water systems.

4. Document Everything Maintain thorough records of any PFAS assessments, testing, or remediation activities for future regulatory compliance.

The Bigger Picture: Polluter Pays

EPA Administrator Zeldin emphasized that "a polluter pays model has guided a lot of the work to be done at EPA in the future", suggesting that while drinking water standards may be relaxed, enforcement against PFAS manufacturers and users may intensify.

This shift could affect:

• Liability allocation in contaminated property transactions

• Insurance coverage for PFAS-related claims

• Cleanup cost recovery strategies

• Future regulatory enforcement priorities

Moving Forward with Uncertainty

The regulatory changes create both opportunities and challenges. While water systems gain additional time for compliance, the rollback of protections for four PFAS compounds leaves communities potentially vulnerable to ongoing contamination.

For New England property owners and developers, the key is maintaining a proactive approach to PFAS assessment and management, regardless of changing federal standards. State regulations may fill gaps left by federal rollbacks, and market demands for clean water will continue driving property decisions.

The Bottom Line

EPA's mixed approach to PFAS regulation reflects the complex challenges of balancing public health protection with practical implementation concerns. While the changes provide some relief for water systems, they also create regulatory uncertainty that property owners and developers must carefully navigate.

The most prudent approach is to maintain awareness of both federal and state regulatory developments while implementing comprehensive environmental management strategies that protect both public health and property values.

Need guidance on PFAS regulations and their impact on your property? Contact TERRA Environmental today. Our environmental professionals stay current with evolving PFAS regulations throughout New England and can help you develop strategies that protect your interests while ensuring compliance with all applicable standards.

TERRA Environmental provides comprehensive environmental consulting services throughout New England, with particular expertise in PFAS assessment, regulatory compliance, and contaminated site management. Our team helps property owners, developers, and municipalities navigate complex environmental challenges with confidence.