EPA Seeks More Time on PFAS Rule Reconsideration

On June 4, 2025, the U.S. Environmental Protection Agency (EPA) requested an additional 45-day stay in ongoing litigation over its April 2024 Safe Drinking Water Act (SDWA) rule regulating PFAS in drinking water. The case, American Water Works Association (AWWA), et al. v. EPA, is currently before the D.C. Circuit and has already been paused three times to allow the agency time to evaluate how it plans to proceed under new leadership.

This latest stay request signals EPA’s continued effort to recalibrate the rule following Administrator Lee Zeldin’s May announcement that the agency intends to retain limits on PFOA and PFOS — the two most studied PFAS — but will rescind and reconsider limits on four other PFAS and the rule’s novel “mixtures” provision. EPA also signaled that compliance deadlines for water systems would be extended by two years.

While industry and utility petitioners agreed to this most recent pause, the motion notes that several parties — including AWWA and the Association of Metropolitan Water Agencies — have reserved the right to challenge any further delays. Environmental intervenors are also signaling waning patience, suggesting that the rule may run up against legal hurdles such as the anti-backsliding provision and the compliance requirements in the Safe Drinking Water Act. 

For regulated entities, the ongoing uncertainty leaves several questions unanswered:

· Which elements of the 2024 rule will remain intact?

· What does reconsideration mean in practice for compliance planning?

· Will new rulemaking efforts trigger legal challenges under the SDWA or APA?

Industry attorneys warn that EPA must move beyond general announcements and provide clear regulatory direction. Still, this latest move may offer a window for more measured policymaking that balances public health goals with feasible implementation timelines for water systems and manufacturers.

The Bottom Line: EPA’s request for additional time reflects the complexity of setting enforceable PFAS standards amid competing pressures. While short-term uncertainty persists, this may also be an opportunity for industry and utility stakeholders to engage meaningfully in shaping a durable, science-based rule through notice-and-comment. We'll be watching closely.