Why It Matters

A new Congressional Research Service report revised July 16 finds the Environmental Protection Agency has fallen behind on key commitments to regulate per- and polyfluoroalkyl substances (PFAS) under the Clean Water Act, leaving states and regulated industries without comprehensive national standards. The report outlines delays in rule-making, ongoing congressional interest in PFAS legislation and questions about whether existing Clean Water Act authorities are sufficient to address emerging contaminants.

The Big Picture

The Clean Water Act provides EPA with several tools to regulate PFAS in surface waters, including Effluent Limitation Guidelines (ELGs), National Pollutant Discharge Elimination System (NPDES) permitting authorities, water quality criteria and biosolids requirements.

In its 2021 PFAS Strategic Roadmap, EPA committed to advancing rule-making across several of these authorities. According to the CRS report, however, many of those actions remain incomplete.

EPA has not finalized any PFAS-specific Effluent Limitation Guidelines. The proposed Organic Chemicals, Plastics and Synthetic Fibers rule has been rescheduled to July 2026, while proposed rules for the Metal Finishing and Electroplating category and the Landfills category remain on later timelines.

EPA finalized Method 1633A, which measures 40 PFAS compounds, and Method 1621, which measures adsorbable organic fluorine, in December 2024. The agency proposed incorporating both methods into Clean Water Act regulations later that month, although they are not yet nationally required pending completion of rule-making.

For water quality standards, EPA finalized aquatic life criteria for PFOA and PFOS in October 2024. Draft human health water quality criteria for PFOA, PFOS and PFBS, released for public comment in December 2024, have not been finalized.

EPA also published a draft risk assessment for PFOA and PFOS in biosolids in January 2025. In July 2026, the agency released draft guidance instead of finalizing the assessment, citing concerns with the earlier analysis. EPA has not established numeric limits, monitoring requirements or reporting requirements for PFAS in biosolids under the Clean Water Act.

EPA issued nonbinding guidance memoranda in April 2022 and December 2022 recommending PFAS monitoring and best management practices through NPDES permits while broader regulations remain under development.

Congress has responded by introducing several PFAS-related bills during the 119th Congress. The Clean Water Standards for PFAS Act would require EPA to establish effluent limitation guidelines and water quality criteria for PFAS and direct the agency to promulgate Method 1633A. The Water Systems PFAS Liability Protection Act would exempt certain water management entities from liability for PFAS releases they did not manufacture or knowingly introduce.

Political Stakes

For the administration, the delayed rule-makings have prompted additional congressional scrutiny of EPA's PFAS strategy and implementation of its 2021 roadmap.

For Democrats, the delays have fueled calls for more aggressive federal regulation of PFAS contamination through mandatory deadlines and expanded EPA action.

Republicans have expressed mixed views. While some lawmakers have raised concerns about regulatory costs for affected industries, others have supported legislation addressing PFAS contamination in their states and districts.

The Infrastructure Investment and Jobs Act provided $1 billion over five years to address emerging contaminants, including PFAS, through the Clean Water State Revolving Fund. The CRS report notes that implementation of some projects remains tied to evolving federal regulatory standards.

The Bottom Line

The CRS report concludes that EPA has made progress in developing analytical methods and water quality criteria but remains behind schedule on several major Clean Water Act rule-makings governing PFAS.

As Congress considers additional legislation, lawmakers continue debating whether EPA should receive new statutory direction or whether existing Clean Water Act authorities are sufficient to address PFAS contamination.

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