EPA Will Keep Rule Designating PFAS as ‘Hazardous’
September 23, 2025 – Environmental Protection Agency (EPA) Administrator Lee Zeldin announced last week that the agency will keep in place a Biden-era policy change that enables the agency to make companies pay for the cleanup of harmful “forever chemicals.” Per- and polyfluoroalkyl substances, or PFAS, are chemicals that can persist in the environment for centuries, accumulate in the human body, and are associated with a range of health harms. “EPA’s reaffirmation of this rule is a win for environmental justice, giving communities poisoned without their knowledge a long-overdue path to relief,” Melanie Benesh, vice president of government affairs at the Environmental Working Group (EWG), said in a statement. In April 2024, Biden’s EPA designated the two forever chemicals associated with the most harm and widespread environmental contamination—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act, the country’s “Superfund” law. That meant the agency could then prioritize the cleanup of sites contaminated with those chemicals and hold companies responsible for the remediation. Since then, agricultural industry groups, including the National Cattlemen’s Beef Association, National Pork Producers Council, and American Farm Bureau Federation, have challenged the rule in court, arguing that farmers who spread contaminated fertilizer on their land could be on the hook for the cleanup costs. Last week, a broader coalition of farm groups, among them the National Farmers Union, National Sustainable Agriculture Coalition, and American Farmland Trust, released federal policy recommendations for addressing PFAS contamination on farms. In addition to provisions related to assisting farmers with cleanup and the reduction of future contamination, the groups included a section recommending the EPA further clarify and confirm that farmers will not be held responsible for contamination caused by fertilizers. Zeldin put that issue—referred to as “passive receiver liability”— front and center in the EPA’s Sept. 17 announcement. “When it comes to PFOA and PFOS contamination, holding polluters accountable while providing certainty for passive receivers that did not manufacture or generate those chemicals continues to be an ongoing challenge,” he said. “EPA intends to do what we can based on our existing authority, but we will need new statutory language from Congress to fully address our concerns.” But some experts say those concerns have already been addressed. “The 2024 enforcement discretion policy resolved the situation, clarifying that EPA would focus enforcement only on polluters—not farmers and municipalities that received PFAS chemicals,” said Betsy Southerland, the former director of the EPA’s Office of Science and Technology in the Office of Water, in a statement released by the Environmental Protection Network. Southerland welcomed the announcement that the EPA will keep the designations in place. She also warned it will offer little relief to people worried about forever chemicals in drinking water, because of Zeldin’s earlier decision to roll back limits on four other PFAS. The EPA also recently approved four new pesticides that qualify as PFAS based on an internationally recognized definition the EPA does not use. “Let’s be clear,” Southerland said. “Our drinking water is still at risk because Trump’s EPA is recklessly allowing more toxic chemicals in Americans’ drinking water.” (Link to this post.) The post EPA Will Keep Rule Designating PFAS as ‘Hazardous’ appeared first on Civil Eats.
September 23, 2025 – Environmental Protection Agency (EPA) Administrator Lee Zeldin announced last week that the agency will keep in place a Biden-era policy change that enables the agency to make companies pay for the cleanup of harmful “forever chemicals.” Per- and polyfluoroalkyl substances, or PFAS, are chemicals that can persist in the environment for […] The post EPA Will Keep Rule Designating PFAS as ‘Hazardous’ appeared first on Civil Eats.
September 23, 2025 – Environmental Protection Agency (EPA) Administrator Lee Zeldin announced last week that the agency will keep in place a Biden-era policy change that enables the agency to make companies pay for the cleanup of harmful “forever chemicals.”
Per- and polyfluoroalkyl substances, or PFAS, are chemicals that can persist in the environment for centuries, accumulate in the human body, and are associated with a range of health harms.
“EPA’s reaffirmation of this rule is a win for environmental justice, giving communities poisoned without their knowledge a long-overdue path to relief,” Melanie Benesh, vice president of government affairs at the Environmental Working Group (EWG), said in a statement.
In April 2024, Biden’s EPA designated the two forever chemicals associated with the most harm and widespread environmental contamination—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act, the country’s “Superfund” law. That meant the agency could then prioritize the cleanup of sites contaminated with those chemicals and hold companies responsible for the remediation.
Since then, agricultural industry groups, including the National Cattlemen’s Beef Association, National Pork Producers Council, and American Farm Bureau Federation, have challenged the rule in court, arguing that farmers who spread contaminated fertilizer on their land could be on the hook for the cleanup costs.
Last week, a broader coalition of farm groups, among them the National Farmers Union, National Sustainable Agriculture Coalition, and American Farmland Trust, released federal policy recommendations for addressing PFAS contamination on farms. In addition to provisions related to assisting farmers with cleanup and the reduction of future contamination, the groups included a section recommending the EPA further clarify and confirm that farmers will not be held responsible for contamination caused by fertilizers.
Zeldin put that issue—referred to as “passive receiver liability”— front and center in the EPA’s Sept. 17 announcement. “When it comes to PFOA and PFOS contamination, holding polluters accountable while providing certainty for passive receivers that did not manufacture or generate those chemicals continues to be an ongoing challenge,” he said. “EPA intends to do what we can based on our existing authority, but we will need new statutory language from Congress to fully address our concerns.”
But some experts say those concerns have already been addressed.
“The 2024 enforcement discretion policy resolved the situation, clarifying that EPA would focus enforcement only on polluters—not farmers and municipalities that received PFAS chemicals,” said Betsy Southerland, the former director of the EPA’s Office of Science and Technology in the Office of Water, in a statement released by the Environmental Protection Network.
Southerland welcomed the announcement that the EPA will keep the designations in place. She also warned it will offer little relief to people worried about forever chemicals in drinking water, because of Zeldin’s earlier decision to roll back limits on four other PFAS. The EPA also recently approved four new pesticides that qualify as PFAS based on an internationally recognized definition the EPA does not use.
“Let’s be clear,” Southerland said. “Our drinking water is still at risk because Trump’s EPA is recklessly allowing more toxic chemicals in Americans’ drinking water.” (Link to this post.)
The post EPA Will Keep Rule Designating PFAS as ‘Hazardous’ appeared first on Civil Eats.
