The EPA is moving towards establishing a drinking water standard for PFOA and PFOS, and has stated that it is considering avenues for regulating additional groups of PFAS under the Safe Drinking Water Act (SDWA) as well. On February 22, 2021, the EPA announced two actions under SDWA to address PFAS.
First, the agency reissued the final regulatory determination to implement a National Primary Drinking Water Regulation (NPDWR) for PFOS and PFOA (the “Determination”). This Determination is a continuation of an intended action under the Trump administration, but indicates the Biden administration intends to continue to move forward. The Determination also states that the EPA is considering the regulation of additional PFAS chemicals.