What Happened?

The U.S. Environmental Protection Agency (EPA) has the legal authority to limit PFAS water pollution but has not finished writing the rules that would actually do it, according to a report updated Sept. 30 by the Congressional Research Service (CRS). Per- and polyfluoroalkyl substances, known as PFAS, are a class of synthetic chemicals that can enter drinking water through industrial discharge and treated sewage sludge spread on farmland.

The Congressional Research Service (CRS) report, authored by specialist Laura Gatz, found that the EPA has not finalized any industry-wide discharge limits, biosolids requirements, or toxic pollutant designations for PFAS under the Clean Water Act (CWA). That gap means factories and wastewater plants can still release PFAS into waterways without facing a uniform national standard.

Why Does it Matter to Me?

Without finalized national limits, the rules that factories and wastewater plants must follow when releasing PFAS into waterways vary by state, meaning protections depend heavily on where you live. A family in one state may have stronger safeguards on their tap water than a family in a neighboring state, simply because federal rules have not been completed.

The EPA has not finalized human health criteria for perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), or perfluorobutane sulfonic acid (PFBS), leaving states and tribal governments without final federal human health criteria for those substances to consider when developing their own water quality standards. That means local officials writing water safety rules are working without a consistent federal baseline to build from.

Congress allocated $1 billion over five fiscal years through the Infrastructure Investment and Jobs Act to address emerging contaminants, including PFAS, in wastewater through the Clean Water State Revolving Fund. That money is available, but the regulatory framework that would direct how it gets used remains unfinished.

Both Sides, Now

The CRS report frames the core problem not as a lack of legal power but as the gap between authority and completed action. A rule formally adopting new PFAS testing methods, binding biosolids limits, and final human health criteria for certain PFAS all remain pending, according to the Congressional Research Service report.

The EPA, for its part, rescinded its December 2022 state guidance on PFAS permitting in August, saying it had been applied inconsistently and confused states and permittees. On biosolids, the agency issued draft guidance recommending mitigation practices in June rather than finalizing a risk assessment it had previously published, stating the earlier draft had "a number of serious flaws."

Members of the 119th Congress have introduced bills related to PFAS in surface water. Congress also holds the power to set statutory deadlines or adjust funding levels, tools it has not yet deployed on this issue.

What Happens Next?

A proposed rule revising discharge limits for the Organic Chemicals, Plastics, and Synthetic Fibers industrial category carried a July target date on the Regulatory Agenda, while a similar rule for Metal Finishing was pushed to February 2027.

A proposed rule to make new PFAS testing methods nationally required for Clean Water Act use was published in January 2025 but has not been finalized. Until it is, water systems and regulators cannot use those methods as a binding national standard.

Congressional action on funding, deadlines, or statutory requirements could shape how quickly and how uniformly the gap between EPA's authority and completed action closes, the Congressional Research Service report found. Without congressional action or completed EPA rulemakings, the patchwork of state-by-state protections is likely to remain in place for the foreseeable future.

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