Providing clean and safe water is increasingly challenging due to contaminants like per- and polyfluoroalkyl substances (PFAS), known as “forever chemicals.” These manmade compounds have infiltrated source water across the U.S. and pose significant health risks when ingested. In 2024, the U.S. has taken a leading role in addressing PFAS contamination through extensive research, regulatory actions, and remediation efforts. Policymakers are urging public water systems to ensure the safety and sustainability of water resources, setting a precedent for other countries facing similar challenges.
New PFAS Regulations
In 2024, the U.S. Environmental Protection Agency (EPA) made significant strides in addressing PFAS contamination in water systems. A key achievement was the establishment of the first national, legally enforceable drinking water standards for PFAS, along with the designation of two PFAS compounds as hazardous substances under federal law. The EPA set maximum contaminant levels (MCLs) for five specific PFAS—PFOA, PFOS, PFNA, PFHxS, and HFPO-DA (GenX)—and established limits for certain mixtures. This framework requires public water systems to monitor and manage these contaminants, marking a critical milestone in federal regulation.
Additionally, PFOA and PFOS were classified as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), facilitating investigations and cleanups of PFAS releases. The EPA also issued draft recommendations for health-based PFAS levels in water bodies, serving as guidance for state and Tribal regulators. Furthermore, nine PFAS were automatically included in the Toxics Release Inventory (TRI) for Reporting Year 2025, increasing the total to 205 substances.
The extent of PFAS contamination is alarming, with the EPA reporting that over 143 million Americans had drinking water testing positive for PFAS by October 2024. By 2026, all public water systems serving more than 3,000 people will be required to test for 29 PFAS compounds. These comprehensive actions highlight the U.S. government’s commitment to tackling PFAS contamination and its implications for public health and environmental safety.
PFAS cleanup: the financial burden on U.S. water systems
While the regulatory progress made in 2024 marks a significant achievement for environmental health, it also imposes a substantial financial burden on water systems. The EPA rule requires water utilities to monitor PFAS over three years and comply with maximum contaminant levels (MCLs) within five years if contaminants are detected. This necessitates considerable investments in monitoring, treatment technologies, and infrastructure upgrades.
To support these efforts, the EPA has allocated $9 billion from the Bipartisan Infrastructure Law for communities affected by PFAS. This includes $4 billion for the Drinking Water State Revolving Fund (DWSRF) and $5 billion through the Emerging Contaminants Grant Program. Additionally, states can leverage nearly $12 billion in DWSRF funds and billions more from federal loans.
The American Water Works Association estimates that about 5,000 water systems will need to adopt new water sources or advanced treatment methods to meet the new standards, while 2,500 systems will need to adjust existing treatments. The national cost for installing treatment to remove PFOA and PFOS is estimated at over $3.8 billion annually, though the EPA projects that 6% to 10% of water systems will require action at a cost of $1.5 billion per year over 80 years.
How the PFAS Litigation Landscape is Expanding
The landscape of PFAS remediation is further complicated by legal liabilities and ongoing litigation. The practice of PFAS litigation began over seven years ago, culminating in the Aqueous Film-Forming Foam multi-district litigation (MDL), which consolidated hundreds of PFAS lawsuits, including claims from water and wastewater service providers as well as others impacted by PFAS contamination.
Significant settlements in recent years include DuPont’s $1.18 billion and 3M’s $12.5 billion agreements. Compounding the challenges of addressing PFAS pollution, many states have already implemented their own regulations concerning PFAS, including limits on drinking water. As of December 11, 2024, thirty-one State Attorneys General have initiated PFAS litigation to hold polluters accountable and secure resources for community cleanup efforts.
Striking a balance between the need for environmental accountability and the economic realities of compliance—where litigation plays a role in cost recovery—will be essential as the U.S. water sector navigates this complex issue. The regulatory advancements made in 2024 reflect the United States’ commitment to combatting PFAS contamination, while also highlighting the significant economic challenges that lie ahead. With billions of dollars required for monitoring and remediation, the financial burden on water systems is substantial, necessitating innovative solutions and ongoing investment.
Looking forward, the future of the EPA’s regulatory strategy for PFAS remains uncertain, especially with the incoming Trump administration likely to emphasize environmental deregulation, potentially targeting recent PFAS regulations for rollback. Additionally, ongoing legal challenges to the EPA’s PFAS regulations, as well as actions at both state and federal levels, contribute to this uncertainty, with outcomes still pending.
Conclusion
The 2024 PFAS regulations represent a crucial step forward in safeguarding U.S. water safety and public health. While these measures establish enforceable standards and enhance accountability for contamination, they also impose significant financial burdens on water systems, requiring substantial investments in infrastructure and treatment technologies. As litigation continues and state regulations evolve, balancing environmental responsibility with economic feasibility will be essential. The future of PFAS management will depend on sustained commitment and innovative solutions to address this pervasive challenge.
References
1-Key EPA Actions to Address PFAS
2-Final PFAS National Primary Drinking Water Regulation
https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas
