U.S. Environmental Protection Agency announces actions to combat PFAS contamination

Key Takeaways

On April 28, the U.S. Environmental Protection Agency (EPA) announced a new suite of upcoming actions to address contamination from per- and polyfluoroalkyl substances (PFAS). These measures, outlined by EPA Administrator Lee Zeldin, aim to strengthen scientific understanding, enhance enforcement and build partnerships with impacted communities, including counties and other local governments.

Relevant actions outlined by the EPA

The EPA’s latest announcement includes several provisions that will directly affect county governments and their residents. The following highlights are particularly relevant for counties:

Strengthening Science

• Designating a lead within EPA to coordinate PFAS activities across the agency
• Implementing new PFAS data collection and testing strategies
• Updating PFAS Destruction and Disposal Guidance on an annual basis (previously every three years)
• Accelerating the advancement of PFAS detection and treatment technologies

Fulfilling Statutory Obligations & Enhancing Communication

• Developing and enforcing effluent limitation guidelines (ELGs) for PFAS manufacturers and metal finishers
• Addressing compliance challenges related to national drinking water regulations for PFAS
• Utilizing authority under the Resource Conservation and Recovery Act (RCRA) and the Safe Drinking Water Act (SDWA) to respond to PFAS releases
• Working with Congress and industry to establish a clear liability framework that ensures the polluter pays—not passive receivers such as counties

Building Partnerships

• Advancing PFAS cleanup in contaminated drinking water systems
• Collaborating with states and the public to develop PFAS risk assessment tools
• Supporting state enforcement efforts, including review of air quality petitions related to PFAS
• Providing resources for PFAS-related investigations to hold polluters accountable

What is PFAS and why does this matter to counties?

PFAS are a group of long-lasting, synthetic chemicals used in everything from food packaging and nonstick cookware to firefighting foam used by airports, the military and fire departments. Two common PFAS chemicals—PFOA and PFOS—have been linked to serious health issues, including certain cancers, immune suppression, reproductive harm and hormonal disruption.

As owners, users and regulators of water resources, counties are directly impacted by federal regulation and legislation regarding PFAS. Since PFAS are extremely persistent in the environment, counties are increasingly seeing detections in groundwater, surface water, soil and public water systems. Counties are passive receivers of PFAS as counties do not produce or release PFAS into the environment but are responsible for managing contamination through drinking water or wastewater systems. This puts counties at risk of being held liable for cleanup under federal law, particularly the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Ongoing advocacy

NACo continues to advocate for explicit liability protections for counties and other passive receivers. Without a narrow exemption, local governments could be forced to bear the cost of cleaning up pollutants they never created—shifting the burden from polluters to residents and taxpayers.

NACo supports the EPA’s efforts to establish a liability framework that protects passive receivers and holds actual polluters accountable. Local governments should not be penalized for contamination they did not cause, and any federal PFAS response must ensure that the “polluter pays” principle remains intact.

Counties remain committed to working alongside federal partners to protect public health, secure clean water and ensure fair environmental policies.

Additional Resources

• Recent EPA PFAS Announcement

• Legislative Analysis: Impact of PFAS Regulations on Counties

• Policy Brief: Urge Congress and EPA to Consult with Counties on any Future Regulations on PFAS

• One Pager: PFAS Passive Receiver Protections for Counties