EPA Requests Additional 45-Day Delay in Legal Challenges to PFAS MCLs

On May 12, 2025, EPA submitted a request to the DC Court of Appeals for a 21-day delay in the legal challenges to the final PFAS MCLs (the Court of Appeals granted the request with a deadline of June 4, 2025). On May 14, 2025, EPA issued a Press Release from new EPA Administrator Zeldin regarding the final PFAS MCLs. The Press Release indicated EPA’s intent to keep the final MCLs for PFOA and PFOS and “rescind and reconsider” the MCLs for PFHxS, PFNA, HFPO-DA and the Hazard Index calculation for those three PFAS and PFBS. In addition, EPA indicated their intent to extend the compliance date to 2031. EPA plans to publish a proposed rule during fall 2025 and a final rule during spring 2026.

Yesterday, by the June 4, 2025 deadline, EPA submitted a request to the DC Court of Appeals requesting an additional 45-day delay in the legal proceedings challenging the PFAS MCLs. Copy of EPA’s motion is enclosed. Text below is copied from the enclosed motion:

“In light of the May 14 announcement, EPA respectfully requests that the Court continue the abeyance for an additional 45 days. EPA is still evaluating the impact of its planned reconsideration and compliance extension proceedings on the issues presented in this case. This evaluation has taken longer than anticipated at the time EPA filed its last motion to govern. Additional time is necessary for EPA to fully evaluate these issues, develop a proposal for how to proceed in this matter, and confer with the other parties.”