PFAS regulation and litigation: EPA proposes rule changes as New Jersey secures $2.5 billion settlement

The United States Environmental Protection Agency (EPA) has proposed rules to modify existing regulations for per- and polyfluoroalkyl substances (PFAS). One proposal seeks to extend the compliance deadline for public water systems to meet maximum contaminant levels for PFOA and PFOS from 2029 to 2031. A second proposal suggests rescinding regulatory determinations and individual limits for four other PFAS compounds, including GenX, citing prior procedural missteps rather than new scientific data. Additionally, the EPA is proposing new requirements for wastewater treatment plants to monitor and report PFAS discharges under the National Pollutant Discharge Elimination System.

In New Jersey, state officials have announced judicial approval of settlements totaling approximately $2.5 billion to address statewide contamination from PFAS. The agreements resolve litigation against 3M and DuPont-related entities, with the DuPont settlement alone valued at over $2 billion. Officials described the settlements as a critical step in remediating environmental damage and protecting public health from the legacy of “forever chemicals” manufactured at industrial sites.