Lee Zeldin's EPA moves to roll back standards on toxic chemicals in drinking water

The Environmental Protection Agency this week announced a long-anticipated proposal to rescind federal limits on certain toxic "forever chemicals" in drinking water, established two years ago by the Biden administration, a move New York has sought to neutralize. 

The Trump administration plans to roll back restrictions on four types of these chemicals, known as PFAS. Another proposed rule would allow water suppliers to request two more years to comply with limits on two other PFAS compounds, PFOS and PFOA. Water suppliers were initially given until 2029 to meet the standards under the Biden-era plan, but they will now be eligible for an extension to 2031.

PFAS — or per- and polyfluoroalkyl substances — have been used in thousands of industrial and consumer products, from nonstick pans to artificial turf to fast food wrappers. There are tens of thousands of PFAS compounds, very few of which are regulated, and they do not easily break down — thus the term "forever chemicals." They enter groundwater when they are washed down the drains of ordinary households and when they leach from landfills where such products are dumped. High concentrations flow from industrial sites such as airports and firefighter training facilities.

When PFAS leach into soil and water they poison wildlife and farm animals; they also accumulate in the tissues of humans when they ingest them in water or food. 

Researchers have found long-term exposure to PFAS, even in tiny amounts, increases the risk of prostate, kidney and testicular cancers, developmental problems in infants and children and other health problems.

As of January, three Long Island water districts, Locust Valley, Manhasset-Lakeville and the Suffolk County Water Authority — which service nearly 1.3 million people — detected one of the deregulated compounds above the federal limit in one of their wells, according to a federal database of test results.

Many districts across Long Island have been installing filtering systems to remove the chemicals, which are highly effective but costly. 

Manhasset-Lakeville superintendent Paul Schrader said seven of the 10 wells in the district have carbon filtration systems to remove PFAS, and carbon systems will be installed on the remaining three. "So by the time 2029 rolls around, we’ll have carbon filtration on all our wells," he said. 

Daniel Dubois, a spokesman for the SCWA, said that as soon as the sample tested above 10 ppt, that well was taken offline. He also said that “the actions of the EPA don't actually have any impact on what we are doing here. Our goal is to remove all contaminants, down to non-detectable levels, and we're going to continue to do so, regardless of the actions taken by the federal government.”

Locust Valley did not reply to requests for comment.

Two LI water districts exceed the hazard index with a combination of PFHxS and PFNA: Locust Valley and New York American Water-Lynbrook. 

New York American Water could not be reached for comment. 

Backing the proposal

EPA Administrator Lee Zeldin, a former Long Island congressman, defended the proposed rules during an event at EPA headquarters in Washington on Monday, where he argued the Biden administration regulations were "rushed out the door." He said water suppliers across the country, particularly in rural areas, were raising concerns about meeting the original compliance deadline.

"The water systems were given deadlines that many of them have communicated to us that they were going to have trouble meeting, and we left the rule open to be struck down in court," Zeldin said at a roundtable on PFAS where he was joined by Health and Human Services Secretary Robert F. Kennedy Jr.

Kennedy also touched on litigation surrounding the Biden-era standards, arguing that the Trump administration’s move to rescind the standards was "shaving years from a process where that regulation would get thrown out and we would have to start again."

The proposed rules will not be finalized at least for several months. The proposals are open for public comment until July 20, and a public hearing will be held July 7. 

In April 2024, President Joe Biden's EPA established the first enforceable federal standards for PFAS in drinking water after reviewing multiple studies over several years that showed these chemicals cause cancer and other serious diseases.

For PFOA and PFOS, once the most commonly used PFAS compounds, the maximum level was 4 parts per trillion. Three other compounds — PFNA, PFHxS, and HFPO-DA (often called by its trade name, GenX) — were limited to 10 ppt and were also to be regulated in combination with a fourth chemical, PFBS, based on risk from exposure (called a hazard index). Water suppliers had to comply by 2029.

Observers were not entirely surprised by the rollback. Zeldin said last May that he planned to cancel and delay these regulations. 

Soon after Biden set the new standards, trade groups representing the chemical industry, water utilities, and Chemours, a large PFAS manufacturer, challenged them in court, arguing they were based on bad science and did not follow the proper regulatory procedures.

With President Donald Trump in office, the EPA filed a motion in the suit in September, saying the agency agreed that the process had been improper and asking the court to reverse the rules on four of the chemicals, Newsday reported at the time.

Local and national environmental health advocates assailed Zeldin’s announcement Monday. "Peer-reviewed science has made clear that there is no safe level of exposure to PFAS in drinking water," Adrienne Esposito, executive director of Citizens Campaign for the Environment in Farmingdale, said in a statement.

"The two-year delay on standards for PFOA and PFOS are unnecessary and dangerous," she added. "Water suppliers were given five full years to comply, and billions of dollars were made available to help communities invest in the necessary drinking water treatment technology."

The federal limits for PFOA and PFOS are tighter than the standards set by New York State in 2020. And New York has not set limits for the other chemicals the Trump administration has now declared it will not regulate. That would leave New Yorkers possibly exposed to higher doses of these toxins.

NY counters with law

The New York State Senate overwhelmingly passed a bill in March that would codify most of the EPA’s limits and maintain the original compliance timeline. The one difference is the state law dispenses with the limit on combinations of chemicals.

Several states, including Maine, Wisconsin and Vermont, have already set drinking water standards to match the EPA’s present rules.

"This bill insulates New York from the federal rollback," said Robert Hayes, senior director of clean water at Environmental Advocates NY. But "for a lot of the country, they're not going to get this ... Americans across the country are going to face prolonged exposure to toxic chemicals when they turn on the tap."

The EPA paired its announcement of the proposed PFAS rules with notification that the agency planned to release $1 billion in grant funding to states to address PFAS and other contaminants. New York is set to receive $40.5 million in funding.

Sen. Kirsten Gillibrand (D-NY) in a statement noted the funding was secured under the Bipartisan Infrastructure Law, signed into law by Biden in 2021. The infrastructure spending package included $5 billion over five years for grants to address PFAS and other emerging contaminants in "small or disadvantaged communities."

"This critical funding will empower New York communities to test their water for PFAS and other dangerous chemicals, and it will help support investments in the infrastructure needed to guarantee clean water for generations to come," Gillibrand said. "While the Trump administration has taken an ax to the very programs designed to protect our water, I’ve been fighting on the Senate Appropriations Interior and Environment Subcommittee for the release of funding to combat PFAS contamination. I am pleased that this funding is finally on its way to New York."

Senate Minority Leader Chuck Schumer (D-NY) in a statement took aim at Zeldin, who as a U.S. House member from Shirley served on the bipartisan PFAS congressional task force and supported legislation for tougher standards.

"Lee Zeldin used to warn New Yorkers about the dangers of PFAS. Now he is giving polluters permission to dump more of these cancer-causing forever chemicals into our drinking water," Schumer said. "That is not just hypocrisy. It is a betrayal."

Asked about Schumer’s remarks, the EPA in a statement defended Zeldin's current work on the issue of PFAS, saying in part the agency is also "accelerating the development of technologies to destroy PFAS, not just move it from one place to another."

Zeldin, in his Monday appearance, invoked his experience dealing with PFAS contamination on Long Island.

"I realized just how much of a big issue and urgent issue this is for my district, but also coming to Congress and speaking to members of the House and Senate on both sides of the house, how big of an issue this was all across the country," Zeldin said.

Newsday's Billy House contributed to this story.