Maryland Attorney General Voices Opposition to EPA’s Proposed Rollback of PFAS Drinking Water Limits

Baltimore, MD – Maryland Attorney General Anthony G. Brown has formally submitted comments to the Environmental Protection Agency (EPA) expressing strong opposition to the agency’s proposal to weaken existing limits on four specific per- and polyfluoroalkyl substances (PFAS) in public drinking water. This move by the Attorney General’s office aims to preserve current federal protections against these potentially harmful chemicals, which were established under the Safe Drinking Water Act (SDWA).

PFAS chemicals, often termed “forever chemicals,” are known for their persistence in the environment due to their resistance to natural degradation processes. Their widespread use in industrial applications, military operations, and numerous consumer products has led to their prevalence in groundwater and surface water. Scientific research has linked exposure to PFAS with adverse health outcomes, including an increased risk of certain cancers and damage to reproductive and developmental systems.

In 2024, the EPA finalized a rule designed to regulate the testing and treatment of public water systems for several specific PFAS compounds and their mixtures, a process that involved extensive research, analysis, and public input under the SDWA. However, the agency is now proposing to remove the established drinking water limits for four of these PFAS compounds.

The Attorney General’s office argues that this proposed rollback directly contravenes the anti-backsliding clause of the SDWA. This clause is specifically designed to prevent the EPA from weakening drinking water standards once they have been finalized. Furthermore, Attorney General Brown, as part of a coalition of state attorneys general, contends that the EPA’s proposal is unlawful under the Administrative Procedure Act. This is due to the agency’s alleged failure to provide a sufficiently reasoned justification for rescinding these established standards or to adequately consider alternative approaches to address these chemicals.

The comments filed by Attorney General Brown are supported by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Massachusetts, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Washington, and Wisconsin. This broad coalition underscores a significant level of inter-state concern regarding the proposed changes to PFAS drinking water regulations.

The current regulations established by the EPA represent a crucial step in enhancing oversight of PFAS in public water systems. By opposing the rollback, Attorney General Brown seeks to ensure that these vital public health protections remain in place, safeguarding communities from the potential risks associated with PFAS contamination in their drinking water. Residents of Maryland and across the nation can be assured that their state’s top legal officials are actively working to maintain existing safeguards against harmful chemicals.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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