U.S. Environmental Protection Agency (EPA), U.S. Department of Agriculture (USDA), U.S. Department of the Interior (DOI)

The following titles, parts, and sections of the Code of Federal Regulations (CFR) should be modified to close existing loopholes and strengthen accountability for fossil fuel and agricultural pollution, specifically addressing PFAS contamination and agricultural runoff: 40 CFR Part 131 – Water Quality Standards Targeted Sections: Provisions related to exemptions for PFAS and agricultural runoff. Rescission Focus: Modify existing water quality standards to remove exemptions that shield PFAS and agricultural runoff from stringent pollution control measures. Ensure that water quality standards reflect the most current scientific understanding of toxic pollutants and their impacts on human health and the environment. 40 CFR Part 232 – Administrative Procedure for Section 404 (Wetlands) Permits Targeted Sections: Provisions related to agricultural runoff and exemptions for certain agricultural activities. Rescission Focus: Modify regulations to remove exemptions for agricultural activities that contribute to runoff pollution in wetlands. Strengthen the Section 404 permitting process to ensure agriculture-related runoff is held to the same rigorous standards as other sources of wetland pollution. 40 CFR Part 300 – National Oil and Hazardous Substances Pollution Contingency Plan Targeted Sections: Provisions related to PFAS contamination oversight. Rescission Focus: Modify oversight provisions to ensure more stringent PFAS monitoring and remediation practices. Close any gaps in federal response to PFAS contamination, ensuring that all levels of government are involved in holding PFAS polluters accountable for environmental and public health impacts. 40 CFR Part 122 – Effluent Guidelines and Standards Targeted Sections: Exemptions related to industrial discharges of PFAS and agricultural runoff. Rescission Focus: Modify the effluent guidelines to remove exemptions that allow industrial discharges of PFAS and agricultural runoff to go unregulated. Strengthen standards to ensure that industrial facilities and agricultural operations contribute to clean water protection, with stricter enforcement of pollution control measures.

PFAS and Agricultural Runoff Exemptions Under the Clean Water Act

Exemptions for PFAS (per- and polyfluoroalkyl substances) and agricultural runoff have allowed significant environmental pollution to go unaddressed. PFAS, which are linked to severe public health risks, continue to contaminate water sources due to insufficient regulation. Agricultural runoff, often containing harmful chemicals like nitrates and pesticides, has contributed to water pollution in rural and agricultural regions, harming aquatic ecosystems and drinking water supplies. Rescinding these exemptions will restore Clean Water Act protections, improve water quality, and protect public health.

U.S. Environmental Protection Agency 1200 Pennsylvania Avenue NW Washington, D.C. 20460

EPA Office of Public Affairs Phone: 202-564-4700 Email: publicaffairs@epa.gov

The Clean Water Act (CWA) historically focused on improving water quality and regulating pollution from point sources, but exemptions for PFAS and agricultural runoff have weakened its enforcement capabilities. PFAS contamination, which has been linked to a range of health issues including cancer, liver damage, and developmental harm, is prevalent in drinking water and requires urgent regulation. Agricultural runoff, often exempt from stricter controls, leads to nitrate contamination, algal blooms, and broader environmental damage. Recent studies, including those from the EPA and the National Academies of Sciences, have found these pollutants are major contributors to water degradation across the U.S.

Rescinding these exemptions will strengthen water quality protections, improve human and environmental health, and close regulatory gaps that allow harmful pollutants to enter waterways unchecked. This reform will: Restore Clean Water Act authority over PFAS and agricultural runoff, Require stricter enforcement of water quality standards for contaminants that affect both urban and rural communities, Promote transparency and regulatory oversight for PFAS and agricultural operations, ensuring industries cannot bypass accountability for pollution. By closing these regulatory gaps, we can ensure that water resources are protected for future generations, reduce the risk of waterborne diseases, and safeguard the environment from irreparable harm caused by unchecked pollution.

PFAS Regulation: PFAS will be classified as a regulated contaminant under the Clean Water Act’s effluent guidelines and subject to mandatory discharge limits. Any industrial or waste disposal activities that result in PFAS contamination will be required to comply with water quality standards, and those exceeding the standards will face penalties or enforcement actions. Agricultural Runoff: Exemptions for agricultural runoff will be removed, requiring farms to comply with the Clean Water Act’s effluent guidelines. The new regulations will mandate that agricultural producers limit the discharge of harmful chemicals (e.g., nitrates, pesticides) into waterways and implement best management practices to reduce nutrient runoff. Reporting and Accountability: New monitoring and reporting provisions will be implemented for both PFAS and agricultural runoff pollutants, requiring more frequent testing and transparency. Farmers, industrial operators, and local governments will be required to submit regular pollution reduction plans, with penalties for non-compliance.

Lee Zeldin

Administrator of the Environmental Protection Agency