Freedom of Information Act/Safe Drinking Water Act: Waterkeeper Alliance Submits FOIA Request to U.S. Environmental Protection Agency Related to PFAS

Waterkeeper Alliance (“WA”) submitted an October 21st letter to the United States Environmental Protection Agency (“EPA”) styled:

Freedom of Information Act Request for Records Related to the U.S. Environmental Protection Agency’s (EPA) National Primary Drinking Water Regulation for per- and polyfluoroalkyl substances (PFAS).

The requested records are limited to January 20, 2025 to the October 21, 2025.

EPA had previously announced the decision to not promulgate Safe Drinking Water Act MCLs for four PFAS and extend the deadline for compliance with the PFOA and PFOS MCLs by two years.

The records requested include:

• Records relating to communications (including emails, Signal messages, SMS/imessage/text messages, meeting notes, attendance lists, and agendas, and calendar invitations) between EPA officials and outside parties, including without limitation states/state agencies, representatives of water utilities, trade associations, industry groups, corporations, non-governmental organizations, and individuals regarding modifications, delays, or rollbacks of the PFAS NPDWR.
• Environmental information, analysis, and/or data relating to actions to weaken or delay compliance with the PFAS NPDWR, including environmental data relating to the impacts of delaying compliance for PFOA and PFOS from 2029 to 2031, and/or partially rescinding the PFAS NPDWR with respect to PFHxS, PFNA, HFPO-DA (GenX), and mixtures containing two or more of these chemicals with PFBS.
• The PFNA toxicity report, reportedly completed last spring but not released to the public, as well as any environmental information, analysis, and/or data relating to the EPA report on the toxicity of PFNA, and any records relating to communications (including emails, Signal messages, SMS/imessage/text messages, meeting notes, 1 attendance lists, and agendas, and calendar invitations) between EPA officials, as well as with outside parties on the toxicity of PFNA, and the release of the PFNA toxicity report .

A copy of the FOIA request can be downloaded here.