By Treven Pyles on January 07th, 2026 in FELA
In April 2024, the EPA established the first legally enforceable limits on PFAS in drinking water, marking a turning point in the way federal agencies address these chemicals. The new regulations could strengthen workplace protections for railroad workers who have been exposed to PFAS for decades, as well as create clearer standards for employer accountability.
The EPA finalized Maximum Contaminant Levels for five individual PFAS chemicals and established a Hazard Index for mixtures. PFOA and PFOS now have limits of 4.0 parts per trillion each, while PFHxS, PFNA, and HFPO-DA (GenX) are capped at 10 ppt each. Mixtures of these PFAS must meet a Hazard Index MCL of 1.
With initial monitoring beginning by 2027 and compliance required by 2029, these legally enforceable limits require public water systems to monitor and reduce PFAS levels. For the first time in U.S. history, PFAS exposures are subject to enforceable national standards rather than voluntary health advisories.
The EPA estimated the rule will prevent PFAS exposure in drinking water for approximately 100 million people and avert thousands of deaths and tens of thousands of serious illnesses linked to PFAS exposure. For railroad workers near contaminated train yards and training facilities, compliance with these standards reduces direct exposure through drinking water and process water.
As part of the Comprehensive Environmental Response, Compensation, and Liability Act, which is also known as Superfund, the EPA also declared PFOA and PFOS hazardous substances in April 2024. In the case of contaminated sites, the polluters are more likely to face cleanup costs.
This change has a significant impact on railway operations. Firefighting foams and industrial runoff contaminated with PFAS could now qualify as CERCLA releases, which would allow the EPA or states to enforce cleanup actions for surrounding communities and employees. In accordance with this expanded authority, remediation may be required at sites where AFFF was repeatedly used during training exercises or emergencies.
Monitoring of PFAS in public water systems must be conducted by 2027, and results must be published. A continuous monitoring program ensures that levels exceeding MCLs are detected early and the public is informed. To bring levels into compliance, systems with PFAS levels above limits have until 2029 to install treatment technologies.
Many treatment technologies, including granular activated carbon, reverse osmosis, and ion exchange systems, are now supported through funding and technical guidance. Through infrastructure programs, the EPA is providing $1 billion to help states and territories implement PFAS testing and treatment at public water systems and help private well owners address PFAS contamination.
Federal regulations on PFAS drinking water in 2024 marked a major regulatory milestone, but ongoing regulations are causing uncertainty in 2025. As part of the new EPA rule, PFOA and PFOS compliance deadlines will be extended to 2031, and PFNA, PFHxS, HFPO-DA, and PFBS regulations will be rescinded.
Proposals to weaken enforcement provisions against PFAS have been criticized by environmental and public health advocates, who warn that they could delay protections. The Toxic Substances Control Act's reporting requirements for PFAS sources could be reduced as a result of rollback measures.
These mixed signals matter because strong, enforceable PFAS limits help establish clear scientific and legal benchmarks that underpin not just environmental protection but worker safety standards and liability frameworks, including FELA-related claims.
PFAS limits and monitoring requirements stipulate that industries, including railroads, test water supplies, soil, and potentially hazardous workplace areas. Data monitoring can help employers and safety professionals identify contamination hotspots and reduce exposures for employees from ingestion of contaminated water, skin contact with contaminated soil, and airborne contact with contaminated dust.
Under CERCLA, the use of PFAS as a hazardous substance boosts cleanup authority at contaminated sites near railroad operations where PFAS has been released from AFFF or industrial processes. The cleanup process also reduces chronic, low-level worker exposure pathways that could lead to long-term health problems.
The OSHA and state safety programs could use the EPA drinking water standards to develop occupational exposure guidance relevant to rail workers. Although drinking water standards are not workplace safety standards, they establish benchmarks. PFAS levels in workplace water, soil, and air could be considered by employers as part of their hazard assessments.
PFAS have also been added to the Toxics Release Inventory, increasing transparency around industrial PFAS releases, and improved analytical methods have been developed to detect dozens of PFAS in water, soil, and air, aiding environmental and workplace monitoring.
The new regulatory standards strengthen the case that employers knew or should have known about contamination risks if you developed cancer or a chronic illness after working at railroad facilities with PFAS contamination. The Environmental Litigation Group has represented victims in environmental contamination cases for over 35 years. You must provide documents proving your diagnosis as a result of exposure to contaminated sites when you file a FELA claim. Feel free to contact us if you would like to discuss how these regulatory developments may be beneficial to you.