EPA's Office of Water has rescinded five guidance documents, including the December 2022 memorandum "Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs." EPA said the PFAS memorandum had caused confusion and inconsistent application among states and permittees, including cases in which Safe Drinking Water Act maximum contaminant levels were incorporated directly into Clean Water Act permits. The agency also rescinded the related April 2022 PFAS memorandum and a January 2025 fact sheet on case-by-case technology-based effluent limits for emerging contaminants.

This needs careful framing. EPA explicitly says guidance documents are not legally binding, and the action does not repeal the Clean Water Act, the NPDES program or states' underlying permitting authority. EPA said it will consider whether replacement guidance is appropriate and indicated that future guidance on these issues should receive public notice and comment.