Bipartisan Infrastructure Law PFAS

Comprehensive Analysis of PFAS Regulation Under the Bipartisan Infrastructure Law

Introduction

The Bipartisan Infrastructure Law (BIL), enacted in 2021, has significantly reshaped the landscape of infrastructure funding in the United States, with a focused lens on environmental challenges and public health concerns. One of the most critical pollutants addressed under this legislation is per- and polyfluoroalkyl substances (PFAS), commonly referred to as "forever chemicals." These persistent chemicals have been linked to a range of health issues, leading to increased regulatory scrutiny. As of July 30, 2025, it is imperative for municipal directors, design engineers, and environmental consultants to grasp the nuances of this law concerning PFAS management, remediation technologies, and funding opportunities.

This article is one of the funding programs covered in our guide to PFAS funding and grants. For the full range of programs a utility can combine, including state and settlement funds, see our companion article on PFAS grants for municipalities.

Understanding PFAS: The Problem

PFAS are a group of over 4,700 synthetic chemicals widely used in a variety of applications, including firefighting foams, non-stick cookware, and stain-resistant textiles. Their unique chemical properties grant exceptional stability and resistance to degradation, which also means they persist in the environment and human body, resulting in alarming health implications.

Health Implications

Research indicates that exposure to PFAS can lead to adverse health effects, including:

  • Increased cholesterol levels
  • Effects on the immune system
  • Reproductive issues
  • Certain cancers, including kidney and testicular cancer

According to a landmark study by the National Institute of Environmental Health Sciences in 2023, approximately 3.5 million Americans are likely exposed to PFAS-contaminated drinking water.

Verification note: this figure could not be matched to a National Institute of Environmental Health Sciences publication, and it is far below other widely reported estimates. A 2023 US Geological Survey study, for instance, estimated that at least 45 percent of the nation’s tap water contains one or more PFAS. The figure should be sourced or removed.

Regulatory Landscape

In response to these concerns, the Environmental Protection Agency (EPA) has categorized certain PFAS substances as hazardous and has outlined regulatory measures to mitigate exposure. The BIL facilitates these endeavors through funding aimed explicitly at addressing PFAS contamination in water systems, which will be explored in detail further on.

Regulatory status, current as of this revision: EPA finalized the PFAS National Primary Drinking Water Regulation on April 10, 2024, setting enforceable maximum contaminant levels of 4.0 parts per trillion each for PFOA and PFOS, 10 parts per trillion each for PFHxS, PFNA and HFPO-DA (GenX), and a Hazard Index for mixtures of PFHxS, PFNA, HFPO-DA and PFBS. Public water systems must complete initial monitoring by 2027. In May 2026 EPA published two proposed rules: one would retain the PFOA and PFOS limits while allowing systems to request an extension of the compliance date from 2029 to 2031, and the other would rescind the limits for PFHxS, PFNA, HFPO-DA and the Hazard Index. Both remain proposals and related litigation is ongoing, so the status of those four is unsettled. Many states maintain their own enforceable PFAS standards, unaffected by the federal proposals. Because this area is under active rulemaking, re-check EPA and state sources before relying on any figure here.

How the Bipartisan Infrastructure Law Addresses PFAS

Overview of the Law

The Bipartisan Infrastructure Law allocates approximately $1.2 trillion to enhance American infrastructure, with around $50 billion designated for water resources. Notably, a significant chunk of these funds is earmarked for tackling PFAS contamination across municipal water systems, wastewater treatment facilities, and the remediation of contaminated sites.

How BIL emerging-contaminants funding is actually structured: the law created three dedicated emerging-contaminants streams, each appropriated in five annual tranches across federal fiscal years 2022 through 2026:

  • DWSRF Emerging Contaminants — $4 billion. Capitalization grants to state Drinking Water State Revolving Funds, with PFAS the stated priority. The law requires 100 percent of these funds, less set-asides, to go out as additional subsidy, meaning principal forgiveness or grants rather than repayable loans.
  • Emerging Contaminants in Small or Disadvantaged Communities (EC-SDC) — $5 billion. A grant program administered by EPA through the states for small or disadvantaged public water systems, covering infrastructure, source water work, and testing.
  • CWSRF Emerging Contaminants — $1 billion. Through state Clean Water State Revolving Funds, for wastewater and stormwater projects addressing emerging contaminants.

Two practical points follow. First, almost none of this money is applied for directly from Washington: it reaches utilities through state programs, and projects must generally appear on the state’s Intended Use Plan project priority list. Second, FY2026 is the final year of BIL appropriations. That does not mean the money disappears on the last day of the fiscal year: states continue to award and disburse these funds through their own fiscal-year cycles, and unused emerging-contaminants allotments are reallocated to other states after two years. But no new BIL tranches follow, so utilities should treat the remaining funds as finite and check their state program’s current Intended Use Plan. Projects receiving SRF funds must also comply with Build America, Buy America domestic-content requirements for iron, steel, manufactured products, and construction materials.

Financial Support for PFAS Mitigation

As of 2025, states and municipalities can apply for federal grants under the BIL to fund PFAS-related projects, including:

  • Advanced water treatment technologies, such as activated carbon, ion exchange, and advanced oxidation processes.
  • Monitoring and sampling of drinking water to ensure compliance with emerging regulations.
  • Public education campaigns designed to inform communities about the risks associated with PFAS.

Two items in that list need qualifying. SRF emerging-contaminants funds pay for capital projects and associated planning and design; they generally do not fund routine monitoring or operation and maintenance, and education campaigns are not a typical eligible cost. And advanced oxidation should not appear among PFAS treatment options at all, for the reason explained in the next section.

Furthermore, the BIL encourages partnerships between local governments, private firms, and research institutions, facilitating the development and implementation of innovative solutions.

Advances in PFAS Treatment Technologies

As the demand for effective PFAS remediation grows, so does innovation in treatment technologies.

Proven Techniques

  1. Granular Activated Carbon (GAC):

    • GAC filtration remains the gold standard for PFAS removal. Recent trends show its efficiency can be enhanced by using modified carbon materials, leading to reduced operational costs and enhanced capacity.

  2. Ion Exchange Resins:

    • These resins specialize in exchanging PFAS ions with benign ions, effectively concentrating PFAS for further treatment.
  3. Advanced Oxidation Processes (AOPs):
    • Methods like ozone, UV light, and hydrogen peroxide are being employed to break down PFAS at a molecular level, demonstrating promises in reducing the total concentration of PFAS compounds in treated water.
    • Correction: conventional advanced oxidation does not break down PFAS. The hydroxyl radicals it generates cannot break the carbon-fluorine bond, and AOP treatment can convert precursor compounds into regulated PFAS such as PFOA, raising rather than lowering their concentration. The technologies EPA identified as best available for the 2024 rule are GAC, anion exchange, and reverse osmosis or nanofiltration.

Research and Development Funding

The BIL provides funding for research into innovative technologies, including biodegradable PFAS alternatives and treatment solutions that can be implemented on a larger scale. Collaborations between academic institutions and industries foster the development of enhanced chemical processes and filtration systems.

Challenges in PFAS Regulation and Treatment

While the BIL aims to alleviate the PFAS crisis, several challenges remain:

Compliance with Emerging Standards

States are moving forward with their regulations, often stricter than federal guidelines. Municipalities must navigate a complex landscape of federal and state regulations, which can vary significantly regarding permissible PFAS levels.

Public Perception and Trust

Public concern surrounding PFAS has persisted, leading to distrust in drinking water safety. Engaging communities and transparently conveying remediation efforts are essential for rebuilding trust.

Cost of Implementation

Despite federal funding avenues, the financial burden of implementing PFAS treatment solutions can be overwhelming for smaller municipalities. It is critical to advocate for equitable funding and support to ensure all communities can access necessary technologies.

Future Implications of the Bipartisan Infrastructure Law on PFAS Management

As we look ahead, the implications of the Bipartisan Infrastructure Law on PFAS management are profound.

Long-Term Monitoring and Data Collection

Integration of advanced monitoring technologies will allow for real-time tracking of PFAS levels in municipal water systems, leading to proactive interventions. This data is invaluable for understanding PFAS dynamics and developing effective treatment strategies.

Real-time PFAS tracking is not currently possible. At the parts-per-trillion levels relevant to regulation, PFAS can only be measured by laboratory analysis under EPA Methods 533 or 537.1, so monitoring relies on scheduled sampling. The research funding claim in the section above, including funding for PFAS alternatives, should also be verified; BIL water funding for PFAS is overwhelmingly directed to infrastructure through the programs described earlier.

Community Engagement and Education Programs

To ensure the success of mitigation efforts, community engagement initiatives supported by BIL funding will play a pivotal role. Educational campaigns focusing on the origins of PFAS contamination and effective water safety measures will enhance public understanding and cooperation.

Encouraging Innovative Solutions

The allocation of federal funds to PFAS research will drive innovation. Anticipating the development of new alternatives will also guide manufacturers in reducing the usage of PFAS in products, leading to a decrease in market demand.

Collaboration Across Sectors

As the BIL continues to unfold, fostering collaboration among regulatory bodies, municipalities, industry leaders, and the scientific community is vital for overcoming regulatory and technical challenges surrounding PFAS treatment.

Conclusion

The intersection of the Bipartisan Infrastructure Law and PFAS regulations signifies a decisive moment in the ongoing battle against environmental contamination and public health risks. With targeted funding and innovative treatment solutions on the horizon, it is crucial for stakeholders, including engineers, municipal directors, and environmental advocates, to seize this opportunity. By comprehending the law’s implications, leveraging available resources, and embracing technological advancements, we can pave the way toward safer water and improved public health.

This article aims to provide informative content relevant to the evolving PFAS landscape under the Bipartisan Infrastructure Law. Engaging with these insights can help stakeholders adapt and thrive in this changing environment, ensuring the health and safety of communities across the nation.