The Legislative Committee on Administrative Rules on June 26 approved a 90-day extension to the rule-adoption deadline for proposed amendments to the Vermont Water Supply Rules intended to incorporate federal limits for per- and polyfluoroalkyl substances, known as PFAS.

Ben Montross, of the Drinking Water Program in the Agency of Natural Resources’ Department of Environmental Conservation, told the committee the agency started rulemaking in November 2024 and is seeking the extension so it can “thoroughly consider the impact” of recent federal developments. “We’re here today to respectfully request a 90 day extension to the rule of adoption deadline for the final proposed rule amendments for the water supply rule,” Montross said.

Montross said the federal Environmental Protection Agency adopted a rule in April 2024 establishing maximum contaminant levels for certain PFAS compounds but that the federal rule has since attracted litigation and further administrative review. He said the EPA last month announced plans to “rescind and reconsider MCLs for several of the PFAS compounds listed in the federal rule and to extend some of the compliance dates,” leaving Vermont regulators without a stable federal reference.

Why it matters: Committee members pressed the agency on how a delay would affect stakeholders and on which federal standards would remain in force locally. Montross said Vermont has regulated five PFAS compounds since 2019 at a 20 parts-per-trillion standard; under the new federal MCLs he said the state would likely see an additional 20–25 systems exceed the new 4 parts-per-trillion threshold for PFOA and PFOS.

Montross also told the committee that “there is an unprecedented amount of federal funds currently coming through the program” and that roughly “half, if not more than half already know what they’re gonna do and have the funding ... in place or in lined up to address it.” He cautioned, however, that a national demand for treatment equipment could drive costs up and that funding gaps could remain for systems with lower PFAS levels that nonetheless show contamination.

The motion to approve the extension passed by voice vote. The transcript records the extension length as 90 days; the transcript also includes a later remark giving a calendar date for the extension that appears inconsistent with the meeting record and is not represented here as fact. Committee debate and questions were recorded on the public record during the agenda item.

The committee’s action allows state staff more time to decide whether to continue to reference the federal text directly, to write state-specific limits, or to adopt other approaches in light of evolving federal guidance.