EPA Issues Guidance for Reducing PFAS in Water Discharge Permits

In a December 5, 2022 memorandum EPA provided guidance to states for addressing PFAS discharges when they are authorized to administer the NPDES permitting program and/or pretreatment program. A copy of the memorandum is available on the EPA website at: https://www.epa.gov/pfas/epa-actions-address-pfas. The recommendations in the guidance direct the Office of Water to leverage NPDES permits to reduce PFAS discharges to waterways at the source and obtain more comprehensive information through monitoring on the sources and quantity of PFAS discharged by these sources.

While EPA’s Office of Water works to develop industry-specific Effluent Limitation Guidelines (ELGs) and water quality criteria for PFAS discharges, this guidance identifies steps that states, publicly owned treatment works (POTWs), and industrial dischargers can implement under existing authorities to reduce the discharge of PFAS. EPA recommends the following array of NPDES and pretreatment provisions and monitoring programs to address PFAS discharges.

Recommendation for Industrial Dischargers

Monitor effluent and wastewater residual for PFAS and provide data on daily monitoring reports (DMRs).
Implement best management practices (BMPs) for discharges of PFAS, including product substitution, reduction, or elimination of PFAS.
Implement BMPs to address PFAS-containing firefighting foams for stormwater permits
Use technology-based treatment to meet site-specific technology based effluent limits developed on a best professional judgment, where no applicable ELGs apply.
Use water quality-based effluent limits derived from state water quality standards.

Recommendations for POTWs

Update list of industrial users who may be potential sources of PFAS.
Monitor effluent, influent, and biosolids for PFAS and provide data on daily monitoring reports (DMRs).
Utilize BMPs to address PFAS discharges to POTWs.
Develop local limits for PFAS where appropriate.
Encourage industrial users to implement pollution prevention, product substitution and good housekeeping practices to reduce PFAS introduced to POTWs.
Reduce the amount of PFAS in biosolids
Provide notice to potentially impacted down stream public water systems of any permits with PFAS-specific monitoring requirements.

Until EPA develops a final ELG rule to specifically address PFAS discharges from metal finishing and electroplating operations, states and POTWs can require surface finishing facilities to implement a wide range of actions through existing permitting authorities to reduce water discharges of PFAS. NASF will continue to work with federal, state and local officials to minimize the impacts on the surface finishing industry. If you have any questions or would like additional information about this guidance, please contact Jeff Hannapel or Christian Richter with NASF at jhannapel@thepolicygroup.com or crichter@thepolicygroup.com.

This update is courtesy of the National Association for Surface Finishing (NASF). For more information or to become a member, visit nasf.org.