Infrastructure Bill Could Mean Nationwide Wastewater Discharge Limits for PFAS

A new water and environment infrastructure bill, known as the INVEST in America Act (H.R. 3684), recently passed the House, and includes a provision that requires EPA to regulate PFAS under the Clean Water Act.  Specifically, the proposed legislation requires EPA to issue human health water quality criteria within three years for “each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of such substances.” 

The agency would also be required to issue effluent limitation guidelines (ELGs) within four years for discharges to publicly owned treatment works (POTWs) of “each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of such substances” from nine industry sectors, including electroplating (413) and metal finishing (433). The requirement would apply to additional sectors as well, including organic chemicals; plastics and synthetic fibers; pulp, paper and paperboard; textile mills; leather tanning and finishing; paint formulating; electrical and electrical components; and plastics molding and forming.

While EPA currently does not regulate PFAS discharges under the Clean Water Act, for the past three years it has been evaluating whether it should set PFAS limits for the surface finishing industry through national effluent limitation guidelines.  NASF has continued to work closely with EPA on informing the agency’s decisions on this effort.  The proposed legislation would mandate the acceleration of this process and also require EPA to finalize a new rule for electroplating (413) and metal finishing (433) source categories within four years.  The legislative action could also prompt further action from EPA even if it does not become law.

The effort to include PFAS water quality criteria and ELGs in the infrastructure bill were spearheaded by Representative Chris Pappas (D-NH) who proposed the legislative language in House Resolution 3622.  This language was subsequently incorporated into the infrastructure bill by amendment.  The infrastructure bill (H.R. 3884) was passed by the full House just prior to the July 4 weekend.

Senator Kirsten Gillibrand (D-NY) has introduced similar legislative language in the Senate, the Clean Water Standards for PFAS Act.  No further has been taken on this measure to date in the Senate. It’s not clear yet whether it will gain sufficient support to pass the Senate or if it will be incorporated into a Senate version of infrastructure legislation and possibly become law.

NASF remains fully engaged in the issue and is discussing this legislation with decision makers and will keep NASF members updated on its status. This latest legislative effort reflects the intense interest among policymakers to address the release of PFAS into the environment. If you have any questions regarding the proposed legislation, please contact Christian Richter at crichter@thepolicygroup.com or Jeff Hannapel with NASF at jhannapel@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.