PFAS Legislation Introduced That Specifically Targets Surface Finishing

Legislation was recently introduced again in Congress that would require EPA to issue wastewater discharge limits for PFAS for electroplating and metal finishing source categories. Among other impacts, the measure would accelerate the PFAS rulemaking on which NASF is already working with EPA.

On May 9, 2022, Senator Gillibrand (D-NY) and Representative Pappas (D-NH) introduced the “Clean Water Standards for PFAS 2.0 Act of 2022.” The bill would require EPA to set water quality criteria for each measurable PFAS within three years. In addition, it would also require EPA to issue final effluent limitation guidelines (ELG) for each measurable PFAS in wastewater discharges from the electroplating (Part 413) and metal finishing (Part 433) source categories and from the organic chemicals, plastics and synthetic fibers (part 414) source category by June 30, 2024. EPA has already committed to issuing and begun developing a proposed PFAS ELG for electroplating and metal finishing by Summer 2024 and for organic chemicals, plastics and synthetic fibers by Summer 2023.

The bill would also require EPA to issue PFAS ELGs for textile mills (Part 410), electrical and electronic components (Part 469), and landfills (Part 445) by June 30, 2025 and for leather tanning and finishing (Part 425), paint formulating (Part 446), and plastics molding and forming (Part 463) by December 31, 2026. EPA must also require monitoring of discharges from pulp, paper, and paperboard (Part 430) source category and airports upon the effective date of this legislation.

The time frame in the bill language is very aggressive and would require EPA to make a determination by December 31, 2023 that it will either commence developing the ELG or that an ELG is not feasible for each of the source categories. Among several concerns is that the entire surface finishing industry would be subject to an even more aggressive timetable that is currently underway at EPA. While it was not included last year, the measure could be included in this year's defense spending authorization bill. NASF has already been discussing PFAS and fume suppressants matters with the Department of Defense.

A copy of the bill is available at: https://www.govinfo.gov/content/pkg/BILLS-117s4161is/pdf/BILLS-117s4161is.pdf. The Policy Group will continue to monitor this legislation, provide information to congressional staff, and work with our industry partners. If you have any questions or would like additional information on this legislation, please contact Christian Richter with NASF at 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.