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The United States Environmental Protection Agency (EPA) Region 1 recently issued a final National Pollutant Discharge Elimination System (NPDES) General Permit for Medium Wastewater Treatment Facilities (General Permit) for facilities in Massachusetts. This is national news because of its incorporation of monitoring requirements for per- and polyfluoroalkyl (PFAS) substances.

 

PFAS are man-made chemicals used in industry and consumer products since the 1940s. This includes nonstick cookware, water-repellent clothing, stain-resistant fabrics and carpets, some cosmetics, some firefighting foams, and products that resist grease, water, and oil. The concern with PFAS that most PFAS (including PFOA and PFOS) do not break down and can migrate into the soil, water, and air during manufacturing processes.  While more research is needed, the EPA is aggressively regulating.

 

The USEPA has determined the following industries may discharge PFAS substances:

  • Airports;
  • Electric and electronic components;
  • Electroplating;
  • Landfills;
  • Leather tanning & finishing;
  • Metal finishing;
  • Organic Chemicals, Plastics & Synthetic Fibers industry category (“OCPSF”);
  • Paint formulating;
  • Plastics molding & forming;
  • Pulp, paper & paperboard industries; and
  • Textile mills.

 

Although the news is specific to Wastewater Treatment Facilities in Massachusetts, this is most likely just the start of increasing regulations.  Other states with NPDES programs governed by the USEPA, New Hampshire; New Mexico; the District of Columbia; Territories (except the Virgin Islands); Certain federal facilities; and Tribal lands can expect to start monitoring for PFAS in the future. As with most requirements, this is expected to trickle down to states’ NPDES Programs.  For example, Alabama is already incorporating PFAS requirements into permits for certain industrial categories.

 

So, where is this all coming from?  Well, in April 2022, the USEPA Issued a memorandum, addressing PFAS discharges in EPA-Issued NPDES Permits and Expectations, where EPA is the Pretreatment Control Authority. Radhika Fox, the EPA Assistant Administrator for the Office of Water instructed the Regional Water Directors to begin actively addressing PFAS, starting with requiring qualifying facilities to add PFAS to the NPDES (National Pollutant Discharge Elimination System) monitoring list.  The EPA intends to identify and quantify PFAS sources through this process.

 

There are no EPA-approved methods for analyzing PFAS which makes this more cumbersome for facilities to comply. Any suitable monitoring method may be used but the facility must describe the method which could potentially lead to inconsistent data and reporting.

 

What can you do? Be on the lookout for changes to your NDPES permits and other permits for PFAS inclusion. If you have any questions, please get in touch with CMI for help or information.

 

Written by Kristian Witt, Vice President, Environmental Services

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