On January 31, 2023, the United States Environmental Protection Agency (EPA) announced the Effluent Guidelines Program Plan 15 (Plan 15) – they are also called Effluent Limitation Guidelines (ELG). In September 2021, Preliminary Plan 15 was announced by the EPA.
What are ELGs?
ELGs are technology-based regulations that are supposed to be based on the performance and costs of demonstrated wastewater control and treatment technologies. The EPA has issued ELGs for 59 industrial categories. These regulations apply to about 40,000 facilities that discharge directly to the nation’s waters, 129,000 facilities that discharge to municipal sewage treatment plants, and certain construction sites. ELGs date back to the early 1970s.
The Clean Water Act (CWA) requires the EPA to biennially publish a plan for new and revised effluent limitation guidelines (after public review and comment).
With respect to Plan 15, one new rule and several new studies are anticipated. We say anticipated because the EPA states, “The commencement and pace of these activities depend on the agency’s Fiscal Year 2023 appropriations and operating plan.”
Plan 15 One New Rule Anticipated – Landfills
The new action announced by the EPA includes revisions to the ELGs and pretreatment standards for the Landfills Category. This was based on the presence of per- and polyfluoroalkyl substances (PFAS) in landfill leachate. ELGs were previously promulgated for landfills in 2000.
This isn’t completely unexpected, as there has been a focus on PFAS at landfills for some time. PFAS are also present in other ELG studies.
Much of the focus of the ELGs (Plan 15) is on the potential for PFAS in effluents.
Plan 15 Expands Detailed Studies
Plan 15 includes additional effluent studies for the following industries:
Textile Mills Category – The intent of the study is to gather information on the use, treatment, and discharge of PFAS from the industry.
Publicly Owned Treatment Works (POTWs) – This study is to look at the influent at POTWs focusing on collecting nationwide data pertaining to industrial discharges of PFAS to POTWs, including categories recently reviewed.
Concentrated Animal Feeding Operations (CAFO) – This study will focus on collecting further information to enable the agency to make an informed, reasoned decision whether to undertake rulemaking to revise the ELGs for CAFOs. For more information about environmental issues affecting agriculture, see our Agricultural-Environmental Resource Page.
There was no mention of CAFOs in the Preliminary Plan 15. The focus on CAFOs is due to a 2021 lawsuit brought by Food and Water Watch. Also, unlike the other industries mentioned in Plan 15, the Federal Register does not state what parameters they will be evaluating. Food and Water Watch has previously suggested that CAFOs are discharging pollutants such as E. coli, nitrogen, phosphorous, pharmaceuticals, and heavy metals.
Other Actions in Plan 15
It was also announced in Plan 15 that the EPA is not pursuing further regulatory action for the Electrical and Electronic Components Category. However, the EPA stated that they will continue monitoring this category for PFAS discharge data through the POTW Influent Study.
Additionally, as part of Plan 15, the EPA will continue to monitor PFAS “applications and discharges” from the Pulp, Paper, and Paperboard Category and Airports.
The 2021 Multi-Industry PFAS Study (by the EPA) provides more details on the agency’s evaluation of PFAS in effluents (announced in the Preliminary Plan 15) for the following:
- Organic Chemicals
- Plastics and Synthetic Fibers Manufacturing
- Metal Finishing
- Pulp, Paper, and Paperboard Manufacturing
- Textile Mills
- Commercial Airports
PFAS Resources
This and much more information about PFAS is available on our PFAS Resources Page. Dragun has worked on a variety of PFAS projects, including sampling discharges, assessment and remediation of groundwater, and providing litigation support.
If you have questions or need assistance with a PFAS issue, contact either Jeffrey Bolin, M.S. or Matthew Schroeder, M.S., P.E. You can reach them at 248-932-0228.
This blog was drafted by Alan Hahn. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
The blog was reviewed by Jeffrey Bolin, M.S. Jeff is a partner and senior scientist at Dragun Corporation. He is a published author, frequent speaker, and expert witness. His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.
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