As state and federal regulators continue to work on identifying sources of per- and polyfluoroalkyl substances (PFAS), develop new analytical methods, and toxicological data, we expect to see PFAS incorporated into various existing regulatory programs. In some cases, enforceable limits for certain PFAS chemicals will be established.
Keeping a close eye on the developments that can affect the regulated community will be important in the coming months and years.
EPA-OW Memorandum
The recent (November 2020) Environmental Protection Agency – Office of Water (EPA-OW) Memorandum, “Recommendations from the PFAS NPDES Regional Coordinators Committee” is worth a closer look.
The EPA OW, as you might suspect, has been focused on PFAS. From their November 2020 Memorandum: “These OW-led actions include developing analytical methods for detecting PFAS in drinking water and other environmental media, evaluating PFAS treatment techniques, understanding PFAS exposure from various environmental media, and evaluating statutory and regulatory mechanisms to manage adverse human health and environmental impacts from PFAS exposure.”
While the recommendations are for sites where the EPA is the lead agency (i.e., not authorized states), it’s likely that some authorized states will follow the recommendations outlined. There are three recommendations:
Three Recommendations for NPDES Permit Writers for PFAS
Recommendation 1: “Include permit requirements for phased-in monitoring and best management practices, as appropriate, taking into consideration when PFAS are expected to be present in point source wastewater discharges.”
The workgroup recommends that EPA NPDES (National Pollutant Discharge Elimination System) permit writers “consider incorporating permit requirements for monitoring PFAS at facilities where PFAS are expected to be present in point source wastewater discharges.” This recommendation is consistent with Section 6.2.1.5 of the 2010 NPDES Permit Writers Manual, “Pollutants Otherwise Expected to be Present in the Discharge.”
Historical and Off Site PFAS Sources
The decision on when PFAS monitoring is required will be a discretionary call by the permit writer. It could be a low threshold if the agency is more risk averse. We have observed required monitoring in other situations as a means for quantifying the extent of PFAS in the environment. Will having used PFAS containing substances sometime in the past (months, years, decades) in the manufacturing process be sufficient to require NPDES monitoring for PFAS? Also, what if this facility is downwind from an identified PFAS Source? For example, ITRC states, “Certain PFAS are found in ambient air, with elevated concentrations observed or expected in urban areas nearest to major emission sources…such as industrial facilities that produce PFAS or use PFAS chemicals or products in manufacturing; areas where Class B firefighting foams containing fluorine are used or released; waste management facilities, including landfills and wastewater treatment plants; and areas of biosolids production and application.”
Further, a positive PFAS test could raise the questions such as from where did the PFAS come? How do I know it’s from my facility? Finally, what next steps might the lead agency take if there is a positive result? With no enforceable federal PFAS standards in place, at what level of PFAS will mitigation be required?
Because the science of PFAS is still very much in development, the concern is the decision to regulate PFAS before the knowledge base supports that action. (Picture Source: Pixabay)
Phased In Approach for PFAS Monitoring
This recommendation does come with a caveat in that they state a phased approach to any potential PFAS monitoring provision, such that the monitoring requirements should be “triggered at a time after EPA’s multi-lab validated methods are made available to the public.” They state that the methods will be available later this year.
While many states have developed their maximum contaminant levels and/or surface water standards for PFAS, EPA has not promulgated any enforceable PFAS standards. Monitoring for any contaminant in the absence of standards could create more questions than answers.
Recommendation 2: “Include permit requirements for phased-in monitoring and stormwater pollutant control, as appropriate, taking into consideration when PFAS are expected to be present in stormwater discharges.”
This recommendation includes “consideration of pollutant control measures” for both Municipal Separate Stormwater System permits as well as Industrial Stormwater Permits…when “deemed appropriate by the permit writer.” They again state a phased in approach is recommended.
Pollution Control
What will the pollutant control measure entail? Will this include removal and treatment if PFAS are present at some level yet to be determined? How much discretion does the permit writer have with respect to pollutant control? Currently, PFAS removal technologies are limited and expensive. A facility that receives a mandate for PFAS control measures could incur significant costs associated with compliance.
Recommendation 3: “Information sharing on permitting practices and the development of a permitting compendium, an information sharing platform, and continuation of the workgroup.”
A reasonable recommendation – building on PFAS-specific communication, knowledge sharing, etc… They also provide a link to the current EPA Permitting Compendia.
What is the Best Approach?
We are in no way intending to be hypercritical of regulators’ attempts to address PFAS. Those of us in the environmental community know there is much work to be done in understanding and then addressing PFAS in the environment. But we first need to understand how PFAS chemicals affect human health and the environment. Because the science of PFAS is still very much in development, the concern is the decision to regulate PFAS before the knowledge base supports that action. How the phased-in approach is implemented will be critical to successful management of PFAS in the NPDES program.
If you have questions about any aspect of PFAS, contact my colleagues Matthew Schroeder, M.S., P.E., or Jeffrey Bolin, M.S., CHMM. Also we continue to update our PFAS Resources Page as new information (including this EPA-OW memo) become available.
Sign up for our monthly environmental newsletters.
Principled Foundation | Thoughtful Advice | Smart Solutions