USEPA Proposes to Include PFAS in Industrial Stormwater Permits
On December 13, 2024, the United States Environmental Protection Agency (USEPA) proposed adding PFAS monitoring requirements under the 2026 National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for stormwater discharges from industrial activity. The proposed changes would require several industry sectors to conduct quarterly “report-only” indicator monitoring for PFAS using USEPA Method 1633. As summarized in a fact sheet, affected industry sectors would include manufacturers of paper products, electronics, textiles, rubber and chemicals; oil and gas extraction; landfills and hazardous waste treatment storage or disposal facilities; air transportation facilities; and more. USEPA indicated that recently published aquatic life criteria and aquatic life benchmarks for PFAS could be used to evaluate collected data. Many states use the MSGP as a model for Industrial Stormwater General Permits. Public comments may be submitted online by February 11, 2025.
USEPA Drafts Recommended Human Health Ambient Water Quality Criteria for Three PFAS
On December 26, 2024, USEPA published draft recommended ambient water quality criteria (AWQC) for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), and perfluorobutane sulfonic acid (PFBS) based on the protection of human health. Per the Clean Water Act (CWA), AWQC are issued to aid States and authorized Tribes in setting water quality standards for lakes, rivers, and other inland and nearshore water bodies. The draft recommended human health criteria consider ingestion of water and consumption of fish and shellfish and utilize final non-cancer toxicity values and cancer slope factors for PFAS.
Public comments may be submitted online by February 24, 2025.
USEPA Updates TSCA's New Chemical Regulations to Prohibit Low Volume and Low Release Exemptions for PFAS
On December 18, 2024, USEPA released a final rule amending new chemicals procedural regulations under the Toxic Substances Control Act (TSCA). Newly developed PFAS will be categorically ineligible for low volume or low release/exposure exemptions. USEPA updates clarified information requirements, adjusted the chemical review process and required USEPA to provide a determination on pre-manufacture notices and significant new use notifications within the applicable review period prior to manufacturing any newly developed compound or the application of a compound to a new use. This rule will go into effect on January 17, 2025.
USEPA Memoranda Clarify PFAS NPDWR Monitoring and Reporting Requirements
On November 21, 2024, USEPA issued two memoranda to clarify use of previously collected PFAS drinking water data to satisfy monitoring and reporting requirements under the National Primary Drinking Water Regulations (NPDWR). The first memorandum, addressed to drinking water primacy agencies, details how sampling conducted for the fifth Unregulated Contaminant Monitoring Rule (UCMR 5), state-level, or other appropriate monitoring efforts can satisfy the initial monitoring requirement. Samples collected on or after January 1, 2019, and analyzed using unmodified USEPA Method 533 or 537.1 are eligible to meet the initial monitoring requirement. The second memorandum provides similar guidance to laboratories, drinking water systems, USEPA regional laboratory directors, and state laboratory certification officers. Both memoranda detail compliance monitoring frequency determination, laboratory and analytical method requirements, laboratory reprocessing of UCMR 5 monitoring data for use in compliance monitoring, and data reporting.
USEPA Proposes Updates to PFAS Analytical Methods Used for CWA
On December 6, 2024, USEPA proposed an update to approved analytical methods that can be used for CWA monitoring. Two PFAS analytical methods were added: USEPA Method 1621 to measure adsorbable organic fluorine in aqueous matrices, and an updated version of USEPA Method 1633, USEPA Method 1633A, to measure 40 PFAS in aqueous, solid, biosolids, and tissue samples. Both methods have been validated and tested and can be used to support implementation of NPDES permits.
USEPA Releases Preliminary Effluent Limitation Guidelines Plan 16
On December 16, 2024, USEPA published its Preliminary Effluent Limitation Guidelines (ELGs) Plan 16 with information related to CWA ELGs and pretreatment standards for PFAS. Preliminary Plan 16 states that USEPA will conduct a detailed study of PFAS processors “to develop a more complete understanding of facilities that receive PFAS feedstocks to determine if any new or revised ELGs are appropriate”. Under the CWA, USEPA is required to publish a plan for new and revised ELGs and pretreatment standards biennially. Public comments may be submitted online until January 17, 2025.
European Environment Agency Releases Briefing on PFAS in European Waters
On December 9, 2024, the European Environmental Agency (EEA) published a first briefing of PFAS in water, based on data reported to the EEA’s Waterbase from a total of 27 European countries. Submitted data was collected over a period spanning from 2010 to 2022. Due to variability in available data for specific PFAS, the overview primarily focused on PFOS. Monitoring data indicated that PFOS detections are widespread throughout European waters. Environmental quality standards (EQS) for PFOS are currently 0.65 ng/L for inland surface waters and 0.13 ng/L for transitional, coastal, and territorial waters. From 2018 to 2022, 51-60% of rivers, 11-35% of lakes, and 47-100% of transitional and coastal waters exceeded the annual average EQS. EEA concluded that increased monitoring is needed to better understand the presence of additional PFAS.
Geosyntec PFAS Webinar Series
Geosyntec hosted a PFAS webinar series showcasing a thorough synthesis of the state of knowledge on the management of PFAS-impacted sites. Subject matter experts from Geosyntec and the broader stakeholder community discussed PFAS key technical, regulatory, and legal issues.
To view this six-part series as well as other archived webinars, visit Geosyntec PFAS Webinar Series.
