USEPA Releases Guide on Implementing Technology-Based Effluent Limitations for PFAS in NPDES Permits
In January 2025, the United States Environmental Protection Agency (USEPA) released a “how-to” guide titled Implementing Case-by-Case Technology-Based Effluent Limitations in NPDES permits for Pollutants of Emerging Concern. The guide was written for National Pollutant Discharge Elimination System (NPDES) permit writers and provides a framework to develop case-by-case effluent limitation guidelines (ELGs) for emerging contaminants, including PFAS. The case-by-case framework encourages early identification, PFAS influent and effluent monitoring, and consideration of technology performance. USEPA recommends the use of Methods 1633A or 1621 for treatment technology influent and effluent PFAS monitoring and effluent PFAS monitoring at discharge points. USEPA indicates that over 65 permits have already been issued related to PFAS that can be used as examples of acceptable approaches.
USEPA Delays Effective Date for the Addition of PFAS to the Toxic Release Inventory
In accordance with a memorandum issued by U.S. President Donald Trump on January 20, 2025 directing executive departments and agencies to consider postponing the effective date of pending rules, USEPA is temporarily delaying the effective date for the addition of nine PFAS to the Toxic Release Inventory (TRI) until March 21, 2025. The rule was originally set to become effective on February 5, 2025. Additional information on the ruling can be found in our January 2025 Newsletter.
U.S. Court of Appeals Stays PFAS NPDWR Suit Pending USEPA Regulatory Review
On February 7, 2025, the U.S. Court of Appeals (USCA) filed an order (USCA Case #24-1188; document #2099658) pausing litigation contesting USEPA’s National Primary Drinking Water Regulation (NPDWR) for PFAS until April 8, 2025 to allow incoming USEPA leadership time to become familiar with the regulation and associated case. The NPDWR was issued by USEPA in April 2024 and set maximum contaminant levels (MCLs) for six PFAS in drinking water. The lawsuit filed against USEPA by the American Water Works Association (AWWA) and Association of Metropolitan Water Agencies (AMWA) petitions for a review of the ruling, arguing that there were flaws in the development of the NPDWR, including the cost/benefit analysis and failure to use current PFAS occurrence information.
U.S. DoD Releases Updated PFAS Screening Levels
On January 21, 2025, the U.S. Department of Defense (DoD) published a memorandum with updated screening levels for PFAS to guide environmental investigations under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Defense Environmental Restoration Program (DERP). The DoD screening levels were adjusted from USEPA’s Regional Screening Levels (RSLs) after the DoD evaluated “detectability, the availability of peer-reviewed science, and the availability of EPA-approved analytical methods”. When USEPA RSLs for PFAS are updated based on new toxicity data and analytical methods, the DoD will review and adopt them where feasible. Updated DoD PFAS screening levels are included in the table below.
DoD components should integrate the updated PFAS screening levels into preliminary assessments (PAs) and site inspections (SIs) to determine if further investigation is necessary. PAs and SIs completed using previous PFAS screening levels with “no further action” determinations should be reassessed using the updated screening levels.
Minnesota Finalizes Biosolids PFAS Strategy
On January 17, 2025, the Minnesota Pollution Control Agency (MPCA) published a Minnesota Biosolids PFAS Strategy. Beginning September 1, 2025, the strategy will require municipal wastewater treatment facilities to analyze biosolids for 40 PFAS prior to land application. The concentrations of PFOA and PFOS will be used by MPCA to determine appropriate response actions, if any, under a tiered approach. Under Tier 4, biosolids containing concentrations of PFOA or PFOS equal to or greater than 125 µg/kg will not be permitted for land application. Biosolids containing concentrations of PFOA or PFOS between 21 and 124 µg/kg (Tiers 3 and 2) may require source identification and reduction, landowner notification, and/or cumulative load tracking. Under Tier 1, biosolids containing concentrations of PFOA or PFOS at or below 20 µg/kg will require informing the landowner of PFAS analytical results.
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 key PFAS technical, regulatory, and legal issues.
To view webinar recordings of this six-part PFAS series as well as other archived PFAS webinars, visit Geosyntec PFAS Webinar Series.
