United States: U.S. EPA Efforts To Gather PFAS Data From Water Treatment Plants May Pose Risks For Upstream Dischargers

In January 2023, as part of U.S. EPA's Effluent Guidelines Program Plan 15, U.S. EPA announced its plans to conduct a POTW Influent PFAS Study to gather data on the discharge of per- and polyfluoroalkyl substances ("PFAS") to POTWs and the fate and transport of PFAS in POTW influent and sewage sludge. In furtherance of that initiative, U.S. EPA recently published notice of its plan to issue an Information Collection Request ("ICR") to approximately 400 of the largest POTWs. The ICR would initially consist of a questionnaire seeking information on "industrial users discharging to the POTW, known or suspected PFAS discharges to the POTTW, and wastewater and sewage sludge management practices of the POTW."

U.S. EPA indicates that it plans to use the information from the questionnaire to select a subset of 200 to 300 POTWs to participate in a two-phase sampling program. Phase 1 will require the POTWs to collect and analyze grab samples of industrial user effluent, domestic wastewater influent, POTW influent and effluent for forty specific PFAS as well as adsorbable organic fluorine ("AOF"). With respect to the industrial user effluent, U.S. EPA indicated it would select 10 industrial users from which the POTWs will be required to collect and analyze effluent samples for the 40 specific PFAS and AOF. Phase 2 will require these POTWs to sample their sewage sludge for the same PFAS and AOF.

U.S. EPA's rational for gathering this data is to facilitate its development of technology-based effluent limitations for a variety of industry sectors. Of course, the data collected by the POTWs in furtherance of this initiative will be publicly available information and depending on the results, could put an enforcement and/or litigation target on both the POTWs and industrial dischargers notwithstanding the absence of federal regulatory standards governing PFAS discharges to or from POTWs. We will continue to follow these ongoing developments at the Corporate Environmental Lawyer blog.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.