In January, the U.S. Environmental Protection Agency issued an update to its PFAS Action Plan, stating “EPA continues to use enforcement tools, when appropriate, to address PFAS exposure in the environment and assist states in enforcement activities.”
Additionally, EPA said it would be taking steps to address PFAS in wastewater, including issuing guidance that requests permit limits for PFAS in the agency’s National Pollutant Discharge Elimination System (NPDES) permitting strategy and releasing information on developing new analytical methods to test for PFAS compounds in wastewater and stormwater.
Following this announcement, I spoke with Ally Cunningham, a partner at law firm Lathrop GPM, about what municipal wastewater treatment facilities should know about these new rules. In her practice, Cunningham advises clients regarding their regulatory requirements and assists with litigation of environmental claims, particularly tied to PFAS.
“It’s so important for water treatment facilities to get their arms around any possible contamination and vulnerabilities,” she said. “Figure out what your sources of PFAS are … [and then] start looking at disposal, and what methods may be available to you.”
With the change in presidential administrations, Cunningham pointed to the possibility, under a Biden administration, that PFAS could be designated as a hazardous substance, “which would really upend things on the wastewater treatment side.”
Biden’s pick for the head of EPA, Michael Regan, is expected to move PFAS regulation along based on his experience managing the PFAS regulatory process during his time as head of the Department of Environmental Quality in North Carolina, a state that’s heavily impacted by PFAS contamination. The good news for wastewater treatment operators is that Regan has historically held the producers of PFAS accountable for cleanup efforts, but that does not mean that treatment facilities will have no role to play as we work toward eliminating PFAS from the environment altogether.
“The issue with PFAS is that there are a lot of unknowns,” Cunningham said. “If you think you have a compliance situation [in your area], or you have a user who will have a compliance issue, I think it’s time to let them know; try to communicate those issues early, so that those individuals can think about [insurance] coverage and get in contact with a professional to determine what coverage might apply.”
While some municipalities have started implementing PFAS limits and monitoring permit requirements, Cunningham said wastewater facilities should think about engaging in formal lobbying, working with their public relations teams and hiring legal counsel who have a handle on developing regulations across jurisdictions.
“We are trying to stay ahead of the curve and learning what’s coming down the pipe right now [in terms of changing requirements],” Cunningham said. “There is so much information to digest, and there are so many changes day to day.”
Indeed, based on what we’re already seeing from the new administration, there is a good chance that increased PFAS action will be taken in the very near future, so keeping informed is more important than ever.
As always, thanks for reading! WW
