States' PFAS Monitoring, Discharge Rules Spur Regulated Entities' Fears

摘要

States are beginning to require industrial facilities to monitor for and in some cases limit the discharge of some per- and polyfluoroalkyl substances (PFAS) in stormwater and wastewater, prompting concern from regulated entities that states are moving ahead with differing policies even as EPA lacks any analytical methods for PFAS in wastewater.Among the actions drawing attention are Pennsylvania's recent issuance of a Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) permit containing PFAS limits for an Air Force National Guard facility, and Wisconsin's sampling program for more than 30 PFAS from effluent from industrial facilities and publicly owned treatment works (POTWs), which a state court has temporarily halted.Pennsylvania's permit requirement is a "concerning" precedent due to the state's actions outside the typical process for setting discharge limits, says one private-practice attorney.The Pennsylvania Department of Environmental Protection (PADEP) March 24 issued a discharge permit with a limit of 70 parts per trillion (ppt) for two of the most studied PFAS discharged from stormwater and groundwater stemming from Biddle Air National Guard Base in Horsham Township, PA. The 70 ppt is for the combined concentration of perfluorooctanoic acid (PFOA) and perfiuorooctane sulfonate (PFOS), matching EPA's non-enforceable drinking water advisory level set in 2016.