The EPA recently released an advance notice for proposed rulemaking (ANPRM) for per- and polyfluoroalkyl substances (PFAS). The Agency is requesting public comment on the information and data presented in the ANPRM. Comments must be received on or before May 17, 2021. This ANPRM will also initiate further data collection and analysis to support future rulemaking under the Clean Water Act.

Future rulemaking could affect wastewater effluent limitations guidelines, pretreatment standards, and new source performance standards to address discharge of PFAS. The Agency identified several industries with facilities that discharge PFAS in their wastewater that would be subject to proposed regulations. These industries include Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF) manufacturers and formulators. 

The ANPRM follows two recent EPA actions to address PFAS:

  • On February 22, 2021, EPA reissued final regulatory determinations to regulate PFOA and PFOS in the Federal Register. In the Regulatory Determinations, the Agency outlines avenues for further evaluation of more PFAS chemicals.
  • On March 11, 2021, the EPA published the proposed fifth Unregulated Contaminant Monitoring Rule (UCMR 5). This would require sampling for 30 chemical contaminants (29 PFAS and lithium) between 2023 and 2025. This builds on the monitoring of six PFAS that took place under UCMR 3. The public comment period for this proposal is open until May 10, 2021.        

These recent EPA actions are steps toward long anticipated federal PFAS regulations. Walden’s environmental professionals will continue tracking regulatory developments related to emerging contaminants. If you have questions about current PFAS guidance, please contact Walden today!


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