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1 1 (June 28, 2022)

handle is hein.crs/govehxn0001 and id is 1 raw text is: Congressional Research Servk nfo rming Ih Ieg iltive d bat sin 'o 1914 S June 28, 2022 Regulating PFAS Under the Clean Water Act In recent decades, improvements in monitoring technologies and analytical methods, combined with health research, have increased national attention to the presence of emerging contaminants in surface water. Detections of one particular group of contaminants, per- and polyfluoroalkyl substances (PFAS), have heightened public and congressional interest in the U.S. Environmental Protection Agency's (EPA's) authorities under the Clean Water Act (CWA) to address PFAS in surface water. Overview EPA has several CWA authorities it may use to address contaminants, such as PFAS, in surface water (for more information, see CRS Report R45998, Contaminants of Emerging Concern Under the Clean Water Act, by Laura Gatz). Under the CWA, a primary mechanism to control contaminants in surface waters is through permits. The statute prohibits the discharge of pollutants from any point source (i.e., a discrete conveyance) to waters of the United States without a permit. The CWA authorizes EPA, and states with delegated CWA permitting authority, to limit or prohibit discharges of pollutants in the National Pollutant Discharge Elimination System (NPDES) permits they issue. These permits incorporate technology-based and water- quality-based requirements. The CWA requires EPA to establish technology-based effluent (i.e., discharge) limits for industrial dischargers, known as Effluent Limitation Guidelines (ELGs). EPA is also required to issue water quality criteria for use in establishing water quality standards and water-quality- based effluent limitations. The CWA also authorizes EPA to utilize certain NPDES permit authorities to address contaminants; to set pollutant limits and monitoring and reporting requirements for contaminants in biosolids (i.e., sewage sludge from wastewater treatment facilities) if sufficient scientific evidence shows there is potential harm to human health or the environment; and to designate contaminants as toxic or hazardous pollutants. To date, EPA has not published any final technology-based effluent limits or water quality criteria to address any PFAS but has taken steps toward doing so. EPA announced projected timelines for these actions in its latest agency- wide PFAS plan, the 2021 PFAS Strategic Roadmap. EPA has not established requirements for PFAS in biosolids but included an associated action and timeline in the Roadmap. In some instances, EPA has used NPDES permit authorities to address PFAS and has taken steps to encourage states to use such authorities. EPA has not designated any PFAS as a toxic pollutant or hazardous substance. Effluent Limitation Guidelines The CWA requires EPA to publish ELGs, which are the required minimum standards for specific pollutants in industrial wastewater discharges. EPA has developed ELGs for 59 industrial source categories. For industrial facilities that discharge directly to regulated waters, EPA or states incorporate the limits established in ELGs into the NPDES permits they issue. For indirect dischargers-facilities that discharge to publicly owned treatment works (POTWs)- pretreatment standards established in ELGs to prevent pass through and interference at the POTW apply. The CWA also requires EPA to annually review all existing ELGs and publish a biennial plan that includes a schedule for review and revision of promulgated ELGs, identifies categories of industrial sources discharging toxic or nonconventional pollutants that do not have ELGs, and establishes a schedule for promulgating ELGs for any newly identified categories. EPA's most recent biennial plans have included details on the agency's efforts to determine whether the agency should update ELGs for certain industrial source categories to set effluent limitations for PFAS. In these plans, EPA noted that while there has been significant study in recent years of the presence of PFAS in the environment and drinking water, there has been relatively little study of the discharges of PFAS to surface water and POTWs. Hence, EPA's recent biennial plans and related actions have included efforts to identify and characterize PFAS discharges, including the types and concentrations of PFAS discharged and the significant sources of PFAS discharges. In the Roadmap, EPA broadened the goals it included in recent biennial plans to address PFAS discharges through ELGs and targeted the end of 2024 as the deadline for significant progress in its ELG regulatory work. Specifically, EPA established timelines for action on the following industrial categories: Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF); Pulp, Paper, and Paperboard; Textile Mills; Electroplating; Metal Finishing; Leather Tanning and Finishing; Paint Formulating; Electrical and Electronic Components; Plastics Molding and Forming; Landfills; and Airports. NPDES Authorities In cases where EPA has not established an ELG for a particular industrial category or type of facility, or where pollutants or processes were not considered when an ELG was developed, the permitting authority (EPA or states) may still impose technology-based effluent limits on a case- by-case basis. The permitting authority may also require facilities with NPDES permits to monitor for pollutants or conduct special studies as a means to collect data to support future permit limits. The permitting authority may also

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