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1 1 (January 13, 2025)

handle is hein.crs/govesbn0001 and id is 1 raw text is: 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. 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 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 for surface waters 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. EPA announced projected timelines for several actions to address PFAS using CWA authorities in its agency-wide PFAS plan, the 2021 PFAS Strategic Roadmap. EPA has released annual progress reports on the 2021 Roadmap, most recently in November 2024, which included updates to the Roadmap's time frames. To date, EPA has not published any final technology-based effluent limits to address any PFAS, has not established requirements for PFAS in biosolids, and has not designated any PFAS as a toxic pollutant or hazardous substance. EPA has published water quality criteria for certain PFAS, and in some instances has used NPDES permit authorities to address PFAS and has encouraged states to use such authorities. 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 Updated January 13, 2025 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 recent ELG 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. The plans have also 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 the 2021 Roadmap, EPA established timelines for action, including data collection or rulemaking, on 11 industrial categories. EPA targeted the end of 2024 as the deadline for significant progress in its ELG regulatory work. In January 2023, EPA released its latest ELG biennial plan, which updated some of the agency's plans and timelines. In the 2024 Roadmap progress report, EPA indicated that it expects to propose ELGs for the PFAS manufacturing sector in the coming months. In these documents, EPA has indicated that the agency * plans to publish proposed rules revising ELGs for the Organic Chemicals, Plastics, and Synthetic Fibers category, the Metal Finishing and Electroplating Categories, and the Landfills Category; * will expand its study of the Textile Mills Category; * is moving forward with a POTW Influent Study to collect nationwide data on industrial discharges of PFAS to POTWs; and * will continue to monitor several other sectors to determine whether additional steps are necessary. 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 include best management practices in permits on a case-by-

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