To better understand how PFAS passes from industry through Publicly Owned Treatment Works (POTWs), the EPA recently proposed an Information Collection Rule (ICR) focused on PFAS in wastewater influent, effluent, and biosolids. Paul Jackson, Pace® Analytical Program Manager for Environmental Compliance and Emerging Contaminants, delivered a webinar covering the basics of the proposal and its impact on our customers. In this post, I will cover some of the critical highlights. I also invite you to watch the webinar on-demand for a deeper dive.
Watch: US EPA Information Collection Rule (ICR) Proposal for PFAS and NPDES
The NPDES ICR Timeline
In the U.S. EPA’s Effluent Guidelines Program Plan 15, the agency announced its intention to study PFAS in POTWs. The Information Collection Rule (ICR) titled “U.S. Environmental Protection Agency POTW Influent PFAS Study Data Collection” announced on March 26, 2024, would fulfill that commitment.
The ICR is still in the proposal stage, but the required public comment period has passed. Given the data’s importance to future rulemaking, we would not be surprised to see this proposal fast-tracked and published before the end of the year. Of course, the public comments may impact the final details of the rule. EPA has stated its intention to complete this ICR by the end of 2025.
Who Will Be Required to Sample?
This ICR includes the nation’s 400 largest POTWs, but not all will be required to sample. The first step involves a survey of these organizations. From that data, the EPA estimates issuing testing orders to 200 to 300 of the organizations surveyed. A draft of the survey can be found on the EPA’s webpage.
During our webinar, we were also asked when we expect the EPA to expand this rule beyond the initial 400 largest POTWs. While the agency has not announced any details, Paul provided some opinions based on his experience.
Paul speculated that once the data starts rolling in from the initial program, he did not think it would be surprising to see the testing requirements expand to smaller POTWs and a broader industry profile. But, as he pointed out, the EPA issued a memo to the states on writing PFAS into NPDES permitting in 2022. Many smaller entities (industrial and POTWs) that discharge wastewater into the Waters of the U.S. (WOTUS) may already be required to report on PFAS in their discharge.
Matrices to be Sampled
There are a couple of critical details to note regarding the focus of phase one. First, this ICR will collect discharge data from specific types of businesses through the sampling of industrial effluent. While these businesses will not do the sampling themselves, each POTW selected may be required to sample the influent from up to 10 industrial users of the system. This data will be used as the basis for future Effluent Limitations Guidelines and NPDES permitting.
Second, these POTWs will be sampling domestic influent. This is the non-sewage wastewater generated by residential and commercial buildings. This is interesting in that it will be the first significant effort by the EPA to collect meaningful data on the impact of PFAS in domestic wastewater streams on the PFAS in drinking water. We are eager to see what the study shows.
Phase two of the study will require selected POTWs to analyze sewage sludge or biosolids produced as a byproduct of wastewater treatment. Concerned about the impact of PFAS in biosolids, a handful of states have already started requiring biosolids to be tested before being disposed of in landfills or land applied as a soil amendment. The data from this study will increase our understanding of this issue.
Required Test Methods
Required test methods are dictated by the matrices to be sampled and the data to be collected. Phase one testing will assess wastewater for 40 targeted PFAS and adsorbable organic fluorine. Phase two will quantitate those same 40 PFAS in wastewater sludge.
EPA 1633, which was finalized in early 2024, can measure the 40 PFAS in both wastewater and biosolids and is required for phases one and two. Quantitating adsorbable organic fluorine in wastewater, as required in phase one, necessitates a different approach. The recently finalized EPA 1621 is required here.
When putting together your testing plan, it is important to remember that analyzing wastewater is different than analyzing drinking water. Wastewater composition can vary significantly, and the wastewater methods (1633 and 1621) are procedurally more complex than the drinking water methods (533 and 537.1). To ensure defensible and timely results, choose a lab with experience in both wastewater methods and testing all types of wastewater.
For a deeper dive into these methods, you can watch a replay of the webinar we conducted shortly after these methods were finalized earlier this year. Pace® laboratories participated in EPA’s validation of these methods as well, so feel free reach out to our Subject Matter Experts if you have any questions.
How Will the Data Be Used?
Although the POTWs are the entities required to sample, the EPA makes it clear that gathering industry data for future rulemaking is a top priority. According to their website, “The wastewater sampling data will primarily be used to identify and prioritize industrial point source categories where additional study or regulations may be warranted to control PFAS discharges.” As we noted earlier, we expect this data to be used to determine future limits on PFAS in wastewater discharge, either through federal ELGs or NPDES permitting.
Furthermore, the agency states that wastewater sludge data will be used to “inform upcoming risk assessments and the need for future regulations and guidance pertaining to the management of sewage sludge.” Since NPDES permitting can include biosolids, this data will no doubt be used by permitting authorities. We could also see it used to provide more definitive guidance on the disposal of biosolids, and states will almost certainly use it to determine policies regarding the use of biosolids as soil amendments.
As Paul points out in the webinar, the data may also help the EPA determine if more guidance or regulation is needed around the handling of PFAS in domestic wastewater influent. Since the study looks at both influent and effluent, it will also provide much more information on the impact of wastewater treatment on PFAS precursors.
Still Have Questions?
Again, if you missed our recent webinar on this proposed rule, you can watch that here. We fielded several questions about sampling wastewater effluent and influent and the methods used. If you are interested in the technical details, you will no doubt find the discussion helpful.
As always, if you would like to ask additional questions or discuss your specific project requirements, reach out to us at any time. If, like many POTWs, you are already planning to test wastewater and biosolids for PFAS – whether the ICR is finalized or not – you can also request a quote for services.