Understanding the NPDES Program and the Pending Inclusion of PFAS in Permits

The National Pollutant Discharge Elimination System (NPDES) is a federal program established under the Clean Water Act in 1972, with its primary goal to protect the waters of the United States by regulating point-source discharges of pollutants into those waters. NPDES permits set limits on the quantities of pollutants that can be discharged. Once applications are accepted and NPDES permits granted, they require process flow information and analytical data to be reported to demonstrate compliance. The pollutants included in NPDES permits are generally related to the materials being handled/manufactured at the applicant’s facility related to the facility’s Standard Industrial Classification (SIC) codes as explained below. 

Categories of NPDES Permits

There are several major categories of NPDES permits noted below, and there are multiple subcategories within each group: 

• Animal Feeding Operations (AFO) 

• Industrial Wastewater 

• Municipal Wastewater 

• National Pretreatment Program 

• Pesticide Permitting 

• Stormwater 

State Authorization for NPDES Permits

The federal NPDES program may authorize a state, territory or tribe to issue its own NPDES permits. The following weblink shows the states and tribal territories where the federal NPDES program has been authorized to them, either fully or partially. NPDES State Program Authorizations Map (epa.gov).  

Currently, only three states, Massachusetts, New Hampshire and New Mexico, and the District of Columbia are completely under the federal program to issue NPDES permits. Ten states are partially authorized, 24 are fully authorized, and nine states are fully authorized including an approved biosolids program.  

Addressing PFAS in NPDES Permits

An EPA memorandum was issued December 5, 2022, addressing per- and polyfluoroalkyl substances (PFAS) in NPDES permits and through the Pretreatment Program and Monitoring Programs. The memorandum provided guidance for the authorized NPDES-permitting states to address PFAS discharges, while the Office of Water establishes effluent limitation guidance (ELGs).  

EPA Guidance on PFAS Compliance

The memorandum guidance focuses on publicly owned treatment works (POTWs), industrial facilities, and stormwater discharges nationwide. The POTW guidance extends to influent, effluent, and the generated sludges (biosolids). The goal of the guidance is to identify upstream PFAS dischargers and allows each state discretion on implementation. Depending upon a state’s legislative procedures and whether or not it has established discharge standards, there can be extreme differences in whether PFAS are included in NPDES permits or not.  

Industries Affected by PFAS Regulations

As noted earlier, the EPA has established a listing of SIC codes where PFAS are suspected to be present (for any reason). These include, but are not limited to organic chemicals, plastics, and synthetic fibers (OCPSF); metal finishing; electroplating; electric and electronic components; landfills; pulp, paper, and paperboard; leather tanning and finishing; plastics molding and forming; textile mills; paint formulating, airports, and of course, municipal waste. Other considerations include PFAS remediation sites, chemical manufacturing, and military bases. 

PFAS Monitoring and Reporting Requirements

The take-away is that monitoring and reporting for PFAS has started, and you should expect the possible inclusion of PFAS in your renewal or new permit. Many of the new/renewed permits will require monitoring and reporting for the shear purpose of gathering data to identify PFAS sources from numerous industries, where point-source PFAS treatment will be required. This will occur at many facilities that may be unaware that PFAS is even present in their discharge.  

Expert Assistance

The experts at Montrose Environmental are here to help. When questions/discussions arise on the possibility of  PFAS present in your influent or effluent, our subject-matter experts can help to assess your entire process, evaluate supply chain inputs, assist in negotiating proper limits, and ensure that sampling, analysis, and even PFAS treatment/removal (if needed) are performed correctly – all necessary components to minimize liability and ensure regulatory compliance.