The U.S. Environmental Protection Agency on Sept. 8 released its Preliminary Effluent Guidelines Program Plan 15 to undertake three new rulemakings to reduce contaminants including per- and polyfluoroalkyl substances (PFAS) and nutrients from key industries, including metal finishing.
EPA will be initiating three new rulemakings after concluding several studies that were discussed in Effluent Guidelines Program Plan 14. The agency determined that revised effluent limitations guidelines (ELGs) and pretreatment standards are warranted for the metal finishing category to address PFAS discharges from chromium electroplating facilities.
Other industries targeted are Organic Chemicals, Plastics and Synthetic Fibers category for PFAS and the Meat and Poultry Products category to address nutrient discharges.
“This plan illustrates one way that EPA is following science to better protect public health and the environment,” says Radhika Fox, Assistant Administrator for Water. “Importantly and for the first time, EPA is committing to limit PFAS in wastewater discharges.”
Specific to the metal finishing industry, the EPA noted:
Based on information and data EPA has collected since it began studying PFAS in industrial wastewater, EPA determined that PFAS have, and continue to be, used by metal finishing facilities in the United States. EPA identified chromium electroplating and chromium anodizing operations (collectively referred to as “chromium electroplating facilities”) as the most significant source of PFAS in the metal finishing point source category due to their use of PFAS-based mist/fume suppressants to control toxic hexavalent chromium emissions. EPA determined that the use of PFAS-based mist/fume suppressants may generate PFAS-containing wastewaters. EPA verified that PFAS, including legacy long-chain PFAS and short-chain replacement PFAS, are present in wastewater discharges from chromium electroplating facilities to surface waters and POTWs. EPA did not identify any chromium electroplating facilities with PFAS effluent limitations or pretreatment standards in their wastewater discharge permits. Most chromium electroplating facilities are not monitoring for PFAS and may continue to discharge PFAS to POTWs or surface waters. EPA identified several Michigan chromium electroplating facilities that have reduced effluent concentrations of PFAS using GAC treatment.
Based on the information collected through the Preliminary Multi-Industry PFAS Study, EPA has determined that the development of effluent guidelines and standards for chromium electroplating facilities is warranted. EPA therefore plans to revise the existing Metal Finishing ELGs (40 CFR Part 433) to address PFAS discharges from chromium electroplating facilities. EPA solicits public input on this announcement.
Congress is also taking up the effort to limit PFAS. The Clean Water Standards for PFAS Act was introduced by Rep. Chris Pappas (D-N.H.) and Sen. Kirsten Gillibrand (D-N.Y.), and would require the EPA to develop ELGs and water standards for PFAS in nine different industry categories within four years.
A version of the Clean Water Standards for PFAS Act was included in the PFAS Action Act that cleared the House in July, and the in House-passed version of the $715 million water and transportation infrastructure bill known as the INVEST Act.
Preliminary Plan 15 also discusses the Steam Electric Power Generating category rulemaking that the agency announced on July 26, 2021. EPA has initiated that rulemaking process to consider strengthening the effluent limits applicable to certain ELG waste streams from coal power plants that use steam to generate electricity.
To view Preliminary Plan 15 and learn how to submit comments, visit: https://www.epa.gov/eg/effluent-guidelines-plan
