Why are New PFAS Regulations Important to the Landfill, Wastewater, and Stormwater Community?

April 24, 2024

After more than a year of waiting, the Environmental Protections Agency (EPA) announced a more stringent Final National Primary Drinking Water Regulation for five PFAS and GenX and a mixture of at least two of four PFAS.

Enforceable federal drinking water limits for PFAS are significant for discharges from landfill leachate, municipal and industrial wastewater treatment plants, and stormwater releases for several reasons:

Upstream Influence: Many PFAS compounds enter wastewater treatment plants through industrial discharges, commercial products, and residential sources. Establishing federal drinking water limits for PFAS encourages upstream stakeholders, such as industries and manufacturers, to reduce or eliminate the use of these chemicals. This, in turn, reduces the concentration of PFAS entering treatment facilities making their treatment processes more effective

Protecting Drinking Water Sources: Industrial and municipal wastewater and stormwater discharges can ultimately impact drinking water sources such as rivers, lakes, and reservoirs. Stormwater runoff can carry various pollutants, including PFAS, from urban and industrial areas into water bodies. PFAS may be present in surface water runoff due to their widespread use in consumer products, industrial processes, and firefighting foams. New drinking water PFAS rules help regulate the levels of these chemicals in drinking water sources, by indirectly addressing their presence in discharges. PFAS present in discharges and stormwater runoff can infiltrate these water bodies, potentially compromising their quality.

Regulatory Compliance: Municipalities and industries responsible for wastewater and stormwater management must comply with regulations aimed at protecting water quality. New drinking water PFAS rules set by states and the EPA establish standards for PFAS levels in drinking water sources. Compliance with these rules may require dischargers to implement measures to reduce PFAS contamination in wastewater and stormwater discharges. This may include adopting best management practices and installing treatment processes capable of reducing PFAS levels in effluents to meet the federal drinking water standards. Failure to comply could result in regulatory fines and penalties.

Monitoring and Reporting Requirements: Pretreatment and NPDES permits are likely to include monitoring and reporting requirements for PFAS. Dischargers will need to invest in monitoring equipment and establish protocols for regular testing to ensure compliance with the new regulations. Accurate reporting of PFAS levels in effluent will be essential for demonstrating compliance and avoiding regulatory penalties. The drinking water rule will become a consideration in NPDES permits and the upcoming EPA Plan 15 PFAS rules as they drive pretreatment regulatory compliance, necessitate treatment process optimization, and establish monitoring and reporting requirements.

Environmental Protection: PFAS can persist in the environment and bioaccumulate in aquatic ecosystems, posing risks to wildlife and ecological health. By controlling PFAS levels in drinking water sources, regulations indirectly mitigate the environmental impact of stormwater discharges containing PFAS. This helps protect aquatic organisms and preserve the integrity of ecosystems affected by stormwater runoff. Further, implementing stringent regulations on PFAS in drinking water, such as required sampling and treatment technologies for reducing PFAS to federal regulatory limits, may result in drinking water treatment residues being discharged to the wastewater stream. These treatment residues may increase the load seen in wastewater influent PFAS concentration, exacerbating treatment performance in order to meet current or future discharge limits. As the EPA mitigates environmental contamination and protects aquatic ecosystems from the harmful effects of PFAS, dischargers can contribute to this goal by minimizing PFAS discharge into water bodies through effective treatment processes.

Public Health Considerations: PFAS are associated with various health risks, including potential adverse effects on human health. Exposure to elevated levels of these chemicals in drinking water can pose significant health concerns for consumers who rely on impacted water sources. Dischargers play a critical role in achieving reduced PFAS in these sources by treating their industrial or municipal wastewater to remove or reduce PFAS concentrations before discharge into WRRFs or directly to water bodies. Also, by setting standards for PFAS levels in drinking water, regulations indirectly promote public health by reducing exposure to these harmful chemicals from stormwater discharges and other pathways.

Public Confidence and Trust: Compliance with federal drinking water limits for PFAS demonstrates a commitment to public health and environmental stewardship. It helps build trust and confidence among the public regarding the safety and reliability of drinking water and wastewater treatment processes. Maintaining compliance with these regulations enhances the reputation of both the wastewater industry and regulatory agencies.

Financial Impact: Implementing treatment technologies for water treatment facilities, industrial discharges, wastewater operations, and stormwater management will have a costly impact that will be passed along to consumers. Analytical costs may rise, and the availability of laboratory services is a significant concern as laboratories burden will increase.

Liability: Dischargers that contribute to PFAS in drinking water supplies may be dragged into expensive and prolonged litigation resulting from drinking water purveyors claiming that PFAS caused expensive treatment technologies for them to comply with the recently published or even future more restrictive drinking water standards.

In summary, new drinking water PFAS rules will be costly, but are important for leachate, wastewater, and stormwater discharges because the rules help protect drinking water sources, lead a path to regulatory compliance, promote environmental protection, and ultimately help address public health concerns related to PFAS discharges.

For more information on PFAS, please visit www.cecinc.pfas.

About the Author


Ivan A. Cooper, PE, BCEE

Ivan A. Cooper, P.E., BCEE, is a Principal in CEC's Water Resources Practice at our Charlotte office. He is a registered Professional Engineer in 18 states. Awards include a 2019 Distinguished Individual Achievement Award from the Solid Waste Association of North America, a 2017 Innovation Award from CEC, and the 2017 Roy F. Weston Award from the Journal of Solid Waste Technology and Management.

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