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Region 1 of the U.S. Environmental Protection Agency (“EPA”) granted the Final National Pollutant Discharge Removal System (“NPDES”) General Permit (“General Permit”) to Massachusetts on September 28. Issued to state establishments. See MAG590000.
The General Permit is not applicable to other parts of the country, but should be of interest as it incorporates specific monitoring requirements for perfluoroalkyl and polyfluoroalkyl (“PFAS”) substances.
PFAS are a group of man-made chemicals that have been used for many years in various industrial applications and consumer products. Properties of these chemicals include resistance to heat, water, and oil. They are described as being persistent in the environment and resisting degradation. Potential exposure of a person to her PFAS includes routes through drinking water, air, or food. In addition, the EPA recently proposed designating two chemicals as Comprehensive Environmental and Protective Responsibility Act Hazardous Substances.
PFAS can affect publicly owned treatment plants (“POTW”) and municipal wastewater treatment plants in a number of ways. For example, POTW receives emissions that may contain his PFAS from numerous commercial and industrial sources. Even more troubling is the fact that conventional his POTW wastewater treatment cannot effectively remove her received PFAS. Additionally, concerns have been expressed that PFAS may unnecessarily adversely affect POTW’s ability to manage municipal biosolids.
The referenced Region 1 General Permit applies only to certain facilities in Massachusetts, although organizations such as the National Association of Water Purification Authorities (“NACWA”) may, at some time has expressed concern about the possibility of incorporating something similar in . requirements.
Ten facilities have been designated by the EPA on a General Permit as likely to have PFAS emissions entering the POTW. It also refers to known or suspected PFAS contaminated sites and other known or suspected PFAS sources.
NPDES licensees must sample quarterly for detection of the following PFAS using Method 1633:
- influential
- drainage
- bio solid
Additional upstream sources should be sampled annually.
Several towns in Massachusetts have said they have serious concerns, as outlined in their responses to the EPA’s comments.
. . about this new test requirement. Inadequate guidance and regulations regarding his PFAS for sludge facilities that test sludge and detect PFAS in sludge creates an undue burden in terms of sludge disposal. This is because there are only a limited number of companies that can collect the sludge, and the sludge disposal costs are high. Will PFAS testing alone increase my town’s disposal costs? What is the EPA doing to mitigate this problem? Please provide a comprehensive plan showing that you will not face any cost burden to dispose of the sludge due to your requirements.
Additionally, NACWA commented that Method 1633 was not promulgated under the Clean Water Act Part 136 methodology.
A link to the General Permission can be found here.
