Industrial Stormwater Applicants Dodged the PFAS Bullet… Industrial Wastewater Not So Lucky

In December 2023, PA Department of Environmental Protection (PADEP) updated its National Pollutant Discharge Elimination System (NPDES) Individual Industrial Wastewater permit application process, and PFAS (per- and polyfluoroalkyl substances) are now included as required pollutants to be sampled. These emerging contaminants, found in cleaning products, firefighting foams, industrial coatings, and more have been raising eyebrows due to their environmental persistence and potential health risks, and PADEP is taking action.

What has changed?

• Individual Wastewater Permit Applications are now required to include analysis for four PFAS compounds as part of Pollutant Group 1 testing. These include Perfluorooctanoic acid (PFOA), Perfluorooctanesulfonic acid (PFOS) Perfluorobutanesulfonic acid (PFBS), and Hexafluoropropylene oxide dimer acid (HFPO-DA). This is a noteworthy change, not just because PFAS was added, but that PFAS was added to Pollutant Group 1, meaning that all industrial categories are subject to PFAS testing.  So, wastewater discharges did NOT dodge the PFAS bullet.
• Module 1 of the Individual Wastewater Permit Application, which is used to obtain Industrial Stormwater coverage, now includes a question about whether aqueous film-forming foam (AFFF) containing PFAS are used at the facility.  The inference here is that, if the applicant checks “Yes,” PFAS analysis is required for the stormwater sampling as well. So, applicants seeking industrial stormwater coverage via the Individual Wastewater permitting process also dodged the PFAS bullet, but only if PFAS-containing AFFF is not used.

Why should you care?

• Compliance is crucial: Missing the new PFAS testing requirements will certainly result in delays or even denial of your permit application.
• Other Industrial Stormwater Permit Applications:  Industrial stormwater coverage can also be obtained via PADEP’s General Permit (PAG-03) or an individual industrial stormwater permit (or exemption via No Exposure).  PADEP has not published and has not given any indications that PFAS testing will be added to any of these other NPDES Industrial Stormwater permit applications, so applicants seeking industrial stormwater coverage via these mechanisms have also dodged the PFAS bullet.
• Sampling: Specific methods, standards, and procedures for sampling PFAS are ever evolving. Keeping up with sampling guidelines such as this technical brief from U.S. EPA increases the integrity of your PFAS sample results.

Need Help?

ALL4 is continuing to monitor developments related to Individual NPDES permits and will be providing timely updates as they become available. For more information regarding this or other topics related to stormwater and wastewater, keep an eye out for any future ALL4 articles, or contact Kyle Costello of ALL4 at kcostello@all4inc.com or Evan Mia at emia@all4inc.com.