Provided by the National Association of Clean Water Agencies 

It is important to note that this memo only contains recommendations, not binding regulatory requirements or directives. These recommendations only legally apply in areas where EPA is the permitting authority, but it is likely that many state permit writers will consider incorporating these recommendations upon permit renewal.

According to the memo, EPA formed a workgroup of representatives from each of the 10 EPA Regional Offices to explore options and develop an interim strategy to address PFAS through the NPDES permitting scheme. The workgroup made three recommendations:

One of the most challenging aspects of understanding PFAS pollution is not only the ubiquitous occurrence of these chemicals in our environment, but our analytical capabilities to detect them are more advanced than ever before. Because our detection capabilities are now in the parts per trillion range, it is paramount that the analytical methods are steeped in scientific methodology - that is the methods must be accurate, reliable, and reproduceable.

 
While the memo notes a preference for 40 CFR approved methods, it clearly states "if no approved methods are available at 40 CFR Part 136, then the permitting authority has discretion to specify the use of suitable methods." EPA has not approved a methodology for addressing PFAS in wastewater or surface water.

As the Agency continues to work towards finalizing their multi-lab SW-846/Method 8327 for detecting PFAS in wastewater and surface water, NACWA has serious concerns because this method tossed out 11 of the 24 analytes for problems with reproducibility, response and recovery. It is anticipated this method will be finalized in early 2021, and EPA will begin a more preferable multi-lab validation study using SW-846 isotope dilution later in 2021.

NACWA is aware that EPA Region 1, particularly in Massachusetts where EPA is the CWA-permitting authority, has already drafted a phased-in monitoring approach in some NPDES permits. In these specific permits, permittees are required to monitor for PFAS six months after EPA's multi-lab validated method is "made available to the public on EPA's Clean Water Act methods program website, or two years from the effective date of the NPDES permit, whichever is earlier." NACWA is concerned that, in these cases and with the recent memorandum, phased-in monitoring could move forward within a short time period of EPA making methods available to the public or publishing the multi-lab validated methodology on its website, and not after a public notice and comment period or formal method approval under 40 CFR Part 136.

The second recommendation references stormwater, particularly municipal separate storm sewer systems (MS4s). On a positive note, the interim strategy clearly identifies the maximum extent practicable (MEP) standard as the legal pollutant reduction standard for MS4s and clarifies the inherent flexibility MS4s have under the CWA to reduce discharges of pollutants. However, it is unclear what stormwater pollution controls the Agency envisions will reduce or mitigate PFAS contamination in MS4 discharges or how this will be implemented. NACWA is interested in learning more from MS4 communities if they have had conversations with state permit authorities on PFAS monitoring and stormwater pollution controls.

If SESWA members have questions about EPA's PFAS initiatives or this memo, please contact Emily Remmel, NACWA's Director of Regulatory Affairs.