A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities manufacturing or formulating these compounds. PFAS are a group of chemical compounds found in a wide array of consumer and industrial products and are widespread and persistent in the environment. Evidence has shown continued exposure to PFAS above certain levels may lead to adverse health effects. For several years EPA and the states have studied the impact of PFAS on human health and the environment and have worked toward regulation of the compounds.

EPA’s March 17, 2021 Advance Notice of Proposed Rulemaking (“ANPRM”) requests data and facility information concerning discharges of PFAS from manufacturers in the Organic Chemicals, Plastics and Synthetic Fibers (“OCPSF”) point source category. EPA intends to use the data to amend OCPSF wastewater discharge requirements to include PFAS compounds.