News & Insights

EPA RELEASES PRELIMINARY EFFLUENT GUIDELINES PROGRAM PLAN 16 AND 2024 DRAFT PFAS HUMAN HEALTH WATER QUALITY CRITERIA

On December 16, 2024, the EPA released Preliminary Effluent Guidelines Program Plan 16 (Preliminary Plan 16). The EPA prepares Preliminary Effluent Guidelines Program Plans pursuant to Clean Water Act (CWA) section 304(m). A preliminary plan describes the EPA’s annual review of effluent guidelines and pretreatment standards consistent with CWA sections 301, 304, and 307.

In preliminary plans, the EPA identifies industrial categories warranting new or revised effluent standards and provides a timeline for the development of those new standards. The EPA may also “describe[] any analyses and tools the Agency is developing to further improve its Effluent Guidelines Program Plan process or effluent guidelines and pretreatment standards regulatory process.” The plan also helps the EPA implement innovations in wastewater treatment technology.

Preliminary Plan 16 describes the EPA intends to initiate detailed studies of industrial processes involved in: battery manufacturing, centralized waste treatment, oil and gas extraction, “and industrial facilities that process per- and polyfluoroalkyl substances (PFAS) into formulations for applications in commerce.” A portion of Preliminary Plan 16 also describes the EPA’s efforts to initiate a general Information Collection Request that the Agency says would help it collect data more efficiently. The data in question relates to “facility operations; wastewater generation, treatment, and management; finances; and environmental impacts for a subset of industries…”

Preliminary Plan 16 also provides updates on three industrial category studies: concentrated animal feed operations, textile mills, and publicly-owned treatment works. And, Plan 16 contains updates on EPA’s efforts to develop effluent standards for nutrient discharge in the production of meat and poultry, and PFAS discharges in the metal finishing; electroplating; organic chemicals, plastics, and synthetic fibers; and landfill industries.

Additionally, on December 19, 2024, the EPA announced a draft of its human health criteria for the levels of certain “forever chemicals” in water bodies. Human health criteria are developed under CWA Section 304(a), but are not regulations. Rather, they are national recommendations for the levels of the three chemicals, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS) and perfluorobutane sulfonic acid (PFBS) in bodies of water, specifically relating to the possible effects on human health.

The EPA recommendations are based on applicable science and incorporate “final EPA human health assessments, fish consumption rates, drinking water intake rates, national bioaccumulation factors, and relative source contributions.” The recommendations are in draft form, and are subject to a 60-day comment period. After the comment period ends on February 24, 2025, the EPA will review any feedback, revise the recommendations and develop a timeline to finalize them.