Federal Regulatory Developments Affecting Wastewater

Several recent federal regulatory developments are important to the water and wastewater industry. The areas that warrant the most attention are PFAS, biosolids, NPDES and industrial discharges, industrial pretreatment, and drinking-water requirements for lead and PFAS.

PFAS Ruling Reinforces the Need for Proactive Risk Management

A recent federal appeals court ruling upheld EPA’s designation of PFOA and PFOS as hazardous substances under the federal Superfund program, reinforcing potential cleanup liability for companies connected to PFAS contamination. For industrial water users, this makes understanding PFAS sources and pathways increasingly important—not only from a compliance perspective, but also for managing long-term environmental and financial risk. Facilities that have historically used, handled, discharged, or received PFAS-containing materials may benefit from evaluating their exposure, monitoring water and wastewater streams, and considering source-reduction or treatment strategies. U.S. Water can help clients assess PFAS risks within their water systems and identify practical steps to prepare for an evolving regulatory landscape.

Source: https://www.reuters.com/legal/litigation/court-upholds-us-rule-designating-pfas-chemicals-hazardous-2026-08-18/

PFAS and Drinking Water

For municipal drinking water systems, EPA is maintaining the federal drinking water standards for PFOA and PFOS while proposing changes to their implementation. Under EPA’s May 2026 proposal, eligible public water systems could apply for an extension of the PFOA and PFOS compliance deadline from 2029 to 2031. The extension would not be automatic; systems would need to meet EPA eligibility criteria and affirmatively seek the additional time.

EPA has also proposed rescinding federal requirements for PFHxS, PFNA, GenX/HFPO-DA, and the PFAS Hazard Index mixture. These proposed changes are important for water utilities because they could affect future monitoring, treatment requirements, capital planning, and compliance strategies.

Source: https://www.epa.gov/newsreleases/epa-advances-comprehensive-pfas-strategy-legally-defensible-practical-scientifically

PFAS and Wastewater

For wastewater facilities, EPA continues to develop approaches addressing PFAS through Effluent Limitation Guidelines (ELGs) and industrial pretreatment requirements. One of the most important considerations for wastewater treatment plant operations is that conventional biological treatment does not destroy PFAS. PFAS entering a wastewater treatment plant can pass through the treatment process and ultimately be discharged in the effluent or transferred to the biosolids.

Potential sources of PFAS include landfill leachate, food and beverage facilities, semiconductor manufacturing, pharmaceutical manufacturing, and other industrial sources. This makes industrial pretreatment and source control increasingly important. Controlling PFAS at the industrial source can be considerably more effective than attempting to manage PFAS after it has entered the municipal wastewater treatment system. EPA has identified pretreatment and monitoring as important tools for reducing PFAS entering wastewater treatment plants.

Wastewater utilities and industrial dischargers should be prepared for additional monitoring, sampling, and data-collection requirements as EPA continues to develop its PFAS regulatory framework. Facilities should also recognize that federal requirements represent a baseline. State and local requirements may be more stringent, and wastewater facilities should evaluate both federal and applicable state requirements when developing compliance and treatment strategies.

The regulatory direction is making PFAS source identification, industrial pretreatment, monitoring, and biosolids management, increasingly important components of wastewater management. Facilities that identify and control PFAS sources before they reach the treatment plant will generally be in a better position to manage future regulatory requirements than facilities that wait until PFAS is present in their effluent or biosolids.

Sources:

https://www.epa.gov/dwreginfo/pfas-rule-implementation

https://www.epa.gov/npdes/industrial-wastewater

https://www.epa.gov/biosolids/and-polyfluoroalkyl-substances-pfas-sewage-sludge

https://www.epa.gov/system/files/documents/2021-09/multi-industry-pfas-study_preliminary-2021-report_508_2021.09.08.pdf

Contact U.S. Water For Guidance

As the regulatory landscape continues to develop, early evaluation and planning will be key to staying ahead of requirements and maintaining system performance. U.S. Water is actively tracking these developments and can help you assess potential impacts, evaluate treatment options, and prepare for what’s ahead. Contact U.S. Water today to start the conversation.