There are several CWA authorities that can be used to address PFAS in surface water, including authroizing EPA and states to limit or prohibit discharges of PFAS in the National Pollutant Discharge Elimination System (NPDES) permits they issue, or requiring EPA to establish technolgy-based Effluent Limitation Guidelines for industrial dischargers.
Safe Drinking Water Act (SDWA)
Under the SDWA, EPA has the authority to set enforceable National Primary Drinking Water Regulations for contaminants and require monitoring of public water systems.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
In August 2022, EPA proposed to designate PFOA and PFOS as CERCLA Hazardous Substances.
Resource Conservation and Recovery Act (RCRA)
EPA intends to list certain PFAS as hazardous constituents under RCRA.
This press statement outlines EPA’s intentions to designate PFOA and PFOS as RCRA Hazardous Constituents, in response to a petition from the New Mexico Governor.
Toxic Substances Control Act (TSCA)
TSCA is the authority EPA uses to manage risks for chemicals, including PFAS.
Clean Air Act (CAA)
The CAA requires EPA to regulate toxic air pollutants like PFAS.
National Defense Authorization Act
The annual NDAA has in recent years included a number of PFAS provisions for which DOD must respond to and issue remediation guidance for.
Bipartisan Infrastructure Law / Infrastructure Investment and Jobs Act
Allocated $10 billion to address PFAS and other emerging contaminants, with the following fund distribution:
$5 billion to address emerging contaminants for small and disadvantaged communities, distributed to improve drinking water quality under the Safe Drinking Water Act.
$1 billion for wastewater and stormwater infrastructure projects under the Clean Water State Revolving Funds (SRFs).
$4 billion for community water systems to upgrade drinking water treatment, distribution, and replacement of contaminated sources under the Drinking Water SRFs.
Funding will be awarded as a grant, a loan with the entire principal forgiven, or combination of the two, and every state and territory will receive ffunding. No matching or cost sharing from the state. tracking available on EPA’s site: https://www.epa.gov/infrastructure