Recently, EPA rescinded federal guidance addressing PFAS in National Pollutant Discharge Elimination System (NPDES) permitting. The withdrawn guidance had recommended approaches for addressing PFAS in effluents, including best management practices, monitoring, and establishing discharge limits. This rescission changes EPA stance on PFAS in NPDES permits, but does not eliminate the underlying Clean Water Act and NPDES regulatory framework.
Importantly, EPA’s decision does not eliminate the authority to address PFAS through NPDES permits or remove existing PFAS-related permit requirements. Facilities should continue to follow applicable requirements unless they are modified through the appropriate permitting process and monitor how EPA and other permitting authorities address PFAS in future permitting decisions. Moreover, some states and facilities may still be required to add PFAS to NPDES permits.
EPA Rescinds PFAS Guidance for NPDES Permitting
The NPDES program, established under the Clean Water Act (CWA), regulates point-source discharges of pollutants to Waters of the United States. NPDES permits can include technology-based effluent limits and, when necessary to meet water quality standards, more stringent water quality-based effluent limitations.
EPA’s 2026 action rescinded the December 2022 PFAS permitting memorandum and a January 2025 fact sheet addressing pollutants of emerging concern. EPA also rescinded its April 2022 PFAS guidance to its regional offices, which the December 2022 memorandum had updated. EPA’s website on the matter still retains the original content though, including the April 28, 2022, memorandum.
December 2022 PFAS NPDES Permitting Guidance
The December 5, 2022, memorandum, Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs, provided instructions on addressing PFAS discharges through permitting, pretreatment, and monitoring. Among its recommendations, the memorandum specified identifying known or suspected PFAS sources, monitoring PFAS discharges, and using existing permitting and pretreatment authorities to reduce PFAS discharges.
In explaining the rescission, EPA said that the 2022 memorandum had caused confusion for states and permittees and resulted in inconsistent application across the country. Moreover, some states had directly incorporated the Safe Drinking Water Act (SDWA) maximum contaminant levels (MCLs) into NPDES permits, which fall under the Clean Water Act (CWA). According to EPA, this (incorrectly) conflated drinking-water standards from the SDWA with separate CWA permitting requirements related to water quality standards.
April 2022 EPA PFAS Permitting Guidance
EPA also rescinded its April 28, 2022, memorandum, Addressing PFAS Discharges in EPA-Issued NPDES Permits and Expectations Where EPA is the Pretreatment Control Authority. The guidance described how EPA would address PFAS discharges in EPA-issued NPDES permits and for industrial users where EPA is the pretreatment control authority.
The December 2022 memorandum subsequently updated that guidance, and EPA’s 2026 rescission memorandum specifically states that the April 2022 guidance is also rescinded.
January 2025 Guidance for Pollutants of Emerging Concern
EPA also withdrew the January 2025 fact sheet (which is no longer available on EPA’s website), Implementing Case-by-Case Technology-Based Effluent Limitations in NPDES Permits for Pollutants of Emerging Concern. The fact sheet built on the 2022 PFAS memorandum, but expanded its scope to pollutants of emerging concern.
EPA said the fact sheet had caused confusion for states and permittees and resulted in inconsistent application. EPA also noted that it had not been published for public comment. The agency stated that guidance addressing implementation of case-by-case technology-based effluent limitations should be properly vetted through a public process.
Importantly, withdrawing the fact sheet does not eliminate the underlying NPDES framework for establishing technology-based effluent limitations. EPA’s current NPDES materials explain that, for industrial and other nonmunicipal facilities, technology-based effluent limits may be based on national effluent limitation guidelines and standards or on best professional judgment on a case-by-case basis when national guidelines and standards are absent.
What the PFAS Guidance Rescission Means for NPDES Permittees
The rescission of PFAS Guidance for NPDES permits creates the potential for changes in how PFAS is addressed in future permitting decisions, although the practical effect will depend on the applicable permitting authority and permit-specific circumstances.
Existing PFAS Permit Requirements Still Matter
Because EPA’s action rescinds guidance rather than individual NPDES permits, facilities should not assume that PFAS-related conditions in an existing permit have been removed. Permittees should continue to follow applicable permit requirements unless those requirements are modified through the appropriate permitting process.
What Facilities Should Know About PFAS NPDES Permitting
As permitting approaches continue to develop, facilities with existing or potential PFAS discharges may want to pay particular attention to:
- Current NPDES permit requirements. Existing PFAS-related permit conditions remain in place unless they are separately modified or removed.
- State permitting developments. Changes may vary depending on how individual permitting authorities used EPA’s earlier PFAS recommendations.
- Upcoming permit renewals. Facilities approaching renewal should monitor how their permitting authority evaluates PFAS-related conditions as federal guidance evolves.
- The distinction between drinking water and wastewater requirements. Understanding which regulatory framework applies will be important when evaluating PFAS-related requirements.
- Future EPA guidance. EPA has indicated it will continue reviewing Office of Water guidance and consider whether replacement guidance is necessary.
- Litigation cases. The inclusion of PFAS in NPDES permitting process may be subject to court decision, such as the recent ruling in New Hampshire.
What Happens Next for EPA PFAS Permitting Guidance?
EPA stated that the Office of Water will consider whether new guidance is appropriate or needed to replace the withdrawn guidance. For guidance addressing case-by-case technology-based effluent limitations, EPA also emphasized the importance of a public process.
For regulated facilities, the rescission changes the federal guidance available to permitting authorities and permittees, but it does not eliminate the underlying CWA and NPDES regulatory framework. Facilities with PFAS-related discharge considerations should continue to understand the requirements in their current permits and monitor federal and applicable permitting-authority developments that could affect future permit actions.
Trihydro helps industrial facilities navigate evolving PFAS regulations and wastewater discharge requirements through environmental permitting, PFAS monitoring, regulatory compliance, and technical support. Contact our team to discuss your facility’s NPDES permitting and PFAS compliance needs.
FAQs About PFAS NPDES Permitting
No. EPA rescinded guidance documents addressing PFAS and NPDES permitting, not the underlying CWA and NPDES regulatory framework. Facilities should continue to follow the applicable requirements in their individual permits. EPA’s current NPDES materials continue to describe the regulatory framework for technology-based and water quality-based effluent limitations.
Facilities should not assume that EPA’s withdrawal of guidance removes PFAS-related conditions from existing NPDES permits. The rescission is directed at guidance documents rather than individual permits.
EPA said its previous PFAS guidance had caused confusion and resulted in inconsistent and even incorrect application across the country. EPA will consider whether replacement guidance is appropriate or needed. How the rescission affects a particular facility will depend on its permit and applicable permitting authority.
No. The guidance rescission discussed here concerns NPDES permitting under the CWA and is separate from EPA’s regulatory actions involving PFAS drinking-water standards under the SDWA.
EPA has not committed to issuing replacement guidance. Instead, the agency stated that the Office of Water will consider whether new guidance is appropriate or needed to replace the withdrawn materials.
