Water Quality Compliance in the Trump Era

With anticipated budget cuts to the U.S. Environmental Protection Agency (U.S. EPA) under the incoming Trump administration, environmental groups are emphasizing the importance of state action to regulate industrial discharges under the Clean Water Act (CWA). As federal priorities are changing, state environmental agencies are well-positioned to step in and fill perceived gaps in regulating discharge of pollutants of concern, particularly in industries like chemicals, plastics, petrochemicals, and power generation.

Challenges of Outdated Effluent Limit Guidelines (ELGs)

The term “outdated” refers to Effluent Limit Guidelines (ELGs) that have not been revised to reflect current technological advancements or emerging environmental concerns. Many ELGs were established decades ago and no longer align with the best available pollution control technologies or address newly identified pollutants, such as per- and polyfluoroalkyl substances (PFAS). For example, the ELGs for plastics and petrochemical facilities have remained largely unchanged since 1993, despite advancements in treatment technologies capable of significantly reducing discharges of toxic and non-conventional pollutants as well as more sensitive test methods capable of detecting these pollutants at much lower concentrations.

This regulatory gap leaves states without updated federal guidance, often resulting in Best Professional Judgment (BPJ)-based permit limits developed inconsistently between states and without clear federal guidance. However, in its final days, the outgoing Biden Administration U.S. EPA issued a guidance document for implementing case-by-case technology-based effluent limitations (TBELs). The guidance outlines a framework and presents resources available for permit writers to implement BPJ-based permit limits “for specific industrial categories or, where national ELGs are not applicable, on a case-by-case (also described as best professional judgement or BPJ) basis by the permit writer.” Environmental groups like the Environmental Integrity Project (EIP) have historically called for updated standards, highlighting the role of outdated ELGs in contributing to significant pollution in water bodies surrounding industrial facilities.

While BPJ is a term many responsible for permit compliance may recognize, everyone may not have full appreciation for its implications. BPJ allows states to set facility-specific discharge limits for pollutants of concern when federal standards are absent or outdated. This flexibility is especially relevant for emerging contaminants like PFAS, where federal ELGs have lagged. For instance, U.S. EPA missed its September 2024 target to propose PFAS-specific ELGs for the Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF) sector, leaving states open to take independent action.

PFAS compounds, often termed “forever chemicals” due to their persistence in the environment, remain a focal point of regulatory concern. States can regulate PFAS through BPJ-based permit limits and conditions for direct dischargers and pretreatment requirements for indirect dischargers. Publicly owned treatment works (POTWs) also have the authority to mandate monitoring and reduction of PFAS in industrial wastewater before it enters municipal sewer systems.

While states can incorporate PFAS requirements, many are waiting for federal guidance to ensure consistency and legal defensibility; it is yet to be seen if that lasts into the new administration. Even a proposed federal rule would provide clarity, empowering states to navigate the PFAS permitting in a more concerted way.

Moving Forward: State and Local Action

As federal resources and priorities shift, states and POTWs have the opportunity to take action in implementing permit limits that could outpace federal ELGs. States are also responsible for developing their own water quality standards, which can apply statewide or on a watershed- or waterbody-specific basis. What’s more, some states may opt to develop more strict water quality standards, and associated criteria, in an effort to ensure that water quality doesn’t suffer in the absence of federal regulation.

By leveraging BPJ-based permit conditions and enforcing stricter discharge standards, state agencies can fill regulatory gaps, real or perceived, to address emerging contaminants like PFAS or increase regulations for certain industrial sectors.

Broader Implications for Industrial Sectors

U.S. EPA’s recent efforts to evaluate and update ELGs for various industries—including battery manufacturing, centralized waste treatment, and oil and gas extraction—are now in question. Environmental groups are pushing for updates to decades-old standards in other sectors as well, such as plastics manufacturing, petrochemical facilities, and oil refineries. A 2023 report from the EIP asserts that outdated ELGs contribute to significant pollution in water bodies surrounding industrial facilities.

EIP and other organizations have filed lawsuits and petitions urging U.S. EPA to strengthen ELGs for sectors that discharge toxic or non-conventional pollutants. For example, they have called for new regulations on petroleum coke calcining facilities, which currently lack ELGs for both process wastewater and stormwater discharges.

The future of U.S. EPA’s ELGs for steam electric power plants is also uncertain. These regulations, which include stringent zero-discharge standards for certain wastewater streams, are being challenged in court by industry groups and some states. Environmental advocates, however, argue that the technology to meet these standards is both available and cost-effective.

How ALL4 Can Help

For industrial clients navigating these challenges, ALL4 offers comprehensive support to ensure compliance with both state and federal requirements. Our team of experts specializes in:

• Site-Specific Permitting Solutions: We craft customized strategies to meet permit requirements, whether they are BPJ, water quality-based, and/or stricter ELG requirements.
• PFAS Monitoring and Management: ALL4 helps industrial clients design and implement effective PFAS monitoring programs to meet current and emerging regulatory standards.
• Regulatory Advocacy and Support: We keep you informed of the latest regulatory changes and represent your interests in navigating evolving compliance landscapes.
• Leveraging Advanced Technologies: Our team can support identifying and integrating cutting-edge pollution control technologies, supporting cost-effective compliance for your project or facility.

If you have any questions or would like to discuss how ALL4 can help you with these efforts, please reach out to Cody Fridley at 269.716.6537 or cfridley@all4inc.com.