Client alert: What is the proposed USEPA textile mills industry PFAS information collection request and how might it affect you?

Comments are being solicited until January 29, 2024, and can be submitted at: www.regulations.gov.

USEPA is targeting approximately 2,200 textile manufacturing facilities within the US. It is anticipated to focus on facilities that perform one or more of the following operations and discharge process wastewater to surface waters or to publicly owned treatment works (POTWs):

• Wool scouring
• Wool finishing
• Yarn and unfinished fabric manufacturing
• Woven fabric finishing
• Knit fabric finishing
• Carpet finishing
• Nonwoven textile products of wool, cotton, synthetics, or blends of such fabrics

Yes, responses to the questionnaire will be mandatory.

Although the survey has not been released, respondents can expect USEPA to collect information regarding:

• The type of manufacturing activities conducted
• Whether PFAS are used in the facility processes and if so, which
• Volumes of wastewater produced and type of wastewater treatment prior to discharge, including confidential business information (CBI) relating to PFAS use

Although not clearly stated in the USEPA announcement, it appears that the questionnaire may request information about both current and historical operations. Respondents may mark any claimed confidential responses as CBI.

USEPA reports that it plans to review the responses and identify approximately 20 facilities for which sampling of wastewater for PFAS will be required. Responses may also support USEPA efforts to develop and propose new regulations if deemed appropriate.

USEPA plans to estimate current pollutant mass loads and achievable reductions for available technologies for the industry and to determine if the effluent limitations guidelines (ELGs) limiting pollutant discharges from industrial point source categories under the Clean Water Act should be revised.

1. Review the proposed actions and submit comments, if appropriate
2. Form your team to assist you in responding. Typically, this includes in-house key personnel, environmental consultants, and counsel.
3. Perform an assessment of risks and liabilities with your team
4. Form a strategic plan to address identified risks and liabilities (e.g., substitution plan, modifications to the existing process wastewater treatment system)