The task of navigating the detailed and frequently updated industrial water and wastewater discharge regulations is a major challenge for many companies. With strict federal laws, state-specific regulations, and additional industry- and site-specific requirements, companies must remain vigilant to stay compliant. To shed light on this complexity, we spoke with Peter Rundell, Business Development Manager and Environmental Assessment Expert at Microbac Laboratories. Peter holds a Bachelor of Science in Environmental Studies from the State University of New York College of Environmental Science and Forestry and has extensive experience working directly with clients across the industrial water and wastewater industry. In this Q&A, he shares his insights on how companies can effectively navigate discharge regulations, keep up with changing standards, and ensure their operations meet all necessary compliance requirements.

Q: What are the most common challenges industry faces when it comes to complying with wastewater regulations?

A: Wastewater discharge regulations are extremely complex. There are several federal laws, state regulations, and additional industry and site-specific regulations that must be considered, so proper planning to comply with these regulations is essential.

The U.S. Environmental Protection Agency (EPA) issues regulations for all wastewater discharged to surface waters and municipal wastewater treatment plants through the National Pollutant Discharge Elimination System (NPDES) program, which is part of the federal Clean Water Act (CWA). Its regulations are based on the various industry categories and the performance of treatment and control technologies. Note that most states apply to EPA to operate their own NPDES programs and are responsible for many permitting, administrative, and enforcement activities. In addition, some federally recognized tribes are approved for state treatment (TAS) and have also applied to operate their own programs. The states of Idaho, New Hampshire, Massachusetts, New Mexico, the District of Columbia, and most U.S. territories leave this to the sole responsibility of EPA. The Safe Drinking Water Act (SDWA) is another EPA law that regulates all water potentially intended for drinking and must also be considered in many cases. Both the CWA and the SDWA specify the sampling and analytical methods to be used, and in some cases there is an overlap in responsibilities that must be considered.

To add to the complexity, the CWA contains numerous regulations that must also be considered in some industries and locations. For example, the CWA requires industrial customers to report any substances discharged to public treatment facilities that, if disposed of otherwise, would be considered hazardous waste under the Resource Conservation and Recovery Act (RCRA). When dealing with current toxics, the Toxic Substances Control Act (TSCA) must also be considered, while the complementary Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, focuses on the remediation of closed hazardous waste sites that contain toxic substances from past activities.

Because of these diverse industry and site-specific regulations, testing requirements, including the types of tests to be performed, their sampling methods, frequency and timing, vary by site and industry. Therefore, thorough planning is critical. The necessary permits must be thoroughly researched to comply with the regulations, the required sampling methods must be determined and a plan must be created to meet these requirements. There is no one size fits all answer.

It is important to contact an accredited laboratory that can help you determine the best course of action to ensure testing methods comply with industry and federal regulations. For example, Microbac Laboratories can assist with all NPDES, RCRA, TSCA, and CERCLA reporting requirements and is accredited by numerous agencies including DoD QSM, NELAC, ISO, and several states.

Q: How can companies stay up to date with changing regulations and how often should they review their compliance strategies?

A: Companies should meet with their accredited laboratory, who will help them obtain all the permits and documentation required for their circumstances in order to develop a plan that complies with their regulatory bodies’ regulations. The laboratory should already be familiar with all reporting requirements and be able to quickly facilitate this process. They will discuss the required permits, outline the type and frequency of sampling and analysis that would need to be performed, and help create a unique Site Analytical Project Plan (SAPP).

When a new regulation is introduced that affects a company’s compliance, or before the permit expires, the company should review its compliance strategies to ensure they are up to date. In addition, if a company makes changes to its system, such as the method of wastewater treatment, the capacity of the system, or the composition of the wastewater, a major permit change is also required and compliance strategies must be reviewed.

Due to the complexity and frequent changes in regulations, consulting an accredited laboratory that is up to date on the latest federal and state requirements allows for a quick and efficient revision of a company’s SAPP.

Q: What is a SAPP and why is it the best method for a surveillance plan?

A: A SAPP is a document that describes the details needed to run a successful monitoring program. The SAPP is the best method for a monitoring program because it is unique to each site, contains all the necessary requirements, and meets the specific needs of that site. The SAPP can be very simple or much more detailed, depending on the needs of the business and compliance.

If there are very few regulatory compliance requirements, the easiest way to do this is to create a simple plan in the form of a service proposal that lists the individual testing services.

However, depending on the company’s regulatory requirements, the SAPP may include any or all of the following: a review of all required industry and state-specific permits, on-site sampling equipment and procedures, frequency of sampling, which sample analysis methods will be used as specified by the CWA or SDWA, a review of the maximum contaminant levels specified in the permit compared to the limitations of the laboratory testing methods, SOPs and chain of custody documentation, any required state and federal laboratory certifications, turnaround times and reporting deadlines, and the costs associated with each of the testing and sampling procedures. Other site-specific requirements may also be detailed.

Q: Can you explain the difference between federal and state wastewater regulations? How can companies deal with the overlap in responsibilities?

A: The federal government is responsible for setting the standards for wastewater regulation under the CWA, the NPDES permit program, and the SDWA. However, most states and certain federally recognized tribes have petitioned EPA to operate their own NPDES programs. In these cases, EPA simply oversees the program and ensures that its minimum standards are met, while the states or tribes are the parties implementing the program and are responsible for issuing permits to the companies. In many cases, states also set their own, state-specific water quality standards that are specific to their circumstances and go beyond EPA’s minimum standards.

However, companies operating in the states of Idaho, New Hampshire, Massachusetts, New Mexico, the District of Columbia, most U.S. territories, and many Native American lands must contact EPA directly, as the EPA is responsible for issuing permits under the NPDES program in those areas. In those areas, EPA-issued standards apply, which do not contain additional state-specific regulations.

The industry- and site-specific regulations covered by the CWA, including RCRA, TSCA, and CERCLA, will also be administered by the states or tribal governments that have requested administration of their own CWA. Again, the U.S. Environmental Protection Agency (EPA) will be responsible for these programs in Idaho, New Hampshire, Massachusetts, New Mexico, the District of Columbia, most U.S. territories, and many Native American lands.

An additional complexity is that in some cases there is an overlap of jurisdiction where the SDWA applies primarily to reclaimed drinking water but also regulates waters that supply that drinking water, including rivers, springs, reservoirs, lakes and groundwater. These waters are also under the jurisdiction of the CWA and in these cases both regulators of those laws must be consulted.

Due to the complexity of the standards, state-specific requirements, and overlap in jurisdictions, companies are strongly encouraged to consult with laboratories that are well-versed in the specific requirements to ensure their testing program is compliant.

Q: Instead: How have regulations for industrial wastewater evolved in recent years and what trends do you foresee?

A: Industrial wastewater regulations continue to evolve over time as more information on water safety and contaminants becomes available, but this has been especially true in recent years.

For example, there is a clear trend toward increasing state-level legislation on water safety and wastewater discharge, with new standards being set each year that often far exceed the minimums set by federal programs. Particularly notable in recent years have been areas related to lead sampling (under the Lead Copper Rule, or LCR) and the recent introduction of regulations to limit PFAS (per- and polyfluoroalkyl substances) contamination. Change tends to come more slowly at the federal level, but in April 2024, the EPA also finalized its own new federal minimum requirements for six PFAS contaminants.

Future trends are likely to bring further changes. As technology becomes smarter, more data is analyzed, recorded and fed into increasingly complex modeling software, and the industry uses more accurate AI to leverage machine learning, it is likely that changes in regulations and testing requirements will continue to accelerate. Only time will tell what these changes will bring, so staying up to date with these changes and working with an accredited laboratory whose experts will stay up to date with these changes as they occur is critical to regulatory compliance.