
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: April 23, 2024
Partner
201-896-7115 dmckillop@sh-law.comThe Environmental Protection Agency (EPA) continues to advance its regulatory agenda for per- and polyfluoroalkyl substances, better known as PFAS. On April 9, 2024, the agency published an updated “Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances.”
According to the EPA, the updated guidance reflects the “latest, best available science to provide information that managers of PFAS wastes can use to evaluate the most appropriate destruction, disposal, or storage method among those currently available.” Notably, the interim guidance does not establish specific legal requirements for handling PFAS materials. Rather, it is intended to help decision-makers who need to identify the most effective means for destroying or disposing of PFAS-containing materials and wastes.
The EPA’s updated guidance is part of the agency’s PFAS Strategic Roadmap, which includes numerous initiatives addressing PFAS contamination. As discussed in greater detail here, the EPA recently finalized its landmark National Primary Drinking Water Regulation (NPDWR), which establishes national drinking water standards for six PFAS.
In 2020, the EPA published the first edition of its guidance on the destruction and disposal of PFAS as required by the National Defense Authorization Act for Fiscal Year 2020 (FY20 NDAA). The FY20 NDAA directed the EPA to address the destruction and disposal of PFAS and specific PFAS-containing materials, including aqueous film-forming foam, contaminated media, textiles (other than consumer goods), and various wastes from water treatment. The NDAA also requires the EPA to review and update the guidance as appropriate, but no less frequently than every three years.
In its 2024 Interim Guidance, the EPA recommends that managers of PFAS wastes consider the nature of the waste, location, potential for environmental release, and other factors to determine the most appropriate destruction, disposal, or storage method. As a general approach, EPA recommends that decision-makers prioritize the use of destruction and disposal technologies that have a lower potential for PFAS release to the environment.
As set forth in the guidance,the EPA has determined that the following technologies have a lower potential for environmental release of PFAS compared to other technologies in the same category and are viewed as the more protective technologies:
The EPA has also established a technology evaluation framework to assist PFAS material managers with evaluating whether an emerging destruction (or disposal) technology is suitable for a particular PFAS-containing material. Additionally, the new guidance identifies key data gaps and uncertainties that ongoing research is working to address to achieve efficient destruction of PFAS and minimization of environmental PFAS release and calls for increased research in these areas.
The EPA will accept comments on the interim guidance for 180 days following publication in the Federal Register. Comments can be submitted to the public docket at Regulations.gov, Docket ID: EPA-HQ-OLEM-2020-0527.
Entities involved in the destruction or disposal of PFAS-containing materials and wastes should review the EPA’s updated guidance and consult with experienced counsel regarding any PFAS compliance concerns.
https://yubanet.com/enviro/epa-releases-updated-interim-guidance-on-destroying-and-disposing-of-certain-pfas-and-pfas-containing-materials/https://www.repairerdrivennews.com/2024/04/10/epa-releases-interim-guidance-on-pfas-handling-public-comment-open/
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!