
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/
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