Regulatory Alert: EPA Releases Interim Guidance on PFAS Disposal and Destruction
December 18, 2020
Today the U.S. Environmental Protection Agency (EPA) released interim guidance on the disposal and destruction of PFAS and PFAS-containing products, including aqueous film-forming foam (AFFF), in response to a congressional mandate included in the National Defense Authorization Act (NDAA) for fiscal year (FY) 2020. EPA's 107-page guidance document outlines the state of the science on existing technologies, including thermal treatment, landfill and underground injection technologies, that may be used to destroy or dispose of PFAS and PFAS-containing materials. However, EPA acknowledged that many uncertainties still exist regarding the efficacy of the technologies discussed in the document.
Looking ahead, EPA indicated they will accept public comment on the interim guidance for 60 days after the document is published in the Federal Register, which has not occurred yet. EPA will then consider and incorporate any feedback into a final guidance document as appropriate. EPA's press release today regarding the announcement can be found here. AAAE will work with its PFAS Working Group to compile feedback and determine whether to file responsive comments.
Background. Pursuant to the FY 2020 NDAA, Congress required EPA to publish interim guidance on the disposal and destruction of PFAS and materials containing PFAS, including AFFF, among other products. In developing the interim guidance, EPA was required to consider a number of factors, including (a) the potential for releases of PFAS during destruction or disposal, including through volatilization, air dispersion, or leachate; and (b) potentially vulnerable populations living near likely destruction or disposal sites. The agency was also required to provide guidance on the testing and monitoring of air, effluent, and soil near these types of sites as well.
Interim Guidance Highlights. The interim guidance released today provides background information on PFAS and is intended to enable a manager of PFAS-containing materials, such as AFFF, to make informed decisions when evaluating existing destruction and disposal options. Several areas of the guidance are worth highlighting:
What's Next? EPA indicated that they will publish the interim guidance in the Federal Register in the near term, triggering a 60-day comment period. EPA will then review the comments and publish a final guidance document. It is important to note that per the FY 2020 NDAA requirements, EPA must review and, if appropriate, update the document within the next three years to reflect the latest research and understanding of these technologies. AAAE will be working with its PFAS Working Group to review and develop a response to the interim guidance, if appropriate.
If you have any questions or comments regarding EPA's interim guidance, please contact Justin Barkowski at justin.barkowski@aaae.org.
Today the U.S. Environmental Protection Agency (EPA) released interim guidance on the disposal and destruction of PFAS and PFAS-containing products, including aqueous film-forming foam (AFFF), in response to a congressional mandate included in the National Defense Authorization Act (NDAA) for fiscal year (FY) 2020. EPA's 107-page guidance document outlines the state of the science on existing technologies, including thermal treatment, landfill and underground injection technologies, that may be used to destroy or dispose of PFAS and PFAS-containing materials. However, EPA acknowledged that many uncertainties still exist regarding the efficacy of the technologies discussed in the document.
Looking ahead, EPA indicated they will accept public comment on the interim guidance for 60 days after the document is published in the Federal Register, which has not occurred yet. EPA will then consider and incorporate any feedback into a final guidance document as appropriate. EPA's press release today regarding the announcement can be found here. AAAE will work with its PFAS Working Group to compile feedback and determine whether to file responsive comments.
Background. Pursuant to the FY 2020 NDAA, Congress required EPA to publish interim guidance on the disposal and destruction of PFAS and materials containing PFAS, including AFFF, among other products. In developing the interim guidance, EPA was required to consider a number of factors, including (a) the potential for releases of PFAS during destruction or disposal, including through volatilization, air dispersion, or leachate; and (b) potentially vulnerable populations living near likely destruction or disposal sites. The agency was also required to provide guidance on the testing and monitoring of air, effluent, and soil near these types of sites as well.
Interim Guidance Highlights. The interim guidance released today provides background information on PFAS and is intended to enable a manager of PFAS-containing materials, such as AFFF, to make informed decisions when evaluating existing destruction and disposal options. Several areas of the guidance are worth highlighting:
- Destruction/Disposal Technologies. EPA presents and discusses in detail three destruction and disposal technologies that may be effective and are commercially available: thermal treatment (destruction), landfilling (disposal), and underground injection (disposal). The agency characterizes the technologies in terms of what types of PFAS-containing materials can be handled, possible design and operating parameters, potentially relevant testing and monitoring methods, and costs (where available).
- Uncertainties over Technologies Remain. EPA acknowledged and emphasized that significant uncertainties remain with respect to the ability for the technologies discussed to control migration of PFAS into the environment. As a result, EPA's interim guidance contains a summary of ongoing research that is being conducted to address the gaps in the current state of knowledge regarding PFAS destruction and disposal technologies.
- Factors to Consider for Disposal/Destruction. EPA noted that managers of PFAS materials are considering many factors when evaluating whether and how to destroy or dispose of a PFAS-containing material, including (a) the ability for a technology to control the release of PFAS into the environment; (b) cost and availability of disposal or destruction options; (c) the type of waste materials; and (d) the concentration of PFAS in the waste. EPA reminded the public that interim storage of the PFAS-containing material is still one viable option that allows the material holder to wait for the uncertainties associated with existing technologies to be reduced.
What's Next? EPA indicated that they will publish the interim guidance in the Federal Register in the near term, triggering a 60-day comment period. EPA will then review the comments and publish a final guidance document. It is important to note that per the FY 2020 NDAA requirements, EPA must review and, if appropriate, update the document within the next three years to reflect the latest research and understanding of these technologies. AAAE will be working with its PFAS Working Group to review and develop a response to the interim guidance, if appropriate.
If you have any questions or comments regarding EPA's interim guidance, please contact Justin Barkowski at justin.barkowski@aaae.org.
