Regulatory Alert: AAAE Responds to EPA's Interim Guidance on PFAS Disposal and Destruction
February 22, 2021
Today AAAE submitted comments in response to the U.S. Environmental Protection Agency (EPA)'s interim guidance on the disposal and destruction of PFAS and PFAS-containing products, including aqueous film-forming foam (AFFF), which the agency released in late December 2020. In its submission, AAAE strongly urged EPA to provide more definitive and practical guidance for airports and other entities that need reasonable PFAS and AFFF disposal options. AAAE communicated feedback from airport members that EPA's interim guidance is not a useful resource for navigating this critical issue and making informed decisions. As a result, while appreciative of the uncertainties associated with existing disposal technologies, AAAE recommended that EPA provide industry with reasonable disposal options based on the best information available instead of suggesting indefinite storage of the material. 
Interim Guidance Background. As provided in our December 18 Regulatory Alert, EPA's 107-page interim 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. The document contains a significant amount of information about ongoing research that is being conducted to address the gaps in the current state of knowledge regarding PFAS destruction and disposal technologies. 
The interim guidance was intended to enable a manager of PFAS-containing materials to make informed decisions about disposal options. However, the document highlighted interim storage as a viable option that allows the holder to wait for the uncertainties associated with existing technologies to be reduced. In addition, based on feedback from airport members, the interim guidance has not been helpful in providing airports with reasonable options for managing this issue. Thus, AAAE is recommending that EPA update the guidance as soon as practicable to provide more definitive and practical guidance for airports in this area.
EPA Announcements on Addressing PFAS in Drinking Water. Separately, today EPA announced that it was moving forward with two PFAS-related actions. First, EPA is making final determinations to regulate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) under the Safe Drinking Water Act (SDWA). This determination will initiate the process to propose and promulgate a national primary drinking water regulation for both PFOA and PFOS. Second, EPA is proposing to collect new data on 29 PFAS in drinking water in the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5). EPA indicated that this is necessary to improve the agency's understanding of the extent that these substances may be found in drinking water systems across the country. 
Both actions announced today were originally proposed in mid-January before the prior administration left office. After President Biden issued a regulatory freeze and new leadership in EPA had an opportunity to review these proposals, they moved forward with re-issuing them.
AAAE PFAS Workshop. AAAE will be hosting a workshop on this topic where airport and industry professionals will be discussing the PFAS regulatory and policy landscape, storage and disposal issues, environmental mitigation and containment measures, funding options and cost management, among other issues. The virtual event will be held on April 7-8. 
If you have feedback or questions or are interested in attending the workshop, please contact Justin Barkowski at justin.barkowski@aaae.org. 
Today AAAE submitted comments in response to the U.S. Environmental Protection Agency (EPA)'s interim guidance on the disposal and destruction of PFAS and PFAS-containing products, including aqueous film-forming foam (AFFF), which the agency released in late December 2020. In its submission, AAAE strongly urged EPA to provide more definitive and practical guidance for airports and other entities that need reasonable PFAS and AFFF disposal options. AAAE communicated feedback from airport members that EPA's interim guidance is not a useful resource for navigating this critical issue and making informed decisions. As a result, while appreciative of the uncertainties associated with existing disposal technologies, AAAE recommended that EPA provide industry with reasonable disposal options based on the best information available instead of suggesting indefinite storage of the material. 
Interim Guidance Background. As provided in our December 18 Regulatory Alert, EPA's 107-page interim 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. The document contains a significant amount of information about ongoing research that is being conducted to address the gaps in the current state of knowledge regarding PFAS destruction and disposal technologies. 
The interim guidance was intended to enable a manager of PFAS-containing materials to make informed decisions about disposal options. However, the document highlighted interim storage as a viable option that allows the holder to wait for the uncertainties associated with existing technologies to be reduced. In addition, based on feedback from airport members, the interim guidance has not been helpful in providing airports with reasonable options for managing this issue. Thus, AAAE is recommending that EPA update the guidance as soon as practicable to provide more definitive and practical guidance for airports in this area.
EPA Announcements on Addressing PFAS in Drinking Water. Separately, today EPA announced that it was moving forward with two PFAS-related actions. First, EPA is making final determinations to regulate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) under the Safe Drinking Water Act (SDWA). This determination will initiate the process to propose and promulgate a national primary drinking water regulation for both PFOA and PFOS. Second, EPA is proposing to collect new data on 29 PFAS in drinking water in the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5). EPA indicated that this is necessary to improve the agency's understanding of the extent that these substances may be found in drinking water systems across the country. 
Both actions announced today were originally proposed in mid-January before the prior administration left office. After President Biden issued a regulatory freeze and new leadership in EPA had an opportunity to review these proposals, they moved forward with re-issuing them.
AAAE PFAS Workshop. AAAE will be hosting a workshop on this topic where airport and industry professionals will be discussing the PFAS regulatory and policy landscape, storage and disposal issues, environmental mitigation and containment measures, funding options and cost management, among other issues. The virtual event will be held on April 7-8. 
If you have feedback or questions or are interested in attending the workshop, please contact Justin Barkowski at justin.barkowski@aaae.org. 
 
 
