EPA Publishes Interim Guidance on the Destruction/Disposal of PFAS, Seeks Comments by February 22nd

On December 18th, the U.S. Environmental Protection Agency (EPA) published its “Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances” for public comment by February 22nd. EPA was required to develop the PFAS guidance within one year per the National Defense Authorization Act (NDAA) for fiscal year 2020, signed into law on December 19, 2019. The FY2020 NDAA specifically required EPA to provide guidance for the destruction and disposal of PFAS for the following:

(1) aqueous film-forming foam;

(2) soil and biosolids;

(3) textiles, other than consumer goods, treated with perfluoroalkyl and polyfluoroalkyl substances;

(4) spent filters, membranes, resins, granular carbon, and other waste from water treatment;

(5) landfill leachate containing perfluoroalkyl and polyfluoroalkyl substances; and

(6) solid, liquid, or gas waste streams containing perfluoroalkyl and polyfluoroalkyl substances from facilities manufacturing or using perfluoroalkyl and polyfluoroalkyl substances.

The Guidance document, which is 107 pages long, contains comprehensive background information, highlighting lots of research and references. There are five sections to the Guidance, including an Introduction. Section 2 describes the PFAS-containing materials identified in the FY2020 NDAA with Section 2.c covering soils and biosolids.

Section 3 focuses on three destruction/disposal technologies, namely thermal treatment, landfilling and underground injection (for liquid PFAS wastes). The introductory chapter explains why other options are not covered. Regarding beneficial reuse of biosolids/residuals, Section 1c of the Guidance states “The land application of biosolids and other wastes (e.g., pulp and paper sludges) containing PFAS, for example, does not meet the Section 1.b.ii goal of PFAS destruction or control of PFAS migration into the environment.” According to Liz Resek, EPA Office of Water’s Biosolids Lead, “Land application of biosolids is considered beneficial use, not disposal, which is why it falls outside the scope of the interim guidance.” The draft Guidance also discusses interim storage as an option to reduce uncertainties until the best destruction/disposal method is selected and implemented.

Section 4 of the Guidance is titled “Considerations for Potentially Vulnerable Populations Living Near Likely Destruction or Disposal Sites”. Section 5 reviews ongoing and near-term EPA research and development efforts and describes future research needs as falling into three broad areas: improving characterization of multi-media PFAS-containing materials and PFAS properties, measuring/assessing the effectiveness of existing PFAS destruction methods and developing new ones, and measuring/assessing the effectiveness of existing PFAS disposal methods and developing new ones.

NEBRA Member Woodard & Curran is studying the Guidance carefully so as to best advise its clients. Julia Beni, an engineer with Woodard & Curran who has read the Guidance already, told NEBRAMail that “by EPA’s calculation, 51% of all biosolids generated at POTWs in the US in 2019 were land applied. As you know, land application represents a critical path for sustainable, environmentally responsible biosolids end uses in this country. PFAS in biosolids, in all media really, represents a significant challenge for the water industry. I hope we can work with researchers and regulators to adapt biosolids treatment and management practices where necessary to protect human and environment health while maintaining the benefits that land application of biosolids provides.”

To read and comment on the EPA PFAS destruction and disposal guidance, go to: https://beta.regulations.gov/docket/EPA-HQ-OLEM-2020-0527/document. The deadline for comments is February 22nd.