Landfill and solid waste disposal facility operators should develop plans to manage PFOA and PFOS based on CERCLA designation of these substances.
By Sallee Murphy
On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published the final rule designating per-fluorooctanoic acid (PFOA) and per-fluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund. The rule became effective July 8, 2024. The details include:
鈥� Under the rule, entities are required to report releases of PFOA and PFOS that meet or exceed the reportable quantity of one pound within a 24-hour period to the National Response Center as well as State, Tribal, and local emergency responders.
鈥� The current reportable is the default as required by law, however, it is expected that EPA will revise the reportable quantities to more closely align with other PFAS regulations
鈥淒esignating these chemicals under our Superfund authority will allow EPA to address more contaminated sites, take earlier action, and expedite cleanups, all while ensuring polluters pay for the costs to clean up pollution threatening the health of communities,鈥� said EPA Administrator Michael S. Regan when the rule was announced
The Threat of 鈥淔orever Chemicals鈥�
PFAS is found at high concentrations in landfill leachate. This liquid is produced when precipitation finds its way onto waste piles and percolates through the soil as well as compacted trash. While PFAS may be found at parts per trillion (ppt or ng/L) concentrations in surface waters, PFAS concentrations in landfill leachate can exceed parts per billion (ppb or 渭g/L) concentrations.
Along with PFAS, leachate also contains high levels of salts, ammonia, heavy metals, and natural organic matter. Treating landfill leachate by conventional treatment techniques is expensive and merely transfers the PFAS from one medium to another. For example, when granular activated carbon is used to absorb PFAS, the carbon filters then become PFAS-contaminated waste that requires proper disposal.
The Biden Administration 鈥渦nderstands the threat that 鈥榝orever chemicals鈥� pose to the health of families across the country,鈥� Regan added, noting that is why EPA launched its PFAS Strategic Roadmap, which he called 鈥渁 whole-of-agency approach to protecting public health and addressing the harm to communities overburdened by PFAS pollution.鈥�
The Polluter Pays
In addition to the final rule, EPA issued the PFAS Enforcement Discretion Settlement Policy Under CERCLA that makes it clear that EPA will focus enforcement on entities it feels significantly contributed to the release of PFOA and PFOS chemicals into the environment. A large part of the enforcement action is centered on equitable factors and there are some clear exclusions including farmers, municipal landfills, water utilities, municipal airports, and local fire departments.
Many facilities are seeking to implement more sophisticated technology and establish additional treatment processes to reduce or even destroy PFOS and PFOA in the waste stream before it reaches the leachate treatment stage. The costs associated with new technology and processes can be high; however, it is imperative to balance the perceived 鈥渉igh鈥� cost of evaluating technologies with the true long-term risk. When thinking of long-term liability, some facilities are looking to implement individual technologies to disrupt PFAS, while others are looking into full scale PFAS management. By looking at the problem holistically, opportunities for monitoring, removal and destruction become more evident.
What Does This New Rule Mean for Operators of Disposal Facilities and Landfills?
While this designation will not impact municipal landfills in terms of cleanup costs, the designation of any substance as hazardous should impact management of that substance and be evaluated in terms of impact to the overall daily business operations. In the April 2024 update to the Interim Guidance on the Destruction and Disposal, EPA makes it clear that one of the objectives is that facilities that manage waste will adopt best practices to prevent any future releases.
The prevalence of PFAS in consumer goods including most labeled as nonstick means that at the end of life it more than likely will end up in a landfill. Once in the landfill there is a chance it could end up in the leachate. While modern landfills have leachate collection systems the question now becomes: What are the types and levels of PFAS and other harmful constituents in that liquid and where does go?
Landfills and disposal facilities are potentially facing more rigorous monitoring, more extensive reporting requirements, and stepped-up management to stay ahead of and prevent environmental releases.
What the Future Holds
While none of us can see into the future, one thing is certain: operators of solid waste disposal facilities and landfills are looking at enhanced containment and leachate management systems to prevent PFOA and PFOS releases.
Operators that anticipated a move by EPA to designate certain PFAS as hazardous substances are operationalizing PFAS management strategies and have started demonstration and pilots with PFAS management firms. But what about mitigation and destruction of PFOA and PFOS? Those who embrace the renewed focus now have a framework by which to evaluate emerging technologies as outlined in the Interim Guidance on the Destruction and Disposal.
Be Prepared
Companies receiving PFAS waste should proactively evaluate and implement effective PFAS management strategies. PFAS in landfills is inevitable. How to manage that as part of normal operations, along with all the other regulated contaminants, is the challenge. As the regulatory environment becomes clearer, it is anticipated that PFAS will be addressed not just in leachate, but also in multiple mediums. | WA
Sallee Murphy is the Vice President of Supply Chain and Contracts Management for Aclarity. She has been a Supply Chain Management and Contracts Administration professional for more than 10 years. During her career she has worked in all aspects of the supply chain from compliance to being an in-house subject matter expert on how environmental compliance can be included in buying practices. Her approach to contracting and supply chain management is to be a business partner providing guidance and risk mitigation in support of the organization鈥檚 overall goals.
Aclarity鈥檚 mission is to destroy PFAS forever and offers comprehensive PFAS management services to permanently destroy PFAS chemicals in liquid waste for industrial facilities globally. Their portfolio of cutting-edge technology enables organizations to better manage PFAS, protecting both the environment and public health. With a commitment to sustainability and innovation, Aclarity is a trusted partner for industries seeking effective and reliable PFAS solutions.
If your facility would like to learn more about PFAS management, contact Sallee Murphy for a complementary PFAS regulations compliance and technology evaluation at .
References
www.aclaritywater.com/blog/pfas-compliance/
www.epa.gov/enforcement/pfas-enforcement-discretion-and-settlement-policy-under-cercla
www.epa.gov/system/files/documents/2024-04/2024-interim-guidance-on-pfas-destruction-and-disposal.pdf