How your organization can navigate PFAS during these challenging times from a regulatory perspective.
By Sallee Murphy and Leanne Hersey
If you caught Part 1 of this two-part series (鈥淧FOA and PFOS Added to CERCLA Hazardous Substances List: What You Need to Know,鈥� 国产麻豆, August 2024), the article discussed the implications of the U.S. EPA鈥檚 final rule, effective July 8, 2024, designating PFOA and PFOS as hazardous substances under CERCLA (Superfund). To recap:
鈥� According to the law, landfill and solid waste disposal facility operators must now report releases of these chemicals that exceed one pound within a 24-hour period.
鈥� The designation is significant due to the high concentrations of PFAS in landfill leachate, which poses treatment challenges as
conventional methods are costly and often shift the contamination rather than eliminate it.
鈥� While municipal landfills are exempt from cleanup costs, they still face increased monitoring, reporting, and management responsibilities to prevent future releases. The article advises operators to proactively develop comprehensive PFAS management strategies, as PFAS presence in landfills is inevitable.
鈥� The evolving regulatory landscape will likely demand more robust containment and treatment systems to prevent environmental releases of these 鈥渇orever chemicals.鈥�
Now, let鈥檚 outline and discuss potential impacts of the fall of Chevron deference and the evolving PFAS regulatory landscape.
What Does the Fall of the Chevron Doctrine Mean for New Regulations?
The U.S. Supreme Court鈥檚 recent decision to overturn the 鈥淐hevron doctrine鈥� will have significant implications for federal rule making, particularly for science-based agencies such as EPA, as this will inevitability impact the waste management and recycling industries. The Chevron doctrine, established in 1984, required courts to defer to federal agencies鈥� interpretations of ambiguous statutes. However, the Supreme Court鈥檚 June 2024 ruling in Loper Bright Enterprises v. Raimondo reversed this, mandating that courts independently assess whether agencies acted within their statutory authority.
This reversal may make it easier for opponents of federal regulations to challenge them when the authorizing law is ambiguous, Congress will no longer be able to leave it up to Agency discretion to interpret Congressional intent nor will the Agency serve as the primary advisor on specialized subject matter under its scope. Although the immediate impact on daily waste and recycling operations might be limited, long-term effects could introduce more legal complexities that are critical to understand at the corporate level.
Additionally, another Supreme Court decision, Corner Post v. Board of Governors of the Federal Reserve System, changed the timeline for challenging federal rules, allowing entities to do so when they are harmed rather than when the rule is issued. This could lead to more challenges against EPA regulations, especially regarding the recent designation of certain PFAS as hazardous substances.
While some industry leaders believe these changes will not drastically affect current operations, the reversal of Chevron could influence future rulemaking, making agencies more cautious in their statutory interpretations. The decision may lead to increased legal challenges to new federal rules, particularly those related to environmental and labor regulations. In earnings call in August 2024, Clean Harbors co-CEO Eric Gerstenberg stated that the Chevron reversal (regarding PFAS cleanup) 鈥渋s not going to have any effect on the regulatory environment for us 鈥� The regulations today, those aren鈥檛 going to be changed.鈥�
Moving Forward
So how does your organization move forward? Here is what we do know: there will be increased judicial review, more lawsuits and federal rulemaking may take longer. The regulatory environment surrounding PFAS is likely to be clearer at the state level. Organizations must stay informed about these changes and be prepared to adapt quickly. Organizations will need to quickly determine their overall compliance plan regarding PFAS. Both from a holistic corporate perspective and applicable to the localities in which they operate in.
In the past, when there was uncertainty, investors have taken increasingly active roles in advocating for corporate responsibility, particularly concerning environmental, social, and governance (ESG) issues. Recent regulatory filings from several companies are directly addressing PFAS and the various ways organizations are planning to manage potential liabilities. It is likely that PFAS contamination will become a focal point for investors, much like sustainability efforts have been. Companies will need to strike a balance between meeting regulatory requirements and remaining attractive to investors. Demonstrating a strong commitment to managing PFAS risks and maintaining open communication with stakeholders can help companies maintain investor confidence.
While there is no one size fits all solution to dealing with PFAS contamination, there are several emerging technologies and clear guidance from EPA on how to evaluate them based on the organizational plan and specific needs. Organizations that lean in and proactively include PFAS in its overall environmental management plan will be well positioned to navigate the changing regulatory landscape.| 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.
Leanne Hersey serves as Vice President of Marketing at Aclarity and has more than a decade of experience bringing disruptive B2B technologies to market. Leanne has successfully built the marketing function as a revenue generation center for fast growing startups in industries such as carbon nanotube manufacturing, industrial water treatment, and residential construction.
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 destruction, regulations, or general PFAS management, get a complementary PFAS regulations compliance and technology evaluation at .