NGWA submitted comments to the U.S. Environmental Protection Agency in response to the EPA’s “Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) and Materials Containing PFAS” published on December 8, 2020.
The EPA was directed to create and publish the guidance as part of the National Defense Authorization Act for Fiscal Year 2020, which was signed into law in December 2019.
NGWA states within its comments that the EPA’s interim guidance document, while a step forward in the regulation of PFAS, should be updated to be more useful, practical, and informative.
The EPA’s interim guidance outlines the factors and data gaps that should be considered when determining whether PFAS-impacted materials require destruction and disposal. But, as NGWA notes in its comments, the EPA does not even provide a list of accepted disposal options for PFAS or methods for evaluating their effectiveness.
“Currently the interim guidance is largely a compendium of previously-published information, rather than a guidance document,” said NGWA PFAS Task Force Chairman and Principal Hydrogeologist at HRS Water Consultants Inc., David S. Lipson, Ph.D. “NGWA believes that a more practical and usable field guide for PFAS disposal and destruction is essential in ongoing efforts to fight PFAS groundwater contamination.”
NGWA is also concerned that the current guidance document does not establish what concentrations of PFAS in wastes, spent products, or other materials would necessitate destruction or disposal.
Currently, the EPA is required to publish revisions to the guidance when it finds it appropriate, but no less frequently than once every three years. NGWA argues that due to rapid developments in PFAS treatment and disposal technology and lack of definitive guidance, revisions should be made annually.
The need for annual reviews and revisions to EPA’s guidance is apparent in the current version’s estimated costs for various destruction and disposal methods. Some of the EPA’s cost estimates are from as far back as 2002 and, as a result, are widely underestimated and fail to account for more recent advancements in managing PFAS risks and liability.
“PFAS analytical methods and remediation and treatment technologies have been evolving relatively rapidly,” Lipson said. “This document will best serve the public if it contained the most up-to-date information that water districts, regulatory agencies, responsible parties, and consultants need to deal with current PFAS challenges, such as disposal of investigation-derived waste.”
Click here to read NGWA’s comments.
NGWA has long been an industry leader in providing PFAS research, education, and resources to the public and scientific communities. In 2018, NGWA published Groundwater and PFAS: State of Knowledge and Practice, which was one of the first PFAS guidance documents to be released. It can be found at NGWA.org/PFAS, which is a complete resource center about the groundwater contaminants featuring an FAQs document, a top-10 facts sheet, a homeowner checklist, and more.
As in previous years, NGWA is once again hosting an event this year on the topic — the Fate of PFAS: From Groundwater to Tap Water virtual conference will take place June 22-23.