National Ground Water Association Submits Comments To EPA On Destruction And Disposal Of PFAS Interim Guidance

NGWA: initial document requires more guidance and updated information

The National Ground Water Association submitted comments last week to the U.S. Environmental Protection Agency in response to the EPA’s “Interim Guidance on the Destruction Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) and Materials Containing PFAS” published 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.

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., Dr. David S. Lipson. “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 material 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,” said Lipson. “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.”

NGWA, the largest trade association and professional society of groundwater professionals in the world, represents more than 10,100 groundwater professionals within the United States and internationally. NGWA represents four key sectors: scientists and engineers employed by private industry, by the consulting community, by academic institutions, and by local, state, and federal governments to assess groundwater quality, availability, and sustainability; water-well contractors responsible for developing and constructing water-well infrastructure for residential, commercial, and agricultural use; and the manufacturers responsible for manufacturing and the suppliers providing the equipment needed to make groundwater development possible.

To arrange an interview or request additional comments, please contact Ben Frech at bfrech@ngwa.org, or call (614) 898-7791, ext. 1570.

Full Comments:
https://www.ngwa.org/docs/default-source/default-document-library/pfas/ngwa-comment-on-epa-interim-pfas-response-2021-02-03.pdf