PFAS destruction and disposal solutions may raise liability and long-term cost concerns

PFAS treatment, destruction and disposal solutions are constantly evolving. Waste generators and operators may benefit from fully understanding the potential liabilities on PFAS destruction to ensure holistic approach and business continuity planning.

The EPA’s interim guidance on PFAS destruction and disposal serves primarily as an overview of PFAS waste streams, three potential treatment technologies, vulnerability considerations for communities with destruction and disposal sites present, and the need for more research into disposal and destruction methods.

Thermal treatment, landfills, and underground injection wells were identified as three solutions commercially available to potentially “destroy PFAS or manage the migration of PFAS in PFAS-containing materials.”  While these technologies are emerging as potential solutions, data gaps and uncertainties remain with respect to true destruction and mitigation of PFAS.

The interim guidance does not discuss the potential PFAS liability concerns waste generators and operators ought to consider, especially if and or when the EPA classifies PFAS as a regulated waste.  While the three disposal methods identified are the best current available options, they present inherent risks to be considered:

• Regulatory designation of PFAS could have major cost implications associated with the management and disposal of PFAS waste if it becomes a regulated waste (either State or Federal)
• Limited number of disposal facilities willing and able to accept PFAS if regulated and some will have concerns due to capacity and long-term liabilities
• Potential long-term liability (i.e. CERLA, post closure care) concerns associated with PFAS waste disposal as generators may be pulled into remedial cleanup scenarios for landfill leachate, air dispersion, and groundwater contamination
• Increase in cost of disposal as operators will need to put post-treatment practices in place, thus driving up disposal costs and limiting the amount of PFAS waste accepted
• Increase in Waste Characterization costs per waste stream as disposal companies and the EPA may require analytical data to confirm the presence or absence of PFAS in the waste stream prior to waste acceptance.
• Laboratory capacity, testing capabilities and turnaround time

Although not discussed as one of the three potential treatment technologies, in some cases, interim or extended storage may be necessary while the uncertainties of PFAS destruction and disposal technologies continue to be developed and evaluated.

It is critical to factor these considerations into a company’s corporate PFAS Waste Disposal Policy as they may have significant cost implications associated with compliance, transportation and disposal costs, and long-term liability for waste generators and operators once PFAS become a regulated set of chemicals.

PFAS destruction and disposal solutions are constantly evolving. Finding and selecting the right specialists and partners in PFAS science and guidance methods are essential to success. When choosing a PFAS specialist consider their understanding of current and potential regulations around PFAS and implications related to selecting technical solutions. Given the complex nature of PFAS, it is important to select a partner that provides a holistic approach from treatment process understanding to stakeholder engagement to risk management to provide practical, regulatory compliant and economic management of facilities.

Our experienced global water and environment teams provide comprehensive, practical, risk-based solutions to our clients including site investigations and development of conceptual site models, risk assessments, and innovative control and remedial technologies. We track the fast changing regulatory and technical aspects of PFAS at both the state and federal levels, and we’re committed to sharing all the latest insights.