EPA Issues Interim PFAS Guidance

On December 18, 2020, EPA issued interim guidance (available here and here) designed to protect the public from exposure to emerging chemicals of concern.  More particularly, that interim guidance outlines the current state of science on techniques and treatments that can be employed to destroy and dispose of certain PFAS and PFAS-containing materials, including aqueous film-forming foam for firefighting.  Pursuant to the National Defense Authorization Act for Fiscal Year 2020 (FY20 NDAA), the interim guidance assembles and consolidates information in a single document that generally describes thermal treatment, landfill and underground injection technologies that may be effective in the destruction or disposal of PFAS and PFAS-containing materials, as well as considerations for potentially vulnerable populations.  However, the interim guidance is not intended to address destruction and disposal of PFAS-containing consumer products, such as non-stick cookware and water-resistant clothing.

On December 22, 2020, EPA published noticed in the Federal Register requesting public comment on the interim guidance until Feb. 22, 2021.