PFAS

February 22, 2024

Join SCS Engineers at the 40th Annual VWEA Industrial Waste and Pretreatment Conference, with the theme “Storytelling Through the Four P’s: People, Pollutants, Pretreatment, and Perspectives.” On March 4-5 at the Hotel Madison in Harrisonburg, VA, this conference will be an enlightening and enriching experience for professionals in the field.

The conference offers a comprehensive program, including technical sessions, workshops, and networking opportunities aimed at exploring the latest trends, innovations, and challenges in industrial waste management and pretreatment processes. As a participant, you’ll have the chance to engage with industry experts, regulatory authorities, and fellow practitioners to exchange insights, best practices, and practical solutions.

Join thousands of your peers at the forefront of industrial waste management and pretreatment practices. Whether you’re seeking to enhance your knowledge, expand your professional network, or showcase your company’s expertise, the Industrial Waste and Pretreatment Conference is the premier platform to achieve your goals and drive positive change in the industry.

Click here for schedule, registration, and other event details.

 

 

Posted by Brianna Morgan at 9:28 am

February 19, 2024

PFAS-RCRA-Landfills-SCS-Engineers
EPA proposes adding nine PFAS compounds to the list of “hazardous constituents” to be considered in RCRA facility assessments.

 

In response to its PFAS Strategic Roadmap, the Environmental Protection Agency (EPA) initiated two regulatory actions under the Resource Conservation and Recovery Act (RCRA) to tackle PFAS pollution. Once implemented, these measures will empower federal and state agencies with advanced tools for PFAS remediation.

The initial proposed regulation intends to designate specific PFAS as “hazardous constituents” within RCRA’s framework, making them subject to detailed scrutiny and cleanup actions at sites handling hazardous waste.

The second proposed rule aims to affirm that new contaminants, including certain PFAS that are not currently classified as “hazardous wastes” yet align with the definition of “hazardous waste” in RCRA section 1004(5), should be managed equivalently to traditional hazardous wastes in the context of corrective actions. Listing these PFAS as RCRA hazardous constituents does not make them, or the wastes containing them, RCRA hazardous wastes.

Appendix VIII to Part 261 – Hazardous Constituents

On February 8, 2024, the EPA proposed to add nine PFAS compounds to the list of “hazardous constituents” to be considered “in RCRA facility assessments and, where necessary, further investigation and cleanup through the RCRA corrective action process.” Appendix VIII to Part 261 – Hazardous Constituents shown at right.

If finalized, this hazardous constituent listing would form part of the basis for any future action the EPA may take to list these substances as hazardous waste.

EPA’s criteria for listing substances as hazardous constituents under RCRA require that they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms.

Entities potentially affected by the proposed rule include hazardous waste treatment, storage, and disposal facilities (TSDFs) with solid waste management units (SWMUs) that have released or could release any of the PFAS proposed to be listed as RCRA hazardous constituents. EPA has identified 1,740 such facilities, which could be subject to additional corrective action requirements. “Waste Management and Remediation Services” had the highest number of facilities (359) with a high likelihood of handling PFAS.

The primary goal of the suggested amendment is to update 40 CFR 264.101 so that it accurately mirrors the requirements for corrective action cleanups at hazardous waste Treatment, Storage, and Disposal Facilities (TSDFs) as specified by RCRA sections 3004(u) and (v). The modifications are designed to clarify that the management of hazardous waste releases, including those not categorized as hazardous under current regulations but fitting the broader definition in RCRA section 1004(5), should adhere to the established protocols for hazardous waste under the corrective action program. Focusing on Per- and Polyfluoroalkyl Substances (PFAS), this regulatory action is a crucial part of the EPA’s PFAS Strategic Roadmap.

Should this proposed regulation be adopted, it would mean that PFAS would be specifically included as hazardous constituents to be considered during facility assessments and, where necessary, further investigation and cleanup under the RCRA corrective action process at hazardous waste TSDFs.

The proposed regulation states that “solid waste disposal facilities, such as those for municipal waste or construction and demolition debris, would not be subject to RCRA corrective action requirements unless they also function as hazardous waste TSDFs.”

Subtitle D of RCRA covers non-hazardous solid waste management, including municipal solid waste landfills, which are subject to different regulations than hazardous waste facilities (regulated under Subtitle C).

Although the recent proposal by the EPA to revise RCRA does not aim at mandating corrective actions at municipal solid waste (MSW) landfills, it sets the stage for probable future amendments under Subtitle C that might classify certain PFAS-containing waste streams, currently considered non-hazardous, as hazardous waste (e.g., listed or characteristic wastes).

While it is premature to predict the impact of future hazardous waste regulations on MSW landfills, it is appropriate to begin collecting information on PFAS waste and assessing potential effects now. Landfills that have implemented special waste review programs (for example, for non-hazardous industrial wastes like wastewater treatment sludge) are advised to expand their waste characterization efforts within these programs to include requests for data on the presence and concentration of the nine PFAS constituents highlighted in the proposed RCRA rule. Additionally, landfills without such review programs are encouraged to consider establishing them.

 

Additional Resources/Legislation:

  • The proposed rule would be established under the authority of sections 3004(u) and (v) of the Solid Waste Disposal Act of 1965, as amended by subsequent enactments including the Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HWSA).
  • This proposed rulemaking is in response to the three petitions and, if finalized, will list specific PFAS as RCRA hazardous constituents subject to corrective action requirements at hazardous waste treatment, storage, and disposal facilities (TSDFs).
  • PFAS: Landfills and CERCLA
  • PFAS: Landfill Compliance
  • Technical Bulletin: EPA Proposes 9 PFAS Hazardous Constituents Under RCRA

 

About the Authors: Connect with our authors and experts at 

Jeff MarshallJeff Marshall, PE, is a Vice President of SCS Engineers, Environmental Services Practice Leader for SCS offices in the Mid-Atlantic region, and our National Expert on Emerging Contaminants and Innovative Technologies. His four decades of experience include a diversified project engineering and management background, emphasizing environmental chemistry, hazardous materials, waste, and human health risk issues. Focus areas include environmental permitting, regulatory compliance, and hazardous materials treatment and remediation. He is a licensed professional engineer in Virginia, Maryland, West Virginia, North Carolina, and South Carolina.

David PalmertonDavid L. Palmerton, Jr., PG, has more than 35 years of experience in environmental consulting in environmental liability assessment, investigation, remediation, due diligence, and construction quality control. His experience includes consulting with large commercial, industrial, and academic entities. He also has extensive experience with the energy industry, specifically oil and gas upstream operations. He has managed strategic and technical environmental consulting issues for Fortune 100 companies throughout the United States. Mr. Palmerton is a professional geologist in several states and a former Certified Hazardous Materials Manager.

 

 

 

 

Posted by Diane Samuels at 6:00 am

February 7, 2024

EPA alert

 

Proposed PFAS Hazardous Constituents Under RCRA

The Environmental Protection Agency (EPA) is proposing to amend its regulation under the Resource Conservation and Recovery Act (RCRA) by adding nine specific per-and polyfluoroalkyl substances (PFAS), their salts, and their structural isomers to its list of hazardous constituents. EPA’s criteria for listing substances as hazardous constituents under RCRA require that they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms.

Entities potentially affected by this action include hazardous waste treatment, storage, and disposal facilities (TSDFs) with solid waste management units (SWMUs) that have released or could release any of the PFAS proposed to be listed as RCRA hazardous constituents. EPA has identified 1,740 such facilities, which could be subject to additional corrective action requirements (under RCRA section 3004(u) and (v)) to address releases not already subject to corrective action under EPA’s corrective action regulations.

The nine PFAS and common uses are as follows:

  1. Perfluorooctanoic acid (PFOA; CASRN 335-67-1). PFOA is an eight-carbon molecule with seven fully fluorinated carbon atoms, and one carboxylic acid functional group used as a processing aid to produce fluoropolymers found in cleaning agents, waxes, aqueous film-forming foam (AFFF), and other products.
  2. Perfluorooctanesulfonic acid (PFOS; CASRN 1763-23-1). PFOS is a fully fluorinated eight-carbon molecule with one sulfonic acid functional group used in AFFF surface treatments of textiles to provide oil and water resistance, metal plating, and other uses and industries.
  3. Perfluorobutanesulfonic acid (PFBS; CASRN 375-73-5). PFBS is a fully fluorinated four-carbon molecule with one sulfonic acid group. It has been used as a replacement for PFOS used in manufacturing paints and cleaning agents, metal plating, AFFF, to provide oil and water resistance, and other uses and industries.
  4. Hexafluoropropylene oxide-dimer acid (HFPO-DA or GenX; CASRN 13252-13-6). HFPODA is a six-carbon molecule consisting of five fully fluorinated carbon atoms, one ether functional group, and one carboxylic acid functional group. HFPO-DA is a chemical associated with GenX processing aid technology used to make fluoropolymers without PFOA.
  5. Perfluorononanoic acid (PFNA; CASRN 375-95-1). PFNA is a nine-carbon molecule with eight fully fluorinated carbon atoms and one carboxylic acid functional group. It has been used as a processing aid to produce fluoropolymers and has been used or found in metal plating, cleaning agents, waxes, AFFF, energetic materials, and other products.
  6. Perfluorohexanesulfonic acid (PFHxS; CASRN 355-46-4). PFHxS is a fully fluorinated six-carbon molecule with one sulfonic acid functional group used in AFFF surface treatments of textiles to provide oil and water resistance, in metal plating, and in other uses and industries.
  7. Perfluorodecanoic acid (PFDA; CASRN 335-76-2). PFDA is a ten-carbon molecule with nine fully fluorinated carbon atoms and a carboxylic acid functional group. It has been used as a processing aid to produce fluoropolymers and has been used or found in metal plating solutions, cleaning agents, waxes, AFFF, and other products.
  8. Perfluorohexanoic acid (PFHxA; CASRN 307-24-4). PFHxA is a six-carbon molecule with five fully fluorinated carbon atoms and a carboxylic acid functional group. It has been used or found in metal plating solutions, cleaning agents, waxes, AFFF, and other products.
  9. Perfluorobutanoic acid (PFBA; CASRN 375-22-4). PFBA is a four-carbon molecule with three fully fluorinated carbon atoms and one carboxylic acid functional group. It has been used or found in metal plating, cleaning agents, waxes, AFFF, energetic materials, and other products.

 

EPA will collect comments on this PFAS to RCRA’s hazardous constituents proposal for 60 days once published in the Federal Register. Read a prepublication copy of this proposal.

Submit your comments on the Federal eRulemaking Portal: https://www.regulations.gov and identified by Docket ID No. EPA-HQ-OLEM-2023-0278.

 

As a result of this proposed rule, if finalized, when imposing corrective action requirements at a facility, these PFAS would be among the hazardous constituents expressly identified for consideration in RCRA facility assessments and, where necessary, further investigation and cleanup through the RCRA corrective action process at RCRA treatment, storage, and disposal facilities. Contact SCS Engineers for guidance about your facility at .

 

Additional Resources:

For additional information regarding EPA’s proposed RCRA PFAS rules, see:

 

 

 

Posted by Diane Samuels at 12:52 pm

January 11, 2024

Join SCS Engineers stormwater professionals, including our National Stormwater Expert, Jonathan Meronek,  at StormCon 2024, August 27-29 at the Grand Sierra Resort and Casino in Reno, NV.

Jonathan Meronek
Jonathan J. Meronek, QISP-ToR, ENV SP, CPESC, QSP/D, SCS Engineers National Stormwater Expert

StormCon 2024 is the stormwater industry’s premier event connecting stormwater and surface water managers, erosion control specialists, and engineers from around North America for idea-sharing, information exchange, and networking. Featuring a multi-track conference program led by top leaders in the industry, StormCon 2024 provides exceptional opportunities to learn, engage and build key contacts.  Topics this year may include:

  • Industrial Stormwater Management
  • Green Infrastructure
  • Flood Modeling & Mitigation
  • Programs, Permits and Compliance
  • Transportation & Construction Stormwater
  • BMP Monitoring
  • PFAS

The StormCon 2024 conference provides plenty of networking opportunities, certification courses, and an exhibit hall.

Click for more conference details and registration information.

 

 

Posted by Laura Dorn at 10:27 am

August 17, 2023

Meet SCS Engineers professionals at the Iowa Society of Solid Waste Operations (ISOSWO)’s Recycling & Solid Waste Management Fall Conference, October 2-4, at the Waterloo Convention Center in Waterloo, Iowa.

The conference will feature networking opportunities, a solid waste tour and a sustainability walking tour, exhibits, and auction, and educational sessions.

Click for more details and registration information

 

Posted by Laura Dorn at 3:15 pm

August 15, 2023

 

PFAS CERCLA Exemption Letter Submitted Electronically to: https://www.regulations.gov
The Honorable Michael Regan, Administrator U.S. Environmental Protection Agency

Re: Addressing Per- and Polyfluoroalkyl Substances in the Environment, Advance Notice of Potential Rulemaking (ANPRM); Docket ID No. EPA-HQ-OLEM-2022-0922

Last year, NWRA and SWANA submitted comments on EPA’s proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as CERCLA hazardous substances. They also submitted comments in May in response to this ANPRM jointly with other “passive receivers” of per- and polyfluoroalkyl substances (PFAS). Both associations reiterate and append those comments to what is contained in this letter, urging EPA to ensure that landfills and other passive receivers are afforded relief from CERCLA contribution litigation prior to designating PFAS as hazardous substances.

 

READ THE PFAS CERCLA LETTER

 

More Information:

 

 

 

Posted by Diane Samuels at 8:48 am

August 4, 2023

SCS Engineers is a Gold Sponsor of The American Bar Association’s Section of Environment, Energy and Resources (SEER) 31st Fall Conference in Washington, DC, October 11-13.
Join leading environmental, energy, and resources law professionals for knowledge-sharing, networking, and inspiration in the nation’s capital. The conference provides timely, topical updates on the latest opportunities and challenges facing the field of environmental law. 

Look for SCS Engineers’s Display Table and
talk with our Senior Vice President, Mike McLaughlin, PE, JD, about your environmental challenges

The ABA SEER 31st Fall Conference will feature informed discussion of topics including the environmental law implications of implementing the Justice40 Initiative, recent Supreme Court jurisprudence, practical tips for new and impending ESG disclosure rules, the latest in the Brownfields redevelopment space, and more.

Additional topics include the lifecycle of renewable energy and emerging issues related to the energy transition, from offshore wind to grid modernization to carbon credits. Top speakers will weigh in on PFAS and microplastics contamination of agricultural systems and waterways, how to ensure safe drinking water in our cities, and the impact of climate change on urban planning and environmental management.

Click for more details and regitration information

 

 

Posted by Laura Dorn at 11:14 am

July 18, 2023

Meet SCS Engineers Environmental Professionals at the AEHS Foundation’s 39th Annual Conference on Soils, Sediments, Water, and Energy, October 16-19, in Amherst, Massachusetts.  

This is AEHS’s “East Coast” environmental conference, and it brings together some 600-800 participants with diverse backgrounds, including representatives from state and federal agencies, environmental engineering firms, consulting companies, industry leaders, and esteemed academia — truly a gathering of the best and brightest minds in the field.

The conference delivers a robust and varied technical program with presentations on cutting-edge research, innovative approaches, and practical insights.  The conference offers participants the opportunity to be part of a vibrant community dedicated to developing creative, cost-effective assessments and solutions to meet regulatory demands, shape a sustainable future, and make a lasting impact in the environmental field.

The Association for Environmental Health and Sciences Foundation, Inc. (AEHS) is a non-profit, member-supported, professional organization, with the purpose of facilitating communication and fostering cooperation among professionals concerned with the challenge of soil, sediment, and water assessment, cleanup, and protection.

We hope to see you there!  For more conference details and registration information, click here

 

 

Posted by Laura Dorn at 11:36 am

May 15, 2023

Join SCS Engineers professionals at the IEA’s 39th Annual Environmental Training Symposium & Conference, June 1-2, at the San Diego Convention Center.

This conference includes over two dozen educational sessions on four tracks running simultaneously over two days, and features a robust Exhibit Hall, an Awards Luncheon, and a San Diego Bay Yacht Cruise. Panels topics will include air, hazardous materials, health & safety, sustainability, and water quality, with expert speakers from Southern California.

Hundreds of attendees from various professions such as environmental, health, and safety experts, NGO representatives, environmental engineers from public and private sectors, environmental consultants and attorneys, government affairs representatives, DoD, and many more are expected to attend.

Click for more details and registration information.  Hope to see you there!

 

 

Posted by Laura Dorn at 6:02 pm

April 11, 2023

SCS Engineers is hosting our 2023 Pennsylvnia Solid Waste Seminars on Tuesday, June 6 in Harrisburg, PA.

This half-day seminar is designed to provide updates on the latest regulatory, policy, and technological developments in the solid waste, landfill, landfill gas, and sustainable materials management industries.  The sessions are presented by experienced SCS professionals, and continuing education units are available.

This year, our professionals will cover these important topics:

  • Use of Geographic Information Systems (GIS) for Landfill Gas Data Analysis and OM&M, by Justin Stevenson
  • Leachate PFAS Treatment, by Sam Cooke
  • Compost Best Management Practices, by Greg McCarron
  • Emerging LFGE Financial Drivers: eRINs, Crypto, and Funding from the Fed, by Eric Peterson
  • Indicators of Heat Generation Processes that May Cause Elevated Temperature Landfills, by David George
  • Tools to Estimate GHG Emissions from Landfills, by Lisa Wilkinson
  • Pennsylvania Regulatory Update, by Josh Roth

Lunch will be provided, followed by Disc Golf.

The seminar is intended for solid waste management professionals, landfill managers, waste/recycling managers, supervisors, and operators. For attendees already possessing solid waste management and disposal experience, topics will provide a fresh perspective and cover important regulatory and technological updates. For those new to the field, topics will cover essential information on various critical aspects of waste/ recycling program collections, transfer, processing, and disposal, as well as landfill development, operations, monitoring, and management

We look forward to seeing you there!

 

Posted by Laura Dorn at 3:31 pm