What are the implications for landfills and solid waste operations after the EPA 2024 rule was challenged and upheld?
It means landfills and solid waste facilities still face clearer Federal CERCLA enforcement exposure for PFOS/PFOA, because those two PFAS compounds are formally “hazardous substances” under EPA’s 2024 rule, which the D.C. Circuit upheld.
This recent decision continues to open the door to widespread CERCLA liability for PFAS contamination. It could pave the way for additional PFAS designations, fundamentally reshaping environmental cleanup obligations across multiple industries. For landfills and solid waste operations, the practical impacts remain the same:
Releases of PFOS/PFOA may now trigger CERCLA release reporting if they meet or exceed the one-pound reportable quantity. [EPA Superfund]
Landfills, particularly pre-RCRA sites, could be pulled into Superfund investigations or CERCLA cost-recovery actions where PFOS/PFOA are found in leachate, groundwater, stormwater, gas condensate, or surrounding media. [EPA Superfund]
EPA says it generally intends to focus enforcement on PFAS manufacturers and major industrial sources, not “passive receivers” such as municipal landfills. However, that policy is not a complete liability shield. [EPA Superfund]
Expect more scrutiny of waste screening and acceptance, leachate disposal, POTW agreements, industrial sludge/biosolids, AFFF-impacted waste, and historical records.
For acquisitions, expansions, closures, and permitting, PFAS issues will likely become a more central due diligence and compliance issue. [ABA]
In plain language: this does not automatically make every landfill a cleanup target, but it raises the stakes. Although not required under CERCLA, we see some landfills taking proactive steps to document that they are passive receivers. Other actions include:
Reviewing high-PFAS waste streams
Tightening contract language, and
Evaluating whether leachate/groundwater monitoring or treatment plans need updating.
Contact an expert at SCS Engineers or your Project Manager for details of the EPA rule, and consider the ROI on automating system monitoring to increase operational efficiency and safety.
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