Under the Radar: Some Interesting Environmental Remediation News from 2024 that We Might be Hearing About More in the New Year

Over the holidays, I thought about a few environmental/regulatory items from 2024 that did
not get as much attention as an environmental professional would assume. These items
should receive additional attention in 2025.

Additional Site Characterization Requirements in Superfund Five-Year Review Reports

Through my 25+ years working for AlterEcho and over 35 years working in the Superfund
program, I have been involved in preparing or reviewing dozens of Five Year Reviews (FYRs).
These are site evaluations conducted by USEPA every five years at Superfund sites where
hazardous substances, pollutants, or contaminants remain at the site and where unlimited
use and unrestricted exposure needs to be controlled so that it does not occur. In the FYRs,
USEPA reviews the most up-to-date file materials and determines if the site remains
protective of human health and the environment, conducting the FYRs at both Agency- and
PRP-lead sites.

A critical question addressed by USEPA in FYRs is: “Are the exposure assumptions, toxicity
data, cleanup levels and RAOs used at the time of the remedy selection still valid?” In
2024, AlterEcho noted a large number of sites where USEPA is requiring additional
characterization for lead, 1,4-dioxane and PFAS to address this question, and to support
the evaluation of remedy protectiveness. Upon reviewing USEPA’s database of FYRs, I
noted an increasing trend in such additional characterization—even for FYRs in their 4th, 5th
and even 6th iterations. In my 35+ years working in the Superfund program, I have not seen
this many sites requiring additional characterization at the FYR stage. However, this makes
sense, based on USEPA’s lowered screening values for lead in its January 2024 guidance
Updated Soil Lead Guidance for CERCLA Sites and RCRA Corrective Action Facilities | US
EPA, and the promulgation of drinking water standards under the Clean Water Act and
hazardous substance designation under Superfund for certain PFAS. In addition, several
states have moved forward with standards for 1,4-dioxane.

The surprising part to me is that this additional characterization seems to have rolled out
under the radar. I’d expect this trend to continue into 2025. If you need advice on how to
evaluate USEPA’s request for additional characterization, and then to ensure that any
additional characterization for lead, 1,4-dioxane and PFAS is conducted in a cost-effective
manner that fully addresses USEPA requirements, feel free to reach out to me.

Agency Actions Related to PFAS in Biosolids

My colleague, chemistry expert Mark McDaniel, has been conducting a good amount of
work and research related to PFAS in biosolids. In a recent presentation, Mark pointed out
that in 2020, over 20,000 facilities (wastewater treatment plants -WWTPs) generated
biosolids, creating over 5.8 million tons of biosolids. A USEPA 2022 Biosolids Report
indicates that almost 60% of biosolids are used or disposed through land application, with
about 30% of this land being agricultural. This constitutes nearly 20% of agricultural land
across the U.S.

With this volume of biosolids and increasing documentation that biosolids often contain
PFAS, particularly those generate by WWTPs that manage industrial wastewaters, it is
somewhat surprising that PFAS in biosolids did not garner a lot of attention in 2024.
However, we did see an increasing number of stories coming out in both the industry and
public press over the course of 2024, so additional attention related to PFAS in biosolids
should be expected in 2025. AlterEcho is compiling information on innovative technologies
targeting PFAS in biosolids and we have provided technical support on a few litigation
cases related to PFAS at WWTPs and in biosolids

As always, if you have any questions, please don’t hesitate to reach out to me.

Rob Young
robert.young@alterecho.com
www.alterecho.com

About AlterEcho: AlterEcho helps businesses of every size Do Well AND Do Good.
Our team includes attorneys, engineers, chemists, hydrogeologists and environmental scientists with
more than three decades of experience working with federal and state environmental agencies, nonprofits, law firms, and companies ranging from start-ups to Fortune 500 firms.