Subject: Remedial Action

Updated Interim Guidance on Destruction or Disposal of Materials Containing Per-and Polyfluoroalkyl Substances in the United States

The Department of War (DoW) Per-and Polyfluoroalkyl Substances (PFAS) Task Force issues updated interim guidance to help DoW make informed decisions in the evaluation of existing destruction and disposal options for covered Do W PF AS-containing materials. This update takes into account new PF AS disposal and destruction information, including the U.S. Environmental Protection Agency (EPA) Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances, April 8, 2024 (hereinafter referred to as the EPA 2024 guidance), section 330 of the FY 2020 National Defense Authorization Act (“NDAA”) (Public Law 11692), and section 324 of the FY 2026 NDAA (Public Law 119-60).

EPA-Comparing RCRA and CERCLA

The U.S. Environmental Protection Agency (EPA) is working to ensure that contamination from the former DuPont East Chicago facility at 5215 Kennedy Avenue in East Chicago is properly addressed and that people living in the community are protected, informed and involved in the cleanup process. EPA’s authority to compel cleanup of contamination at the former DuPont facility is derived from the Resource Conservation & Recovery Act (RCRA). When RCRA and Superfund, also known as the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) are related, EPA coordinates the two cleanup programs to eliminate duplication of effort and streamline cleanup processes. EPA encourages close coordination among RCRA and Superfund cleanup programs.