Importing and Exporting Soil
Langan Advises on PFAS-Related Soil Movement Challenges and Best Practices
Importing and exporting soil are routine components of redevelopment and remediation projects. However, the presence of PFAS—even at background concentrations—has introduced new regulatory and logistical challenges, as their presence can complicate soil movement, trigger compliance obligations, and limit disposal options.
The presence of PFAS in soils may be due to well-known point sources, like industrial discharges or firefighting foam, or lesser-known diffuse sources, such as atmospheric deposition, urban runoff, or long-range transport.
Even if PFAS levels fall below regulatory limits at a project site, imported soil may still contain concentrations above the background of the receiving site. This can lead to additional testing requirements, delayed approvals, and the need for regulatory justification and documentation. Additionally, exporting soil with PFAS concentrations above or below regulatory standards—regardless of whether they originate from background sources—may prompt regulatory scrutiny and potential liability, required source investigations and site characterization, and complex disposal logistics.
As a result, many landfills and treatment facilities are reluctant to accept materials containing PFAS. These facilities also consider potential challenges related to the persistence of PFAS and potential for groundwater contamination, costly leachate management requirements, and evolving state-level restrictions or bans on PFAS-containing waste.
The impact of PFAS on soil imports and exports cannot be overlooked, especially as PFAS regulations continue to evolve. Recommended best practices for managing PFAS in soil movement include:
— Conducting a comprehensive review to determine if PFAS is a contaminant of concern at the import site prior to importing any material.
— Conducting PFAS testing, including leachability assessments.
— Reviewing available documentation and information for any export site to support the absence of PFAS.
— Reviewing state-specific regulations and landfill acceptance criteria.
— Documenting all transport and disposal activities to confirm regulatory compliance.
— Engaging with regulators early when PFAS is detected to avoid project delays.
Langan’s PFAS practice is well-versed in the regulatory environment and helps clients navigate the challenges related to soil import and export. By implementing best practices and staying informed of state-specific and federal requirements, PFAS-related challenges can be effectively managed to responsibly move soil across redevelopment and remediation efforts and successfully complete projects in a timely manner.
Scott Bisbort is a Senior Project Manager in Langan’s Princeton office with over 25 years of experience working on investigation and remediation projects. His primary focus includes managing redevelopment projects, ISRA investigations, remedial investigations, and environmental assessments. Bisbort’s technical expertise encompasses groundwater remediation, management of contaminated soils and groundwater, development and implementation of complex sampling plans, and vapor intrusion investigations and mitigation.