The Leachate Loophole: A Closer Look at Testing and Regulation Gaps
As more municipalities respond to the concerns raised in the Leachate Loophole report, there’s growing interest to test effluent from sewage plants. To better understand how to approach this testing, we looked at two key guidelines in New York State: the EPA Method 1633A and the NYS State Pollutant Discharge Elimination System (SPDES) permit Strategy.
Our team began by asking two key questions:
- What is EPA Method 1633 (Analysis of PFAS in Aqueous, Solid, Biosolids, and Tissue Samples) designed to achieve?
- What is the purpose of the NYS DEC’s strategy for implementing guidance values for PFOA, PFOS, and 1,4-Dioxane at publicly owned treatment works (POTWs)?
In our opinion, the DEC’s strategy falls short in addressing the urgency of the issue. The current approach relies too heavily on monitoring and non-binding measures, such as SPDES permit Action Levels. While the strategy suggests that sewer plants may eventually need to create “Pollutant Minimization Programs” to reduce the concentrations of harmful chemicals, we believe similar actions could—and should—be taken right now under the Industrial Pretreatment Program.
The Growing Threat of Emerging Contaminants
Landfill leachate is a major concern because it can contain thousands of chemicals, many of which are “emerging contaminants”—substances that are suspected of causing harm but haven’t been regulated yet. These chemicals are commonly found in everyday products and have been for decades. They enter the environment through landfill leachate and will continue to do so for the foreseeable future.
While some emerging contaminants are already known to be risky, they’re not regulated yet because our current regulatory systems are slow to react. These systems require a lot of data on exposure pathways, health risks, safe concentration levels, testing methods, and treatment options—data that is often incomplete. Adding to the challenge, many of these chemicals are harmful at very low concentrations and in combination with others, making them difficult to manage using traditional regulatory frameworks.
Why Compliance Alone Won’t Solve the Problem
As New York works to roll out new regulations for chemicals like PFOA, PFOS, and 1,4-Dioxane, it’s essential to test for their presence in wastewater and understand how these regulations will impact local communities. However, we believe that simply meeting compliance standards isn’t enough. The Leachate Loophole report points out how the current regulatory system fails to adequately protect drinking water and public health. While New York’s new rules for certain chemicals are a step in the right direction, they don’t address the full scope of the problem.
The reality is, landfill leachate can contain many unknown contaminants, and the lack of research on these substances makes it impossible to create a testing system that guarantees the safety of water, aquatic life, or public health. A new approach is needed, one that aligns with the risks we already know. Until then, leachate should be kept onsite at landfills to prevent further contamination.