EPA Proposes New Set Of Rules To Regulate PFAS Under RCRA

On February 8, 2024, the Environmental Protection Agency ("EPA") proposed two regulations that would add nine per- and polyfluoroalkyl substances ("PFAS") to the list of Resource Conservation and Recovery Act ("RCRA") "hazardous constituents" and broaden the definition of "hazardous waste" applicable to corrective action at waste facilities, which taken together, would significantly enhance EPA's authority to regulate PFAS.

Together the proposed rules would codify EPA's authority to prescribe corrective action for releases of these PFAS at corrective action sites and potentially open the door to eventually identifying solid waste containing designated PFAS as hazardous waste. These proposals are a direct response to the New Mexico governor's June 2021 petition requesting regulation of PFAS under RCRA. EPA foreshadowed its intent to propose these rules in its response to the petition in October 2021.