PFAS Update: Significant Expansion Of PFAS Regulation Under RCRA

In a letter to the Governor of New Mexico on October 26, 2021, the Administrator of the United States Environmental Protection Agency ("EPA") announced that EPA would initiate two important rulemaking efforts to regulate PFAS substances under the RCRA framework:

• Listing Four PFAS Substances as Hazardous Constituents. PFOA, PFOS, PFBS and GenX (also known as HFPO-DA) are proposed to be listed as "hazardous constituents" under RCRA.  As such, EPA will evaluate existing data for these chemicals and will establish a record supporting this designation.  The recently published human health and toxicity assessments for GenX will probably be used in this analysis.
• Clarify Correction Action Program Regulations. Under RCRA, EPA has the authority to investigate, clean-up, and remediate hazardous wastes through the RCRA Corrective Action Program.  Under the proposed rulemaking, EPA will be revising the Corrective Action Program regulations to clarify that EPA has the