EPA Announces Plans to Regulate PFAS under RCRA

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In a press conference on October 26, the U.S. Environmental Protection Agency (EPA) announced that it intends to partially grant a petition from New Mexico requesting the listing of per and polyfluorinated substances (PFAS) under Subpart C of the Resource Conservation and Recovery Act (RCRA). EPA announced that it plans to initiate rulemaking to add four identified PFAS chemicals as “Hazardous Constituents” under RCRA—perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorobutane sulfonic acid (PFBS), and GenX. Once categorized as RCRA Hazardous Constituents, materials are subject to corrective action requirements at hazardous waste treatment, storage, and disposal facilities. Additionally, EPA also proposed to develop a rulemaking to clarify that the RCRA Corrective Action Program has the authority to require investigation and cleanup for hazardous wastes, which would include the newly categorized PFAS Hazardous Constituents. This carries a number of practical concerns, including for those preparing to buy or sell land where waste may have been disposed.

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