EPA released the two proposed rules under RCRA

There are two sides to RCRA, the regulation of hazardous waste that you probably know as the cradle to grave law.

Under Subtitle C of this law, EPA has the authority to control and regulate hazardous waste from the cradle to the grave, requiring tracking of hazardous waste from generation to disposal. This only applies to chemicals designated as “Hazardous Waste”.

The other aspect under RCRA is Corrective Action, where EPA can require facilities that treat, store, or dispose of hazardous waste to investigate and cleanup their contamination.

Right now, the proposed listing of these PFAS (PFOA, PFOS, PFBS, HFPO-DA, PFNA, PFHxS, PFDA, PFHxA, and PFBA) as "Hazardous Constituents" would only be subject to Corrective Action but not the cradle to grave regulation.

EPA has also proposed a rulemaking to clarify their authority to require investigation and cleanup for emerging contaminants such as PFAS, that meet the statutory definition of hazardous waste under RCRA section 1004(5).

If such a change were adopted, EPA could potentially require permitted facilities to undertake corrective action not only for releases of wastes that are listed as hazardous wastes but potentially releases of all PFAS chemicals (not just the nine listed as hazardous constituents) without going through the process of listing them as hazardous constituents and without expanding the hazardous waste listings.

Looking for more information about PFAS? Check out Taryn’s McKnight’s recent 2024 PFAS State of the Union presentation. A recording of this presentation can be found here: Registration (gotowebinar.com)

Have questions or want more information? Ask the Expert! Taryn McKnight - Eurofins USA