Proposed Rule from US EPA Would Treat PFAS as Hazardous Waste

The US Environmental Protection Agency is proposing to list nine PFAS as hazardous substances. Shown by studies to be linked to harmful health effects, PFAS are widely-used and persistent substances found in many commercial, consumer, and industrial products.

Listing PFAS as ‘hazardous’ more easily allows for the EPA to address PFAS contamination within the context of cleanup programs at hazardous waste sites and facilities. This would amend the Resource Conservation Recovery Act (RCRA) to include a mechanism for the cleanup of emerging contaminants, like PFAS.

Similarly proposed by EPA, specific PFAS would be listed as hazardous constituents within the RCRA regulations. This would support the consideration of PFAS in facility assessment, further investigation, and cleanup at hazardous waste treatment, storage, and disposal facilities. RCRA requires hazardous waste facilities to protect heath and the environment by investigating and remediating hazardous waste released into soil, groundwater, surface water, and air.

EPA will be publishing its proposals in the Federal Register along with details on participation in the public comment period.