|
PFAS regulations coming slowly…
A common question we are asked is whether polyfluroralkyl substances (PFAS) are regulated under RCRA. Not at the federal level, but some states (e.g., California, Washinton, Minnesota) have broader toxicity characteristics which classify PFAS waste as hazardous waste.
On February 8, 2024, EPA proposed two PFAS rules under RCRA. The first proposal would list nine specific PFAS chemicals as RCRA hazardous constituents. [89 FR 8606] A hazardous constituent listing in Part 261, Appendix VIII is the first step toward designating that constituent, or a waste containing that constituent, as a hazardous waste. The second proposal would amend the definition of hazardous waste applicable to corrective action at RCRA-permitted facilities. [89 FR 8598] The rule would adopt the more broadly written RCRA Section 1004(5) statutory definition of “hazardous waste” for cleanups conducted under this program, thereby expanding the scope of corrective action to newly emerging contaminants.
EPA currently regulates PFAS under Superfund, Toxic Release Invetory (TRI) reporting, and the Safe Drinking Water Act. Future regulations under the Clean Water Act, RCRA, and other laws are expected. For more compliance morsels, visit our website.
|
