New Steps to Protect Communities from PFAS Announced by the U.S. Environmental Protection Agency

On February 1, 2024, the U.S. Environmental Protection Agency (EPA) announced its initiatives aimed at protecting communities and the environment from the health risks associated with some per- and polyfluoroalkyl substances (PFAS). These chemicals, known for their widespread use and persistence, pose health concerns as they degrade slowly over time and have been used in various consumer, commercial, and industrial products.

To comprehensively address PFAS pollution, EPA is proposing two regulatory updates.

1. EPA is proposing to modify the definition of hazardous waste for cleanups at permitted hazardous waste facilities. This modification aims to ensure that EPA's regulations accurately reflect its authority under the Resource Conservation and Recovery Act (RCRA), to mandate cleanup of chemicals including emerging chemicals of concern, such as PFAS.

2. EPA is proposing to amend its RCRA regulations to designate multiple PFAS compounds as hazardous constituents. These additions would prompt the inclusion of PFAS in facility assessments and, where necessary, further investigation and cleanup through the corrective action process at hazardous waste treatment, storage, and disposal facilities.

These proposed rules are designed to strengthen protections for communities and drinking water supplies near the 1,740 permitted hazardous waste facilities nationwide. Under RCRA's corrective action provisions, hazardous waste facilities must investigate and clean up hazardous releases to soil, groundwater, surface water, and air to protect human health and the environment.

EPA plans to publish these proposals in the Federal Register in the coming weeks. The proposed rule entitled "Definition of Hazardous Waste Applicable to Corrective Action from Solid Waste Management Units" will be open for public comment for 30 days, while the proposed rule entitled "Listing of Specific PFAS as Hazardous Constituents" will be open for public comment for 60 days. Upon publication, EPA encourages public comment on each proposal.