EPA Proposes to List 9 PFAS as Hazardous under RCRA

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register proposing to add nine specific per-and polyfluoroalkyl substances (PFAS), their salts, and their structural isomers, to its list of hazardous constituents under Resource Conservation and Recovery Act (RCRA).

These nine PFAS are:

  • perfluorooctanoic acid (PFOA),
  • perfluorooctanesulfonic acid (PFOS),
  • perfluorobutanesulfonic acid (PFBS),
  • hexafluoropropylene oxide-dimer acid (HFPO–DA or GenX),
  • perfluorononanoic acid (PFNA),
  • perfluorohexanesulfonic acid (PFHxS),
  • perfluorodecanoic acid (PFDA),
  • perfluorohexanoic acid (PFHxA), and
  • perfluorobutanoic acid (PFBA).

EPA’s criteria for listing substances as hazardous constituents under RCRA require that they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms. Under this proposed rule, when RCRA corrective action requirements are imposed at a facility, these PFAS would be identified in facility assessments. Where necessary, further investigation and cleanup through the RCRA corrective action process at RCRA treatment, storage, and disposal facilities would also be required under the proposal.

EPA has certified that this proposed rule will not have a significant impact on a substantial number of small entities.

Comments are due April 8, 2024.