Hazardous Waste

With the publication of two new proposed rules on February 8, 2024, EPA has taken the first step under its PFAS Strategic Roadmap to bring PFAS compounds under the umbrella of the Resource Conservation and Recovery Act (“RCRA”).  These proposals are designed to accomplish both short- and long-term objectives.  In the short-term, EPA’s proposals will make PFAS compounds subject to corrective action authorities at RCRA hazardous waste facilities.  This means that if a release occurs at such facilities, the owner or operator must investigate whether the contamination includes PFAS and, if so, remediate the contamination along with other hazardous constituents. In the long term, EPA’s proposals set the stage to list nine PFAS compounds as RCRA hazardous wastes.