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Today, the U.S. Environmental Protection Agency (EPA) announced it is acting upon a petition from Governor Michelle Lujan Grisham of New Mexico to tackle PFAS contamination under the Resource Conservation and Recovery Act (RCRA). In responding to the petition, EPA outlined plans to initiate the rulemaking process for two new actions under the hazardous waste law, reflecting the agency’s focus on using best available science and leveraging authorities to combat this shared challenge.
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Governor Lujan Grisham’s petition requested that PFAS be identified as hazardous waste under RCRA, either as a class or as individual chemicals. In today’s response, EPA is announcing the initiation of two rulemakings. First, the agency will initiate the process to propose adding four PFAS chemicals as RCRA Hazardous Constituents under Appendix VIII, by evaluating the existing data for these chemicals and establishing a record to support such a proposed rule. The four PFAS chemicals EPA will evaluate are: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorobutane sulfonic acid (PFBS), and GenX. Adding these chemicals as RCRA Hazardous Constituents would ensure they are subject to corrective action requirements and would be a necessary building block for future work to regulate PFAS as a listed hazardous waste.
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