EPA announces new rulemakings to address PFAS chemicals under the Resource Conservation and Recovery Act (RCRA)

Key Takeaways

In response to a petition filed by New Mexico Governor Michelle Lujan, the U.S. Environmental Protection Agency (EPA) announced two new rulemakings to address PFAS contamination under the Resource Conservation and Recovery Act (RCRA). RCRA is the primary federal law governing state and local management of solid waste. The EPA’s Corrective Action Program under RCRA requires facilities that treat, store or dispose of hazardous waste to investigate and clean up contaminants. The rulemakings will clarify EPA’s authority to clean up chemicals under the law.

The first rulemaking would designate four types of PFAS chemicals, including PFOA, PFOS, GenX and HFPO, as “hazardous constituents” under RCRA and make them subject to corrective actions. The second rulemaking would clarify that the RCRA Corrective Action Program has the authority to require investigation and cleanup for wastes that meet the statutory definition of hazardous waste. These regulatory actions are the first of many that EPA plans to take, as outlined in the recently released PFAS Strategic Roadmap.

PFAS are a class of toxic chemicals that have been used for various purposes, including commercial, industrial and U.S. military applications. Some common uses include food packaging, nonstick coatings and stain-resistance fabrics, and as an ingredient in fire suppressants used at U.S. military installations, airports and by state and local fire departments.

As owners, users and co-regulators of water resources, counties are directly impacted by new regulatory standards to address PFAS contamination. Counties support EPA’s efforts and other federal agencies to study the health and environmental impacts of PFAS compounds. Additionally, as the administration moves toward potential regulatory action, counties urge the administration to work closely with state and local governments throughout the rulemaking process.