EPA to Regulate PFOA/PFOS as Hazardous Waste

On October 26, 2021, EPA announced that they would begin a two-step rulemaking process to list perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorobutane sulfonic acid, and GenX as hazardous substances under the Resource Conservation and Recovery Act (RCRA). This process was initiated by a June 23, 2021, petition submitted by New Mexico to EPA. First, theseper-and polyfluoroalkyl substances (PFAS) would be added to the list of hazardous constituents in 40 CFR 261, Appendix VIII. Second, EPA would clarify that the RCRA corrective action program can address any waste that meets the definition of “hazardous waste,” whether that waste was formally listed as hazardous.