Compliance & Regulations

EPA proposed to add nine PFAS to RCRA’s hazardous constituents

EPA is proposing to add nine PFAS, their salts and their structural isomers ass hazardous substances under the Resource Conservation and Recovery Act.
Feb. 6, 2024

The U.S. EPA has proposed to add nine per- and polyfluoroalkyl compounds, their salts, and their structural isomers to the Resource Conservation and Recovery Act’s (RCRA’s) hazardous constituents in Title 40 of the Code of Federal Regulations.

The nine PFAS that EPA proposed to add as hazardous constituents are:

  1. Perfluorooctanoic acid (PFOA)
  2. Perfluorooctanesulfonic acid (PFOS)
  3. Perfluorobutanesulfonic acid (PFBS)  
  4. Hexafluoropropylene oxide-dimer acid (HFPO-DA, also known as GenX)
  5. Perfluorononanoic acid (PFNA)
  6. Perfluorohexanesulfonic acid (PFHxS)
  7. Perfluorodecanoic acid (PFDA)
  8. Perfluorohexanoic acid (PFHxA)
  9. Perfluorobutanoic acid (PFBA)

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To add a substance as a hazardous under RCRA, the substances must be shown in scientific studies to have adverse health effects on humans or other life. EPA had decided that the nine proposed PFAS, their salts and structural isomers meet that criteria.

RCRA is the framework for managing hazardous and non-hazardous solid wastes. It tracks and manages hazardous wastes nationwide, and requires permitted waste generators to certify waste reduction programs.

One the proposed change is published in the Federal Register, EPA will collect comments on the proposal for 60 days.

Read a pre-publication version of the proposed change here.

About the Author

Jeremy Wolfe

Jeremy Wolfe is a former Editor for Wastewater Digest.

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