Proposal to Clarify Authority to Address Releases of Hazardous Waste at Treatment, Storage, and Disposal Facilities
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Rule Summary
On February 8, 2024, EPA proposed changes that would amend the definition of hazardous waste as it applies to corrective action to address releases from solid waste management units at permitted hazardous waste treatment, storage, and disposal facilities.
With this proposal, EPA is providing clear regulatory authority to address emerging contaminants that are not included under the regulatory definition of hazardous waste. The proposed rule would provide clear regulatory authority to fully implement EPA’s statutory authority to require corrective action to address releases not only of substances identified as hazardous waste in the regulations but of any substance that meets the statutory definition of hazardous waste.
EPA welcomed comment on this proposal through March 26, 2024.
Rule History
In June 2021, the Governor of New Mexico submitted a petition to EPA expressing concern about the risks associated with per- and polyfluoroalkyl substances and requesting PFAS, either individually or as a class, be listed as hazardous wastes under the Resource Conservation and Recovery Act. In October 2021, EPA responded to the Governor of New Mexico’s petition with a letter. EPA indicated in the letter that it would initiate the rulemaking process for two rulemakings that would help address PFAS under RCRA, including this proposed rule.
PFAS, also known as “forever chemicals,” are a class of manufactured chemicals that have been widely used in many industrial and consumer products since the 1940s, and they are still being used today. PFAS have been or are currently being manufactured for a variety of different uses, ranging from adhesives, coatings for clothes and furniture, fire-fighting foam, and other uses. Scientific studies show that some PFAS exposure is linked to harmful health effects.
While this proposed rule would not specifically address PFAS, it would facilitate the use of RCRA corrective action authority to address emerging contaminants such as PFAS, as well as other substances, when they meet the statutory definition of hazardous waste at RCRA permitted treatment, storage, and disposal facilities. The RCRA Corrective Action Program requires facilities that treat, store or dispose of hazardous wastes to investigate and clean up contaminated soil, groundwater, and surface water.
Additional Resources
- Unified regulatory agenda entry for this proposal.
- Proposal to list nine per- and polyfluoroalkyl compounds as RCRA hazardous constituents.
- EPA’s PFAS website.
- Read about EPA’s proposed designation of PFOA and PFOS as CERCLA hazardous substances.
- New Mexico Governor’s petition requesting PFAS as hazardous waste under RCRA Subpart C (pdf) (244.21 KB).
- EPA response to the New Mexico Governor's PFAS petition October 2021 (pdf) (739.37 KB).
- Read the October 2021 news release about EPA’s response.