Search

EPA Plans Two RCRA Hazardous Waste Rules for PFAS

Posted on 11/15/2021 by Roseanne Bottone and Roger Marks

US EPA plans to propose two RCRA hazardous waste rules to address the environmental impacts of polyfluoroalkyl substances (PFAS) and facilitate cleanup of sites contaminated with these so-called forever chemicals.

The two forthcoming rules are EPA’s response to New Mexico’s governor, who petitioned the Agency to regulate PFAS chemicals as hazardous waste under RCRA, individually or as a group. The planned proposals respond to the petition and give us insight about how EPA will treat PFAS chemicals under the RCRA hazardous waste regulations in the future.  

PFAS are a group of human-made chemicals used in diverse consumer and industrial products. The are known as “forever chemicals” because they do not breakdown in the environment, and they are bio-accumulative in humans.

In October 2021, EPA announced a national strategy to address PFAS contamination under the Clean Water Act, Safe Drinking Water Act, CERCLA, and TSCA. 

Rule 1: RCRA Appendix VIII  

EPA will propose adding four PFAS chemicals to the list of constituents in 40 CFR 261, Appendix VIII.

Appendix VIII lists chemicals of concern under RCRA. The Appendix is much broader than the actual hazardous waste lists and should not be used by generators to make hazardous waste determinations.  

The four chemicals EPA plans to propose adding to Appendix VIII are:
  • Perfluorooctanoic acid (PFOA)
  • Perfluorooctane sulfonic acid (PFOS)
  • Perfluorobutane sulfonic acid (PFBS)
  • GenX
EPA uses Appendix VIII to determine which wastes should be considered for listing as hazardous waste under 40 CFR 261.11. By adding four PFAS chemicals to Appendix VIII, EPA sets the stage to potentially regulate wastes containing PFOA, PFOS, PFBS, or GenX under RCRA in the future.

Treatment, storage, and disposal facilities (TSDFs) use Appendix VIII as well, to analyze hazardous wastes before incineration.

Rule 2: RCRA Corrective Action

Secondly, EPA will propose a rule to clarify the RCRA Corrective Action Program can apply to remediation of “emerging contaminants” such as PFAS chemicals. The RCRA Corrective Action program is authorized to require investigation and cleanup for wastes that meet the statutory definition of hazardous waste in RCRA Section 1004.

Read EPA's full response to the petition to list PFAS as hazardous waste here

RCRA hazardous waste training

Initial & Refresher RCRA Training: Live Webinars

Cross annually required RCRA training off your list early for 2022! Lion instructors will present live webinars in December 2021 and January 2022 to provide initial and refresher training for hazardous waste professionals.

RCRA Hazardous Waste Management (2 days)
RCRA Hazardous Waste Management Refresher (1 day)  

All upcoming webinars 

Find a Post

Compliance Archives

Lion - Quotes

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping Professional

The instructor was energetic and made learning fun compared to dry instructors from other training providers.

Andy D’Amato

International Trade Compliance Manager

Lion's information is very thorough and accurate. Presenter was very good.

Melissa Little

Regulatory Manager

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.

Danny Province

EHS Professional

I have been to other training companies, but Lion’s material is much better and easier to understand.

Mark Abell

Regional Manager

I have attended other training providers, but Lion is best. Lion is king of the hazmat jungle!!!

Henry Watkins

Hazardous Waste Technician

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

Download Our Latest Whitepaper

This report details major changes for hazardous waste generators from US EPA’s Generator Improvements Rule, as well as the latest updates from states that are still working to adopt new, stricter Federal requirements.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.