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

If I need thorough training or updating, I always use Lion. Lion is always the best in both instruction and materials.

Bryce Parker

EHS Manager

More thorough than a class I attended last year through another company.

Troy Yonkers

HSES Representative

Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers.

Robert Brenner

District Environmental Manager

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

Barry Cook

Hazmat Shipping Professional

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course.

Jeffrey Tierno

Hazmat Shipping Professional

Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.

John Hutchinson

Senior EHS Engineer

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

Andy D’Amato

International Trade Compliance Manager

The instructor was excellent. They knew all of the material without having to read from a notepad or computer.

Gary Hartzell

Warehouse Supervisor

Excellent job. Made what is very dry material interesting. Thoroughly explained all topics in easy-to-understand terms.

David Hertvik

Vice President

Download Our Latest Whitepaper

Hazardous materials shipment rejections bear a big cost. Use this guide to end operational and logistical disruptions that severely impact your bottom line.

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.