Data / Federal rules / 2024-02324
Listing of Specific PFAS as Hazardous Constituents
The Environmental Protection Agency published this proposed rule in the Federal Register on February 8, 2024. Comments closed on April 8, 2024.
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What the agency says
The Environmental Protection Agency (EPA or the Agency) is proposing to amend its regulation under the Resource Conservation and Recovery Act (RCRA) by adding nine specific per-and polyfluoroalkyl substances (PFAS), their salts, and their structural isomers, to its list of hazardous constituents. These nine PFAS are perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), perfluorobutanesulfonic acid (PFBS), hexafluoropropylene oxide-dimer acid (HFPO-DA or GenX), perfluorononanoic acid (PFNA), perfluorohexanesulfonic acid (PFHxS), perfluorodecanoic acid (PFDA), perfluorohexanoic acid (PFHxA), and perfluorobutanoic acid (PFBA). EPA's criteria for listing substances as hazardous constituents under RCRA require that they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms. EPA reviewed and evaluated key toxicity and epidemiological studies and assessments for the nine PFAS to determine whether the available data for these PFAS meet the Agency's criteria for listing substances as hazardous constituents under RCRA. Based on EPA's evaluation, the above nine PFAS, their salts, and their structural isomers meet the criteria for being listed as RCRA hazardous constituents. As a result of this proposed rule, if finalized, when corrective action requirements are imposed at a facility, these PFAS would be among the hazardous constituents expressly identified for consideration in RCRA facility assessments and, where necessary, further investigation and cleanup through the RCRA corrective action process at RCRA treatment, storage, and disposal facilities.
Key facts
- Document number
- 2024-02324
- Type
- Proposed rule
- Action
- Proposed rule
- Agency
- Environmental Protection Agency
- Published
- February 8, 2024
- Comments due
- April 8, 2024
- Dates
- Comments must be received on or before April 8, 2024.
- Docket
- EPA-HQ-OLEM-2023-0278; FRL-9248-01-OLEM
- Regulation ID (RIN)
- 2050-AH26
- Code of Federal Regulations
- 40 CFR 261; 40 CFR 271
- Topics
- Administrative practice and procedure; Confidential business information; Environmental protection; Hazardous materials transportation; Hazardous waste; Indians-lands; Intergovernmental relations; Penalties; Recycling; Reporting and recordkeeping requirements
- Significant
- Yes, under Executive Order 12866
- Pages
- 16
Other documents from the Environmental Protection Agency
Everything from the Environmental Protection Agency · Rules on administrative practice and procedure · Rules on confidential business information · Rules on environmental protection · Published in February 2024
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