By Megan Quinn, Waste Dive
Proposed new rules would more clearly define “hazardous waste” and list nine specific PFAS under RCRA regulations but are not likely to apply to most operators of MSW and C&D landfills.
The U.S. EPA proposed two new rules on Thursday meant to more clearly specify its authority to identify and clean up PFAS contamination at certain hazardous waste treatment, storage, and disposal facilities.
One of the proposed rules would clarify that the EPA has the authority under the Resource Conservation and Recovery Act to clean up “emerging chemicals of concern, such as PFAS,” that could cause hazards at permitted facilities. Part of the clarification process in the proposed rule would be to update the definition of “hazardous waste” under RCRA.
The other proposed rule would add nine PFAS compounds to the list of hazardous constituents under RCRA, meaning regulators could specifically monitor for those per-and polyfluoroalkyl substances during facility assessments and, if necessary, call for a cleanup process. Currently, RCRA does not list any PFAS as hazardous constituents.
These two proposed rules would only apply to operators whose facilities are also considered hazardous waste TSDFs, the EPA confirmed in the draft rule. Most publicly owned treatment works would also not be affected by the proposed rules.
The National Waste & Recycling Association and the Solid Waste Association of North America were not available to comment as of press time, but others familiar with the draft rules confirmed MSW and C&D landfill operators are not expected to be affected.
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