Twelve AGs Filed Comments Calling for PFAS to Be Listed as Hazardous Constituents under RCRA

APRIL 8, 2024

California Attorney General Rob Bonta led a coalition of 12 attorneys general in filing comments supporting the Environmental Protection Agency’s (EPA) proposed rule to list nine types of per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery Act (RCRA). In their comments, the AGs explained that this rule will allow “any prior or future release of any of the nine PFAS at any facility in the nation that treats, stores, or disposes of hazardous waste...will be subject to the cleanup requirements of the RCRA corrective action program.” In addition to urging EPA to promptly finalize this rule, the AGs also urged EPA to 1) consider listing the class of PFAS as hazardous constituents under RCRA and 2) “consider engaging in a separate rulemaking to list certain PFAS other than the nine addressed by the rule, or the class of PFAS, as a hazardous waste in the near future.”