We continue to see a tremendous contrast in how different administrations in Washington, D.C., approach environmental protection. We covered the proliferation of environmental regulations under the previous administration in some detail in our May 2, 2024, blog. Many, if not all, of those regulations have been modified or are proposed for modification or withdrawal under the current administration. In this blog, we provide additional updates on proposed per- and polyfluoroalkyl substances (PFAS) regulations related to the Resource Conservation and Recovery Act (RCRA).
EPA Proposed RCRA Rules in 2024
In February, 2024, the United States Environmental Protection Agency (EPA) proposed two separate rules under the Resource Conservation and Recovery Act (RCRA).
One rule was the “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units.”
The other rule was a proposal to add nine PFAS, their salts, and their structural isomers to its list of hazardous constituents in Title 40 of the Code of Federal Regulations Part 261 Appendix VIII.
In short, the rule that was withdrawn had broad applicability (“substance that meets the statutory definition of hazardous waste”). The second rule that has yet to be finalized is specific to nine PFAS (Image purchased from Shutterstock).
Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units
This proposed rule would have amended the definition of hazardous waste applicable to corrective action to address releases from solid waste management units at RCRA-permitted treatment, storage, and disposal facilities. The rule would also make related “conforming amendments, thereby providing clear regulatory authority to fully implement the RCRA statutory requirement that permitted facilities conduct corrective action to address releases not only of substances listed or identified as hazardous waste in the regulations but of any substance that meets the statutory definition of hazardous waste” (Source: Federal Register).
When the EPA issued the proposed rule on February 8, 2024, it stated, “In December 2018, the New Mexico Environment Department issued a hazardous waste facility permit to Cannon Air Force Base under its RCRA-authorized hazardous waste authorities. The permit, among other things, imposed corrective action requirements for perfluoroalkyl substances at the facility. Per- and polyfluoroalkyl substances (PFAS) are not listed or identified as hazardous wastes or hazardous constituents in EPA or New Mexico authorized regulations.”
Cannon Air Force Base was implicated in PFAS contamination at a nearby dairy farm, which ultimately had to cull approximately 4,000 dairy cows.
New Mexico Governor Michelle Lujan Grisham had petitioned the EPA for broader regulation of PFAS as hazardous waste subject to RCRA.
Withdrawing the Proposed Rule
On May 8, 2026, the U.S. EPA issued a notice that they were withdrawing its 2024 proposed rule entitled “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units.”
In announcing the proposed rule, the EPA stated, “The Agency has concluded that the proposed revisions to the existing regulations would have complicated, rather than contributed to, efficient implementation of corrective action. For those reasons, EPA has determined that withdrawal is appropriate.”
Adding Nine PFAS to Appendix VIII
The second rule that the EPA proposed in 2024 requires that nine PFAS under Appendix VIII (Title 40 of the Code of Federal Regulations Part 261 Appendix VIII) be added to corrective action. That proposed rule has not been finalized (Source: Inside EPA).
In short, the rule that was withdrawn had broad applicability (“substance that meets the statutory definition of hazardous waste”). The second rule, which has yet to be finalized, is specific to nine PFAS.
We will continue to monitor this and other PFAS developments as they are announced. For more information, see our PFAS Resource Page.
PFAS Technical Assistance
While uncertainty persists regarding various PFAS rules, litigation surrounding PFAS shows no sign of abating any time soon. If you need assistance with PFAS issues, compliance, assessment, litigation support, etc, we can help. For more information, you can contact Jeffrey Bolin, M.S., at 248-932-0228, Ext. 125.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
Jeffrey Bolin, M.S., reviewed this blog. Jeff is a partner and senior scientist at Dragun Corporation. He is a published author, a frequent speaker, and an expert witness. His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.
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