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EPA/OLEM RIN: 2050-AH26 Publication ID: Spring 2025 
Title: Listing of Specific PFAS as Hazardous Constituents 
Abstract:

On February 8, 2024, EPA published a proposed rule 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 in 40 CFR part 261 Appendix VIII. If finalized, when corrective action requirements are imposed at a RCRA treatment, storage and disposal facility, these PFAS would be among the hazardous constituents expressly identified for consideration in assessments and, when necessary, further investigation and cleanup of these facilities. EPA provided a 60-day public comment period for this proposed rule and conducted outreach activities with the public, organizations, states, tribal groups, and affected parties following publication of the proposed rule. EPA is considering public comments as it develops a final rule.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Regulatory 
CFR Citation: 40 CFR 261    40 CFR 271   
Legal Authority: 42 U.S.C. 6912 (a)    42 U.S.C. 6921    42 U.S.C. 6922    42 U.S.C. 6938    42 U.S.C. 6926    42 U.S.C. 6939g    42 U.S.C. 6924(y)    42 U.S.C. 6905   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  02/08/2024  89 FR 8606   
Final Rule  04/00/2026 
Additional Information: Docket #: EPA-HQ-OLEM-2023-0278. Affected Industrial Sectors: see Section II.A., and Table II-1 in the proposed rule, available at https://www.govinfo.gov/content/pkg/FR-2024-02-08/pdf/2024-02324.pdf.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: No 
Included in the Regulatory Plan: Yes 
Sectors Affected: 111 Crop Production; 115 Support Activities for Agriculture and Forestry; 211 Oil and Gas Extraction; 213 Support Activities for Mining; 221 Utilities; 238 Specialty Trade Contractors; 311 Food Manufacturing; 312 Beverage and Tobacco Product Manufacturing; 313 Textile Mills; 321 Wood Product Manufacturing; 322 Paper Manufacturing; 323 Printing and Related Support Activities; 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing; 326 Plastics and Rubber Products Manufacturing; 327 Nonmetallic Mineral Product Manufacturing; 331 Primary Metal Manufacturing; 332 Fabricated Metal Product Manufacturing; 333 Machinery Manufacturing; 334 Computer and Electronic Product Manufacturing; 335 Electrical Equipment, Appliance, and Component Manufacturing; 336 Transportation Equipment Manufacturing; 337 Furniture and Related Product Manufacturing; 339 Miscellaneous Manufacturing; 423 Merchant Wholesalers, Durable Goods; 424 Merchant Wholesalers, Nondurable Goods; 447 Gasoline Stations; 454 Nonstore Retailers; 481 Air Transportation; 482 Rail Transportation; 484 Truck Transportation; 486 Pipeline Transportation; 488 Support Activities for Transportation; 493 Warehousing and Storage; 519 Other Information Services; 525 Funds, Trusts, and Other Financial Vehicles; 531 Real Estate; 532 Rental and Leasing Services; 541 Professional, Scientific, and Technical Services; 551 Management of Companies and Enterprises; 561 Administrative and Support Services; 562 Waste Management and Remediation Services; 611 Educational Services; 621 Ambulatory Health Care Services; 622 Hospitals; 811 Repair and Maintenance; 813 Religious, Grantmaking, Civic, Professional, and Similar Organizations; 921 Executive, Legislative, and Other General Government Support; 922 Justice, Public Order, and Safety Activities; 924 Administration of Environmental Quality Programs; 925 Administration of Housing Programs, Urban Planning, and Community Development; 926 Administration of Economic Programs; 927 Space Research and Technology; 928 National Security and International Affairs 
RIN Data Printed in the FR: No 
Agency Contact:
Narendra Chaudhari
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5304T,
Washington, DC 20460
Phone:202 566-0495
Email: chaudhari.narendra@epa.gov

Daniel Lowrey
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5304T,
Washington, DC 20460
Phone:202 566-1015
Email: lowrey.daniel@epa.gov