Editor's note (May 29, 2026): This article has been corrected. The original version stated the RCRA hazardous-constituent designation would take effect in April 2026. As of this update, EPA's February 2024 proposal to list nine PFAS as hazardous constituents has not been finalized. A related but separate proposal — to clarify RCRA corrective-action authority — was withdrawn by EPA on May 8, 2026. The article has been revised to reflect the proposal's current status.
The Invisible Threat Beneath Our Feet
Imagine a small manufacturing plant that has operated on the edge of a town for fifty years. For decades, it used chemical surfactants—part of the PFAS family—to make its products waterproof. Small spills, routine rinsing of equipment, and disposal of waste in an unlined landfill were standard operating procedures. The chemicals, invisible and persistent, seeped into the soil and groundwater, slowly migrating toward the town's drinking water wells. The facility has since closed, the land sold, and the new owner has no knowledge of the toxic legacy slumbering beneath the surface. This isn't a hypothetical; it's a story that has played out in countless communities across America. For years, a regulatory gap has allowed such contamination to go unaddressed until it becomes a full-blown public health crisis. That may be about to change.
Understanding RCRA: A Tale of Two Designations
The Resource Conservation and Recovery Act, or RCRA, is the nation's principal law governing the disposal of solid and hazardous waste. Enacted in 1976, its primary goal is to protect human health and the environment from the potential hazards of waste disposal. To understand the significance of the EPA's proposed rule, it's crucial to distinguish between two key terms: 'hazardous waste' and 'hazardous constituent'.
A 'hazardous waste' designation under RCRA triggers a strict, 'cradle-to-grave' management system. This means any facility that generates, transports, treats, stores, or disposes of these wastes must adhere to a rigorous set of tracking and handling requirements. It’s the highest level of regulatory control under the Act.
A 'hazardous constituent', on the other hand, is a more foundational designation. It means the EPA has scientifically determined that a chemical poses a threat to human health and the environment. This listing is a prerequisite for a substance to eventually be classified as a hazardous waste, but its immediate and most powerful impact is its role in the RCRA Corrective Action Program.
The Corrective Action program is RCRA's cleanup arm. It requires facilities with permits for treating, storing, or disposing of hazardous wastes to investigate and clean up any contamination—known as 'releases'—that has occurred on their property. By listing PFAS as a hazardous constituent, the EPA would give itself the authority to compel cleanups of these specific chemicals at thousands of sites nationwide.
What Would Change If Finalized?
The EPA's proposed rule, published in February 2024, would add nine specific PFAS compounds, along with their salts and isomers, to the list of hazardous constituents under RCRA. The nine targeted chemicals are among the most well-studied and widespread members of the PFAS family:
- Perfluorooctanoic acid (PFOA)
- Perfluorooctanesulfonic acid (PFOS)
- Perfluorobutanesulfonic acid (PFBS)
- Hexafluoropropylene oxide-dimer acid (commonly known as GenX)
- Perfluorononanoic acid (PFNA)
- Perfluorohexanesulfonic acid (PFHxS)
- Perfluorodecanoic acid (PFDA)
- Perfluorohexanoic acid (PFHxA)
- Perfluorobutanoic acid (PFBA)
If finalized, any facility undergoing a RCRA corrective action would be required to investigate for the presence of these nine PFAS compounds. If found, the facility would be responsible for their cleanup. This applies to current and former industrial sites, landfills, and any entity with a RCRA permit. It would force a reckoning that has been long overdue. No longer can property owners or operators claim ignorance or a lack of regulatory mandate. The presence of PFOA in the soil or PFOS in the groundwater would officially trigger a cleanup obligation.
The EPR Foundation's Position: A Critical First Step
At the EPR Foundation, we see this designation as a monumental and necessary step forward in the fight against PFAS contamination. For too long, the ubiquity of these chemicals has been matched only by the lack of federal authority to compel their remediation. If finalized, this rule would provide a powerful new tool for regulators and communities to demand accountability.
However, we also recognize its limitations. Designating nine compounds out of a family of over 12,000 is merely a start. While PFOA and PFOS are the most notorious 'legacy' PFAS, industry has shifted to using hundreds of other replacement chemicals whose long-term health effects are still poorly understood. By listing only a specific few, we risk a game of regulatory whack-a-mole, where polluters can simply pivot to using a slightly different, unregulated PFAS compound.
Furthermore, the 'hazardous constituent' listing does not solve the problem of historic contamination at sites not already under a RCRA permit. While it works in conjunction with the EPA's recent CERCLA (Superfund) designation for PFOA and PFOS, there are still countless contaminated sites that may fall through the cracks. The Corrective Action program is a powerful tool, but it only applies to a specific universe of regulated facilities.
Finally, this action does not address the ongoing use and disposal of PFAS-containing materials. Without a corresponding 'hazardous waste' listing, products containing these nine PFAS can still, in many cases, be disposed of in municipal solid waste landfills that lack the sophisticated liner and leachate collection systems required for hazardous waste. This means we are cleaning up the messes of the past while simultaneously allowing the seeds of future contamination to be sown.
A Call to Awareness: The Work Ahead
If finalized, the EPA's proposal to list these nine PFAS as hazardous constituents would be a victory for public health and environmental protection — the result of tireless advocacy, scientific research, and public pressure. But it is not the end of the story. As a society, we must remain vigilant. We must push for the study and regulation of the broader class of PFAS chemicals. We must advocate for a full hazardous waste listing to control the disposal of these materials and prevent future contamination.
If finalized, this rule would draw a new line in the sand — empowering the EPA to look back at decades of pollution and demand action. It is now up to all of us—citizens, communities, and watchdog organizations—to ensure this new authority is used effectively and to continue the push for a future free from the threat of these forever chemicals. The fight is far from over, but we may soon have a powerful new tool in our arsenal.
Source: EPA — Proposal to List Nine PFAS as RCRA Hazardous Constituents