Yesterday EPA announced a new layer to EPA's PFAS roadmap unveiled only last week. Now four of the hundreds of chemicals collectively known as PFAS will eventually be regulated as hazardous waste under RCRA in response to a petition by the New Mexico Governor.
This means that states delegated authority to implement RCRA (of which there are many) will ultimately be able to take the lead under federal law in addressing PFAS contamination in those states.
I guess that could matter in states that don't already have state law authority to regulate PFAS but, as we know, many states have already acted under such state laws and will continue to do so while EPA continues to sort out how and when the federal laws identified its PFAS road map will apply.
Those who are concerned that the federal PFAS roadmap is going to take too long to get to its destinations are unlikely to be happier in the near term despite this new additional layer.
Whether different states are proceeding under different state laws (and standards) or federal law, how PFAS are addressed is going to continue to differ based on where you live for many months, if not years.
"By taking an urgent and science-based approach to this issue, we're helping to protect communities in New Mexico and around the country," she said in a statement. The EPA's designation will apply primarily to four PFAS chemicals: perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorobutanesulfonic acid and GenX. The EPA on Monday set toxicity standards for GenX chemicals, which were created by manufacturers such as The Chemours Co. to replace PFOA.