EPA Withdraws Proposed RCRA PFAS Hazardous Listing
The EPA has withdrawn its proposed rule to list nine PFAS as hazardous constituents under RCRA.
Why it matters: The move shifts the regulatory landscape for environmental law and corporate risk, as companies now face CERCLA requirements for PFOA and PFOS but not broader RCRA hazardous waste obligations for all nine PFAS.
- On May 8, 2026, the EPA withdrew the proposed rule to list nine PFAS as RCRA hazardous constituents.
- PFAS compounds like PFOA, PFOS, and GenX were among those originally proposed for RCRA listing.
- The EPA states existing regulations are sufficient to address PFAS risks under current permitting authority.
- PFOA and PFOS are now designated as hazardous substances under CERCLA, triggering mandatory federal reporting.
The Environmental Protection Agency withdrew its proposed rule to list nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery Act (RCRA) on May 8, 2026. The PFAS compounds initially proposed included PFOA, PFOS, PFBS, GenX (HFPO-DA), PFNA, PFHxS, PFDA, PFHxA, and PFBA.
- The EPA maintains that existing regulatory mechanisms provide sufficient authority for developing protective permit conditions—making an added RCRA listing unnecessary at this time.
- Notably, in April 2026, the EPA designated PFOA and PFOS as hazardous substances under CERCLA (Superfund). This change imposes new reporting requirements on companies for certain PFAS releases.
- Under CERCLA, releases of PFOA and PFOS that meet or exceed 1 pound in a 24-hour period must now be reported to federal, state, and local authorities. Read more details.
- According to the EPA, “this action is a critical part of our efforts to increase the understanding of PFAS and support our federal, state, tribal and local partners as we address these emerging chemicals of concern.”
For legal teams and corporate risk managers, the regulatory retreat on RCRA listing narrows the scope of direct hazardous waste obligations for now but leaves CERCLA reporting and cleanup triggers firmly in place for key PFAS, notably PFOA and PFOS.
By the numbers:
- 9 — Number of PFAS initially proposed for RCRA hazardous listing
- 1 pound — CERCLA reporting threshold for PFOA and PFOS releases in a 24-hour period
Yes, but: Specific impacts for affected industries or cleanup obligations beyond PFOA and PFOS remain uncertain.