In the ever-evolving world of environmental regulations, comprehension and clarity are paramount for successful compliance. Recently, the Environmental Protection Agency (EPA) has put forth a significant proposal that stands to affect numerous operations: the inclusion of nine specific PFAS compounds into the RCRA Appendix VIII list of Hazardous Constituents. These nine compounds are:

This proposal is currently open for public commentary until April 8, 2024, with the final rules anticipated to be released by late summer. This development is not only noteworthy but also bears significant implications for facilities operating under RCRA permits.

Implications of the Addition to Appendix VIII

However, it's essential to comprehend what this proposal does not encompass:

Understanding these changes requires familiarity with the terminologies used. Here are a few key terms to help you better understand these amendments:

If these rules are successfully implemented, listing all nine (9) PFAS in Appendix VIII, we could anticipate the EPA to next designate these chemicals as hazardous wastes under RCRA. This would automatically classify them as hazardous substances under CERCLA, resulting in CERCLA cleanup authority.

The immediate impact of this amendment would be most felt by hazardous waste treatment, storage, and disposal facilities (TSDFs) already subject to various RCRA waste management requirements. As per the proposed rules, approximately 1,740 TSDFs could be subject to additional RCRA corrective action requirements following the adoption of these rules. It is important to note that the EPA has previously submitted other pending proposed rules regarding certain PFAS that are expected to be approved shortly. These include the designation of PFOA and PFOS as CERCLA hazardous substances, and a PFAS National Primary Drinking Water Regulation for six PFAS compounds.

At VLS Texas Molecular, we closely monitor these regulatory changes and provide services to ensure your business remains compliant. Our services include PFAS disposal, AFFF disposal, firefighting foam changeout, and PFAS wastewater treatment utilizing hazardous waste sequestration injection wells. 

With facilities in Deer Park, TX, and Corpus Christi, TX, our teams at VLS Texas Molecular take pride in being among our industry’s most resourceful and responsive providers of wastewater treatment and disposal services, including PFAS and PFAS derivative wastewaters. We provide responsible and safe treatment and disposal solutions for even those most challenging industrial hazardous aqueous waste and wastewaters.

Stay informed, stay compliant, and let us guide you through these regulatory changes. Contact us today to learn more about our services and how we can assist you in managing PFAS and other hazardous constituents.