Attorney General Josh Kaul has expressed his support for the U.S. Environmental Protection Agency's move to designate nine PFAS compounds as hazardous constituents under the Resource Conservation and Recovery Act (RCRA). In a comment letter submitted alongside a coalition of 12 states, Kaul emphasized the importance of taking action to address PFAS contamination.
“The EPA’s proposal to list these chemicals as hazardous constituents under RCRA would facilitate the cleanup of PFAS contamination,” Attorney General Kaul stated. “We must use the tools available under state and federal law to protect people’s health and our environment against harm from PFAS.”
The EPA's evaluation of toxicity and epidemiology data for the nine PFAS compounds determined that they meet the criteria for listing as RCRA hazardous constituents. These chemicals, also known as "forever chemicals," pose significant health risks and have been linked to various adverse impacts on human health and the environment.
The proposed rule by the EPA aims to add nine PFAS compounds to the list of hazardous constituents under RCRA, enabling regulatory bodies to address releases of these chemicals at Treatment, Storage, and Disposal Facilities (TSDFs). The rule would also require permits issued by the EPA or authorized states to include corrective action for all releases of listed PFAS from solid waste management units at TSDFs.
PFAS, found in a wide range of consumer products and firefighting foams, are known for their persistence in the environment and their ability to leach into groundwater. By designating these compounds as hazardous constituents, regulatory bodies can take steps to mitigate the risks associated with PFAS exposure.
Attorney General Kaul's support for the EPA's initiative was echoed by a coalition of attorneys general from various states, demonstrating a collective commitment to addressing the challenges posed by PFAS contamination.