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On February 8, 2024, the Environmental Protection Agency (EPA) published two proposed rules that would expand its regulatory authority over PFAS: one to list nine PFAS as hazardous constituents subject to the Resource Conservation and Recovery Act (“RCRA”) corrective action program (the “PFAS Constituent Rule”) and another to expand the regulatory definition of RCRA hazardous waste to address PFAS releases from RCRA-permitted solid waste management units (the “Definition Rule”).

The Environmental Protection Agency (“EPA”) issued a long-anticipated proposal to designate two per- and polyfluoroalkyl substances (“PFAS”) as hazardous substances under the federal Superfund law known as the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).

EPA has just released a proposed rule that would require facilities near “navigable water” that store listed hazardous substances above a threshold amount to prepare facility response plans for spills.

In the latest development surrounding PFAS, EPA has published a direct final rule endorsing use of the newly updated ASTM E1527-21 standard for Phase I Environmental Site Assessments (“Phase Is”).