U.S. EPA is withdrawing its proposed rule to list nine PFAS as RCRA hazardous constituents. U.S.EPA announced the withdrawal in the Federal Register on May 8, 2026. In announcing the withdrawal, U.S.EPA stated the proposed rule is not necessary since “existing regulations provide the tools to develop protective permit conditions, when necessary, without the need to modify the hazardous waste definition.” In addition, U.S.EPA noted that it found convincing the concerns raised by some commenters that the proposed rule would, “as a practical matter, result in confusion for regulators and owners and operators on which substances were subject to corrective action and what units were solid waste management units.” The withdrawal reflects a change in course for U.S. EPA. As we reported when U.S.EPA proposed the rule in February 2024, U.S.EPA then believed the proposed rule would facilitate corrective action by providing clear regulatory authority and would thereby minimize the likelihood of challenges to corrective action requirements.
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