AGC has long discussed risk exposures for contractors associated with the anticipated regulation of per- and polyfluoroalkyl substances (PFAS) by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation, and Liability Act.

While that final rule is expected soon, EPA is concurrently working to regulate PFAS under other programs. Most recently, EPA has proposed to add nine PFAS (including their salts and isomers) to its list of hazardous constituents under the Resource Conservation and Recovery Act (RCRA). This represents a significant step toward the potential future listing of these PFAS as RCRA hazardous waste.

AGC is currently evaluating its response to this proposal and is interested in hearing from members on how EPA’s proposal could impact construction sites or facilities that contractors commonly operate. Please share your insights with Melinda Tomaino at [email protected] by close of business March 25th.

Some of the general concerns shared with AGC about EPA's approach in this and a related RCRA proposal are that the agency is lowering the bar on its scientific requirements for listing wastes and the provision of a loophole that could allow bypassing the established regulatory process of determining hazardous waste status by focusing its efforts within the corrective action program.