On February 8, 2024, the EPA proposed adding a group of chemicals known as per- and polyfluoroalkyl substances (PFAS), also known as “Forever Chemicals,” to the Resource Conservation and Recovery Act (RCRA) Section 3001 hazardous waste list.

This proposal carries significant implications for businesses and industrial processes. Let's delve into the details of this proposal and how its acceptance will affect businesses moving forward.

What is in the EPA's Feb 2024 Proposal?

The EPA's proposal aims to list nine PFAS compounds as hazardous waste under the RCRA. Here is the exact list:

• Perfluorooctanoic acid
• Perfluorooctanesulfonic acid
• Perfluorobutanesulfonic acid
• Hexafluoropropylene oxide-dimer acid
• Perfluorononanoic acid
• Perfluorohexanesulfonic acid
• Perfluorodecanoic acid
• Perfluorohexanoic acid
• Perfluorobutanoic acid

PFAS are widely used in various industrial and consumer products due to their water and grease-resistant properties. However, their persistence in the environment and potential adverse effects on human health have raised concerns. Adding these nine Forever Chemicals to the list is the first step to stricter regulations regarding their use, storage, and disposal.

Implications for Businesses And Industrial Processes

Many states already strictly regulate or ban various forever chemicals in various industries. In Texas, we mainly see their use in oil and gas extraction, particularly in fracking. It is also still used in a wide range of consumer products, including waterproof gear and fast food products. This bill could create a massive impact across the board. Here are just a few of the major factors businesses and industries may face.

• Compliance Costs. This includes implementing new measures to prevent environmental contamination and how you treat PFAS-contaminated waste. It could also eventually lead to a strict ban on the chemicals, forcing industries to utilize alternatives.
  
• Cost of Rapid and Frequent Changes. As studies continue and our knowledge of forever chemicals evolve, the hazardous waste listing will enable the EPA and other regulatory agencies to enforce changes accordingly. Those who continue to use PFAS substances could face the extra expenses of staying up to date with rapidly evolving safety measures.
  
• Legal Obligations. Failure to comply could result in legal consequences, including fines and penalties. This could include legal consequences for any health and environmental damages from lingering waste products linked to the company.
  
• Waste Management Practices. Industries generating PFAS-containing waste will need to reassess their waste management practices to ensure compliance with stricter hazardous waste regulations. This may involve investing in specialized treatment technologies or outsourcing waste disposal to authorized facilities.
  
• Supply Chain Impacts. Manufacturers may need to seek alternative substances or processes to replace PFAS, leading to potential product development and sourcing challenges. Companies that have not prepared for this ahead of time will be hit hardest as they contend with a spike in demand and a low supply of alternative solutions in the early days of implementation.

Get Ahead of the Game With Sparkling Clear

We’re tracking how the regulation of PFAS substances affects Texas industries. Keep ahead of the curve by talking to one of our experts on how we can help reduce and eliminate forever chemicals in your water supplies and waste materials. 

Reference: 

Proposal to List Nine Per- and Polyfluoroalkyl Compounds as Resource Conservation and Recovery Act Hazardous Constituents | US EPA

Study says companies using “forever chemicals” in Texas oil and gas wells | The Texas Tribune