Democratic AGs Urge EPA to Move PFAS-T Against “Forever Chemicals”

  • A group of 14 Democratic AGs submitted a letter to the EPA in support of its proposed rule listing nine per- and polyfluoroalkyl substances (PFAS) compounds as hazardous constituents under the Resource Conservation and Recovery Act (RCRA).
  • In the comment letter, the AGs argue that the EPA’s proposed listing is supported by substantial evidence that the nine PFAS have toxic effects and is consistent with the RCRA’s objective of protecting human health and the environment. The AGs also assert that the EPA was correct in not considering the costs of listing the nine PFAS as RCRA hazardous constituents.
  • The AGs urge the EPA to finalize its proposed listing of the nine PFAS as hazardous constituents under the RCRA and to consider engaging in separate rulemaking to list certain other PFAS as hazardous waste.
  • As previously reported, PFAS have been the subject of litigation and other enforcement and regulatory action by AGs, including Indiana AG Todd Rokita’s lawsuit against 22 manufacturers, Connecticut AG William Tong’s lawsuits against 28 manufacturers, Ohio AG Dave Yost’s $110 million settlement with DuPont de Nemours, Inc., and lawsuits filed by Arizona, Maryland, Oregon, Rhode Island, and Washington.