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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 EPA (or “Agency”) is seeking public input and data regarding the potential future designation of seven per- and polyfluoroalkyl substances (“PFAS”) under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).