In a letter dated October 26, 2021, U.S. EPA Administrator Michael Regan pledged to take two actions in response to New Mexico’s Governor Michelle Lujan Grisham’s June 23, 2021 petition for listing perflouroalkyl and polyflouroalkyl substances (PFAS) as hazardous wastes under the Resource Conservation and Recovery Act (RCRA). Specifically, Administrator Regan announced that EPA would (1) initiate a rulemaking to clarify that RCRA Corrective Action authority applies to the cleanup of substances that meet the statutory definition of hazardous waste, and (2) initiate another rulemaking to add certain PFAS to the list of Hazardous Constituents under Appendix VIII of 40 CFR Part 261. Kanner & Whiteley was proud to work on the New Mexico team that drove this EPA response. Full press release available here.
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Phone: (504) 524-5777 | Fax: (504) 524-5763