implications of PFAS on industry

May 1, 2026

Practical Implications for Industrial and Solid Waste Facilities and the Real Estate Industry

Following the EPA’s announcements on PFAS/PFOS destruction and disposal since 2023 and the most recent Interim Guidance in April 2026, trends indicate widespread implications for industrial facilities, the real estate industry, and the solid waste and wastewater industries. PFAS controls and liability frameworks under CERCLA/Superfund and RCRA are tightening rather than rolling back, increasing compliance planning, monitoring, and litigation risk.

• EPA finalized CERCLA hazardous substance designations for PFOA and PFOS (including salts and structural isomers) in April 2024; the rule took effect in July 2024 and is being defended by EPA amid ongoing D.C. Circuit litigation.
• EPA is evaluating whether to designate seven additional PFAS as CERCLA hazardous substances (PFBS, PFHxS, PFNA, HFPO–DA/GenX, PFBA, PFHxA, and PFDA), following an April 2023 ANPRM.
• For facilities and real estate transactions, the PFOA/PFOS CERCLA designations can affect Phase I ESA expectations, PRP determinations, closed-site reopeners, and release reporting; releases of ≥1 pound in 24 hours trigger CERCLA/EPCRA reporting obligations.
• EPA proposed listing nine PFAS as RCRA hazardous constituents in February 2024 and intends to finalize the rule in 2026, which could expand corrective action obligations for generators and TSDFs with relevant solid waste management units.

In April 2026, EPA updated its interim guidance on PFAS/PFOS destruction and disposal (Version 2, April 2024), identifying options with lower potential for environmental release, such as permitted Subtitle C hazardous waste landfills, permitted hazardous waste combustors, and permitted Class I injection wells. SCS Engineers has prepared an SCS Technical Bulletin to walk our clients through the announcements and discuss the impact and trends.

The PFAS Technical Bulletin is here, free and available for sharing on our website.