On May 8, 2026, USEPA withdrew its proposed rule to classify nine PFAS as Resource Conservation and Recovery Act (RCRA) hazardous constituents. The agency stated that existing regulations already provide adequate authority to impose protective permit conditions and that adding the substances could create confusion for regulators and solid waste facility operators. As of 2026, approximately 3,700 to 4,000 priority facilities are undergoing cleanup under the RCRA Corrective Action Program. While the EPA indicates that over 5,000 facilities are generally subject to these statutory authorities, the active “Corrective Action Baseline” or “2020 Baseline” includes 3,779 sites that require focused remediation.
The USEPA proposed rule, published on February 8, 2024 (89 FR 8598), identified nine affected PFAS as follows:
Through the proposed rule, USEPA sought to align its regulations with the RCRA statutory requirement that facilities seeking permits conduct corrective action to address releases not only of substances listed or identified as hazardous waste in the regulations but of any substance that meets the statutory definition of hazardous waste. USEPA particularly intended the rule to provide clear authority to address, through corrective action in permits, releases of emerging contaminants that have not yet been listed or identified as hazardous waste under the regulations.
During the comment period, feedback on the proposed rule argued that it is unnecessary, as nearly all corrective actions address regulatory hazardous wastes and hazardous constituents demonstrated through years of program implementation. USEPA and authorized states have issued only a limited number of permits and section 3008(h) orders addressing substances that were not hazardous waste or hazardous constituents listed or identified by regulation. RCRA section 3005(c)(3) and USEPA’s implementing regulations at § 270.32 require that all permits already include such requirements as are necessary to protect human health and the environment, including any necessary conditions requiring an owner or operator to address releases of substances that are not hazardous waste or hazardous constituents under the regulations.
For these reasons, USEPA has determined that the rule is not necessary.
Additional RCRA Resources:
The EPA uses the Safe Drinking Water Act (SDWA) to identify and regulate emerging contaminants in drinking water that pose new risks to public health. Through the Contaminant Candidate List (CCL) and Unregulated Contaminant Monitoring Rule (UCMR 5), the EPA collects data to set future standards (e.g., Maximum Contaminant Levels).
Key Aspects of EPA Emerging Contaminants Actions include:
Emerging contaminants identified under the SDWA CCL and UCMR often have environmental implications that reach far beyond drinking water – e.g., wastewater/leachate, stormwater, environmental assessment and remediation, waste characterization, etc.
EPA recently proposed a list of emerging contaminants for its Sixth Contaminant Candidate List (CCL 6), now open for public comment. Comments must be received on or before June 01, 2026. The draft CCL 6 list includes four chemical groups – microplastics, pharmaceuticals, per- and polyfluoroalkyl substances (PFAS), and disinfection byproducts—as well as 75 chemicals and nine microbial contaminants that may be found in drinking water.
A few additional details:
For additional information regarding the CCL 6 proposal, see the following EPA webpages:
About the Author: Jeff Marshall, PE, is a Vice President of SCS Engineers and our National Expert on Emerging Contaminants (e.g., PFAS) and Innovative Technologies. He has over four decades of experience with emphasis on environmental chemistry (e.g., hydrogen sulfide generation at MSW landfills), environmental permitting and compliance (e.g., fumigation facilities), hazardous materials/waste management. site assessment/remediation, treatment technologies, and human health risk issues. He is a licensed professional engineer in five states. Contact Jeff or an SCS Engineers expert near you.
Join SCS Engineers at WEFTEC 2025, North America’s largest annual event for water quality professionals. Hosted by the Water Environment Federation, WEFTEC brings together thousands of innovators, engineers, operators, and industry leaders to exchange knowledge, explore cutting-edge technologies, and shape the future of water quality.
Why Visit SCS at WEFTEC?
Connect with our experts in wastewater, stormwater, and sustainable infrastructure
Learn how we’re solving complex water challenges with practical, science-driven solutions
Discover our latest innovations in water treatment, PFAS mitigation, and data-driven operations
Whether you’re joining a technical session, exploring the exhibit floor, or networking at one of the many events, don’t miss the opportunity to engage with the SCS team. We’re passionate about protecting our water resources—and partnering with communities, utilities, and industries to do it better.
Join SCS Engineers and San Diego Environmental Professionals for a case study of a real PFAS investigation at a commercial airport, Santa Maria public airport. Speaker and SCS Engineers Project Manager Chuck Houser will be sharing some of the experiences, pitfalls, and takeaways from doing this investigation.
SCSer J Morgan is heading to Myrtle Beach, South Carolina for the SWANA SC Palmetto Chapter 2025 Spring Conference on May 14-16. Join him for this multiple-day event to discuss the latest developments in the South Carolina solid waste industry. Topic discussions cover debris management, recycling and solid waste management, air space, PFAS, and more. Take part in the many networking opportunities, including a golf outing.
Secure your spot at this beach side event and register today!
Join SCSer Greg McCarron, PE, at the Federation of New York Solid Waste Conference with Trade Show on May 18-21 at the Sagamore in Bolton Landing, New York. This two-and-a-half-day event hosts over 75 technical sessions covering topics on industry updates, solid waste innovation, food waste solutions, PFAS risks and regulations, and more. This conference goes above and beyond with networking opportunities through the many extracurriculars offered, like kayaking, golfing, culinary demonstrations, and other exciting activities to discover.
Don’t miss this opportunity to connect with fellow solid waste professionals in New York, register now!
SCS Engineers is excited to participate in PFAS Forum V, taking place April 9–11, 2025, at the Rosen Centre Hotel in Orlando, Florida. This important event brings together environmental professionals, regulators, and industry leaders to deepen understanding of the challenges surrounding PFAS.
Attendees will explore current and emerging issues related to PFAS, including potential risks, regulatory and legal updates, as well as the latest innovations in monitoring, treatment, cleanup, and disposal technologies.
Click here to register and join us in advancing PFAS solutions. We look forward to connecting with you in Orlando!
Join our speakers and professionals at WasteExpo, North America’s largest tradeshow for solid waste, recycling, organics, and sustainability. Find us at Booth 2109, just inside the right main entrance. SCS Engineers partners with public and private sectors to improve efficiency in solid waste, renewable energy, materials management, and wastewater solutions. We help clients adapt to environmental, social, economic, and regulatory changes. Ask about wastewater, leachate, PFAS treatment, GHG and methane monitoring, sustainability planning, and compost pilot programs. Register now!
Sonya Betker – Food Recovery Forum on Monday, May 5, 9:00 AM – 10:15 AM
Plenary Session: Impact of Food Waste on Methane Emissions, Reducing Food Loss & Waste, Financing Food Waste Recovery and Organics Recycling, Mitigating Climate Effects. Mapping methane, financing recycling programs, and how the Circular Economy presents a transformative approach to addressing wasted food and unsustainable food production.
Bob Dick – Operations, Fleet & Safety on Monday, May 5, 10:00 AM – 11:00 AM
Safety Within Your Walls & Beyond – Shop, Fleet/Equipment & On the Street will address some areas you’ll want to examine more closely. Shop safety is essential to any fleet, but it is not often a top priority.
Brett Wilks – Food Recovery Forum on Monday, May 5, 12:15 PM – 2:00 PM
Solutions for Household Food Waste Reduction – Leveraging Research Data and Consumer Behavior. Includes Are You Going to Eat That? – A crash course in kitchen conservation and the motivation, opportunity, and ability to prevent and minimize food waste.
Dr. Erik Anderson – Organics Recycling on Monday, May 5, 1:00 PM – 2:15 PM
Anaerobic Digestion: technologies, selection criteria, case studies, and GHG reduction will cover the engineering and design considerations for the anaerobic digestion of waste organics and how to choose the right technology.
Pat Sullivan – Organics Recycling on Tuesday, May 6, 10:30 AM – 11:30 AM
Composting: Air Emissions, Economic Impact, Reducing Contamination is a jam-packed session covering the current state of air emissions data for composting facilities, contamination standards, and economic impacts of composting.
David Hostetter – Business Insights & Policy on Wednesday, May 7, 8:30 AM – 9:30 AM
Landfill Methane Emissions Regulations & Opportunity covers how regulators and environmental groups worldwide closely examine the climate effects of landfill methane emissions. This session will explore the rapidly evolving best practices to track and manage those emissions. Attendees will also get updates on current regulatory issues and how certain emerging measurement technologies fit into regulatory trends.
Waste to Play: Transforming Landfills into Disc Golf Courses
Join SCS for a unique off-site experience at WasteExpo 2025, where you’ll discover how landfills can be repurposed into thriving disc golf courses and play a round of Disc Golf! SCS Engineers and Innova Champion Discs host this event, combining education, sustainability, and fun. Perfect for innovative landfill redevelopment, outdoor recreation, and sustainability.
You will:
The ABA 54th Spring Conference on Environmental Law, March 26 – 28 in Philadelphia, PA., is where you join leading environmental, energy, and resources law professionals for knowledge-sharing, networking, and inspiration. The conference provides timely, topical updates on the latest opportunities and challenges facing the field of environmental law, with a deep dive into the fields of environmental compliance, energy, and resources law. Join – SEER – the Section of Environment, Energy, and Resources, to learn about the latest developments shaping the practice today and the long-term trends that will drive the future.
At the ABA 54th Spring Conference you will be able to engage in lively discussions with top practitioners, including environmental consultants, in-house counsel, and prominent scholars, as they tackle today’s most pressing legal challenges. The conference kicks off with plenary sessions examining critical issues such as Justice Alito’s reshaping of environmental jurisprudence and the evolution of environmental, social, and governance (ESG) frameworks. A special track of panels will explore the practical and legal complexities of navigating PRP groups, negotiating contracts in the PFAS era, and managing Clean Water Act Section 404 permitting. Sessions will also cover federal-interstate compacts and the legal intricacies of environmental compliance in a rapidly evolving regulatory landscape.
Panels will address cutting-edge topics like natural resource damage litigation, regulatory pathways for emerging contaminants, and the intersection of environmental criminal enforcement and climate-related challenges. Discussions will provide practical approaches to balancing the energy transition with national security, while also diving into the ethical implications of working with environmental consultants. Insights into global ESG trends, the federal air toxics program, and practical applications of environmental justice will equip attendees with actionable strategies they can apply to their work.
For law students and young professionals, a dedicated panel offers career-focused advice and actionable guidance for navigating transitions within the legal field. This session will highlight practical pathways to building a fulfilling career while fostering connections within the industry.
Whether you’re a seasoned expert or just starting out in your practice, join us in Philadelphia to forge new connections, gain fresh perspectives, and find inspiration among your peers in environmental, energy, and resources law. This is your opportunity to learn, grow, and build meaningful relationships—all in the vibrant and historic setting of the City of Brotherly Love and Sisterly Affection.
The Science of PFAS Conference is returning to Raleigh, North Carolina, on March 11-13. Join SCS National Expert of Liquids Management, Kerim Temel, PE, to explore the latest PFAS science and solutions. This year’s theme, “Piecing Together the Puzzle”, unites industry professionals from scientists to researchers to practitioners and more to tackle topics of the effects on health, regulatory approaches, PFAS guidance, and other relevant discussions.
Register now to take part in this exciting event.
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