8606 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 

§ 260.10 Definitions. 

* * * * * 

Hazardous waste means a hazardous 

waste as defined in § 261.3 of this 

chapter, except that, for purposes of 

§§ 264.101 and 270.14(d), ‘‘hazardous 

waste’’ means a waste that is subject to 

the requirements of RCRA section 

3004(u) and (v) as provided in 40 CFR 

261.1(b)(2). 

* * * * * 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 3. The authority citation for part 261 

is revised to read as follows: 

Authority: 42 U.S.C 6903(5), 6905, 

6912(a), 6921, 6922, 6924(u), 6924(v), 

6924(y), 6928(h), and 6938. 

■ 4. Section 261.1 is amended by 

revising the first sentence of paragraph 

(b)(2) and paragraphs (b)(2)(i) and (ii) to 

read as follows: 

§ 261.1 Purpose and scope. 

* * * * * 

(b)(2) This part identifies only some of 

the materials which are solid wastes and 

hazardous wastes under sections 

3004(u) and (v), 3007, 3008(h), 3013, 

and 7003 of RCRA. * * * 

(i) In the case of sections 3007 and 

3013, and in the case of activities, such 

as investigation and analysis, conducted 

to determine the need for and the extent 

of remediation necessary under sections 

3004(u) and (v) and 3008(h), EPA has 

reason to believe that the material may 

be a solid waste within the meaning of 

section 1004(27) of RCRA and a 

hazardous waste within the meaning of 

section 1004(5) of RCRA; or 

(ii) in the case of section 7003, and in 

the case of activities conducted for 

purposes of remediation under sections 

3004(u) and (v) and 3008(h), including 

remediation conducted as an interim 

measure, the statutory elements are 

established. 

* * * * * 

PART 270—EPA ADMINISTERED 

PERMIT PROGRAMS: THE 

HAZARDOUS WASTE PERMIT 

PROGRAM 

■ 5. The authority citation for part 270 

is revised to read as follows: 

Authority: 42 U.S.C 6903(5), 6905, 6912, 

6924, 6925, 6927, 6939, and 6974. 

■ 6. Section 270.2 is amended by 

revising the definition of ‘‘Hazardous 

waste’’ to read as follows: 

§ 270.2 Definitions. 

* * * * * 

Hazardous waste means a hazardous 

waste as defined in 40 CFR 261.3 except 

that, for purposes of § 270.14(d), 

‘‘hazardous waste’’ means a waste that 

is subject to the requirements of RCRA 

section 3004(u) and (v) as provided in 

40 CFR 261.1(b)(2). 

* * * * * 

[FR Doc. 2024–02328 Filed 2–7–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 261 and 271 

[EPA–HQ–OLEM–2023–0278; FRL–9248– 

01–OLEM] 

RIN 2050–AH26 

Listing of Specific PFAS as Hazardous 

Constituents 

AGENCY: Environmental Protection 

Agency (EPA) 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) is 

proposing to amend its regulation under 

the Resource Conservation and 

Recovery Act (RCRA) by adding nine 

specific per-and polyfluoroalkyl 

substances (PFAS), their salts, and their 

structural isomers, to its list of 

hazardous constituents. These nine 

PFAS are perfluorooctanoic acid 

(PFOA), perfluorooctanesulfonic acid 

(PFOS), perfluorobutanesulfonic acid 

(PFBS), hexafluoropropylene oxidedimer acid (HFPO–DA or GenX), 

perfluorononanoic acid (PFNA), 

perfluorohexanesulfonic acid (PFHxS), 

perfluorodecanoic acid (PFDA), 

perfluorohexanoic acid (PFHxA), and 

perfluorobutanoic acid (PFBA). EPA’s 

criteria for listing substances as 

hazardous constituents under RCRA 

require that they have been shown in 

scientific studies to have toxic, 

carcinogenic, mutagenic, or teratogenic 

effects on humans or other life forms. 

EPA reviewed and evaluated key 

toxicity and epidemiological studies 

and assessments for the nine PFAS to 

determine whether the available data for 

these PFAS meet the Agency’s criteria 

for listing substances as hazardous 

constituents under RCRA. Based on 

EPA’s evaluation, the above nine PFAS, 

their salts, and their structural isomers 

meet the criteria for being listed as 

RCRA hazardous constituents. As a 

result of this proposed rule, if finalized, 

when corrective action requirements are 

imposed at a facility, these PFAS would 

be among the hazardous constituents 

expressly identified for consideration in 

RCRA facility assessments and, where 

necessary, further investigation and 

cleanup through the RCRA corrective 

action process at RCRA treatment, 

storage, and disposal facilities. 

DATES: Comments must be received on 

or before April 8, 2024. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OLEM–2023–0278, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

OLEM Docket, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand Delivery or Courier: EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. For further information 

on EPA Docket Center services and the 

current status, please visit us online at 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Narendra Chaudhari, Office of Resource 

Conservation and Recovery (5304T), 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460; telephone number 202–566– 

0495; email address: 

Chaudhari.narendra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation 

A. Written Comments 

II. General Information 

A. Does this action apply to me? 

B. What action is the Agency taking? 

C. Why is the Agency taking this action? 

D. Impacts of the Proposed Rule 

E. What are the incremental costs and 

benefits of this action? 

III. Legal Authority 

A. What is the Agency’s authority for 

taking this action? 

B. RCRA Sections 3001 and 3004(u) 

Preclude Consideration of Cost in 

Identifying Hazardous Constituents 

IV. Background 

A. What are PFAS? 

B. What has been learned from PFAS 

toxicity studies? 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 8607 

V. Review of the Available Toxicity and 

Health Effects Information for PFAS 

A. PFAS Identified To Have Sufficient 

Information To Be Evaluated for 

Appendix VIII Listing Criteria 

B. Summary of Toxicity and Health Effects 

Information for the Nine PFAS 

C. EPA’s Proposed Conclusions on 

Whether the Nine PFAS, Their Salts, and 

Their Structural Isomers Meet the 

Criteria for Listing on Appendix VIII 

VI. State Authorization 

A. Applicability of the Rule in Authorized 

States 

B. Effect on State Authorization 

VII. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations; Executive Order 14096: 

Revitalizing Our Nation’s Commitment 

to Environmental Justice for All 

VIII. References 

List of Abbreviations and Acronyms 

The following list is for reference only 

and is not exhaustive: 

AFFF Aqueous film-forming foam 

ATSDR Agency for Toxic Substances and 

Disease Registry 

CDC Centers for Disease Control and 

Prevention 

CERCLA Comprehensive Environmental 

Response, Compensation, and Liability Act 

CFR Code of Federal Regulations 

ECF Electrochemical fluorination 

EJ Environmental justice 

EPA Environmental Protection Agency 

FR Federal Register 

GenX Processing aid technology that 

includes Hexafluoropropylene OxideDimer acid and its ammonium salt 

HFPO–DA Hexafluoropropylene OxideDimer acid 

HSWA Hazardous and Solid Waste 

Amendments of 1984 

mg/kg milligram per kilogram 

mg/kg/day milligram per kilogram per day 

NAICS North American Industrial 

Classification System 

OMB Office of Management and Budget 

PBI Proprietary Business Information 

PFAS Per- and polyfluoroalkyl substances 

PFBA Perfluorobutanoic acid 

PFBS Perfluorobutanesulfonic acid 

PFDA Perfluorodecanoic acid 

PFHxA Perfluorohexanoic acid 

PFHxS Perfluorohexanesulfonic acid 

PFNA Perfluorononanoic acid 

PFOA Perfluorooctanoic acid 

PFOS Perfluorooctanesulfonic acid 

RCRA Resource Conservation and Recovery 

Act 

RFA Regulatory Flexibility Act 

RfD Reference dose 

SWMU Solid Waste Management Unit 

TSDFs Treatment, storage, and disposal 

facilities 

UMRA Unfunded Mandates Reform Act 

U.S. United States 

U.S.C. United States Code 

I. Public Participation 

A. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OLEM–2023– 

0278, at https://www.regulations.gov 

(our preferred method), or the other 

methods identified in the ADDRESSES

section. Once submitted, comments 

cannot be edited or removed from the 

docket. EPA may publish any comment 

received to its public docket. Do not 

submit to EPA’s docket at https://

www.regulations.gov any information 

you consider to be Proprietary Business 

Information (PBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about PBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

For further information and updates 

on EPA Docket Center services, please 

visit us online at https://www.epa.gov/ 

dockets. 

EPA continues to monitor information 

carefully and continuously from the 

Centers for Disease Control and 

Prevention (CDC), local area health 

departments, and our Federal partners 

so that we can respond rapidly as 

conditions change regarding COVID–19. 

II. General Information 

A. Does this action apply to me? 

The purpose of this proposed 

rulemaking is to add nine PFAS, their 

salts, and their structural isomers, to the 

list of hazardous constituents in 40 CFR 

part 261 Appendix VIII (Appendix VIII). 

Entities potentially affected by this 

action include hazardous waste 

treatment, storage, and disposal 

facilities (TSDFs) with solid waste 

management units (SWMUs) that have 

released or could release any of the 

PFAS proposed to be listed as RCRA 

hazardous constituents. EPA has 

identified 1,740 such facilities, which 

could be subject to additional corrective 

action requirements (pursuant to RCRA 

section 3004(u) and (v)) to address 

releases not already subject to corrective 

action pursuant to EPA’s corrective 

action regulations. 

The following list of North American 

Industrial Classification System 

(NAICS) codes is not intended to be 

exhaustive, but rather provides a guide 

for readers to determine whether this 

action may affect them. For further 

details about the potentially affected 

universe of facilities, refer to Section 3.2 

of the draft Economic Assessment of the 

Potential Costs, Benefits, and Other 

Impacts of the Proposed Rulemaking to 

List Specific PFAS as RCRA Hazardous 

Constituents (Ref. 41), which can be 

found in the public docket for this 

action. Potentially affected entities may 

include: 

TABLE II–1—POTENTIALLY AFFECTED ENTITIES

NAICS 

(3-digits) NAICS description Universe of facilities 

Facilities with 

higher 

likelihood 

of handling 

PFAS 

111 ............... Crop Production ............................................................................................................................ 2 ........................

115 ............... Support Activities for Agriculture and Forestry ............................................................................. 1 ........................

211 ............... Oil and Gas Extraction .................................................................................................................. 2 1 

213 ............... Support Activities for Mining ......................................................................................................... 2 ........................


lotter on DSK11XQN23PROD with PROPOSALS1
8608 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 

TABLE II–1—POTENTIALLY AFFECTED ENTITIES—Continued 

NAICS 

(3-digits) NAICS description Universe of facilities 

Facilities with 

higher 

likelihood 

of handling 

PFAS 

221 ............... Utilities ........................................................................................................................................... 25 1 

233 ............... Building, Developing, and General Contracting ............................................................................ 1 ........................

238 ............... Specialty Trade Contractors .......................................................................................................... 2 ........................

311 ............... Food Manufacturing ...................................................................................................................... 3 ........................

312 ............... Beverage and Tobacco Product Manufacturing ........................................................................... 1 ........................

313 ............... Textile Mills .................................................................................................................................... 4 4 

321 ............... Wood Product Manufacturing ........................................................................................................ 52 ........................

322 ............... Paper Manufacturing ..................................................................................................................... 3 1 

323 ............... Printing and Related Support Activities ........................................................................................ 1 ........................

324 ............... Petroleum and Coal Products Manufacturing ............................................................................... 79 76 

325 ............... Chemical Manufacturing ................................................................................................................ 335 278 

326 ............... Plastics and Rubber Products Manufacturing ............................................................................... 14 9 

327 ............... Nonmetallic Mineral Product Manufacturing ................................................................................. 23 9 

331 ............... Primary Metal Manufacturing ........................................................................................................ 68 1 

332 ............... Fabricated Metal Product Manufacturing ...................................................................................... 68 28 

333 ............... Machinery Manufacturing .............................................................................................................. 20 ........................

334 ............... Computer and Electronic Product Manufacturing ......................................................................... 46 19 

335 ............... Electrical Equipment, Appliance, and Component Manufacturing ................................................ 12 3 

336 ............... Transportation Equipment Manufacturing ..................................................................................... 64 ........................

337 ............... Furniture and Related Product Manufacturing .............................................................................. 1 ........................

339 ............... Miscellaneous Manufacturing ........................................................................................................ 14 2 

422 ............... Wholesale Trade, Nondurable Goods ........................................................................................... 6 ........................

423 ............... Merchant Wholesalers, Durable Goods ........................................................................................ 14 ........................

424 ............... Merchant Wholesalers, Nondurable Goods .................................................................................. 38 38 

447 ............... Gasoline Stations .......................................................................................................................... 1 ........................

454 ............... Non-store Retailers ....................................................................................................................... 1 ........................

481 ............... Air Transportation .......................................................................................................................... 3 ........................

482 ............... Rail Transportation ........................................................................................................................ 4 ........................

484 ............... Truck Transportation ..................................................................................................................... 2 ........................

486 ............... Pipeline Transportation ................................................................................................................. 4 ........................

488 ............... Support Activities for Transportation ............................................................................................. 11 1 

493 ............... Warehousing and Storage ............................................................................................................ 22 ........................

519 ............... Other Information Services ........................................................................................................... 1 ........................

525 ............... Funds, Trusts, and Other Financial Vehicles ................................................................................ 3 ........................

531 ............... Real Estate .................................................................................................................................... 12 ........................

532 ............... Rental and Leasing Services ........................................................................................................ 4 ........................

541 ............... Professional, Scientific, and Technical Services .......................................................................... 39 ........................

551 ............... Management of Companies and Enterprises ............................................................................... 2 ........................

561 ............... Administrative and Support Services ............................................................................................ 22 ........................

562 ............... Waste Management and Remediation Services ........................................................................... 461 359 

611 ............... Educational Services ..................................................................................................................... 31 ........................

621 ............... Ambulatory Health Care Services ................................................................................................. 2 ........................

622 ............... Hospitals ........................................................................................................................................ 3 ........................

811 ............... Repair and Maintenance ............................................................................................................... 7 ........................

813 ............... Religious, Grantmaking, Civic, Professional, and Similar Organizations ..................................... 2 ........................

921 ............... Executive, Legislative, and Other General Government Support ................................................. 13 ........................

922 ............... Justice, Public Order, and Safety Activities .................................................................................. 2 ........................

924 ............... Administration of Environmental Quality Programs ...................................................................... 9 ........................

925 ............... Administration of Housing Programs, Urban Planning, and Community Development ............... 1 ........................

926 ............... Administration of Economic Programs .......................................................................................... 3 ........................

927 ............... Space Research and Technology ................................................................................................. 5 ........................

928 ............... National Security and International Affairs .................................................................................... 142 1 

Missing ......... ........................................................................................................................................................ 27 ........................

Total ...... ........................................................................................................................................................ 1,740 831 

Notes: 1. This proposed rule only lists specific PFAS as hazardous constituents in 40 CFR part 261, Appendix VIII. EPA notes that listing 

these PFAS as RCRA hazardous constituents does not make them, or the wastes containing them, RCRA hazardous wastes. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 8609 

1All references to PFOA, PFOS, PFBS, HFPO–DA 

(or GenX), PFNA, PFHxS, PFDA, PFHxA, and PFBA 

or to all nine PFAS in this notice are meant to 

include their salts and their linear and branched 

structural isomers, except where the notice 

expressly distinguishes the different forms. The 

CASRN for the linear acid version is given for 

reference. Linear and branched structural isomers 

maintain the carboxylic acid and sulfonic acid 

functional groups, respectively, but have different 

arrangements of the carbon atoms in the fluorinated 

carbon chain. The reference to HFPO–DA only 

applies to the specific structural isomer noted, 

including both enantiomers. 

2The eleven factors to be considered are: 

constituent toxicity, concentration, migration 

potential, persistence, degradation product 

potential, bioaccumulation potential, plausible 

management scenarios, waste quantity, damage 

cases, coverage by other regulatory programs, and 

other factors as may be appropriate. 

B. What action is the Agency taking? 

This action is proposing to amend 

EPA’s regulations under RCRA by 

listing the following nine PFAS (names 

given for acid forms below), their salts, 

and their structural isomers 1 as 

hazardous constituents in 40 CFR part 

261 Appendix VIII: 

1. Perfluorooctanoic acid (PFOA; CASRN 

335–67–1). PFOA is an eight-carbon 

molecule with seven fully fluorinated carbon 

atoms and one carboxylic acid functional 

group. It has been used as a processing aid 

to produce fluoropolymers and has been 

found in cleaning agents, waxes, aqueous 

film-forming foam (AFFF), and other 

products. 

2. Perfluorooctanesulfonic acid (PFOS; 

CASRN 1763–23–1). PFOS is a fully 

fluorinated eight-carbon molecule with one 

sulfonic acid functional group. It has been 

used in AFFF, in surface treatments of 

textiles to provide oil and water resistance, 

in metal plating, and other uses and 

industries. 

3. Perfluorobutanesulfonic acid (PFBS; 

CASRN 375–73–5). PFBS is a fully 

fluorinated four-carbon molecule with one 

sulfonic acid group. It has been used as a 

replacement for PFOS and has been used in 

the manufacture of paints and cleaning 

agents, metal plating, AFFF, to provide oil 

and water resistance, and other uses and 

industries. 

4. Hexafluoropropylene oxide-dimer acid 

(HFPO–DA or GenX; CASRN 13252–13–6). 

HFPO–DA is a six-carbon molecule 

consisting of five fully fluorinated carbon 

atoms, one ether functional group, and one 

carboxylic acid functional group. HFPO–DA 

is a chemical associated with GenX 

processing aid technology used to make 

fluoropolymers without the use of PFOA. 

5. Perfluorononanoic acid (PFNA; CASRN 

375–95–1). PFNA is a nine-carbon molecule 

with eight fully fluorinated carbon atoms and 

one carboxylic acid functional group. It has 

been used as a processing aid to produce 

fluoropolymers and has been used or found 

in metal plating, cleaning agents, waxes, 

AFFF, energetic materials, and other 

products. 

6. Perfluorohexanesulfonic acid (PFHxS; 

CASRN 355–46–4). PFHxS is a fully 

fluorinated six-carbon molecule with one 

sulfonic acid functional group. It has been 

used in AFFF, in surface treatments of 

textiles to provide oil and water resistance, 

in metal plating, and other uses and 

industries. 

7. Perfluorodecanoic acid (PFDA; CASRN 

335–76–2). PFDA is a ten-carbon molecule 

with nine fully fluorinated carbon atoms and 

a carboxylic acid functional group. It has 

been used as a processing aid to produce 

fluoropolymers and has been used or found 

in metal plating solutions, cleaning agents, 

waxes, AFFF, and other products. 

8. Perfluorohexanoic acid (PFHxA; CASRN 

307–24–4). PFHxA is a six-carbon molecule 

with five fully fluorinated carbon atoms and 

a carboxylic acid functional group. It has 

been used or found in metal plating 

solutions, cleaning agents, waxes, AFFF, and 

other products. 

9. Perfluorobutanoic acid (PFBA; CASRN 

375–22–4). PFBA is a four-carbon molecule 

with three fully fluorinated carbon atoms and 

one carboxylic acid functional group. It has 

been used or found in metal plating, cleaning 

agents, waxes, AFFF, energetic materials, and 

other products. 

In addition, if finalized, this action 

would add this listing action, as it 

would apply for corrective action 

purposes, to Table 1 in 40 CFR 271.1. 

Table 1 in 40 CFR 271.1 identifies the 

Federal program requirements that are 

promulgated pursuant to HSWA and 

take effect in all States, regardless of 

their authorization status. 

C. Why is the Agency taking this action? 

EPA is proposing to list the nine 

PFAS, their salts, and their structural 

isomers as RCRA hazardous 

constituents because animal and 

epidemiological studies and 

assessments have shown that exposure 

to these PFAS have toxic and adverse 

effects in animals, humans, or both. The 

toxic and adverse effects include 

reproductive effects, developmental 

effects, increased risk of some cancers, 

reduced immune system response, and 

increased cholesterol levels (Refs. 1 and 

2). 

In addition, EPA has received three 

petitions requesting that the Agency 

take regulatory actions on PFAS under 

RCRA. The petitions were submitted by 

Public Employees for Environmental 

Responsibility (PEER), Environmental 

Law Clinic of University of California, 

Berkeley (UC Berkeley), and the 

Governor of New Mexico. PEER’s 

petition, submitted on September 19, 

2019, requested that EPA develop 

regulations for listing wastes containing 

PFAS (long-chain and short chain) as 

hazardous wastes under Subtitle C of 

RCRA to ensure the safe management 

and disposal of these wastes (Ref. 3). UC 

Berkeley’s petition, submitted on 

January 15, 2020, on behalf of six 

community and environmental 

advocacy groups from six different 

states (California, Alaska, North 

Carolina, Pennsylvania, Michigan, and 

Colorado), requested that EPA 

promulgate regulations listing wastes 

containing PFOA, PFOS, GenX 

chemicals (including HFPO–DA and its 

ammonium salt), or any combination of 

these, as hazardous wastes and that the 

RCRA hazardous waste listings for 

PFOA and PFOS wastes extend to cover 

the full chemical subclass of each (longchain perfluoroalkyl carboxylates and 

sulfonates) (Ref. 4). The Governor of 

New Mexico’s petition, submitted on 

June 23, 2021, incorporated the above 

two petitions by reference and requested 

a timely listing of PFAS, as a class of 

chemicals, as hazardous wastes under 

the RCRA Subtitle C regulations, or in 

the alternative, a listing of individual 

PFAS chemicals as hazardous wastes 

under the regulations (Ref. 5). EPA acted 

upon the Governor of New Mexico’s 

petition with its October 26, 2021 letter 

(Ref. 6). EPA indicated in that letter that 

it would be initiating the rulemaking 

process for two rulemakings. This 

proposal, along with EPA’s proposal 

titled Definition of Hazardous Waste 

Applicable to Corrective Action for 

Releases from Solid Waste Management 

Units, constitute initiation of those 

rulemakings. 

EPA evaluated the information in the 

above three petitions in addition to the 

toxicity and health effects data available 

for PFAS and determined that the 

existing data for PFAS supports listing 

the nine PFAS, their salts, and their 

structural isomers at issue in this action 

as RCRA hazardous constituents in 40 

CFR part 261 Appendix VIII (see section 

V for additional information). 

A hazardous constituent listing is a 

step toward a potential hazardous waste 

listing. To list a waste as a RCRA 

hazardous waste under 40 CFR 

261.11(a)(3), the Agency must show that 

the waste contains a hazardous 

constituent listed on Appendix VIII and 

determine that it is capable of posing a 

substantial hazard. This determination 

requires EPA to collect and carefully 

consider information on the eleven 

regulatory factors specified in 40 CFR 

261.11(a)(3).2 If finalized, this 

hazardous constituent listing would 

form part of the basis for any future 

action the Agency may take to list these 

substances as a hazardous waste. EPA 

will continue to evaluate available data 

to determine whether a future regulatory 

action to list certain PFAS, or waste 

containing such PFAS, as regulatory 

hazardous waste is appropriate. In the 

meantime, based on the toxicity and 

human health effects data available and 


lotter on DSK11XQN23PROD with PROPOSALS1
8610 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 

3For example, see, PFAS Strategic Roadmap, 

EPA’s Commitment to Action 2021–2024, https://

www.epa.gov/system/files/documents/2021-10/ 

pfas-roadmap_final-508.pdf. 

4EPA, in addition, proposed to include 

constituents appearing in 40 CFR part 264 

Appendix IX as hazardous constituents subject to 

corrective action. 55 FR at 30809. 

5A facility-specific administrative record would 

still be needed to support corrective action 

measures imposed on the basis of protection of 

human health or the environment. 

evaluated by EPA for each of the nine 

PFAS, EPA is moving forward with this 

regulatory action under RCRA to add 

the nine PFAS, their salts, and their 

structural isomers, as hazardous 

constituents in 40 CFR part 261 

Appendix VIII. 

Finally, EPA is proposing to designate 

these PFAS as hazardous constituents so 

that when corrective action 

requirements are imposed by program 

implementers these PFAS would be 

among the constituents expressly 

identified for consideration in RCRA 

facility assessments, and where 

necessary, further investigation and 

cleanup through the RCRA corrective 

action process at RCRA TSDFs. 

D. Impacts of the Proposed Rule 

EPA is proposing to list nine PFAS, 

their salts, and their structural isomers, 

as RCRA hazardous constituents in 40 

CFR part 261 Appendix VIII. The 

Appendix VIII list of hazardous 

constituents does not by itself impose 

regulatory requirements. Rather, 

references to hazardous constituents are 

found in various sections of the Federal 

hazardous waste regulations in Parts 

261, 264, 265, 268, and 270. 

The principal impacts of this rule will 

be on the RCRA Corrective Action 

Program. EPA expects that the proposed 

rule, combined with the Agency’s 

increased attention to addressing risks 

associated with PFAS,3 would facilitate 

and likely result in additional corrective 

action to address releases of specific 

PFAS listed as RCRA hazardous 

constituents. RCRA section 3004(u) 

requires that any permit issued to a 

TSDF after November 8, 1984 require 

corrective action for all releases of 

hazardous waste or hazardous 

constituents from solid waste 

management units at the facility. In the 

1990 Subpart S proposed corrective 

action rule (see 55 FR 30798; July 27, 

1990), EPA stated its view that the use 

of the phrase ‘‘hazardous waste or 

constituents’’ in section 3004(u) 

indicates that Congress was particularly 

concerned that the Agency use its 

corrective action authority to address 

hazardous constituents and stated that 

the term ‘‘hazardous constituents’’ in 

section 3004(u) means those 

constituents found in Appendix VIII.4

Thus, hazardous constituents listed on 

Appendix VIII are assessed for and 

addressed as part of the corrective 

action process as necessary to protect 

human health and the environment. As 

a result of this proposed rule, nine 

PFAS, their salts, and their structural 

isomers would be among the hazardous 

constituents expressly identified for 

consideration in RCRA facility 

assessments and, where necessary, 

further investigation and cleanup 

through the corrective action process.5

Additional discussion of this topic can 

be found in the draft Economic 

Assessment (Ref. 41). Applicability of 

the rule in authorized states and effect 

on state authorization are discussed in 

Section VI of this preamble. 

While various RCRA regulatory 

provisions, unrelated to corrective 

action, reference hazardous 

constituents, EPA expects that any 

impacts from those references would be 

negligible, as EPA expects that the 

processes and procedures currently in 

place to meet the requirements of these 

regulations would likely address PFAS 

as well as other constituents already on 

Appendix VIII. Furthermore, there are 

also a few references to hazardous 

constituents or Appendix VIII in other, 

non-RCRA, EPA regulations; EPA also 

believes the impacts from these 

regulations would be negligible. 

The scope of this proposal is limited. 

Listing these PFAS as RCRA hazardous 

constituents does not make them, or the 

wastes containing them, RCRA 

hazardous wastes. Additionally, only 

facilities that are hazardous waste 

TSDFs are subject to RCRA corrective 

action. 42 U.S.C. 3004(u), (v). Therefore, 

EPA anticipates that, for example, a 

facility such as a publicly owned 

treatment works (POTW), would not be 

potentially affected by the RCRA 

corrective action requirements unless 

the facility is a hazardous waste TSDF. 

Finally, the domestic sewage exclusion 

in 40 CFR 261.4(a)(1), which excludes 

domestic sewage and any mixture of 

domestic sewage and other wastes that 

passes through a sewer system from 

being considered solid wastes (with 

some exceptions), applies to the POTW 

influent. 

Similarly, solid waste disposal 

facilities, such as municipal waste, or 

construction and demolition landfills 

would not be potentially affected by the 

RCRA corrective action requirements 

unless such facilities also operate as 

hazardous waste TSDFs. 

EPA solicits comment on the impacts 

of this rule on the RCRA Corrective 

Action Program and the interaction with 

other existing RCRA regulatory 

provisions including those noncorrective action provisions that 

reference hazardous constituents. 

E. What are the incremental costs and 

benefits of this action? 

EPA has evaluated the potential 

impacts and associated costs and 

benefits of this proposed rule. The draft 

Economic Assessment (EA) for this 

action, Economic Assessment of the 

Potential Costs, Benefits, and Other 

Impacts of the Proposed Rulemaking to 

List Specific PFAS as RCRA Hazardous 

Constituents (Ref. 41), is available in the 

docket for this action. If finalized, the 

quantifiable direct annual social cost of 

this proposed rule is estimated to be 

negligible, as EPA anticipates no 

significant direct impacts (see Sections 

II.A. and II.D. of this preamble). 

However, listing the specific PFAS as 

RCRA hazardous constituents may have 

indirect, indeterminate impacts 

associated with potential increases in 

the speed, extent, and total number of 

corrective action activities at certain 

TSDFs to address PFAS releases. Such 

potential increases are dependent upon 

subsequent actions and numerous 

factors, including decisions made and 

implemented by the permitting 

authority regarding associated corrective 

actions at certain TSDFs. 

RCRA Corrective Action Program 

implementers already have authority to 

require investigation and cleanup at 

RCRA TSDFs for substances not 

identified as hazardous constituents 

either through state cleanup regulations, 

or through the authority provided by 

section 270.32(b)(2), EPA’s omnibus 

authority, and authorized state 

analogues. In addition, cleanup at 

TSDFs can also be required or 

conducted pursuant to CERCLA, such as 

ongoing DOD PFAS investigations and 

responses under CERCLA. EPA has also 

proposed to designate certain PFAS as 

CERCLA hazardous substances (see 87 

FR 54415; September 6, 2022). It is 

uncertain how many investigative and 

response actions for releases of these 

nine PFAS, and their salts, and 

structural isomers, would occur under 

the authority of this rule that would not 

have occurred absent this rule under 

one of these other authorities. 

While there are significant 

uncertainties about potential indirect 

impacts and the precise costs and 

benefits associated with corrective 

action are nonquantifiable due to these 

significant uncertainties, EPA provides 

hypothetical scenarios for how 

corrective action activity costs may 

increase for certain TSDFs as a result of 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 8611 

6RCRA section 3001(a) and (b), 42 U.S.C. 6921(a), 

(b). 

7Hazardous Waste Management System: 

Identification and Listing of Hazardous Waste, 45 

FR 33084, May 19, 1980. 

8Section 3004(u) provides that ‘‘standards 

promulgated under this section shall require, and 

a permit issued . . . by the Administrator or a State 

shall require, corrective action for all releases of 

hazardous waste or constituents from any solid 

waste management unit . . . regardless of the time 

at which waste was placed in such unit.’’ 

addressing PFAS contamination. EPA 

also considers potential indirect benefits 

associated with corrective action, 

including avoided risk exposures, 

improved waste management practices, 

and improved quality of information 

about PFAS cleanup efforts. Other 

indirect effects may be experienced as a 

result of hastened investigative and 

cleanup activities that would otherwise 

be implemented pursuant to RCRA or 

other authorities which are not 

predicated upon a hazardous 

constituent determination. The full 

discussion of direct and indirect 

impacts is presented in the EA, which 

can be found in the public docket. EPA 

requests comment on specific aspects of 

the EA; see EA sections 4.3.3.1, 4.3.3.2, 

and 5.3.4.5. EPA also solicits comment 

on whether the potential impacts of this 

rulemaking may be affected by the 

availability of other authorities that 

program implementers might rely on to 

satisfy corrective action requirements to 

address PFAS at RCRA facilities 

including other RCRA authorities such 

as omnibus permitting authority and 

RCRA section 7003, and CERCLA. 

III. Legal Authority 

A. What is the Agency’s authority for 

taking this action? 

EPA is proposing these regulations 

under the authority of sections 2002(a), 

3001, and 3004 of the Solid Waste 

Disposal Act of 1965, as amended by the 

Resource Conservation and Recovery 

Act of 1976 (RCRA), as amended, by the 

Hazardous and Solid Waste 

Amendments of 1984 (HSWA), among 

other amendments, 42 U.S.C. 6912(a), 

6921, and 6924. These public laws 

combined are commonly referred to as 

the ‘‘Resource Conservation and 

Recovery Act’’ (RCRA) and will be 

referred to as such for the remainder of 

this notice. 

RCRA was enacted to effectively 

manage hazardous and solid wastes and 

thereby protect human health and the 

environment. RCRA 2002(a) provides 

EPA the general authority to prescribe 

regulations to carry out the functions of 

RCRA. RCRA section 3001 provides 

EPA with the authority to promulgate 

criteria for identifying and listing 

hazardous waste, and to identify and list 

hazardous wastes based on those 

criteria.6 On May 19, 1980, EPA 

promulgated the initial list of hazardous 

constituents under this authority, which 

serve as part of the criteria for listing 

hazardous wastes,7 40 CFR part 261, 

Appendix VIII. EPA has amended 

Appendix VIII several times to list or 

delete hazardous constituents. The 

criteria for listing substances as RCRA 

hazardous constituents on Appendix 

VIII are specified under 40 CFR 

261.11(a)(3). The criteria state that 

substances will be listed on Appendix 

VIII ‘‘only if they have been shown in 

scientific studies to have toxic, 

carcinogenic, mutagenic or teratogenic 

effects on humans or other life forms.’’ 

The 1984 Hazardous and Solid Waste 

Amendments (HSWA) to RCRA 

expanded EPA’s authority to address 

releases of hazardous waste and 

constituents at RCRA treatment, storage, 

and disposal facilities. This includes 

section 3004(u) and (v) of RCRA, which 

provides for corrective action 

requirements at permitted facilities. 

Section 3004(u) authorizes EPA to 

promulgate standards requiring 

corrective action for all releases of 

hazardous waste and hazardous 

constituents from solid waste 

management units at permitted 

hazardous waste treatment, storage, or 

disposal facilities regardless of the time 

at which waste was placed in the units.8

Section 3004(u) further mandates that 

permits require financial assurance for 

completion of corrective action. 

Section 3004(v) directed EPA to 

require that corrective action be taken 

beyond facility boundaries where 

necessary to protect human health and 

the environment unless facility owners/ 

operators demonstrate to the Agency’s 

satisfaction that, despite their best 

efforts, they were unable to obtain the 

necessary permission to undertake offsite corrective action. 40 CFR 264.101 

essentially codifies these RCRA section 

3004(u) and (v) requirements. EPA has 

interpreted the hazardous constituents 

subject to corrective action as including 

those constituents identified in 40 CFR 

part 261 Appendix VIII and 40 CFR part 

264 Appendix IX, 55 FR 30798, 30809 

(July 27, 1990). 

A significant part of EPA’s objective 

in proposing to add the new 

constituents to Appendix VIII is to 

ensure that releases of those substances 

can be effectively and efficiently 

considered and addressed through 

corrective action. In addition, the 

principal regulatory impact of this 

action would be to expand the scope of 

constituents subject to routine 

consideration in the corrective action 

process. Therefore, EPA is relying on its 

authority under RCRA section 3004(u) 

to propose listing these PFAS as 

hazardous constituents for the purposes 

of corrective action. 

B. RCRA Sections 3001 and 3004(u) 

Preclude Consideration of Cost in 

Identifying Hazardous Constituents 

In RCRA section 3001, Congress 

directed EPA to promulgate criteria for 

identifying the characteristics of 

hazardous waste and listing hazardous 

waste. Cost has no bearing on whether 

a material is hazardous, under the 

ordinary meaning of the word. 

Consistent with this ordinary meaning, 

Congress directed EPA to take into 

account ‘‘toxicity, persistence, and 

degradability in nature, potential for 

accumulation in tissue, and other 

related factors such as flammability, 

corrosiveness, and other hazardous 

characteristics.’’ RCRA section 3001(a); 

see also, RCRA section 3001(b) (‘‘such 

as identified carcinogens, mutagens, or 

teratogens’’). These statutory factors 

focus on various hazardous 

characteristics. Congress did not list 

cost as a required or permissible factor, 

and none of the Congressionally-listed 

statutory factors encompass a 

consideration of costs. This reflects the 

Agency’s longstanding position. See, 

Hazardous Waste Management System: 

Identification and Listing of Hazardous 

Waste, 45 FR 33084, 33089, May 19, 

1980. Additionally, determining 

whether something is ‘‘toxic’’ or has any 

of the other identified characteristics 

described in section 3001 does not 

naturally lend itself to considerations of 

cost—that is, whether a substance is or 

is not toxic is determined by examining 

the properties of the substance at issue. 

In carrying out this statutory 

obligation, EPA has promulgated 

regulatory criteria for adding 

constituents to Appendix VIII. 

Consistent with the health- and hazardrelated factors identified in section 

3001(a) and (b), these criteria (‘‘toxic, 

carcinogenic, mutagenic or teratogenic 

effects on humans or other life forms.’’), 

40 CFR 261.11(a)(3), do not include cost 

nor does cost have any bearing or 

relevance on them. 

EPA interprets the RCRA section 

3004(u) corrective action standardsetting authority as authorizing the 

identification of hazardous constituents 

subject to corrective action. Moreover, 

Congress identified Appendix VIII as 

the source for the hazardous 

constituents referenced in 3004(u). See 


lotter on DSK11XQN23PROD with PROPOSALS1
8612 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 

H.R. REP. 98–198, 98th Cong., 1st Sess., 

pt. 1 at 60–61 (1983), reprinted in 1984 

U.S.C.C.A.N. 5576, 5619–20. (‘‘The term 

‘hazardous constituent’ as used in this 

provision is intended to mean those 

constituents listed in Appendix VIII of 

the RCRA regulations.’’). As discussed 

above, cost is not a relevant 

consideration under the ordinary 

meaning of ‘‘hazardous.’’ Thus, as under 

section 3001, cost may not be 

considered in identifying hazardous 

constituents under section 3004(u). 

If finalized, this rule may have 

indirect, indeterminate costs and 

benefits associated with the speed, 

extent, and total number of corrective 

action activities at certain TSDFs to 

address these nine PFAS, their salts, 

and their structural isomers. EPA has 

presented cost and benefit information 

consistent with Executive Order 12866 

in the EA for this rule, but these costs 

and benefits do not form any part of 

EPA’s decision to designate these PFAS 

substances as hazardous constituents. 

IV. Background 

A. What are PFAS? 

Per- and polyfluoroalkyl substances, 

also known as PFAS, are a class of 

manufactured chemicals that have been 

widely used in many industrial and 

consumer products since the 1940s, and 

they are still being used today. PFAS 

have been or are currently being 

manufactured for a variety of different 

uses, ranging from adhesives, coatings 

for clothes and furniture, fire-fighting 

foam, and other uses. PFAS have been 

released into the environment during 

the manufacturing process and from 

various uses in industrial, commercial, 

and consumer settings. 

PFAS have carbon chains with 

fluorine atoms attached to the carbons 

potentially linked to functional groups. 

Because the carbon-fluorine bond is the 

strongest known single carbon bond, 

these chemicals do not degrade readily 

in the environment (Ref. 7). However, 

some bigger molecules where a portion 

of the molecule has fluorinated carbons, 

known as precursors, can degrade or 

transform into other PFAS that are 

known to be toxic and are potentially 

mobile in the subsurface environment. 

For example, each of the nine PFAS that 

are the subject of this proposed 

rulemaking could be present as a result 

of degradation of a precursor. This 

proposed rulemaking applies to the 

PFAS identified in this action regardless 

of whether they exist as chemical 

substances on their own or result from 

degradation of precursors. There are 

thousands of different PFAS (https://

comptox.epa.gov/dashboard/chemicallists/PFASMASTER), some of which 

have been more widely used and 

studied than others. A growing body of 

scientific evidence shows that exposure 

to certain PFAS can adversely impact 

human health and other living things. 

B. What has been learned from PFAS 

toxicity studies? 

Certain PFAS, such as perfluorinated 

alkyl acids (e.g., PFOA, PFOS), are 

manufactured in both acid and salt 

forms. In aqueous environments, such 

as groundwater or the digestive system 

of humans and other animals, the acids 

and salts will dissociate into the ion 

form. Exposure to the salts or acid form 

of certain PFAS have been shown to 

lead to similar toxicity, as it has often 

been the salt form used in experimental 

animal toxicity studies. 

PFAS may also be present in products 

and in the environment as mixtures of 

linear and branched isomers, depending 

on the methods by which they are 

manufactured. Most studies do not 

clearly state what isomers were used, 

but of those that do, a mixture of linear 

and branched isomers was generally 

used. Studies generally only state the 

material purity, but purity does not refer 

to isomeric mixture. As a result, it’s not 

currently practicable to differentiate the 

toxicity of the individual isomers, 

including the linear isomer. Therefore, 

any reference in this proposal to toxicity 

and health effects or listing of the nine 

PFAS as hazardous constituents on 

Appendix VIII includes the acids, salts, 

and structural isomers of the nine PFAS. 

V. Review of the Available Toxicity and 

Health Effects Information for PFAS 

A. PFAS Identified To Have Sufficient 

Information To Be Evaluated for 

Appendix VIII Listing Criteria 

EPA’s evaluation of the available 

toxicity and health effects information 

for PFAS focused on PFAS that have 

final peer reviewed assessments and 

those with toxicity studies supporting 

ongoing assessments. The toxicity and 

health effects assessments that EPA is 

relying on for this proposal are those 

published by EPA and the Agency for 

Toxic Substances and Disease Registry 

(ATSDR). 

The EPA published a final peer 

reviewed toxicity and health effects 

assessment for PFOA and PFOS in 2016 

(Ref. 9 and 14). Updated, draft toxicity 

and health effects assessments for PFOA 

and PFOS were published in 2023 as 

part of EPA’s proposed National 

Primary Drinking Water Regulation for 

specific PFAS (Ref. 10 and 11). In 2021, 

EPA published a final peer reviewed 

toxicity and health effects assessment 

for PFBS (Ref. 15) and for HFPO–DA 

(Ref. 16). EPA published final peer 

reviewed toxicity and health effects 

assessments for PFBA in 2022 (Ref. 17) 

and PFHxA in 2023 (Ref. 32). EPA 

published a draft toxicity and health 

effects assessment for PFDA in 2023 and 

sought public comment and external 

peer review (Ref. 31), the final peer 

review report has been published (Ref. 

45). EPA’s ongoing toxicity and health 

effects assessment process for PFDA is 

expected to be finalized in the near 

future. EPA also released a draft toxicity 

and health effects assessment for PFHxS 

in 2023 and sought public comment and 

external peer review (Ref. 44). EPA’s 

ongoing toxicity and health effects 

assessment for PFNA is in progress. 

ATSDR, in their 2021 Toxicological 

Profile for Perfluoroalkyls, reviewed 

toxicity information for twelve PFAS 

including PFOA, PFOS, PFBS, PFBA, 

PFHxA, PFNA, PFDA, and PFHxS (Ref. 

18). In this Profile ATSDR derived 

toxicity values for PFOA, PFOS, PFNA, 

and PFHxS. 

Assessments conducted by EPA, 

ATSDR, and information published in 

scientific studies support the conclusion 

that PFOA, PFOS, PFBS, HFPO–DA, 

PFBA, PFNA, PFHxS, PFDA, and 

PFHxA warrant a hazardous constituent 

designation. 

It should be noted that EPA’s criteria 

for listing a substance as a hazardous 

constituent on Appendix VIII under 40 

CFR 261.11(a)(3) do not require a 

finalized toxicity assessment, or 

exhaustive search and evaluation of all 

published scientific studies for the 

substance, or a final toxicity value. 

Rather, the criteria for listing substances 

on Appendix VIII only require that 

scientific studies have shown one or 

more of the criteria effects for the 

substances (i.e., toxic, carcinogenic, 

mutagenic or teratogenic effects). 

The Agency’s evaluation has 

determined that more than the required 

scientific information showing toxic, 

carcinogenic, mutagenic or teratogenic 

effects already exists to list the selected 

PFAS as RCRA hazardous constituents. 

B. Summary of Toxicity and Health 

Effects Information for the Nine PFAS 

Below are brief summaries of the 

toxicity and adverse health effects 

information for the nine PFAS from the 

final peer reviewed assessments or 

toxicity studies supporting ongoing 

assessments. Please see the list of 

references and docket for this proposed 

rule to completely examine these 

assessments and studies which form the 

basis of EPA’s proposed conclusions 

that these PFAS, their salts, and their 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 8613 

9 It is important to note that in March 2023, EPA 

proposed a National Primary Drinking Water 

Regulation for certain PFAS, including PFOA and 

PFOS (88 FR 18638; March 29, 2023). To support 

this rule, EPA developed and released updated draft 

toxicity assessments for PFOA and PFOS for public 

comment, to which EPA is currently responding 

(Refs. 10 and 11). The draft toxicity assessments 

underwent external peer review through EPA’s 

Science Advisory Board PFAS Review Panel (Ref. 

12), and EPA responded to the SAB’s 

recommendations in the updated draft toxicity 

assessments (Ref. 13). 

structural isomers meet the criteria for 

listing as RCRA hazardous constituents. 

Interpreting epidemiology data for 

PFAS and determining the individual 

toxicological responses of each PFAS 

individually (or their interaction effects) 

is an ongoing challenge because 

multiple PFAS have been shown to 

induce similar adverse health effects 

(e.g., immune, developmental, hepatic, 

cardiovascular effects, cancer). This is a 

subject where the science is rapidly 

evolving. 

1. PFOA 

Human epidemiology data report 

associations between PFOA exposure 

and high cholesterol, increased liver 

enzymes and serum lipid levels, 

decreased vaccination response, thyroid 

disorders, pregnancy-induced 

hypertension and preeclampsia, cancer 

(testicular and kidney), and decreases in 

birth weight (Refs. 9 and 18). 

Oral animal studies of short-term 

subchronic and chronic duration are 

available in multiple species including 

monkeys, rats, and mice. These studies 

report developmental effects, liver 

toxicity including degenerative and 

necrotic effects, kidney toxicity, 

immune effects including impaired 

response to antigens, and cancer (liver, 

testicular, and pancreatic). 

Developmental effects observed in 

animals include decreased survival, 

delayed eye opening and reduced 

ossification, skeletal defects, altered 

puberty (delayed vaginal opening in 

females and accelerated puberty in 

males), and altered mammary gland 

development (Refs. 9 and 18). 

There has been consistent evidence of 

associations between PFOA exposure 

and immunosuppression including 

reduced response to vaccines. 

Epidemiology studies have looked at the 

effects of exposure to several PFAS. In 

one study (Ref. 22), large datasets have 

been used to mutually adjust for 

concomitant PFAS exposures. 

Epidemiological studies have associated 

decreased vaccine response in children 

with elevated levels of PFOA in sera 

(Refs. 19, 20, 21, 22 and 40). 

Epidemiological studies have also 

indicated an increased risk of renal cell 

carcinoma with PFOA exposure (Refs. 

42 and 43). An association with 

increased risk of ulcerative colitis has 

also been observed. The results of 

several mouse studies reported findings 

consistent with the epidemiological data 

suggesting that exposure to PFOA can 

result in immunosuppression (Ref. 18).9

2. PFOS 

Epidemiology data report associations 

between PFOS exposure and high 

cholesterol, decreased vaccination 

response, and altered reproductive and 

developmental parameters including 

low birth weight. The strongest 

associations are related to serum lipids 

with increased total cholesterol and 

high-density lipoproteins (HDLs), and 

there are also associations with 

increases in serum enzymes and 

decreases in serum bilirubin (Refs. 14 

and 18). There is suggestive 

epidemiological evidence for an 

association between serum PFOS and 

pregnancy-induced hypertension and/or 

pre-eclampsia (Ref. 18). Data also 

suggest a correlation between higher 

PFOS levels and decreases in female 

fecundity and fertility, in addition to 

decreased body weights in offspring, 

and other measures of postnatal growth 

(Ref. 14). 

There is consistent evidence of 

immunotoxicity after PFOS exposure. 

There is evidence of an association 

between serum PFOS levels and 

decreased antibody responses to 

vaccines in children (Ref. 18). 

Epidemiology studies have looked at the 

effects of exposure to several PFAS. In 

one study (Ref. 22), large datasets have 

been used to mutually adjust for 

concomitant PFAS exposures. 

Epidemiological studies have indicated 

decreased vaccine response in children 

associated with elevated levels of PFOS 

in sera (Refs. 19, 20, 21, 22 and 40). 

Rodent studies have also shown 

immunotoxicity after PFOS exposure 

(Ref. 18). 

Short-term and chronic exposure 

studies in animals consistently 

demonstrate increases in liver weight 

with co-occurring effects that include 

decreased cholesterol, hepatic steatosis, 

lower body weight, and liver 

histopathology (Ref. 14). Some 

degenerative and necrotic effects that 

are likely relevant to humans have been 

observed (Ref. 18). One and two 

generation toxicity studies also show 

decreased pup survival and body 

weights. Additionally, developmental 

neurotoxicity studies show increased 

motor activity and decreased 

habituation and increased escape 

latency in the water maze test following 

in utero and lactational exposure to 

PFOS. Gestational and lactational 

exposures were also associated with 

higher serum glucose levels and 

evidence of insulin resistance in adult 

offspring (Ref. 14). 

3. PFBS 

Asthma and serum cholesterol levels 

in humans were found to exhibit a 

statistically significant positive 

association with PFBS exposure. No 

studies have been identified that 

evaluate the association between PFBS 

exposure and potential cancer outcomes 

(Ref. 15). 

The limited number of human studies 

examining oral PFBS exposure does not 

inform the potential for effects in 

thyroid, developing offspring, or the 

renal system (Ref. 15). Animal studies of 

repeated-dose PFBS exposure have been 

exclusively via the oral route, used the 

potassium salt of PFBS as the source 

exposure material, and have examined 

noncancer effects only. The available rat 

and mouse studies support 

identification of thyroid, 

developmental, and kidney endpoints as 

potential health effects following 

repeated exposures in utero and/or 

during adulthood. Thyroid effects in 

exposed adult rats and mice and in 

developing mice were primarily 

expressed through significant decreases 

in circulating levels of hormones such 

as thyroxine and triiodothyronine. In 

early developmental life stages in mice 

(e.g., newborn), decreases in thyroid 

hormones were accompanied by other 

effects indicative of delayed maturation 

or reproductive development (e.g., 

vaginal patency and eyes opening). 

Kidney weight and/or histopathological 

alterations (e.g., renal tubular and ductal 

epithelial hyperplasia) were observed in 

rats following short-term and 

subchronic oral exposures. Many of the 

kidney effects, however, occurred at 

higher doses than did the thyroid and 

developmental effects. 

Animal studies have also evaluated 

other health outcomes, such as liver 

effects, reproductive parameters, lipid/ 

lipoprotein homeostasis, and effects on 

the spleen and blood; however, the 

evidence currently available does not 

support a clear association with PFBS 

exposure and these outcomes (Ref. 15). 

4. HFPO–DA (GenX) 

Most of the available data for HFPO– 

DA and its ammonium salt (also known 

as GenX chemicals) were submitted to 

EPA by the manufacturer (DuPont/ 

Chemours) under the Toxic Substances 

Control Act (TSCA), as required by 

TSCA reporting requirements (15 U.S.C. 


lotter on DSK11XQN23PROD with PROPOSALS1
8614 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 

2607.8(e)) or pursuant to a consent order 

(Ref. 23). 

Oral toxicity studies for HFPO–DA 

and its ammonium salt were available 

for acute, short-term, subchronic, and 

chronic durations of exposure in rats 

and mice. These studies reported liver 

effects (increased relative liver weight, 

hepatocellular hypertrophy, single cell 

necrosis and apoptosis), kidney effects 

(increased relative kidney weight), 

immune effects (antibody suppression), 

developmental effects (increased early 

deliveries and delays in genital 

development), and tumorigenesis (liver 

and pancreatic tumors) (Ref. 16). 

Overall, the weight of the scientific 

evidence indicates the liver as a 

sensitive target for toxicity (meaning the 

liver is most susceptible to the toxic 

effects); however, the available data are 

inadequate to determine the mode of 

action for these effects. 

EPA’s Office of Water followed 

current EPA risk assessment guidance 

and recommendations to select points of 

departure from the available animal 

studies for RfD derivation to support 

risk characterization. EPA also 

conducted literature searches to identify 

publicly available peer-reviewed hazard 

studies on HFPO–DA and its 

ammonium salt. All laboratory animal 

studies containing dose-response 

information were evaluated for study 

quality using an approach consistent 

with the Office of Research and 

Development’s Handbook for 

developing IRIS assessments (Ref. 25). 

EPA selected an oral reproductive/ 

developmental toxicity study in mice 

(Ref. 26) showing hepatotoxicity (i.e., 

cytoplasmic alterations, apoptosis, 

single-cell necrosis, and focal necrosis) 

as the critical study and effect, 

respectively. Selection of this effect 

(liver toxicity) is supported by the 

National Toxicology Program Pathology 

Working Group’s conclusion that the 

dose response for the constellation of 

liver lesions observed following oral 

exposure to HFPO–DA and its 

ammonium salt represents an adverse 

(rather than adaptive) response. The 

National Toxicology Program Pathology 

Working Group’s Final Report on the 

Pathology Peer Review of Liver Findings 

is Appendix D of EPA’s Human Health 

Toxicity Values for 

Hexafluoropropylene Oxide (HFPO) 

Dimer Acid and Its Ammonium Salt 

(CASRN 13252–13–6 and CASRN 

62037–80–3, Ref. 16). Further support 

for the selection of liver toxicity as a 

critical effect was obtained from 

additional animal studies showing 

similar hazard outcomes (i.e., increased 

liver enzyme levels, histopathological 

lesions, and tumors) in both male and 

female mice and rats following various 

durations and levels of exposure (Ref. 

16). 

5. PFNA 

The available epidemiological studies 

suggest associations between PFNA and 

several health outcomes including 

increases in serum hepatic enzymes, 

particularly alanine aminotransferase 

(Ref. 18). Numerous studies have 

evaluated the hepatic toxicity of PFNA. 

The observed effects are consistent with 

effects observed for other perfluoroalkyl 

acids such as PFOA including 

alterations in serum lipid levels (Ref. 

18). An epidemiological study has also 

indicated increased risk of renal cell 

carcinoma with exposure to PFNA, 

especially within African-Americans 

(Ref. 43). 

Some studies have found associations 

between serum PFNA and diphtheria 

and tetanus antibody levels. Grandjean 

and associates found a significant 

inverse association between diphtheria 

antibodies levels at age 5 and serum 

PFNA levels at age 5, but not for 

antibody levels at age 13 and PFNA 

levels at age 7 or 13. Some others also 

reported an inverse association between 

serum PFNA and diphtheria antibody 

levels in a small study of adults. An 

inverse association between maternal 

serum PFNA and rubella antibody levels 

was observed in children (Refs. 19, 20, 

21, 22, and 24). Timmermann et al. 

found each 1 ng/mL increase in serum 

concentrations of PFNA was associated 

with decreases of 39% (95% CI: –4– 

64%) in diphtheria antibody 

concentrations (Ref. 40). 

Animal studies have also shown 

detrimental health effects. Two weeks 

after a single administration of PFNA in 

mice, Kielsen et al. also observed a 

number of immunological alterations 

(Ref. 24). Two acute-duration studies 

have evaluated the reproductive toxicity 

of PFNA in male rats. PFNA exposure 

resulted in decreases in serum 

testosterone and increases in serum 

estradiol levels and morphological 

changes. These changes as well as 

others were suggestive of damage to the 

secretory function of the Sertoli cells. In 

mice administered PFNA for 90 days, 

decreases in sperm motility, viability, 

and count and degenerative changes in 

the seminiferous tubules were observed. 

When the mice were mated with 

unexposed females, significant 

decreases in litter size were observed 

(Ref. 18). 

Three studies were identified that 

examined the developmental toxicity of 

PFNA in laboratory animals. Full litter 

resorptions were observed in mice 

administered PFNA, and maternal 

weight loss was also observed. 

Decreases in postnatal survival were 

observed. Decreases in birth weight 

were observed in female offspring of 

rats. Postnatal growth was decreased in 

the offspring of mice, and the decreases 

in body weight persisted in the pups. 

Reductions in nephron endowment 

(number of functioning nephrons at 

birth) were observed in male rat pups. 

Delays in eye opening and decrease in 

pup body weight gain were observed in 

offspring of mice administered PFNA 

(Ref. 18). 

6. PFHxS 

The available epidemiological studies 

suggest associations between PFHxS 

and several health outcomes including 

decreased antibody response to vaccines 

in humans and increases in serum 

lipids, particularly total cholesterol and 

low-density lipoprotein (LDL) 

cholesterol, in animals (Ref. 18). EPA 

has released a draft assessment for 

PFHxS for public comment (Ref. 44). 

Epidemiology studies have looked at 

the effects of exposure to several PFAS. 

In one study (Ref. 22), large datasets 

have been used to mutually adjust for 

concomitant PFAS exposures. 

Epidemiological studies have indicated 

decreased vaccine response in children 

associated with elevated levels of 

PFHxS in sera (Refs. 19, 20, 21, 22, and 

40). Inverse associations were observed 

between tetanus antibody levels in 5- 

and 7-year-old children and PFHxS 

levels in maternal serum and in 

children at age 5. A study in 3-year-old 

children found an inverse association 

between maternal PFHxS levels and 

rubella antibody levels, but no 

association with influenza type B or 

tetanus antibody levels. In adolescents, 

serum PFHxS levels were also inversely 

associated with rubella antibody titers 

in a seropositive subcohort (Ref. 18). 

Timmermann et al. found each 1 ng/mL 

increase in serum concentrations of 

PFHxS was associated with decreases of 

78% (95% CI: 25–94%) in diphtheria 

antibody concentrations. 

Centrilobular hepatocellular 

hypertrophy was observed in rodents. 

Microvascular fatty changes were also 

observed. In male mice, dietary 

exposure to PFHxS in a western-type 

diet resulted in decreases in plasma 

triglyceride, total cholesterol, non-HDL 

cholesterol, and HDL cholesterol levels 

and decreases in the hepatic production 

of VLDL. Increases in liver weight and 

hepatic triglyceride levels were also 

observed (Ref. 18). 

7. PFDA 

PFDA has been associated with 

cardiovascular disease, immunological 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 8615 

affects, and developmental affects. In 

this subsection, limited human and then 

animal evidence for potentially related 

health end points are discussed together 

for each end point. EPA has released a 

draft assessment for PFDA for public 

comment (Ref. 31). 

In a study of NHANES participants, 

Huang et al. (Ref. 27) found an increased 

risk of any type of cardiovascular 

disease among participants with the 

highest serum PFDA levels when the 

statistical analyses adjusted for serum 

total protein levels and estimated 

glomerular filtration rate; however, no 

associations were found for specific 

types of cardiovascular disease. Death in 

female mice following administration of 

a single lethal dose of PFDA by gavage 

was associated with mural thrombosis 

of the left ventricle of the heart. Nonlethal doses did not cause gross or 

microscopic alterations in the heart, 

assessed 30 days after dosing, but 

significantly decreased relative heart 

weight. Significant decrease in mean 

corpuscular hemoglobin and mean 

corpuscular hemoglobin concentration 

were observed in rats administered 

PFDA for 28 days (Ref. 18). 

Epidemiology studies have looked at 

the effects of exposure to several PFAS. 

In one study, large datasets have been 

used to mutually adjust for concomitant 

PFAS exposures. Epidemiological 

studies have indicated decreased 

vaccine response in children associated 

with elevated levels of PFDA in sera 

(Refs. 19, 20, 21, 22, and 40). Inverse 

associations were observed between 

serum PFDA levels at age 5 and tetanus 

antibody levels at ages 5 and 7 (Ref. 19) 

and serum PFDA levels at age 7 and 

antibody levels at age 13 (Ref. 20). 

Similarly, diphtheria antibody levels at 

age 13 were inversely associated with 

serum PFDA levels at age 7 years (Ref. 

20). In adults, diphtheria antibody 

levels were inversely associated with 

serum PFDA levels, but there was no 

association for tetanus antibody levels. 

In case-control studies, associations 

between asthma diagnosis and asthma 

severity were observed in children; 

associations with serum 

immunoglobulin E levels, absolute 

eosinophil counts, and eosinophil 

cationic protein levels were also 

observed. A case-control study in 

adolescents found significantly higher 

serum PFDA levels among the asthmatic 

cases (Ref. 18). 

Lind et al. found an inverse 

association between maternal PFDA 

levels and anogenital distance in human 

girls, but not in boys (Ref. 28). An 

increase in fetal mortality was observed 

in mice exposed to PFDA, and PFDA 

was also associated with a marked 

decrease in fetal weight/litter, 100% 

incidence of variations in ossification of 

the braincase, decreases in maternal 

body weight, and maternal mortality 

(Ref. 18). Decreases in fetal body 

weight/litter in mice also were observed 

(Ref. 18). 

8. PFHxA 

Although some human 

epidemiological studies have examined 

possible associations between PFHxA 

exposure and several adverse health 

outcomes, they are sparse and overall 

insufficient on their own to draw 

conclusions regarding adverse health 

effects. Based primarily on animal 

studies, certain PFHxA exposure levels 

have led to hepatic, developmental, 

hematopoietic, and endocrine effects 

(Refs. 18 and 32). 

In humans, an increased risk of 

cardiovascular disease (any type) was 

found in NHANES participants with 

higher serum PFHxA levels. A study of 

70-year-old adults reported increases in 

the intima media thickness in the 

common carotid artery that was 

associated with serum PFHxA levels 

(Ref. 18). Several studies in rats have 

identified the hematological system as a 

target of PFHxA toxicity. Decreases in 

red blood cell counts, hemoglobin 

levels, and/or hematocrit levels and 

increases in reticulocyte levels have 

been observed in rats administered 

PFHxA (Refs. 18 and 32). 

Increases in liver weight, decreases in 

serum cholesterol levels, and 

centrilobular hepatocellular 

hypertrophy have been observed in rats 

administered PFHxA. In a chronicduration study, gavage administration of 

PFHxA for 2 years resulted in increases 

in the incidence of hepatocellular 

necrosis in female rats. Decreases in 

triglyceride levels were observed in 

male rats (Ref. 18). Thus, the hepatic 

findings correlated with changes in 

clinical chemistry and necrosis (Ref. 

32). 

Administration of PFHxA resulted in 

decreases in fetal weight in rats (Ref. 

30). Similarly, decreases in pup body 

weight were observed in the offspring of 

rats administered PFHxA for 70 days 

prior to mating, during mating, and 

throughout gestation and lactation (Refs. 

18 and 30). 

9. PFBA 

Although several human 

epidemiological studies have examined 

possible associations between PFBA 

exposure and several adverse health 

outcomes, they are sparse and overall 

insufficient on their own to draw 

conclusions regarding toxic effects. 

Based primarily on animal studies, 

developmental, thyroid, and liver effects 

in humans are likely caused by PFBA 

exposure, given sufficient exposure 

conditions. In human studies, increases 

in the risk of hypertension in men and 

women, which was associated with 

serum PFBA levels, have been found. 

Systolic blood pressure levels were also 

associated with serum PFBA levels in 

men and women combined or in men 

only; no associations were found for 

diastolic blood pressure (Ref. 17). 

Oral doses of PFBA for 90 days 

resulted in significant reductions in red 

blood cell counts, hemoglobin, and 

hematocrit, and an increase in red blood 

cell distribution width in male rats. This 

dose level also caused a reduction in 

mean corpuscular hemoglobin and 

reduced mean corpuscular hemoglobin 

concentration in male rats. The lower 

hemoglobin and hematocrit observed in 

males were still detected at the end of 

a 3-week recovery period (Ref. 18). 

PFBA intermediate-duration studies 

have consistently found increases in 

liver weight and histological alterations. 

Dosing rats with PFBA resulted in 

significant increases in absolute and 

relative liver weight and decreases in 

serum cholesterol and hepatocellular 

hypertrophy (Ref. 17 and 18). 

Thyroid effects in adult exposed rats 

were expressed through decreases in 

free and total thyroxine (T4) and 

increased incidence of thyroid follicular 

hypertrophy and hyperplasia. 

Developmental effects in exposed 

animals were expressed as the loss of 

viable offspring (total litter resorption), 

and postnatal delays in postnatal 

developmental milestones: eye opening, 

vaginal opening, and preputial 

separation (Ref. 17). 

C. EPA’s Proposed Conclusions on 

Whether the Nine PFAS, Their Salts, 

and Their Structural Isomers Meet the 

Criteria for Listing on Appendix VIII 

The Agency’s proposed conclusions 

are that the nine PFAS, their salts, and 

their structural isomers meet the criteria 

for listing as RCRA hazardous 

constituents on Appendix VIII because 

it has been shown through scientific 

studies referenced above that they have 

toxic effects on humans or other life 

forms. 

The nine PFAS discussed in this 

proposed rule can occur in acid forms 

(e.g., perfluorooctanoic acid) and salt 

forms (e.g., ammonium 

perfluorooctanoate). Salts are deemed to 

have the same toxicity as the commonly 

referenced acid versions because, once 

put in water (and likewise when in 

human blood), the acid and salt forms 

will dissociate to the ionic form. 

Further, toxicity studies on PFAS were 


lotter on DSK11XQN23PROD with PROPOSALS1
8616 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 

often performed using the salt form. 

Thus, EPA is proposing to list both acid 

and salt forms of the nine PFAS on 

Appendix VIII. 

Additionally, PFAS exist as linear and 

branched isomers, depending on the 

process used to manufacture them. For 

example, PFAS when manufactured 

through electrochemical fluorination 

consist of an isomeric mixture that is 

approximately 70% linear isomers and 

30% branched isomers. The linear and 

branched isomers have been found in 

environmental media and in human 

sera. Most animal toxicity studies using 

isomeric mixtures do not state the ratio 

of linear and branched isomers in the 

test material, and, therefore, it is not 

feasible to distinguish the toxicity of the 

individual isomers. However, in a few 

studies, including Lieder et al. (2009) 

for PFBS, George and Andersen (1986) 

for PFDA, Bijland et al. (2011) for 

PFHxS, Butenhoff et al. (2004), Lau et 

al. (2006), and Lou et al. (2009) for 

PFOA, and Ankley et al. (2004) for 

PFOS (Refs. 33–39), the authors stated 

that the PFAS test substance was not 

100% linear, and thus any effects 

indicated in these studies can only be 

associated with the isomeric mixture of 

linear and branched and not specifically 

with linear isomers or branched 

isomers. Further, Loveless et al. (2006) 

compared the toxicity of linear 

ammonium PFOA, branched 

ammonium PFOA, and a mixture of 

linear and branched ammonium PFOA 

in rodents, and demonstrated that both 

linear and branched isomers exhibit 

similar types of toxicity (Ref. 29). While 

toxicity studies such as these are not 

available for all PFAS included in this 

proposal, EPA believes it is both 

reasonable and public health protective, 

based on the available toxicity data for 

isomeric mixtures, to list the structural 

isomers. Thus, EPA is proposing to also 

list the structural isomers for the nine 

PFAS on Appendix VIII. 

VI. State Authorization 

A. Applicability of the Rule in 

Authorized States 

Under section 3006 of RCRA, 42 

U.S.C. 6926, EPA may authorize a 

qualified State to administer and 

enforce a hazardous waste program 

within the State in lieu of the Federal 

program, and to issue and enforce 

permits in the State. Following 

authorization, EPA retains enforcement 

authority under sections 3008, 3013, 

and 7003 of RCRA, although authorized 

States have primary enforcement 

responsibility. The standards and 

requirements for State authorization are 

found at 40 CFR part 271. 

Prior to enactment of the Hazardous 

and Solid Waste Amendments of 1984 

(HSWA), a State with final RCRA 

authorization administered its 

hazardous waste program entirely in 

lieu of EPA administering the Federal 

program in that State. The Federal 

requirements no longer applied in the 

authorized State, and EPA could not 

issue permits for any facilities in that 

State, since only the State was 

authorized to issue RCRA permits. 

When new, more stringent Federal 

requirements were promulgated, the 

State was obligated to enact equivalent 

authorities within specified timeframes. 

However, the new Federal requirements 

did not take effect in an authorized State 

until the State adopted the Federal 

requirements. 

In contrast, under RCRA section 

3006(g), (42 U.S.C. 6926(g)) (which was 

added by HSWA), new Federal 

requirements and prohibitions imposed, 

pursuant to HSWA authority, take effect 

in authorized States at the same time 

that they take effect in unauthorized 

States. Although authorized States are 

still required to update their hazardous 

waste programs to remain equivalent to 

the Federal program, EPA is directed by 

the statute to implement the 

requirements and prohibitions in 

authorized States, including the 

issuance of new permits implementing 

those new requirements, until EPA 

authorizes the State to do so. 

Authorized States are required to 

modify their programs only when EPA 

promulgates Federal requirements that 

are more stringent or broader in scope 

than existing Federal requirements. 

RCRA section 3009 allows the States to 

impose standards more stringent than 

those in the Federal program. See also 

40 CFR 271.1(i). If EPA promulgates a 

Federal requirement that is less 

stringent than an existing requirement, 

authorized States may, but are not 

required to, adopt the requirement 

regardless of whether it is a HSWA or 

non-HSWA requirement. 

B. Effect on State Authorization 

This rule is promulgated pursuant to 

both non-HSWA authority (RCRA 

section 3001) and HSWA authority 

(RCRA section 3004(u)). The changes to 

Appendix VIII proposed in this rule are 

more stringent than the current Federal 

requirements because adding new 

substances to Appendix VIII expands 

the list of hazardous constituents that 

are subject to RCRA regulatory 

requirements. Therefore, States will be 

required to adopt and seek authorization 

for these changes. The Appendix VIII 

list of hazardous constituents does not 

by itself impose regulatory 

requirements. Rather, requirements to 

address hazardous constituents are 

found in various sections throughout 

the Federal hazardous waste 

regulations. 

Today’s proposal, if finalized, would 

add nine PFAS, their salts, and their 

structural isomers to Appendix VIII for 

all purposes except corrective action, 

pursuant to RCRA section 3001. Today’s 

action would also add these substances 

to Appendix VIII for corrective action 

purposes and add this listing action, as 

it would apply to corrective action 

purposes, to Table 1 in 40 CFR 271.1, 

pursuant to RCRA section 3004(u). 

Given the dual nature of today’s 

proposal, EPA would consider the final 

rule to be a non-HSWA rule 

promulgated under RCRA 3001 for all 

purposes except corrective action under 

RCRA 3004(u) and (v), and would 

consider the final rule to be a HSWA 

rule as applied to such corrective action 

(for example, as applied to the scope of 

hazardous constituents subject to 

corrective action under 40 CFR 264.101, 

the principal regulation implementing 

these provisions). Thus, the addition of 

the nine PFAS, their salts, and their 

structural isomers, as applied to RCRA 

section 3004(u) and (v) corrective action 

would become immediately effective in 

all States on the effective date (which 

would be provided in any final notice 

for the action); and EPA would 

implement the new rule as applied to 

corrective action in all States until those 

States become authorized for the new 

rule. 

States with authorized RCRA 

programs may already include one or 

more of these PFAS on their lists of 

hazardous constituents, since RCRA 

contemplates that States may 

promulgate regulations which are more 

stringent than the Federal RCRA 

requirements. These State regulations 

have not been assessed against the 

Federal regulations proposed today to 

determine whether they meet the 

authorization requirements. Thus, such 

a State would not be authorized to 

implement these regulations as RCRA 

requirements until the State program 

provisions are submitted to EPA and 

approved, pursuant to 40 CFR 271.21. 

Of course, States with existing 

regulations that are more stringent than 

or broader in scope than current Federal 

regulations may continue to administer 

and enforce their regulations as a matter 

of State law. In implementing the 

HSWA corrective action requirements, 

EPA will work with the States under 

agreements to avoid duplication of 

effort. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 8617 

10https://www.epa.gov/system/files/documents/ 

2021-10/2021-policy-on-childrens-health.pdf. 

VII. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is a ‘‘significant regulatory 

action’’ as defined in Executive Order 

12866, as amended by Executive Order 

14094. Accordingly, EPA submitted this 

action to the Office of Management and 

Budget (OMB) for Executive Order 

12866 review. Documentation of any 

changes made in response to Executive 

Order 12866 review is available in the 

docket. The EPA prepared an analysis of 

the potential impacts associated with 

this action. This analysis, the draft 

Economic Assessment of the Potential 

Costs, Benefits, and Other Impacts of 

the Proposed Rulemaking to List 

Specific PFAS as RCRA Hazardous 

Constituents (Ref. 41), is available in the 

docket for this action. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq., because it 

does not contain any information 

collection activities. Burden is defined 

at 5 CFR 1320.3(b). 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA, 5 U.S.C. 601, et seq. 

EPA projects negligible direct impacts to 

regulated entities associated with the 

proposed rule (see Sections II.A. and 

II.D.). To the extent the proposed rule 

may result in indirect costs associated 

with corrective action, the small entity 

analysis in the draft Economic 

Assessment identifies 75 small entities 

that could be impacted. 

Because the proposed rule estimates 

negligible costs associated with direct 

impacts, EPA concludes the proposed 

rule will not result in a significant 

economic impact for a substantial 

number of small entities. Additional 

details of the small entity analysis, 

including information about the broader 

universe of TSDFs, are presented in the 

draft Economic Assessment of the 

Potential Costs, Benefits, And Other 

Impacts of the Proposed Rulemaking to 

List Specific PFAS as RCRA Hazardous 

Constituents (Ref. 41), available in the 

public docket for this action. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments 

because direct costs are projected to be 

negligible. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications based on EPA’s policy for 

implementing E.O. 13132, entitled 

‘‘Federalism.’’ It will not have 

substantial direct effects on the States or 

localities based on EPA’s 

intergovernmental cost threshold for the 

E.O. 13132 analysis; it will not preempt 

State or local law or substantially affect 

the distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175 because it does not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

There is only one facility on Tribal 

lands that EPA has identified that could 

be potentially affected by this 

rulemaking, and because the rule is not 

expected to result in substantial direct 

impacts (i.e., EPA anticipates negligible 

direct impacts) it is also not expected to 

result in adverse impacts on this tribal 

entity. Thus, Executive Order 13175 

does not apply to this action. 

However, consistent with the EPA 

Policy on Consultation and 

Coordination with Indian Tribes, the 

EPA intends to consult with and request 

comments from the affected tribe and 

other tribal officials that wish to consult 

with the Agency on this rulemaking. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045 (62 FR 19885, 

April 23, 1997) directs Federal agencies 

to include an evaluation of the health 

and safety effects of the planned 

regulation on children in Federal health 

and safety standards and explain why 

the regulation is preferable to 

potentially effective and reasonably 

feasible alternatives. This action is not 

subject to Executive Order 13045 

because it is not ‘‘economically 

significant’’ as defined in Executive 

Order 12866, and because it does not 

concern an environmental health risk or 

safety risk. This action, which proposes 

to add nine PFAS, their salts, and their 

structural isomers as RCRA hazardous 

constituents, does not itself address 

environmental health or safety risks. 

Therefore, EPA does not believe there 

are disproportionate risks to children. 

However, EPA’s 2021 Policy on 

Children’s Health applies to this action, 

which requires EPA to consider early 

life exposures and lifelong health 

consistently and explicitly in all human 

health decisions.10 To the extent that 

the proposed rulemaking leads to the 

remediation of select PFAS, potential 

exposure to these PFAS is expected to 

be reduced for the population living in 

close proximity to these sites, including 

susceptible subpopulations such as 

workers and children. Additionally, to 

the extent that the proposed rule 

reduces exposure, a reduction in the 

risks of adverse health effects in 

children might be expected, as well as 

associated health care cost savings. The 

information that EPA used to evaluate 

the toxicity and health effects of these 

PFAS, which includes many studies 

that looked at effects during 

development and on children, is 

described above in the Section 

Summary of toxicity and health effects 

information for the nine PFAS and the 

supporting documents in the public 

docket for this action. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not a ‘‘significant 

energy action’’ because it is not related 

to, or likely to have a significant adverse 

effect on, the supply, distribution, or 

use of energy. This action proposes to 

add nine PFAS, their salts, and 

structural isomers as RCRA hazardous 

constituents, and thus, does not involve 

the supply, distribution, or use of 

energy. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 


lotter on DSK11XQN23PROD with PROPOSALS1
8618 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 

11See Salvatore et al., ‘‘Presumptive 

Contamination: A New Approach to PFAS 

Contamination Based on Likely Sources’’, Environ 

Sci Technol Lett. Vol. 9, Issue 11. November 8, 

2022. Accessed at: https://www.ncbi.nlm.nih.gov/ 

pmc/articles/PMC9648201/. 

12See United States Environmental Protection 

Agency, PFAS Analytical Tools, available at https:// 

echo.epa.gov/trends/pfas-tools. 

13PFAS chemicals included in search: PFOS, 

PFOA, PFBS, HFPO–DA (GenX), PFNA, PFHxS, 

PFDA, PFHxA, and PFBA. Environmental 

Protection Agency, ‘‘Envirofacts: TRI Search’’, 

December 2022. Accessed at: https://www.epa.gov/ 

enviro/tri-search. 

J. Executive Order 12898: Federal

Actions To Address Environmental

Justice in Minority Populations and

Low-Income Populations; Executive

Order 14096: Revitalizing Our Nation’s

Commitment to Environmental Justice

for All

Executive Order 14096 (88 FR 25251, 

Apr. 26, 2023) directs Federal agencies 

to advance the goal of environmental 

justice for all. This action builds upon 

and supplements the efforts of 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) to address 

environmental justice. 

The EPA believes that the human 

health or environmental conditions that 

exist prior to this action may result in 

or have the potential to result in 

disproportionate and adverse human 

health or environmental effects on 

communities with environmental justice 

concerns. 

Several key demographic categories 

were analyzed relative to the universe of 

facilities potentially affected by the 

proposed rule. This proposed regulation 

identifies groundwater and surface 

water as potential sources of exposure 

for the identified PFAS. Due to 

uncertainty surrounding the location of 

PFAS releases, this analysis additionally 

considers a subset of the total universe 

of facilities which are associated with a 

potentially higher likelihood of 

handling PFAS, and where corrective 

action for PFAS may occur. These 

facilities are identified based on: 

• A list of NAICS codes (at the 6-digit

level) used by Salvatore et al. (2022) for 

identifying presumptive PFAS contamination 

across the U.S.11

• EPA’s proposed rule, ‘Designation of

Perfluorooctanoic Acid (PFOA) and 

Perfluorooctanesulfonic Acid (PFOS) as 

CERCLA Hazardous Substances’, identified 

industries (at the 6-digit NAICS level) 

historically associated with PFAS; therefore, 

TSDFs in these industries are also assumed 

to have higher likelihood of handling PFAS. 

• The PFAS Analytical Tools page in

EPA’s Enforcement and Compliance History 

Online (ECHO) includes a list of industry 

sectors potentially associated with PFAS, 

defined by 6-digit NAICS.12 Any permitted 

TSDFs within these industries are also 

assumed to have a higher likelihood of 

handling PFAS. 

• If a TSDF in the regulatory universe

reported any of the specific PFAS proposed 

for addition to 40 CFR part 261, Appendix 

VIII in the EPA’s Toxic Release Inventory 

(TRI),13 that facility is also assumed to have 

a higher likelihood of handling PFAS. 

The sites identified as having 

potential association with PFAS make 

them a reasonable proxy for identifying 

where corrective action for these 

substances may be required and offer an 

associated surrounding demographic 

context. However, the spatial 

distribution and predicted risk factor of 

a PFAS release cannot be certain 

without further site-specific 

investigation into a facility’s waste 

handling capacity, proximity to 

population centers, and 

interconnectivity of local environmental 

resources. 

The EPA believes that this action may 

indirectly reduce existing 

disproportionate and adverse effects on 

communities with environmental justice 

concerns. To the extent that the 

proposed rule leads to the remediation 

of releases for any of the nine PFAS, 

their salts, and their structural isomers 

that EPA proposes to list as RCRA 

hazardous constituents, health risks for 

populations living in close proximity to 

these sites (particularly populations that 

rely on private well water near these 

sites) may decline. As groundwater and 

surface water have been identified as 

potential exposure pathways of PFAS, 

the inclusion of private well usage rates 

in areas surrounding facilities known to 

use, produce, or release PFAS provides 

additional information about 

populations that may have a potentially 

higher likelihood of negative health 

outcomes from a PFAS release. In some 

cases, focusing the analysis solely on 

those potentially more vulnerable 

populations served by private wells 

reveals further demographic disparities 

compared to the total U.S. population 

served by private wells. 

Details of the full analysis and 

findings are presented in the draft 

Economic Assessment of the Potential 

Costs, Benefits, and Other Impacts of 

the Proposed Rulemaking to List 

Specific PFAS as RCRA Hazardous 

Constituents (Ref. 41), which can be 

found in the public docket for this 

action. 

Better understanding the impacts of a 

PFAS release and the factors that 

determine the magnitude of effects on 

the surrounding human and natural 

environment will potentially become 

more apparent over time, allowing for 

improved information and a more 

robust analysis on any disproportionate 

and adverse outcomes experienced by 

populations with EJ concerns. This 

improved information would not 

increase risk for communities with EJ 

concerns and may improve the speed 

and design of remediation. The EPA is 

committed to minimizing and/or 

eliminating existing barriers and 

burdens that communities with EJ 

concerns may encounter related to 

accessing data and information 

associated with this rulemaking, if 

finalized. EPA seeks comment on 

strategies to improve access to 

associated data, which may become 

available in RCRA Info, for communities 

with environmental justice concerns. 

VIII. References

1. U.S. EPA. (2023). PFOA, PFOS and other

PFAS: Basic information on PFAS. U.S.

Environmental Protection Agency. 

https://www.epa.gov/pfas/basicinformation-pfas. 

2. ATSDR. (2023). PFAS and Your Health.

https://www.atsdr.cdc.gov/pfas/

index.html. 

3. Public Employees for Environmental

Responsibility (PEER) to the

Administrator of EPA concerning RCRA 

Regulation of a Class of Wastes 

Containing PFAS. September 19, 2019. 

https://www.epa.gov/system/files/ 

documents/2021-09/peer_pfas_

rulemaking_petition_metadata_

added.pdf. 

4. Petition for Rulemaking from

Environmental Law Clinic of University

of California, Berkeley to the 

Administrator of EPA concerning RCRA 

Regulation of Wastes Containing LongChain PFASs and GenX Chemicals. 

January 15, 2020. https://www.epa.gov/ 

system/files/documents/2021-09/pfas_

petition_for_haz_waste_jan_2020_

metadata_added.pdf. 

5. Petition from the Governor of New Mexico

to the Administrator of EPA concerning

action on PFAS under RCRA. June 23, 

2021. https://www.epa.gov/system/files/ 

documents/2021-10/508compliant_

ezd5442262_2021-06-23-governor-letterto-epa-for-pfas-petition.pdf-incomingdocument.pdf. 

6. EPA Administrator’s letter to the Governor

of New Mexico in response to the

petition on PFAS. October 26, 2021. 

https://www.epa.gov/system/files/ 

documents/2021-10/oct_2021_response_

to_nm_governor_pfas_petition_

corrected.pdf. 

7. NIEHS. (2023). Perfluoroalkyl and

Polyfluoroalkyl Substances (PFAS).

https://www.niehs.nih.gov/health/topics/ 

agents/pfc/index.cfm. 

8. Press release on EPA’s response to New

Mexico Governor’s petition on PFAS.

October 26, 2021. https://www.epa.gov/ 

newsreleases/epa-responds-new-mexicogovernor-and-acts-address-pfas-underhazardous-waste-law. 

9. U.S. EPA. (2016). Health effects support

document for perfluorooctanoic acid

(PFOA). U.S. Environmental Protection 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 8619 

Agency Office of Water. EPA–822–R–16– 

003. https://www.epa.gov/sites/default/

files/2016-05/documents/pfoa_hesd_

final-plain.pd.f

10. U.S. EPA. (2023). Public Comment

Draft—Toxicity Assessment and

Proposed Maximum Contaminant Level

Goal (MCLG) for Perfluorooctanoic Acid

(PFOA) (CASRN 335–67–1) in Drinking

Water. EPA–822–P–23–005.

11. U.S. EPA. (2023). Public Comment

Draft—Toxicity Assessment and

Proposed Maximum Contaminant Level

Goal (MCLG) for Perfluorooctane

Sulfonic Acid (PFOS) (CASRN 1763–23–

1) in Drinking Water. EPA–822–P–23–

007.

12. U.S. EPA. (2022). Transmittal of the

Science Advisory Board Report titled,

‘‘Review of EPA’s Analyses to Support

EPA’s National Primary Drinking Water

Rulemaking for PFAS.’’ EPA–22–008.

https://sab.epa.gov/ords/sab/f?p=114:12:

15255596377846.

13. U.S. EPA. (2023). EPA Response to Final

Science Advisory Board

Recommendations (August 2022) on

Four Draft Support Documents for the

EPA’s Proposed PFAS National Primary

Drinking Water Regulation. EPA–822–D–

23–001.

14. U.S. EPA. (2016). Health effects support

document for perfluorooctane sulfonate

(PFOS). U.S. Environmental Protection

Agency Office of Water. https://

www.epa.gov/sites/default/files/2016-05/

documents/pfos_hesd_final_508.pdf.

15. U.S. EPA. (2021). Human Health Toxicity

Values for Perfluorobutane Sulfonic Acid

(CASRN 375–73–5) and Related

Compound Potassium Perfluorobutane

Sulfonate (CASRN 29420–49–3). U.S.

Environmental Protection Agency Office

of Research and Development. https://

www.epa.gov/chemical-research/learnabout-human-health-toxicityassessment-pfbs.

16. U.S. EPA. (2021). Human Health Toxicity

Values for Hexafluoropropylene Oxide

(HFPO) Dimer Acid and Its Ammonium

Salt (CASRN 13252–13–6 and CASRN

62037- 80–3) Also Known as ‘‘GenX

Chemicals.’’ U.S. Environmental

Protection Agency Office of Water.

https://www.epa.gov/system/files/

documents/2021-10/genx-chemicalstoxicity-assessment_tech-edited_oct-21-

508.pdf.

17. U.S. EPA. (2022). IRIS Toxicological

Review of Perfluorobutanoic Acid

(PFBA) and Related Salts (Final Report).

U.S. Environmental Protection Agency

Office of Research and Development.

https://iris.epa.gov/static/pdfs/

0701tr.pdf.

18. ATSDR. (2021). Toxicological profile for

perfluoroalkyls: final. Atlanta, GA: U.S.

Department of Health and Human

Services, Centers for Disease Control and

Prevention, Agency for Toxic Substances

and Disease Registry. https://

stacks.cdc.gov/view/cdc/59198.

19. Grandjean et al. (2012). ‘‘Serum Vaccine

Antibody Concentrations in Children

Exposed to Perfluorinated Compounds’’

JAMA 307 (4): 391–397. DOI:10.1001/

jama.2011.2034.

20. Grandjean et al. (2017). ‘‘Serum Vaccine

Antibody Concentrations in Adolescents

Exposed to Perfluorinated Compounds’’

Environ Health Perspect 125 (7): 077018

DOI: 10.1289/EHP275.

21. Grandjean et al. (2017). ‘‘Estimated

exposures to perfluorinated compounds

in infancy predict attenuated vaccine

antibody concentrations at age 5-years’’ J

Immunotoxicol 14 (1): 188–195. DOI:

10.1080/1547691X.2017.1360968.

22. Budtz-Jorgensen and Grandjean. (2018).

‘‘Application of benchmark analysis for

mixed contaminant exposures: Mutual

adjustment of perfluoroalkylate

substances associated with

immunotoxicity’’ PLoS One 13 (10):

e0205388. DOI: 10.1371/

journal.pone.0205388.

23. U.S. EPA. (2009). Consent Order and

Determinations Supporting Consent

Order for Premanufacture Notice

Numbers: P–08–508 and P–08–509. EPA,

Office of Pollution Prevention and

Toxics, Washington, DC. https://

chemview.epa.gov/chemview/

proxy?filename=sanitized_consent_

order_p_08_0508c.pdf.

24. Kielsen et al. (2016). Antibody response

to booster vaccination with tetanus and

diphtheria in adults exposed to

perfluorinated alkylates. J

Immunotoxicol 13(2):270–273.

25. U.S. EPA. (2020). ORD Staff Handbook for

Developing IRIS Assessments (Public

Comment Draft, Nov 2020). EPA/600/R–

20/137. EPA, Office of Research and

Development, Washington, DC.

26. DuPont-18405–1037: E.I. du Pont de

Nemours and Company. 2010. An Oral

(Gavage) Reproduction/Developmental

Toxicity Screening Study of H–28548 in

Mice. U.S. EPA OPPTS 870.3550; OECD

Test Guideline 421. Study conducted by

WIL Research Laboratories, LLC (Study

Completion Date: December 29, 2010),

Ashland, OH.

27. Huang et al. (2018). Serum

polyfluoroalkyl chemicals are associated

with risk of cardiovascular diseases in

national US population. Environ Int

119:37–46. http://doi.org/10.1016/

j.envint.2018.05.051.

28. Lind et al. (2017). Prenatal exposure to

perfluoroalkyl substances and anogenital

distance at 3 months of age in a Danish

mother-child cohort. Reprod Toxicol

68:200–206. http://doi.org/10.1016/

j.reprotox.2016.08.019.

29. Loveless et al. (2006). ‘‘Comparative

responses of rats and mice exposed to

linear/branched, linear, or branched

ammonium perfluorooctanoate (APFO)’’

Toxicology 220(2–3): 203–17. DOI:

10.1016/j.tox.2006.01.003.

30. Loveless et al. (2009). ‘‘Toxicological

evaluation of sodium

perfluorohexanoate’’ Toxicology 264 (1–

2): 32–44. DOI: 10.1016/

j.tox.2009.07.011.

31. U.S. EPA. (2023). IRIS Toxicological

Review of Perfluorodecanoic Acid

(PFDA) and Related Salts (Draft Report).

U.S. Environmental Protection Agency

Office of Research and Development.

https://cfpub.epa.gov/ncea/iris_drafts/

recordisplay.cfm?deid=354408.

32. U.S. EPA. (2023). IRIS Toxicological

Review of Perfluorohexanoic Acid

(PFHxA) and Related Salts (Final

Report). U.S. Environmental Protection

Agency Office of Research and

Development. https://cfpub.epa.gov/

ncea/iris_drafts/recordisplay.

cfm?deid=357314.

33. Lieder et al. (2009). ‘‘A two-generation

oral gavage reproduction study with

potassium perfluorobutanesulfonate

(K+PFBS) in Sprague Dawley rats.’’

Toxicology 259 (1–2): 33–45. DOI:

10.1016/j.tox.2009.01.027.

34. George and Andersen (1986). ‘‘Toxic

effects of nonadecafluoro-n-decanoic

acid in rats.’’ Toxicology and Applied

Pharmacology 85(2): 169–180. DOI:

10.1016/0041–008X(86)90110–9.

35. Bijland et al. (2011). ‘‘Perfluoroalkyl

sulfonates cause alkyl chain lengthdependent hepatic steatosis and

hypolipidemia mainly by impairing

lipoprotein production in APOE*3-

Leiden CETP mice.’’ Toxicol Sci 123(1):

290–303. DOI: 10.1093/toxsci/kfr142.

36. Butenhoff et al. (2004). ‘‘The reproductive

toxicology of ammonium

perfluorooctanoate (APFO) in the rat.’’

Toxicology 196 (1–2): 95–116. DOI:

10.1016/j.tox.2003.11.005.

37. Lau et al. (2006). ‘‘Effects of

perfluorooctanoic acid exposure during

pregnancy in the mouse.’’ Toxicol Sci

90(2): 510–518. DOI: 10.1093/toxsci/

kfj105.

38. Lou et al. (2009). ‘‘Modeling single and

repeated dose pharmacokinetics of PFOA

in mice.’’ Toxicol Sci 107(2): 331–41.

DOI: 10.1093/toxsci/kfn234.

39. Ankley et al. (2004). ‘‘Partial life-cycle

toxicity and bioconcentration modeling

of perfluorooctanesulfonate in the

northern leopard frog (Rana pipiens).’’

Environmental Toxicology and

Chemistry 23(11): 2745–2755. DOI:

10.1897/03–667.

40. Timmermann et al. (2022).

‘‘Concentrations of tetanus and

diphtheria antibodies in vaccinated

Greenlandic children aged 7–12 years

exposed to marine pollutants, a cross

sectional study.’’ Environmental

Research 203. DOI: 10.1016/

j.envres.2021.111712.

41. U.S. EPA. (2023). Draft Economic

Assessment of the Potential Costs,

Benefits, and Other Impacts of the

Proposed Rulemaking to List Specific

PFAS as RCRA Hazardous Constituents.

U.S. Environmental Protection Agency

Office of Land and Emergency

Management.

42. Shearer et al. (2021). ‘‘Serum

Concentrations of Per- and

Polyfluoroalkyl Substances and Risk of

Renal Cell Carcinoma.’’ J Natl Cancer

Inst. 113(5): 580–587. DOI: 10.1093/jnci/

djaa143.

43. Rhee et al. (2023). ‘‘Serum Concentrations

of Per- and Polyfluoroalkyl Substances

and Risk of Renal Cell Carcinoma in the

Multiethnic Cohort Study.’’

Environmental International Volume

180, 108197. https://doi.org/10.1016/

J.envint.2023.108197.


lotter on DSK11XQN23PROD with PROPOSALS1
8620 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 

6This listing implements HSWA only to the 

extent it applies to 40 CFR 264.101 and 270.14(d) 

and to 40 CFR Subpart S. 

44. U.S. EPA. (2023). IRIS Toxicological 

Review of Perfluorohexanesulfonic Acid 

(PFHxS) and Related Salts (Draft Report). 

U.S. Environmental Protection Agency 

Office of Research and Development. 

https://cfpub.epa.gov/ncea/iris_drafts/

recordisplay.cfm?deid=355410. 

45. U. S. EPA (2023). External Panel Peer 

Review of EPA’s Draft ‘‘IRIS 

Toxicological Review of 

Perfluorodecanoic Acid (PFDA) and 

Related Salts’’ (Final Peer Review 

Report). U.S. Environmental Protection 

Agency Office of Research and 

Development. https://cfpub.epa.gov/ 

ncea/iris_drafts/recordisplay.

cfm?deid=354408. 

List of Subjects 

40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, Reporting and 

recordkeeping requirements. 

40 CFR Part 271 

Administrative practice and 

procedure, Confidential business 

information, Environmental protection, 

Hazardous materials transportation, 

Hazardous waste, Indians—lands, 

Intergovernmental relations, penalties, 

and Reporting and recordkeeping 

requirements. 

Michael S. Regan, 

Administrator. 

For the reasons set out in the 

preamble, EPA proposes to amend title 

40, chapter I of the Code of Federal 

Regulations as follows: 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 1. The authority citation for part 261 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

6922, 6924(y) and 6938. 

■ 2. Appendix VIII to Part 261 is 

amended by adding in alphabetical 

order the following entries: 

Appendix VIII to Part 261—Hazardous 

Constituents 

* * * * * 

Common name Chemical abstracts name 

Chemical 

abstracts 

No. 

Hazardous 

waste No. 

HFPO–DA .......................................................................... Hexafluoropropylene oxide-dimer acid .............................. 13252–13–6 ..................

HFPO–DA salts and enantiomers.

PFBA ................................................................................. Perfluorobutanoic acid ....................................................... 375–22–4 ..................

PFBA salts and structural isomers.

PFBS ................................................................................. Perfluorobutanesulfonic acid ............................................. 375–73–5 ..................

PFBS salts and structural isomers.

PFDA ................................................................................. Perfluorodecanoic acid ...................................................... 335–76–2 ..................

PFDA salts and structural isomers.

PFHxA ............................................................................... Perfluorohexanoic acid ...................................................... 307–24–4 ..................

PFHxA salts and structural isomers.

PFHxS ............................................................................... Perfluorohexanesulfonic acid ............................................ 355–46–4 ..................

PFHxS salts and structural isomers.

PFNA ................................................................................. Perfluorononanoic acid ...................................................... 375–95–1 ..................

PFNA salts and structural isomers.

PFOA ................................................................................. Perfluorooctanoic acid ....................................................... 335–67–1 ..................

PFOA salts and structural isomers.

PFOS ................................................................................. Perfluorooctanesulfonic acid ............................................. 1763–23–1 ..................

PFOS salts and structural isomers.

PART 271—REQUIREMENTS FOR 

AUTHORIZATION OF STATE 

HAZARDOUS WASTE PROGRAMS 

■ 3. The authority citation for Part 271 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6926, 

and 6939g. 

■ 4. Section 271.1(j) is amended by 

adding the following entry to Table 1 in 

chronological order by date of 

publication to read as follows. 

§ 271.1 Purpose and scope. 

(j) * * * 

TABLE 1—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 

Promulgation date Title of regulation Federal Register reference Effective date 

*******

[DATE OF PUBLICATION OF 

FINAL RULE].

Listing of certain PFAS.6 [FEDERAL REGISTER PAGE 

NUMBERS FOR FINAL RULE].

[EFFECTIVE DATE OF FINAL 

RULE] 

* * * * * * * 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Proposed Rules 8621 

[FR Doc. 2024–02324 Filed 2–7–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R08–RCRA–2023–0424; FRL 11356– 

02–R8] 

South Dakota: Authorization of State 

Hazardous Waste Management 

Program Revisions and Incorporation 

by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to grant 

authorization to the State of South 

Dakota for the changes to its hazardous 

waste program under the Solid Waste 

Disposal Act, as amended, commonly 

referred to as the Resource Conservation 

and Recovery Act (RCRA). The EPA has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization, and is authorizing the 

State’s changes through a direct final 

action which can be found in the ‘‘Rules 

and Regulations’’ section of this Federal 

Register. In addition, the EPA is 

proposing to codify in the regulations 

entitled ‘‘Approved State Hazardous 

Waste Management Programs,’’ South 

Dakota’s authorized hazardous waste 

program. The EPA will incorporate by 

reference into the Code of Federal 

Regulations (CFR) those provisions of 

the State regulations that are authorized 

and that the EPA will enforce under 

RCRA. 

DATES: Send written comments by 

March 11, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

RCRA–2023–0424 at https://

www.regulations.gov. Follow the 

detailed instructions for submitting 

comments electronically or by other 

methods in the ADDRESSES section of the 

direct final rule located in the Rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Moye Lin at (303) 312–6667, lin.moye@

epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, the EPA is authorizing 

changes to the South Dakota program, in 

addition to codifying and incorporating 

by reference the State’s hazardous waste 

program as a direct final rule. The EPA 

did not make a proposal prior to the 

direct final rule because we believe 

these actions are not controversial and 

do not expect comments that oppose 

them. We have explained the reasons for 

this authorization and incorporation by 

reference in the preamble to the direct 

final rule. 

Unless EPA receives written 

comments that oppose the authorization 

and incorporation by reference during 

the comment period, the direct final 

rule will become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we get 

comments that oppose the 

authorization, we will withdraw the 

direct final rule and it will not take 

immediate effect. We will then respond 

to public comments in a later final rule 

based on this proposal. You may not 

have another opportunity for comment. 

If you want to comment on this action, 

you must do so at this time. 

Dated: January 25, 2024. 

KC Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2024–02311 Filed 2–7–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WC Docket No. 21–341; Report No. 3208; 

FR ID 201128] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for reconsideration; 

correction. 

SUMMARY: The Federal Communications 

Commission corrects a Proposed rule 

published in the Federal Register of 

January 29, 2024, announcing the dates 

for filing oppositions and replies to a 

Petition for Reconsideration of Action in 

a Rulemaking Proceeding, adopted by 

the Commission on November 15, 2023. 

The document contained an error in the 

Dates section, the contact information, 

and the subject of the supplementary 

information. 

DATES: February 8, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact 

Melissa Droller Kirkel, Competition 

Policy Division, Wireline Competition 

Bureau, at 202–418–7958 or 

Melissa.Kirkel@fcc.gov. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of January 29, 2024, in 

FR Doc. 2024–01632, on page 5451, the 

following corrections are made: 

Correction 

1. In the first column, last paragraph, 

correct the DATES caption to read: 

DATES: Oppositions to the Petitions 

must be filed on or before February 13, 

2024. Replies to oppositions must be 

filed on or before February 23, 2024. 

Correction 

2. In the second column, second 

paragraph from the top, correct the FOR

FURTHER INFORMATION CONTACT caption 

to read: 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact 

Melissa Droller Kirkel, Competition 

Policy Division, Wireline Competition 

Bureau, at Melissa.Kirkel@fcc.gov, 202– 

418–7958. 

Correction 

3. In the second column, fourth 

paragraph from the top, correct the 

SUPPLEMENTARY INFORMATION caption to 

read: 

Subject: Protecting Consumers from 

SIM Swap and Port-out Fraud (WC 

Docket No. 21–341). 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–02578 Filed 2–7–24; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2 and 30 

[ET Docket No. 21–186; FCC 23–114; FR 

ID 200939] 

Modifying Emissions Limits for the 

24.25–24.45 GHz and 24.75–25.25 GHz 

Bands; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; correction. 

SUMMARY: In this document, the 

Commission is correcting the docket 

number in a proposed rule that 

appeared in the Federal Register on 

January 29, 2024. The document 

proposes to implement certain decisions 

regarding the 24.25–27.5 GHz band 

made in the World 

Radiocommunication Conference held 

by the International Telecommunication 

Union (ITU) in 2019 (WRC–19). 

Specifically, the Commission proposes 

to align part 30 of the Commission’s 

rules for mobile operations with the 

Resolution 750 limits on unwanted 

emissions into the passive 23.6–24.0 

GHz band that were adopted at WRC– 

19. These proposed rule changes would 


lotter on DSK11XQN23PROD with PROPOSALS1