State Power Over PFAS Waste Cleanups Unclear as US Weighs Rules

States face uncertainty about their authority under a federal waste law to order PFAS waste cleanups, especially as those orders apply to federal agencies, but pending regulations and an ongoing court case could clarify questions.

The Environmental Protection Agency has used a federal waste law, the Resource Conservation and Recovery Act (RCRA), to order investigations or other actions addressing perfluoroalkyl or polyfluoroalkyl substances (PFAS) at least as far back as 2004.

But it’s not as clear whether states—even when they’re authorized to implement RCRA—can order facilities to clean up PFAS wastes using that law’s definition of hazardous wastes.