Resource Conservation and Recovery Act Archives

November 20, 2024

A call for EPA action on climate risks to hazardous waste facilities

By Dana Drugmand

The US Environmental Protection Agency (EPA) should be doing more to help address potential climate change-related risks to hundreds of hazardous waste facilities across the country, according to a recent government watchdog report.

The Nov. 14 report, issued by the Government Accountability Office (GAO), examined the risks to hazardous waste treatment, storage, and disposal facilities (TSDFs) from flooding, storm surge, sea level rise, and wildfires, events expected to intensify and/or become more frequent with climate change.

More than 700 out of 1,091 federally regulated facilities, or about 68%, are located in areas vulnerable to these weather-related events, the report found. Roughly half of these facilities could be at risk of flooding and more than one-third are in areas vulnerable to wildfire, while almost 200, or 17%, , are in coastal areas at risk of inundation from storm surge.

Chemical waste drums, petroleum storage tanks, toxic landfills and other facilities that treat, store, or dispose of hazardous waste are regulated by EPA under the Resource Conservation and Recovery Act (RCRA) of 1976. While EPA sets national standards, states implement the regulations and provide enforcement. But, according to the GAO, states currently lack clear direction from EPA on how to assess or manage climate-related risks to hazardous waste facilities, particularly during inspections.

“People at EPA know about the risks, but there has not been real forward-leadership on this,” said Judith Enck, who served as a regional administrator for EPA during the Obama administration. “I can’t tell you how many times I would flag something and was told, ‘well we don’t have the resources and we really can’t do that until headquarters tells us to do something.’”

The EPA has started to take steps to address climate change risks at hazardous waste facilities. In June, for example, it issued guidance on how states can require management of these risks when facilities are permitted. But the GAO said the agency should take additional actions to clarify requirements for climate risk management and to improve and help states implement the guidance.

GAO made nine recommendations to the EPA, including offering training and technical assistance to states to help them understand and manage climate-related risks at hazardous waste facilities.

But as the agency prepares to transition to new leadership under the incoming Trump administration, there are questions around whether it will ultimately act upon the GAO recommendations, or if it will even have the resources to do so. The GAO report identified resource constraints as one of several challenges for addressing climate change risks to hazardous waste facilities.

February 1, 2024

EPA proposes adding PFAS to hazardous waste cleanup law

By Shannon Kelleher

Federal regulators today announced a proposal to update the definition of hazardous waste in the Resource Conservation and Recovery Act (RCRA) to include a class of chemicals known as PFAS, a move designed to help ensure cleanups of these so-called “forever chemicals” at hazardous waste facilities.

The Environmental Protection Agency (EPA)’s proposed rules will also add nine per- and polyfluoroalkyl substances (PFAS) to a list of substances in the act that are considered in assessments of facilities used to treat, store, and dispose of hazardous waste. The updates will strengthen protections for communities located near the 1,740 hazardous waste facilities across the US, the Environmental Protection Agency (EPA) said in a statement.

“Today’s announcement by the EPA will ensure that quick action can be taken to clean up PFAS and will send a powerful signal to industry to be good stewards of their PFAS wastes,” said Scott Faber, senior vice president for government affairs at The Environmental Working Group nonprofit in a statement.

PFAS chemicals do not break down naturally and can leach into drinking water from industrial sites, sewage treatment plants, and landfills. PFAS have been found in at least 45% of US tap water and in the blood of about 97% of Americans. Exposure to the chemicals has been linked to numerous health problems, including certain cancers.

Over 700 military sites nationwide have been either found to have discharged or are suspected of having discharged PFAS into the environment, often from firefighting foam that contains the toxic chemicals.