Earlier this month, the Biden Administration released its Unified Agenda for Spring 2024, outlining planned regulatory actions for the duration of this presidential term. These regulatory actions could be reversed by a different incoming administration should the Democrats not secure a second term.
The U.S. Environmental Protection Agency (US EPA) is expected to release a Final Rule in December 2024 that will provide a revised interpretation of EPA's authority to force corrective actions for releases of hazardous waste and constituents by hazardous waste facilities. The Proposed Rule, which lists nine per- and polyfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery Act (RCRA), is expected to be finalized in July 2025.
This Unified Agenda does not include an update on when additional PFAS may be added to the list of hazardous substances under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). It does, however, note that EPA will publish several other PFAS-related proposed rules with implications for water recycling. Later this month, EPA will publish a proposed rule to add additional PFAS to the Toxics Release Inventory. By September of this year, EPA will propose effluent limitation guidelines for PFAS manufacturers; and in June 2025, EPA will release a proposed rule on PFAS requirements for permits under the National Pollutant Discharge Elimination System (NPDES). | 
