PFAS may become listed as Hazardous Constituents Before the close of 2023, the White House Office of Management and Budget (OMB) cleared the EPA’s proposal to list specific perfluoroalkyl substances (PFAS) as hazardous constituents under the Resource Conservation and Recovery Act (RCRA) program. The proposal is expected to list perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), perfluorobutanesulfonic acid, and hexafluoropropylene oxide dimer acid as hazardous constituents. RCRA, the statute most widely recognized for regulating the management and disposal of waste materials, also manages a Corrective Action Plan program for facilities linked to the release of hazardous constituents. This listing is in response to a petition from New Mexico in 2021 to advance contaminated site cleanup of PFAS and is considered a stepping-stone to designating hazardous wastes under RCRA. Contaminated site cleanup of PFAS and is considered a stepping-stone to designating hazardous wastes under RCRA. WaterSense proposals could benefit conservation programs EPA’s WaterSense program recently issued two proposals that could impact utility conservation programs. WaterSense labeling allows manufacturers to promote higher efficiency products while giving utility conservation programs clear pathways to encourage and incentivize water savings. The two proposals recently issued are: Spray Sprinkler Nozzles . Although spray sprinkler bodies can already be labeled, spray sprinkler nozzles area new proposed specification. Based upon EPA’s assessment, replacement of standard nozzles with WaterSense labeled nozzles would likely save 5% of an irrigation system’s water use without changing the amount applied to the intended area. EPA welcomes comments on the specification through March 1. Tank-Type Toilets update . Tank-type toilets have been a part of WaterSense for many years. The proposal updates the specification primarily by changing the specification for dual-flush toilets, so that both flush modes must meet the 1.28 gallon per flush standard. The update also makes minor changes, updates, and clarifications. EPA is requesting comments through Feb. 23. House members reintroduce PFAS Action Act A group of 14 members of the U.S. House of Representatives reintroduced the PFAS Action Act , which would require EPA to establish a national primary drinking water standard for certain PFAS, accelerate the designation of PFOA and PFOS as hazardous substances under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), designate PFOA and PFOS as hazardous air pollutants, and place discharge limits on industrial releases of PFAS. Rep. Debbie Dingell (D-Mich.) announced the bill’s introduction in a press release last month. This version of the PFAS Action Act does not include CERCLA liability exemptions for any entity. A previous version included liability exemptions for airports, which were required to use aqueous film-forming foam (AFFF) firefighting foams containing PFAS. The bill is unlikely to advance in the Republican controlled House of Representatives. EPA announces final WIFIA loans of 2023 EPA closed out 2023 by announcing three Water Infrastructure Finance and Innovation Act (WIFIA) loans totaling $180 million. The loans include $92 million for Santa Clara Valley Water District to support planning and design for long-term water storage capacity, $70 million for San Bernardino Valley Municipal Water District to expand groundwater basins to capture and recharge stormwater, and $17 million for Sharyland Water Supply Corporation to enhance water infrastructure.