Waste industry responds to EPA’s proposed PFAS CERCLA rule

The Solid Waste Association of North America (SWANA), Silver Spring, Maryland, submitted joint comments today with the National Waste & Recycling Association (NWRA), Arlington, Virginia, in response to the U.S. Environmental Protection Agency’s (EPA) proposal to designate two per- and polyfluoroalkyl substances (PFAS) compounds as hazardous. The designation would be made under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  

The EPA has proposed to designate perfluorooctanoic acid and perfluorooctanesulfonic acid, including their salts and structural isomers, as hazardous substances. This proposed rulemaking would increase transparency around releases of these chemicals and help to hold polluters accountable for cleaning up their contamination, the agency says.    

The joint comments address industry concerns that PFAS regulation under CERCLA will assign environmental cleanup liability to essential public services and their customers. While the EPA has indicated it has discretion over enforcement to avoid going after passive receivers, that would not prevent manufacturers and heavy users of PFAS from bringing claims for contribution against landfills and others.  

“SWANA is very concerned about the unintended consequences of imposing Superfund liability on passive receivers such as landfills,” says the association's Executive Director and CEO David Biderman. “The mere prospect of such liability is already slowing down site cleanups and increasing costs. We didn’t manufacture or use PFAS, nor did we profit from it. Our landfills accepted it in the waste that we safely manage. It makes little sense to impose the draconian penalty of Superfund liability on solid waste landfills for PFAS.”  

SWANA also joined comments submitted by a coalition of passive receivers of PFAS compounds expressing concern that the proposed rule could result in significantly increased costs for essential public service providers and the communities they serve while undercutting the administration’s broader human health and environmental protection goals. In addition to SWANA, the letter was signed by the American Public Works Association, the National Association of County Officials, the National League of Cities, the NWRA, the North East Biosolids & Residuals Association, the U.S. Composting Council, U.S. Conference of Mayor, and Wisconsin Counties Solid Waste Management Association.  

The associations continue to advocate that the solid waste industry be provided a limited exemption under CERCLA, along with other passive receivers in addition to meeting with offices in both the U.S. House of Representatives and Senate and other organizations to ensure that CERCLA liability is imposed on the industries that created and profited from these hazardous substances, not taxpayers. 

Related: NWRA, SWANA seek relief from CERCLA liability for PFAS at landfills