NWRA urges opposition to the PFAS Action Act of 2021

The National Waste & Recycling Association (NWRA), Arlington, Virginia, with support from the Solid Waste Association of North America (SWANA), Silver Spring, Maryland, has expressed concerns with H.R. 2467, the PFAS Action Act of 2021. The two waste groups have urged the U.S. Senate to oppose the act in a letter written Aug. 9.

According to a news release from the NWRA, the legislation would require the Environmental Protection Agency (EPA) to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). According to the groups, doing so could inadvertently subject communities to increased environmental burdens and waste disposal costs.

“While we share the goal of addressing per- and polyfluoroalkyl substances (PFAS) contamination and holding accountable those entities that are responsible for releasing it into the environment, H.R. 2467 would instead assign environmental cleanup liability to innocent essential public services and their customers,” says Darrell Smith, president and CEO of the NWRA. “We have no choice but to oppose the legislation and encourage you to vote against it in its current form.”

According to the NWRA, H.R. 2467 would offer a CERCLA liability shield to airports that release PFAS into their environment through their use of firefighting foam. Congress should extend the same CERCLA liability protection to municipal solid waste landfills as receivers of PFAS, NWRA contends.

The letter to the Senate includes draft legislative language that provides a narrow exemption from CERCLA liability for municipal solid waste landfills.