NWRA Urges Senate to Oppose Legislation that would Subject Communities to CERCLA Requirements

Arlington, VA – The National Waste & Recycling Association (NWRA) with support from the Solid Waste Association of North America (SWANA), wrote to Senate leadership expressing concerns with H.R. 2467, the PFAS Action Act of 2021. The legislation would require the Environmental Protection Agency (EPA) to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Doing so could inadvertently subject communities to increased environmental burdens and waste disposal costs.

“While we share the goal of addressing 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,” said NWRA President and CEO Darrell Smith. “We have no choice but to oppose the legislation and encourage you to vote against it in its current form.”

H.R. 2467 would offer a CERCLA liability shield to airports that release PFAS into their environment through their use of firefighting foam. As receivers of PFAS, Congress should extend the same CERCLA liability protection to municipal solid waste landfills. The letter includes draft legislative language that provides a narrow exemption from CERCLA liability for municipal solid waste landfills.