NWRA thanks U.S. Sen. Cynthia Lummis (R-WY) for introducing legislation that would protect certain industries, including the waste and recycling industry, from lawsuits brought under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In 2022, the Environmental Protection Agency (EPA) proposed a rule that would subject any entity with per- and polyfluoroalkyl substances (PFAS) contamination to potential CERCLA liability from the EPA and third parties.
Sens. Roger Wicker (R-MS), John Boozman (R-AR), Kevin Cramer (R-ND), Pete Ricketts (R-NE), Markwayne Mullin (R-OK), Dan Sullivan (R-AK) and Lindsay Graham (R-SC) cosponsored this legislation. “NWRA has consistently sought relief from CERCLA liability for PFAS at landfills,” said NWRA President and CEO Darrell Smith. “We believe a narrow exemption for the municipal solid waste industry serves to keep CERCLA liability on the industries that created the pollution. NWRA appreciates these senators taking a balanced approach to ensure that landfills will remain the safest method to manage solid waste.”
Last year, NWRA submitted comments to the EPA that urged the agency not to designate PFAS as hazardous substances under CERCLA. NWRA recommended the EPA convene the stakeholder community to discuss the best approaches to retain the benefits of products that contain PFAS and reduce the adverse impacts of PFAS on human health and the environment.