Last month, the North East Biosolids & Residuals Association, the New England Water Environment Association, the Solid Waste Association of North America (SWANA), and the National League of Cities, were among the more than 30 organizations signing onto a letter to Congress asking for statutory relief from the so-called “Superfund Law” that requires identified polluters to pay for cleanup of contaminated sites.  The letter, drafted by a group referring to themselves as “passive receivers” of pre and polyfluoroalkyl substances (PFAS), specifically asked for relief from the liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The organizations represent drinking water, wastewater, stormwater, landfill and composting facilities operators among others.

The EPA has proposed to designate several PFAS compounds as hazardous under CERCLA and has plans to add more to the list. The EPA has stated that it would use its discretionary authority to target the sources of PFAS contamination, but that does not prevent private parties from bringing passive receivers into a CERCLA clean up action.

The letter to Senator Tom Carper, Chair of the Committee on Environment and Public Works, and Ranking Member Shelly Moore Capito, directly asks Congress to afford passive receivers a “narrow exemption” from CERCLA liability for their roles in managing PFAS in the environment.  Without that exemption, the letter argues that dealing with PFAS will shift from a “polluter pays” model to a “community pays” model. 

According to an April 25th report in Greenwire by E.A. Crunden (POLITICO Pro | Article | Industry groups press Congress for 'forever chemicals' relief), “The water and waste industries have not opposed PFAS regulations point blank. Many groups have actually pushed for stricter limitations and bans on the chemicals to stop them from entering the market and new products. Those items ultimately wind up in disposal systems, furthering the problem facing utilities.”

The letter followed on the heels of an in-person congressional briefing titled “PFAS Policy and Practice: The Role of Local Government and Essential Public Services” held on March 27th. That briefing involved many of the same organizations signing the April 24th letter including the U.S. Composting Council, the U.S. Conference of Mayors, and the SWANA. Also participating in the congressional briefing was Eric Labelle who is with the Wastewater Department for the Town of Kennebunkport, Maine, where PFAS has been a big issue.  According to NEBRAMail’s sources, there is strong support by the Maine congressional delegation to exempt passive receivers such as the WRRFs and especially farmers from PFAS liability under CERCLA.

For a good summary of the March 27th PFAS Receivers briefing, go to Waste industry groups call for Congressional support against looming PFAS regulations | Waste Dive.