Two speakers sit at a table with product packaging that contains PFAS.

Bryan Staley of the Environmental Research & Education Foundation and Amy Brittain of the Oklahoma Department of Environmental Quality mention PFAS in product packaging, such as food wrappers and cosmetics, during a congressional briefing on March 27, 2023. Megan Quinn/Waste Dive

By Megan Quinn, Waste Dive

WASHINGTON, DC:  The waste industry asked Congress on Monday to intervene on a proposed Superfund update they say could have damaging effects on their ability to safely manage PFAS-containing materials and cost them millions.

At issue is the EPA’s proposed rule to designate two PFAS compounds as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, known as Superfund. It’s separate from another recent EPA proposal to set drinking water standards for six types of PFAS. 

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During a congressional briefing on Monday, landfill operators — along with composters, recyclers, water treatment plant operators, and others who consider themselves “passive receivers” of PFAS-containing material — said the inclusion of the PFAS as hazardous under CERCLA could have costly unintended consequences. The National Waste & Recycling Association and the Solid Waste Association of North America hosted the briefing for aides from multiple congressional offices.

The designation of PFOS and PFOA as hazardous substances could mean such facilities would have to start rejecting PFAS-containing material, incur new costs for sorting or processing the material, or face costly lawsuits related to the per-and polyfluoroalkyl substances, they said. 

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