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Waste industry groups warn looming PFAS regulations could cost them millions

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.

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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Delaware Riverkeeper Network “wholeheartedly endorses” EPA’s proposed regulations for PFAS

*The EPA estimates this rule could reduce PFAS exposure for nearly 100 million Americans, decreasing rates of cancer, heart attacks and birth complications. (Shutterstock)*

Michelle Rotuno-Johnson, Patch Staff

NEW JERSEY — The Environmental Protection Agency gave water officials in New Jersey more information Tuesday on what they’ll have to do to reduce harmful PFAS, or “forever chemicals,” in water supplies.

PFAS, or per-and polyfluorinated substances, don’t degrade in the environment and are linked to a broad range of health issues, including low birthweight babies and kidney cancer. Drinking water is a significant way that people are exposed to PFAS across the nation and towns across New Jersey, the agency said.

The EPA said limiting these chemicals to the lowest level tests can detect will save thousands of lives and prevent serious illnesses, including cancer. This is the first time the EPA has proposed regulating a toxic group of compounds that are widespread, dangerous, and expensive to remove from the water.

The agency also estimates the rule could reduce PFAS exposure for nearly 100 million Americans, decreasing cancer rates, heart attacks, and birth complications.

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No state is untouched by PFAS contamination, according to a map compiled by the Environmental Working Group, a nonprofit organization sometimes criticized for exaggerating certain toxicity risks. But a growing body of scholarly and government research backs the assertion of both the EPA and EWG that, even at low levels currently, these chemicals can cause harm over a person’s lifetime.

PFAS can be found in water systems throughout the state, according to the EWG’s interactive map.

The Delaware Riverkeeper Network “wholeheartedly endorses” the EPA’s plan to propose national drinking water regulations for PFAS compounds. Deputy Director Tracy Carluccio said this action would “finally” protect Americans from exposure to toxic chemicals in their drinking water in a statement Tuesday.

“The science-based foundation developed by EPA for this rule provides incontrovertible evidence of the enormous risks to health posed by these PFAS compounds, including declaring both PFOA and PFOS to be “likely carcinogens,” said Carluccio. “The benefits calculated by EPA include the prevention of tens of thousands of deaths per year, making immediate action imperative. The federal rule has been a long time coming and we will advocate that the public rulemaking process move ahead on urgent footing.”

The Environmental Working Group has a large number of PFAS contaminations recorded in New Jersey on its site; these comprise quantities both above and below proposed limits and are found at schools, fire departments, water utility providers, and other locations around the state.

Cities or areas in New Jersey where PFAS contamination has been detected in the water supply include:

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Did PFAS in Vets Stadium turf kill 6 Philadelphia Phillies? [UPDATED]

“Forever chemicals” which advocates say caused cancer clusters in Willow Grove and elsewhere are now correlated to the deaths of 6 Phillies.

By Justin Heinz, Patch Staff, March 6, 2023

PHILADELPHIA, PA — At a time when cigarette smoke clouded press boxes and club boxes, the Broad Street Bullies played next door, and powder blues were donned by the Phils unironically, one of the most notorious ballparks in the world was in south Philadelphia. It was a different age indeed, but for more than the cigar-chomping fanatics in Rose and Schmidt jerseys, holding golf pencils and scorecards as they prowled above the bowels of a stadium so violent and anarchic it had its own court and its own prison.

Veterans Stadium, for all its grit and guts and glory, harbored a dark secret: chemicals in the artificial turf, the AstroTurf once proclaimed as a futuristic technological wonder, known to cause cancer and other deleterious effects. And not just any chemicals, but the “forever” chemicals called per-and polyfluoroalkyl substances, also known collectively as PFAS, already infamous in the Philadelphia area and sparking scandal in communities around the country.

That’s according to a new investigative report from the Inquirer, run by reporters who purchased souvenir samples of the old Vet turf online and commissioned diagnostics through a local Eurofins Environmental Testing laboratory.

It’s the first study of its kind definitively linking PFAS to the Vet’s playing surface, which has already been under scrutiny and faded from style for a generation due to the number of joint injuries it caused players.

Six former Phillies who played at the Vet, which was the home of both the Phillies and the Eagles from 1971 to 2003, have all died from glioblastoma, a form of aggressive brain cancer. The names are so familiar to those of that broken golden age of Philadelphia baseball: Darren Daulton, David West, John Vukovich, John Oates, Ken Brett, and Tug McGraw.

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EPA sets Mid-Atlantic PFAS ‘listening session’

PHILADELPHIA (February 16, 2023) – The U.S. Environmental Protection Agency is holding a virtual listening session on EPA’s PFAS Strategic Roadmap for residents living in EPA’s Mid-Atlantic Region Thursday, March 2 from 6-8 p.m.

This Zoom meeting will provide information about EPA’s ongoing work under the PFAS Strategic Roadmap and what it means for the mid-Atlantic region, which includes Delaware, Maryland, Pennsylvania, Virginia, West Virginia and Washington, D.C.

The session will provide opportunities for communities to share feedback directly with EPA representatives about the actions described in the Roadmap. Residents interested in participating can register online at: https://pfascommunityengagement.org/register .

Background

In October 2021, EPA Administrator Michael S. Regan announced the Agency’s PFAS Strategic Roadmap—laying out a whole-of-agency approach to addressing per- and polyfluoroalkyl substances, or PFAS. The Roadmap sets timelines by which EPA plans to take specific actions and commits to bolder new policies to safeguard public health, protect the environment, and hold polluters accountable. The actions described in the PFAS Roadmap each represent important and meaningful steps to safeguard communities from PFAS contamination. Cumulatively, these actions will build upon one another and lead to more enduring and protective solutions.

In November 2022, EPA released “A Year of Progress Under EPA’s PFAS Strategic Roadmap,” which underscores key actions taken by the agency during the first year of implementing the PFAS Roadmap. EPA continues to implement a whole-of-agency approach, advancing science, and following the law to safeguard public health, protect the environment, and hold polluters accountable. Concurrently with this one-year progress report, EPA announced that it will hold virtual community engagement events in each EPA Region in 2023, which EPA’s Mid-Atlantic Region is announcing today.

These engagements align with recommendations from the National Environmental Justice Advisory Council and EPA’s Roadmap commitment to engage directly with stakeholders. Recognizing the unique and pervasive impacts of PFAS on Tribal communities, EPA is also planning to hold a session specifically designed to hear from our Tribal partners.

More information on EPA’s efforts on PFAS is available at www.epa.gov/pfas

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More leachate regs coming from EPA after study finds PFAS at 95% of surveyed landfills

A photo of the EPA entrance sign in the foreground of the agency's building — *Photo by Justin Sullivan/Getty Images via Getty Images*

The agency is assessing new effluent limitation guidelines and pretreatment standards, but their effect on daily operations is not clear. WM, Republic Services, and waste trade groups have weighed in.

By Megan Quinn, Waste Dive

The U.S. EPA has announced plans to develop new effluent limitation guidelines and pretreatment standards for landfill leachate due to the presence of PFAS.

The recommendation is based on a study of 200 landfills it conducted in September 2021, which found PFAS was present in leachate at 95% of the locations. It counted 63 different PFAS among the sites surveyed.

It’s not yet clear when new rules would take effect or how they might impact daily landfill operations, in part because the process is “pending resource availability” according to the report. The waste industry is also awaiting other EPA decisions on PFAS that could affect operations, such as the anticipated regulation of certain PFAS as hazardous substances under the Resource Conservation and Recovery Act and the establishment of certain drinking water standards.

David Biderman, executive director and CEO of the Solid Waste Association of North America, called the ELG announcement a “potentially significant development.” He said in an email that SWANA has been discussing the news with members and “will be developing its response in the coming months.”

SWANA met with the EPA during the landfill study stakeholder process. The agency also met with the National Waste & Recycling Association, WM and Republic Services, and the Association of State and Territorial Solid Waste Management Officials.

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EPA’s final Phase I Environmental Site Assessment standard ends confusion regarding liability for PFAS properties

By Matthew C. Wood, Babst Calland, in the National Law Review

On December 15, 2022, the U.S. Environmental Protection Agency (EPA) published a final rule amending its All Appropriate Inquiries (AAI) Rule to incorporate ASTM International’s E1527-21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” (Final Rule).¹ The Final Rule – effective February 13, 2023 – allows parties conducting due diligence to utilize the E1527-21 standard to satisfy the AAI requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), for the purpose of obtaining liability protections when acquiring potentially contaminated properties.

Specifically, “bona fide prospective purchasers,” “contiguous property owners,” and “innocent landowners” can potentially obtain CERCLA liability protection by complying with the AAI Rule. More broadly, however, other regulating bodies, such as states, often require or recommend using the E1527 standard for evaluating potentially contaminated properties prior to purchase.

The Final Rule’s publication ends months of speculation and confusion about when and how the EPA would address E1527-21 and its prior version, E1527-13. After ASTM issued E1527-21 in November 2021, EPA published an applicable direct final rule (and accompanying proposed rule, requesting comments on the direct final rule) in March 2022 incorporating E1527-21 into the AAI Rule, but also allowing parties to continue to use E1527-13 to satisfy AAI requirements.

Many commenters opposed this approach, predicting confusion about which standard to use and pointing out that ASTM would eventually do away with E1527-13. In response to these comments, EPA withdrew the direct final rule in May 2022. The Final Rule addresses these concerns by removing the AAI Rule’s reference to the E1527-13 standard one year from the Final Rule’s publication in the Federal Register, i.e., December 15, 2023. Until then, any Phase I Environmental Site Assessment (ESA) conducted using E1527-13 will be considered compliant under the AAI Rule.

Among its many updates, E1527-21 adds definitions for certain terms (e.g., “significant data gap”) and updates other definitions for clarity and consistency (e.g., “recognized environmental condition”); it explains how long a Phase I ESA remains viable (no more than 180 days prior to property acquisition, or up to one year if certain components are updated); and expands the scope of the subject property’s historical review to include adjoining properties.

One of the most notable and potentially significant updates is E1527-21’s discussion of “emerging contaminants,” or “substances not defined as hazardous substances under CERCLA,” which includes a discussion of how and whether to address per- and polyfluoroalkyl substances (PFAS).

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Some states not waiting on feds to address PFAS

“Proactive” reductions of PFAS in packaging, clothing, and biosolids are among the state-level actions that could have long-term implications for waste.

By Megan Quinn Waste Dive

As the waste industry awaits new federal guidance, states are developing regulations and laws on how to manage PFAS in everything from packaging to clothing to biosolids. The question for waste companies is how these decisions could affect daily facility operations down the line.

The U.S. EPA is not expected to develop standards for certain per- and polyfluoroalkyl substances until next year, but the waste industry has asked Congress to grant MSW landfills a narrow exemption from liability if certain PFAS eventually are designated as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA.

High levels of ‘forever chemicals’ found near military bases
The Defense Department will investigate U.S. sites for PFAS
‘Unprecedented’ PFAS Drinking Water Standard is under review in Pa

In May, the National Waste & Recycling Association and the Solid Waste Association of North America submitted a joint letter to the Senate Environment and Public Works Committee, arguing that CERCLA regulation could have unintended consequences, such as forcing landfills to restrict PFAS-containing waste; could raise the costs for managing the material, or could force landfills to pay litigation costs in PFAS-related lawsuits. MSW landfills are passive recipients of PFAS-containing items, and they do not otherwise manufacture or use PFAS, thus they should not have to be liable for PFAS contamination issues as they consider themselves “part of the long-term solution to managing these compounds,” the letter stated.

In the meantime, some of the recent, relevant PFAS management updates have come from states that are motivated to reduce residents’ exposure to the substances and take a more proactive approach to the chemicals, said Craig Butt, a PFAS scientist at SCIEX. “The states are not waiting for the federal government to make a decision. They’re being more proactive, so we’re seeing more state-level decisions come online,” he said.

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Assembly committee to take testimony on PFAS contamination in New Jersey water

Drinking water is one of the most common routes of exposure to PFAS.

The Assembly Environment and Solid Waste Committee next week will receive testimony from invited guests concerning per- and polyfluoroalkyl substances (PFAS) in the State’s waterways and drinking water supplies.

The committee will meet at 2 p.m. on Thursday, March 10, 2022, in Committee Room 9, 3rd Floor, State House Annex, Trenton, New Jersey.

The State House Annex has reopened to the general public. The Committee will meet in person and there will not be an option to participate by telephone or video. Visitors are required to wear a mask at all times. Masks are mandatory inside the State House Annex, including in Committee Rooms, hallways, and other facilities.

The public may address comments and questions to Carrie Anne Calvo-Hahn, Committee Aide, or make bill status and scheduling inquiries to Stephanie Cenneno, Secretary, at (609) 847-3855, fax (609)292-0561, or e-mail: OLSAideAEN@njleg.org. Written and electronic comments, questions and testimony submitted to the committee by the public, as well as recordings and transcripts, if any, of oral testimony, are government records and will be available to the public upon request.

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‘Unprecedented’ PFAS Drinking Water Standard is under review in Pennsylvania

The state is considering a step it’s never taken in its history in an effort to keep drinking water safe and clean.

Justin Heinze, Patch Staff

PENNSYLVANIA — A new drinking water health standard has been proposed in Pennsylvania that officials are hopeful will protect residents from PFAS, long-lasting chemicals used in certain products that leak into the groundwater. The step is described as “unprecedented” as Pennsylvania has never set a state-level specific limit for a substance in drinking water.

The new rule would set a maximum contaminant level of 18 parts per trillion for perfluorooctane sulfonic acid (PFOS) and 14 perfluorooctanoic acid (PFOA). Both are stricter than the U.S. Environmental Protection Agency’s ruling of 70 ppt.

Pennsylvania leaders say they are at the forefront of limiting PFAS in drinking water.https://293baf1e9e16382e14bec7326f5d42a2.safeframe.googlesyndication.com/safeframe/1-0-38/html/container.html

“Since Governor Tom Wolf signed an executive order in 2018, DEP has worked tirelessly to protect Pennsylvanians from these chemicals,” DEP Secretary Patrick McDonnell said in a statement.

A 60-day public comment period began on Saturday for residents to evaluate the new proposal.

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California adopts new recycling label and PFAS laws

Laws governing recycling labels, plastic waste exports and PFAS signed in California

By Adam Redling Waste Today

California Gov. Gavin Newsom signed a package of legislation Oct. 5 designed to raise consumer awareness and industry accountability pertaining to recycling. Additionally, Newsom signed bills designed to protect Californians and the environment from harmful chemicals.

Among the measures signed is SB 343, introduced by Sen. Ben Allen of Santa Monica, which requires products to meet certain benchmarks in order to be advertised or labeled as recyclable. This legislation will help consumers to clearly identify which products are recyclable in California.

“California’s hallmark is solving problems through innovation, and we’re harnessing that spirit to reduce the waste filling our landfills and generating harmful pollutants driving the climate crisis,” Newsom says. “With today’s action and bold investments to transform our recycling systems, the state continues to lead the way to a more sustainable and resilient future for the planet and all our communities.”

In September, Newsom announced that the California Comeback Plan’s $15 billion climate package—the largest such investment in state history—includes $270 million to support a circular economy that advances sustainability and helps eliminate short-lived climate pollutants from the waste sector. To raise demand for recyclables and attract green industry to California, the package includes funding to support the work of CalRecycle’s new Office of Innovation in Recycling and Remanufacturing. Additional funds will support organic waste infrastructure, food recovery efforts and composting, and remanufacturing and recycling infrastructure. These funds include investments in disadvantaged communities.

Newsom also signed AB 881 into law Oct. 5. The bill, introduced by Assembly Member Lorena Gonzalez of San Diego, discourages practices resulting in exported plastic that becomes waste and ensures that only exports of truly recycled plastics count toward state waste reduction and recycling metrics. SB 619, introduced by Sen. John Laird of Santa Cruz, provides local governments additional paths to meet the climate goals of California’s Short-Lived Climate Pollutant law; AB 1311, introduced by Assembly Member Jim Wood of Santa Rosa, allows more flexible operations for beverage container recycling centers to reduce overhead and increase redemption access statewide; and AB 1201, introduced by Assembly Member Phil Ting of San Francisco, strengthens labeling requirements to ensure products labeled “compostable” are actually compostable and to keep harmful chemicals out of California’s compost stream.

To further reduce exposure and increase awareness surrounding perfluoroalkyl and polyfluoroalkyl substances (PFAS), Newsom signed AB 1200, introduced by Assembly Member Ting, which prohibits disposable food packaging from containing intentionally added PFASs and requires cookware manufacturers to disclose the presence of hazardous chemicals such as PFAS on product labels and online. AB 652, introduced by Assembly Member Laura Friedman of Glendale, bans the use of toxic PFAS in products for children, such as car seats and cribs, beginning July 1, 2023. Earlier this year, the state required manufacturers of carpets and rugs to consider less toxic alternatives to PFAS, which poses a particular exposure risk to children when used in carpets and rugs.

A list of the bills signed by Newsome, including the full text, is available online.

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The state is considering a step it’s never taken in its history in an effort to keep drinking water safe and clean.

Laws governing recycling labels, plastic waste exports and PFAS signed in California

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