SWANA Advocates for PFAS Liability Exemptions for Landfills and Other Passive Receivers

For years, SWANA has been advocating for protection for MSW landfills and other passive receivers with a narrow exemption from liability if certain PFAS are designated as hazardous substances.

The US Senate Environment and Public Works (EPW) Committee is planning a hearing on the topic of PFAS and liability on March 20, 2024, which will focus on both the water and waste sectors. The hearing announcement will be posted to the committee’s website: https://www.epw.senate.gov/public. SWANA will be attending the hearing and will continue to advocate for protections for passive receivers. Chapters and individual organizations have the option of submitting letters to the committee as a whole or to their elected representatives who sit on the committee.

In addition, the US EPA has released proposed rules for the “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units” and  “Listing of Specific PFAS as Hazardous Constituents.” The rules are meant to clarify EPA’s authority to identify and clean up emerging chemicals of concern under the Resource Conservation and Recovery Act (RCRA) at permitted hazardous waste facilities. Information on this can be found on the EPA website:

• Proposal to Clarify Authority to Address Releases of Hazardous Waste at Treatment, Storage, and Disposal Facilities
• Proposal to List Nine Per- and Polyfluoroalkyl Compounds as Resource Conservation and Recovery Act Hazardous Constituents

The Leachate & Landfill Liquids Committee of the SWANA Landfill Management Technical Division has been reviewing these proposed rules and is planning to submit comments to stress the importance of protections for MSW landfills and other passive receivers.