Advocacy

Solid Waste Industry Responds to EPA’s Proposed PFAS CERCLA Rule

The Solid Waste Association of North America (SWANA) submitted joint comments on November 7 with the National Waste & Recycling Association (NWRA) in response to the US Environmental Protection Agency’s (EPA) proposed rule to designate two PFAS compounds as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

The joint comments address industry concerns that PFAS regulation under CERCLA will assign environmental cleanup liability to essential public services and their customers. While EPA has indicated it has discretion over enforcement to avoid going after passive receivers, that would not prevent manufacturers and heavy users of PFAS from bringing claims for contribution against landfills and others.

“SWANA is very concerned about the unintended consequences of imposing Superfund liability on passive receivers such as landfills,” stated David Biderman, SWANA’s Executive Director and CEO. “The mere prospect of such liability is already slowing down site cleanups and increasing costs. We didn’t manufacture or use PFAS, nor did we profit from it. Our landfills accepted it in the waste that we safely manage. It makes little sense to impose the draconian penalty of Superfund liability on solid waste landfills for PFAS.”

SWANA also joined comments submitted by a coalition of passive receivers of PFAS compounds expressing concern that the proposed rule could result in significant increased costs for essential public service providers and the communities they serve while undercutting the Administration’s broader human health and environmental protection goals. In addition to SWANA, the letter was also signed by American Public Works Association, National Association of County Officials, National League of Cities, National Waste & Recycling Association, North East Biosolids & Residuals Association, US Composting Council, US Conference of Mayors, and Wisconsin Counties Solid Waste Management Association.

SWANA continues to advocate that the solid waste industry be provided a limited exemption under CERCLA along with other passive receivers. In addition to meeting with offices in both the US House of Representatives and Senate, SWANA has engaged directly with the White House Council on Environmental Quality, Office of Information and Regulatory Affairs, EPA Office of Land and Emergency Management, Small Business Administration Office of Advocacy, and others to ensure that CERCLA liability is imposed on the industries that created and profited from these hazardous substances—not taxpayers.

2022 Global Commitment Progress Report on Plastic Pollution

The New Plastics Economy Global Commitment progress report recently issued by the Ellen MacArthur Foundation and the UN Environment Programme provides a snapshot of how more than 500 organizations are progressing on a common vision of a circular economy for plastics. SWANA has been a supporter of the Global Commitment since its inception and is a member of the U.S. Plastics Pact.

Measurable progress is being made against the Global Commitment, but the use of flexible packaging and a lack of investment in collection and recycling infrastructure means the 100% reusable, recyclable, or compostable plastic packaging by 2025 target is becoming unattainable for most signatory businesses.

The 2022 Global Commitment progress report also highlights:

• The use of recycled content in plastic packaging continues to rise strongly, having doubled in the past three years
• Over half of business signatories have cut their use of virgin plastics since 2018, but overall use among the group increased in 2021 back to 2018 levels
• The share of plastic packaging that is reusable decreased slightly to an average of 1.2 percent

Four years after launching the New Plastics Economy Global Commitment, the 2022 annual report shows progress varies across the signatory group. Government signatories to the Global Commitment now represent one billion people. More than 500 businesses, governments, NGOs and other organizations have aligned themselves behind a common vision of a circular economy for plastics.