NWRA Urges Senate to Oppose Legislation that would Subject Communities to CERCLA Requirements

NWRA Urges Senate to Oppose Legislation that would Subject Communities to CERCLA Requirements

Recommends Narrow Exemption from CERCLA Liability 

Arlington, VA – The National Waste & Recycling Association (NWRA), with support from the Solid Waste Association of North America (SWANA), wrote to Senate leadership expressing concerns with H.R. 2467, the PFAS Action Act of 2021. The legislation would require the Environmental Protection Agency to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Doing so could inadvertently subject communities to increased environmental burdens and waste disposal costs.

“While we share the goal of addressing per- and polyfluoroalkyl substances (PFAS) contamination and holding accountable those entities that are responsible for releasing it into the environment, H.R. 2467 would instead assign environmental cleanup liability to innocent, essential public services and their customers,” said NWRA President and CEO Darrell Smith. “We have no choice but to oppose the legislation and encourage you to vote against it in its current form.”

H.R. 2467 would offer a CERCLA liability shield to airports that release PFAS into their environment through their use of firefighting foam. As receivers of PFAS, Congress should extend the same CERCLA liability protection to municipal solid waste landfills. The letter includes draft legislative language that provides a narrow exemption from CERCLA liability for municipal solid waste landfills.


The National Waste & Recycling Association (NWRA) represents the private sector waste and recycling services industry. Association members conduct business in all 50 states and include companies that manage waste, recycling and medical waste, equipment manufacturers and distributors, and a variety of other service providers. For more information about NWRA, please visit www.wasterecycling.org.

Brandon Wright
National Waste and Recycling Association