NWRA Applauds Introduction of Legislation to Protect Waste and Recycling Industry from Lawsuits Related to PFAS Contamination Under CERCLA

May 10, 2023

2 Min Read

Arlington, VA – The National Waste & Recycling Association (NWRA) thanks U.S. Senator Cynthia Lummis (R-WY) for introducing legislation that would protect certain industries, including the waste and recycling industry from lawsuits brought under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In 2022, the Environmental Protection Agency (EPA) proposed a rule that would subject any entity with per- and polyfluoroalkyl substances (PFAS) contamination to potential CERCLA liability from the EPA and third parties.

Senators Roger Wicker (R-MS), John Boozman (R-AR), Kevin Cramer (R-ND), Pete Ricketts (R-NE), Markwayne Mullin (R-OK), Dan Sullivan (R-AK) and Lindsay Graham (R-SC) cosponsored this legislation.

“NWRA has consistently sought relief from CERCLA liability for PFAS at landfills,” said NWRA President and CEO Darrell Smith. “We believe a narrow exemption for the municipal solid waste industry serves to keep CERCLA liability on the industries that created the pollution. NWRA appreciates these Senators taking a balanced approach to ensure that landfills will remain the safest method to manage solid waste.”

Last year, NWRA submitted comments to the U.S. Environmental Protection Agency (EPA) that urged the agency not to designate PFAS as hazardous substances CERCLA. NWRA recommended the EPA convene the stakeholder community to discuss the best approaches to retain the benefits of products that contain PFAS and reduce the adverse impacts of PFAS on human health and the environment.


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

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