Proposed Bill to List Per- and Polyfluoroalkyl Substances as Hazardous Materials

WASHINGTON, D.C. — The United States Environmental Protection Agency, (EPA) wants to list certain per- and polyfluoroalkyl substances (PFAS) as hazardous substances, reports Waste-Management-World.com.

The PFAS chemical family includes thousands of compounds that are resistant to heat, water, and oil, making them valuable for applications like nonstick cookware, water-repellent fabrics, firefighting foams, and food packaging materials. The number and prevalence of these chemicals makes studying their effects on humans, animals, and the environment challenging. Scientists have found that many PFAS persist, giving them the nickname “forever chemicals.” Some, such as perfluorooctanoic acid (PFOA or C8) and perfluorooctane sulfonate (PFOS), commonly used surfactants, have been detected in the environment, wildlife, and human populations globally. Although no direct links to health effects have been proven to date, research suggests that PFAS may be associated with reproductive and developmental problems, liver and kidney damage, immune system effects, and an increased risk of certain cancers.

Concerns about PFAS contamination in water supplies, soil and food and liability have prompted efforts to reduce their use in various industries and to regulate their presence in the environment and in consumer products. In addition to voluntary phaseout efforts by chemical companies, numerous countries and jurisdictions have implemented regulations or guidelines to limit the use of PFAS and set standards for their presence in drinking water and other media.

Composters are considered passive receivers of PFAS chemicals, even though the substances are in all of feedstocks, from biosolids to food waste, non-compostable food packaging that get mixed into recycling, as well as contaminated rainwater and air emissions from upstream industrial neighbors. There are no easy or cost-effective ways to test for them or to dispense of or break them down.

Currently, PFAS are regulated differently at the state level in the United States. In May, a new bill, The Resource Management PFAS Liability Protection Act (S 1429), was introduced in the U.S. Senate. The proposed bill, if passed, would protect some solid waste management, such as transfer stations and other facilities defined in the Solid Waste Disposal Act, along with covered composting operations, from liability claims if the EPA decides to list certain PFAS compounds as hazardous substances. The bill would exclude composters and solid waste facility operators from liability for certain “costs and damages” associated with the release of certain PFAS into the environment.

Actually, S 1429 is one part of a series of five bills, each of which is designed to protect specific industries from unintended liability or unintended costs. Facilities and operations still have to meet permitting requirements, and they wouldn’t be protected if they were found to be “grossly negligent or intentionally negligent in the discharge, disposal, management, processing, transportation or storage” of PFAS.

Certain states have opted to proceed on the side of caution. Maine required shutdown of biosolids compost on farms in Maine; Colorado is now requiring testing of biosolids compost. Other states have set varying limits for the presence of PFAS compounds in compost. The EPA will complete a health risk assessment by the end of 2023 or early 2024 of risk tolerance in the human body.

Trade groups for the chemical manufacturing industry and the waste management industry have come out in opposition to the EPA’s intent to list PFOS and PFOAs, citing concerns about administrative costs and liability. Meanwhile, Germany, the Netherlands, Denmark, Norway and Sweden each have plans in the works to ban the manufacture of PFAS, most of their uses, and their placement on the EU market.