In a previous post, I mentioned that contracts between public entities and private waste management companies usually contain compliance and regulation clauses. Such a clause requires a waste management company to comply with applicable laws. Some changes may be on the horizon as it relates to one of those laws – the Resource Conservation and Recovery Act (RCRA).
In February 2024, the EPA proposed adding nine per- and polyfluoroalkyl (PFAS) compounds to its list of hazardous constituents. PFAS are a class of manufactured chemicals widely used in industrial and consumer products, including adhesives, coatings for clothes and furniture, fire-fighting foam and other uses. Scientific studies show that exposure to some PFAS in the environment is linked to harmful health effects in humans and animals. As a result, waste management companies will likely need to implement stricter handling, disposal and reporting procedures for waste potentially contaminated with PFAS. There are obviously liability issues that arise if waste is not properly disposed in accordance with the requirements of the RCRA.
It is unclear what the new administration position will be on the EPA’s proposal. However, this is certainly something to watch in the coming weeks, especially with the recent appointment of Lee Zeldin to lead the EPA.
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