One PFAS Bill Introduced to Protect Composters, Another Needs Compost Protection

USCC members in states where we are targeting senators who can influence upcoming PFAS legislation have responded wonderfully by quickly sending letters asking for consideration for exemption from CERCLA legislation to be added to a Senate bill in draft that is targeting research, reporting and mitigation of PFAS. Members have asked Sen. Alex Padilla (CA), Sen. John Fetterman (PA), Sen. Debbie Stabenow (MI), Sen. Mark Kelly (AZ) and Sen. Tom Carper (DE) to consider the fate of compost facilities if we are included as potential liable parties for cleanup costs. Although some have claimed we need not worry because US EPA will use “discretionary authority” to choose not to prosecute compost manufacturers where PFAS is found near facilities or in product, it doesn’t codify it in law.

Risks include:

1) State Superfund “trustees” could still hold facilities liable at state level even if EPA chooses to use its discretion around compost facilities.

2) Private parties can sue facilities for cleanup.

3) The uncertainty could cause difficulty for compost facility operators and infrastructure expansion as insurance and banking costs grow due to uncertainty.

4) Our industry may face a shrinkage when the U.S., healthy soils and the climate need an expansion!

Thanks for your efforts in these letters goes out to:

PA: Mother Compost, PA Dept of Prisons, Modern Mushroom, Laurel Valley Soils, Wayne Township Landfill

AZ: Tanks Green Stuff

CA: Athens Services, 301 Organics, Agromin, Reotemp, Soilandco, Napa Valley Recycling

MI: Soilworks, Hammond Farms

DE: FITNESS Engineering