The Recycled Materials Association (ReMA) filed a petition with the U.S. Court of Appeals for the D.C. Circuit seeking review of the Environmental Protection Agency’s (EPA) Final Rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund. PFOA and PFOS are two specific chemical substances in the larger class of per- and polyfluoroalkyl substances (PFAS).
PFAS have been introduced into products and the environment by chemical and product manufacturers for over 80 years, resulting in the potential for these substances to also be in products that enter the recycling stream. Thus, the designation of these substances under CERCLA will impose significant liabilities for recyclers even though the industry does not intentionally purchase, generate, transport, or use PFOA or PFOS in its recycling processes. The designation also has the potential to significantly undermine the use of recycled materials, resulting in higher global carbon emissions and greater harvesting of scarce natural resources.
PFAS are pervasive throughout the world, including textile coatings, food packaging, electronics, batteries, and building materials. Consequently, many end-of-life items received by recycled materials companies for processing into recycled materials will likely contain PFAS. Given their widespread nature, PFAS may be found in materials and products that recycled materials companies process into valuable feedstock for sustainable manufacturing. For example, 70 percent of all steel manufactured in the U.S. is made from recycled steel, which comes from industrial production and end-of-life automobiles to name a few.
“Recycling is essential to achieving global environmental goals for reducing carbon emissions and decreasing our need to extract scarce natural resources,” said ReMA president Robin Wiener. “By labeling and regulating these chemicals as hazardous substances – which would potentially threaten recyclers’ ability to process products containing them – the EPA is potentially putting those environmental benefits at risk.”
“The recycled materials industry plays a pivotal role in helping the nation source more materials locally and sustainably, making our supply chain more resilient, our economy stronger, and our planet more sustainable.” Wiener concluded.