By: Jacob Shepherd, P.E. – Legislative Liaison/SCS Engineers

SWANA Updates

SWANA Supports Recycling Legislation to Expand Access, Collect More Data

Two recycling-related bills have been re-introduced in the US Senate, the Recycling Infrastructure and Accessibility Act of 2023 (RIAA) and the Recycling and Composting Accountability Act (RCAA). The SWANA Core Advocacy Group has reviewed the legislation and SWANA will support the passage of both. These bills were previously introduced in 2022 and were passed out of the Senate but did not move forward in the House of Representatives.

The Recycling Infrastructure and Accessibility Act would establish a pilot recycling program at the EPA to award grants, on a competitive basis, to eligible entities for improving recycling accessibility in a community or communities within the same geographic area. The goal of the program is to fund eligible projects that would significantly improve access to recycling systems in underserved communities using a hub-and-spoke model for recycling infrastructure development.

The Recycling and Composting Accountability Act would improve data collection on our nation’s recycling systems and explore the potential of a national composting strategy. The legislation would require EPA to collect and publish data on recycling and composting rates across the country to provide an accurate reflection of performance both nationwide and at the state level. This information is critical to improving existing recycling and composting programs and evaluating future recycling policies.

SWANA Joins Passive Receivers Calling on EPA to Work with Congress on PFAS Regulation

SWANA joined 38 other organizations in comments asking EPA Administrator Michael Regan to work closely with Congress to ensure that passive receivers are not unfairly targeted as PFAS is increasingly regulated.

Passive receivers are calling on EPA and Congress to ensure that any rulemaking designating PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is coupled with legislation providing statutory relief from contribution litigation for local governments and our members.

The letter was sent in response to EPA’s request for comment on adding 7 PFAS compounds to CERCLA, in addition to PFOA and PFOS which are already proposed.

SWANA Calls on Senate to Provide CERCLA Liability Protection for Industry in New Bill

US Senators Tom Carper (D-DE.) and Shelley Moore Capito (R-WV), Chair and Ranking Member of the Senate Environment and Public Works (EPW) Committee, released draft per- and polyfluoroalkyl substances (PFAS) legislation for stakeholder comment in June. SWANA joined many other passive receiver organizations asking that the bill include language that would protect landfills and other facilities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Absent action by Congress, EPA regulation would replace CERCLA’s “polluter pays” principle with a “community pays” model in which essential public services that passively receive PFAS in providing their  respective health  services,  such  as  drinking  water  treatment plants,  municipal wastewater

treatment facilities, and solid waste landfills and composting facilities, and their customers and ratepayers could be held liable for significant costs associated with the cleanup of contaminated sites.

Legislative Updates

Federal

No updates

U.S. Environmental Protection Agency (EPA)

EPA Proposes Major Revisions to Landfill Greenhouse Gas (GHG) Reporting Rule (GHGRP)

Since 2010, EPA has required MSW landfills with GHG emissions above 25,000 MT/yr CO2e to report annual GHG emissions using the EPA’s e-GGRT electronic reporting tool. On May 22, 2023, the EPA published an advanced notice of proposed rulemaking (ANPRM) to significantly update the GHGRP for landfills. Among these changes are updates to GHG equations to reduce collection efficiency for landfills not performing surface emission monitoring (SEM) and incorporate an emissions penalty for cover system leaks, changes to global warming potential (GWP) factor for methane from 25 to 28, updated modeling coefficients for HH-1, and clarifications to GHG calculation methodology.

SWANA and other industry leaders are currently working on comments to the EPA’s proposed rule, which are due by 7/21/2023.

Maryland Legislative

The 445th legislative session convened on January 11, 2023 and adjourned on April 10, 2023.

Maryland MDE

MDE Publishes FINAL Landfill Methane Rules and State EG Implementation Plan – Effective June 12, 2023, MDE has published final regulations for methane control and reduction from municipal solid waste (MSW) landfills. The rules will also implement the Emission Guidelines (EG) regulations under the 2016 New Source Performance Standards (NSPS) changes (40 CFR 60 Subpart Cf) pending EPA review and approval. At that point, the regulations will replace the Federal EG Plan that currently applies to Maryland landfills (published under 40 CFR 62 Subpart OOO).

In response to comments, MDE made mostly minor changes to the regulations. However, the major parts of the regulation remain the same. Regulations can be reviewed under COMAR 26.11.42 (Chapter 42).

Note that all subject landfills must submit an initial waste-in-place report and methane generation report to MDE by September 10, 2023. If subject, a design plan for an active gas collection and control system (GCCS) would be due by June 10, 2023 to MDE. MDE will review and approve plans, after which a landfill will have up to 30 months to install and operate a GCCS. Landfills with existing GCCS should consider a design plan and GCCS modifications to take advantage of the 30 month timeline. Also note that landfills with existing flares must test these flares within 180 days of the regulation effective date. Utility flares are not allowed except under certain circumstances and MDE approval after January 1, 2025.

Delaware Legislative/News

No updates

District of Columbia Legislative/News

No updates

News Updates

Who Said Recycling Was Green? It Makes Microplastics By the Ton – Inside Climate News – May 16, 2023

EPA To Reconsider Incinerator Emission Standards In Proposed Consent Decree Following Lawsuit – Waste Dive – May 31, 2023

Why glass, paper and other options aren’t the simple alternative to plastic that they seem to be – Washington Post – June 7, 2023

New Maryland Recycling Law Aims to Shift the Culture – Waste Advantage – June 8, 2023 What Materials Will Make the Cut Under EPR – Resource Recycling – June 21, 2023 Organics Composting to Become Mandatory in Laurel by 2025 – Fox 5 D.C. – July 13, 2023

Plastics Manufacturing, Environmental Justice Interests Spar at Senate Hearing – Waste Dive – June 16, 2023

Baltimore County Maryland Announces New Textile Recycling Program – Waste Advantage – June 23, 2023

California to Consider Satellites, Covers and Flaring in Landfill Emissions Rule Update – Waste Dive – July 6, 2023