Jacob Shepherd, P.E.
SWANA Mid-Atlantic Chapter – Legislative Liaison / Project Manager – SCS Engineers jshepherd@scsengineers.com
May 9, 2024
SWANA Updates
SWANA Submits Comments on Proposed EPA Regulations
The US Environmental Protection Agency (EPA) is proposing amendments to new source performance standards (NSPS) and emission guidelines (EG) for large municipal solid waste (MSW) combustors. This would apply to units that have the capacity to combust more than 250 tons per day of municipal solid waste.
The amendments propose to reduce emissions of nine pollutants by approximately 14,000 tons per year. According to the EPA, the proposed standards would apply to 57 facilities with 152 units. More information can be found here. SWANA submitted comments on these proposed regulations.
The EPA also drafted new emission factors for AP-42 Chapter 2, Section 4 – Municipal Solid Waste Landfills. The EPA publishes AP-42, Compilation of Air Pollutant Emissions Factors from Stationary Sources, to provide emissions factors for over 200 air pollution source categories, which are specific industry sectors. SWANA also submitted comments on these proposed regulations.
SWANA Participates in Plastic Policy Events
The World Wildlife Fund (WWF) Plastic Policy Summit 2024, held March 20–21, 2024, in Washington, DC, brought together hundreds of stakeholders from across the plastics value chain to discuss the challenge of plastic pollution and initiatives to address the issue. Attendees included policy makers, representatives of major consumer brands and retailers, non-profit organizations, researchers, and more. SWANA’s Director of Public Policy attended and engaged in meaningful conversations about the essential role that SWANA members play in strengthening recycling systems through communications, collections, sorting technologies, market development, policies, and more.
SWANA attended the fourth session of the Intergovernmental Negotiating Committee (INC-4), on April 23–29 in Ottawa, Canada. This was a gathering of world leaders to develop an international legally binding instrument on plastic pollution, including in the marine environment. SWANA is working with ISWA to plan a side event about the role of waste management infrastructure in preventing plastic pollution. The fifth session is scheduled for November 25 to December 1, 2024 in Busan, Republic of Korea.
Legislative Updates
Federal
Hearing on PFAS Exemption for Passive Receivers
PFAS compounds are present in many everyday household items and packaging. SWANA has been advocating for landfills and other essential public services to receive a narrow exemption from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) given their role as “passive receivers” of PFAS that are part of the long-term solution to managing these compounds.
The US Senate Committee on Environment and Public Works held a hearing on March 20, 2024, on the potential ramifications of designating certain PFAS as hazardous substances CERCLA, with a focus on impacts on the waste and water sectors.
SWANA and the National Waste and Recycling Association (NWRA) were represented on the hearing panel by Robert Fox, a lawyer who specializes in CERCLA. The other hearing panelists included representatives from the Congressional Research Service, the Environmental Working Group, the New Mexico Department of Environment, and the Passaic Valley Sewerage Commission. More information.
Senate Passes Bills to Improve Recycling and Increase Composting
In an effort to improve and expand recycling service and increase composting programs, the U.S. Senate passed two bipartisan bills that seek to boost recycling and composting infrastructure in communities across the country.
By unanimous consent, the U.S. Senate approved the Recycling Infrastructure and Accessibility Act (S. 1189) and the Recycling and Composting Accountability Act (S. 1194) this week. These bills will help build recycling and composting infrastructure projects, improve rural recycling, boost data collection, and explore opportunities for implementing a national composting strategy.
The two bipartisan bills, which were led by Senators Tom Carper (D-DE) and Shelley Moore Capito (R- WV), would help the U.S. toward its goal of increasing the national recycling rate to 50 percent by 2030, up from the current 32.1% recycling rate. To achieve that goal, the federal government must help states, municipalities, businesses, communities, and individuals work together to improve the nation’s recycling system and conserve our natural resources.
The Recycling Infrastructure and Accessibility Act would allow the EPA to create a pilot program to improve recycling services in underserved areas, including rural communities. Federal grants would be awarded to eligible communities with the aim of developing local recycling infrastructure and enhancing access.
The Recycling and Composting Accountability Act would direct EPA to collect data, prepare reports, and develop best practices for recycling and composting programs in the United States. Under the bill, EPA would be required to assess composting infrastructure in communities to identify barriers to implementing a national composting strategy and evaluate and report on the rates of recycling and composting at federal agencies every two years.
Now that the two bipartisan bills have passed the Senate by unanimous consent, they must also be approved by the U.S. House of Representatives. Companion legislation for the Recycling Infrastructure and Accessibility Act has been introduced in the House by Rep. Marianette Miller-Meeks (R-IA-1) and companion legislation for the Recycling and Composting Accountability Act has been introduced by Rep. Joe Neguse (D-CO-2).
U.S. Environmental Protection Agency (EPA)
EPA Publishes Final Rule on PFAS and PFOS as CERCLA Hazardous Substances
The EPA published the final rule to designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances. CERCLA, which stands for the Comprehensive Environmental Response, Compensation, and Liability Act, also known as Superfund, enables the EPA to take action for identifying and addressing contamination, under a polluter pays model.
Municipal solid waste landfills accept waste containing PFAS and PFOA, substances that are present in many everyday household items and packaging. It is not practical for landfills or other waste
treatment facilities to separate out the municipal wastes containing PFAS from general waste. As a result, landfills are and were passive receivers of these waste streams containing PFAS. The final EPA designation is a concern for landfills and other solid waste facilities.
There are not currently standards for landfill leachate in permits or Federal regulations on PFAS in leachate. Many SWANA members are proactively researching and piloting solutions for PFAS detection, destruction, and disposal. Our industry is poised to be part of the solution and needs protection from potential lawsuits related to CERCLA in order to focus on science-based solutions.
Maryland Legislative/News
The 446th legislative session convened on January 10, 2024 and adjourned on April 8, 2024. Bills related to solid waste and recycling are included below.
Passed Bills
HB0001 – Paint Stewardship for producers of architectural paint. Passed and awaiting Governor signature.
HB0468/SB0532 – Commission to Advance Lithium-Ion Battery Safety in Maryland – Establishes a commission for lithium battery safety that will make recommendations to the Governor and General Assembly by 12/1/2025. Passed and awaiting Governor signature.
Bills Which Did Not Pass
HB080/SB0686 – Covered Electronic Devices Recycling Program – This bill would have revised Maryland’s existing Statewide Electronics Recycling Program (SERP) (enacted in 2005, amended in 2007), by enacting a system for reuse, refurbishment and recycling of covered electronic devices (CEDs) by incorporating consumer fees/advanced recovery fees.
HB0163/SB0056 – Food Waste and Solid Waste Reduction – Would have established an On-Farm Organic Diversion and Composting Grant Program to award grants to eligible entities to assist with the costs of developing and implementing on-farm composting and compost use, food waste prevention, and food rescue projects, in an effort to reduce food waste from agricultural and service facilities. Additionally, it would have required MDE to use funds from the Reduce, Recycle, Remanufacture Fund to support the Grant Program to Reduce and Compost School Waste.
HB168 – Plastic Products – Postconsumer Recycling Content Program – This bill would have established minimum post-consumer recycled content percentage requirements for certain products. This is an updated version of legislation drafted in 2023.
HB173 – State Buildings and State Highways – Collection of Yard Waste – This bill would have required the collection of yard waste on the grounds of a State building or a State highway in a container that will not be discarded with the yard waste or in one that is compostable.
HB0735/SB0642 – Maryland Beverage Container Recycling Refund and Litter Reduction Program – Would have established a beverage container refund and requires distributors/sellers of the containers to pay a fee and be a part of a stewardship organization.
HB0166/SB0146 – Renewable Energy Portfolio Standard – Eligible Sources – Alterations – Bill sought to remove waste-to-energy (WTE) from the renewable energy portfolio.
HB1318 – Solid Waste Disposal Surcharge and Food Waste Reduction/Diversion – Would have established an on-farm organics diversion and recycling grant program funded by a solid waste surcharge.