Jacob Shepherd, P.E.
SWANA Mid-Atlantic Chapter – Legislative Liaison / Project Manager – SCS Engineers jshepherd@scsengineers.com

SWANA Updates

SWANA Announces a New Volunteer Workgroup for Lithium-Ion Battery Safety

SWANA is creating a new lithium-ion battery workgroup, bringing together industry professionals to identify immediate and long-term solutions to lithium-ion battery management and fire prevention. The SWANA Lithium-Ion Battery Workgroup will investigate solutions and develop recommendations that will leverage communications, policy, technology, and innovation. Outcomes will ideally include the creation and compilation of resources to support SWANA members with this growing challenge.

As a member of this workgroup, you will have the opportunity to discuss challenges and potential solutions with other industry experts and to develop recommendations for tackling this urgent issue. All SWANA members are eligible to join. If interested, please contact Kristyn Oldendorf of SWANA at koldendorf@swana.org.

Insights from EPA Battery Workshop: Addressing Disposal Challenges and Enhancing Recycling Efforts

Stakeholders gathered at a battery workshop hosted by the US Environmental Protection Agency (EPA) from June 12–14, 2024, to address pressing issues surrounding battery disposal and recycling. SWANA Summer Associate Aidan Leurdijk attended this in-person workshop, which focused on strategies to improve accessibility and engagement for recycling of small format batteries. Discussions covered the negative environmental and safety impacts of improper disposal of batteries, including the fire risks in Material Recovery Facilities (MRFs) and engaged attendees to formulate solutions.

Lithium batteries, which constitute a significant portion of all batteries (10%), are prone to causing fires due to the electrolyte in the battery. Causes of lithium battery fires include accidental punctures, friction, exposure to harsh conditions, and issues with counterfeit batteries and compatibility. The workshop showed how SWANA can help in advocating for improved battery recycling infrastructure and safety standards. SWANA’s involvement emphasizes the importance of industry collaboration in implementing best practices and guidelines.

On July 16, 2024, the EPA will host a virtual report-out on this in-person meeting. For more information on this virtual session and on EPA’s other workshops and efforts on batteries, please visit the EPA’s website and/or email batteries@epa.gov.

Legislative Updates

Federal

Supreme Court Overrules the Chevron Doctrine

The Chevron Doctrine is a 1984 ruling in the case Chevron v. Natural Resources Defense Council which gave federal regulatory agencies, like the Environmental Protection Agency, the authority to interpret the details of laws passed by Congress that may have been vague. This case is widely cited in Supreme Court and lower court decisions. Under the Chevron Doctrine, courts would uphold the interpretation of the regulatory agency’s of the statute provided that it was considered reasonable.

Now that the Supreme Court has overturned this doctrine, this will cut back the power of federal regulatory agencies and will give courts more power to interpret the details of laws.

Supreme Court Decision to Temporarily Block EPA Good Neighbor Rule

The US Supreme Court has temporarily blocked the US Environmental Protection Agency (EPA) from enforcing the Good Neighbor Rule, which seeks to decrease air pollution that contributes to air quality standards in downwind states. The 2023 EPA rule under the Clean Air Act sets standards to address nitrogen oxide (NOx) emissions that travel beyond state boundaries into neighboring states during the summer ozone season. It also established a NOx trading program in certain states. This applies to emissions sources including Solid Waste Combustors or Incinerators, power plants, iron and steel mills, glass manufacturing, cement kilns, and pipeline transportation of natural gas.

Several industry groups and three states challenged the rule, and the Supreme Court has now put a hold on the enforcement of the rule until a federal appeals court makes a final decision on the challenge to the rule.

Senate Hearing Touts Federal Funds and Private Sector Teamwork for Recycling Wins

Speakers at a Senate hearing last week urged lawmakers to use that momentum to support more long-term efforts to raise recycling rates.

Speakers who testified at a Senate Environment and Public Works Committee hearing May 22 applauded recent projects funded by the U.S. EPA’s Solid Waste Infrastructure for Recycling grants, a total of $275 million in funding over five years funded by the 2021 bipartisan infrastructure law. An additional $75 million is going into recycling education and outreach programs.

Speakers also urged lawmakers to pass two bipartisan federal bills sponsored by committee chair Sen. Tom Carper, D-Del., and ranking member Sen. Shelley Moore Capito, R-W.Va. The bills passed the Senate in March and now await action in the House.

More at Waste Dive

U.S. Environmental Protection Agency (EPA)

EPA Finalizes the National Strategy for Reducing Food Loss and Waste and Recycling Organics

On June 12, 2024, the White House, along with EPA, the U.S. Department of Agriculture, and the U.S. Food and Drug Administration released the “National Strategy for Reducing Food Loss and Waste and Recycling Organics.” This strategy is part of a series of strategies on building a more circular economy for all.

The goal of the strategy is to prevent the loss and waste of food and increase recycling of food and other organic materials, reduce greenhouse gas emissions, save households and businesses money, and build cleaner, healthier communities.

Several of the points raised in the comments submitted by SWANA seem to have been taken into consideration. There is now additional language about the importance of reducing contamination in the organics stream, addressing the concerns of PFAS, strengthening markets for compost, and more.