Jacob Shepherd, P.E.
SWANA Mid-Atlantic Chapter – Legislative Liaison / Project Manager – SCS Engineers jshepherd@scsengineers.com
SWANA Updates
No updates.
Legislative Updates
Federal
Bills to Improve Recycling and Increase Composting Awaiting U.S. House Action
Two bipartisan bills that seek to boost recycling and composting infrastructure in communities across the country were recently passed by the U.S. Senate and are awaiting action by the U.S. House. 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) in July. 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 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.
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).
Dueling Farm Bills Address Anaerobic Digestion, Composting, PFAS
From Waste Dive. Two draft bills working their way through both the U.S. House and U.S. Senate to reauthorize the Farm Bill, which in recent years has provided benefits to the solid waste and recycling industry. In their current versions, these bills would expand on-farm anaerobic digestion and food waste reduction programs and authorize regional coordinators for food loss and waste reduction.
U.S. Environmental Protection Agency (EPA)
EPA Updates AP-42 Landfill Emission Factors
The EPA finalized updates to Section 2.4 of the EPA’s AP-42 air emission factors compilation, which applies to emissions from municipal solid waste (MSW) landfills. Previously, the emission factors dated back to 1998 with no updates since the most-recent one. Key elements of updates include:
- Updated gas modeling guidance, with a new EPA LandGEM model update expected soon.
- Revised gas collection efficiencies to align with the EPA’s greenhouse gas (GHG) reporting program.
- Increased VOC content of NMOCs from 39 percent to 100 percent of NMOCs.
- Updated emission factors for internal combustion (IC) engines and enclosed flares. EPA now references section 13.5 for utility flares.
While EPA did update emission factors, the default VOC and hazardous air pollutant (HAP) constituents in landfill gas (LFG) remain unchanged. Dating back to 1998, available testing data from the solid waste industry indicates a universally high bias. Site-specific testing data remains more accurate than these concentrations.
EPA Begins Enforcement of Two PFAS Chemicals under CERCLA
On July 8, the EPA’s designation of two PFAS chemicals as hazardous substances under CERCLA regulations went into effect. While EPA has indicated it will not target solid waste and recycling facilities, the agency did not exempt facilities that only receive and not produce PFAS chemicals. Treatment technologies, including disposal and destruction processes, and laboratory analyses for PFAS chemicals remain expensive and may not be accessible to all facilities. Additionally, very low concentrations and the presence of complex degradation products have created uncertainty as to the scope of potential remediation responsibilities. Additional information available from Waste Dive.
EPA Plans to Update Landfill Air Emission Rules in 2025
From Waste Dive.Environmental and industry groups are now collaborating with the EPA in the development process of a proposed rulemaking that would update the 2016 New Source Performance Standards (NSPS) and Emission Guidelines (EG), and require updates to the Federal Plan of 40 CFR 62 Subpart OOO and approved state implementation plans. Updated rules are expected to expand the requirements beyond non-methane organic compounds (NMOCs) to address methane emissions. This represents additional action after the EPA changed priorities to focus more on landfill methane emissions.
Maryland Legislative/News
The 446th legislative session convened on January 10, 2024 and adjourned on April 8, 2024. No updates.
Delaware Legislative/News
The 152nd legislative session convened on January 10, 2024 and adjourned on June 30, 2024. No updates.
District of Columbia Legislative/News
No legislative updates.
News Updates
Satellite and Flyover Tech Advances for Landfill Methane as Industry Seeks More Clarity – Waste Dive – July 9, 2024
Staples, Batteries Plus receive $14M in federal funding for consumer battery recycling – Spectrum News – July 10, 2024
NWRA and others challenge EPA’s PFAS hazardous substance designation in federal court – Waste Dive – July 15, 2024
Queen Anne’s County, MD Achieves Significant Milestone in Reducing Plastic Waste in Marine Industry – My Eastern Shore MD – July 20, 2024
Does ‘compostable’ plastic actually break down? Here’s what to know. – Washington Post – July 20, 2024
Montgomery County Continues to Expand Recycling with Plastic Film Recycling Services – Montgomery County, MD – July 22, 2024
Feds Plan to Stop Purchasing Single-Use Plastics – Conduit Street – July 31, 2024
New Satellite Will Track Methane Super Emitters – Scientific American – August 19, 2024
Biden EPA Rejects Plastics Industry’s Fuzzy Math That Misleads Customers About Recycled Content – ProPublica – August 29, 2024
Recycling, yard waste collectors in Anne Arundel strike over safety concerns – Baltimore Sun – September 4, 2024
EREF-Funded Study Highlights Advances in Measuring Landfill Methane Emissions – Waste Advantage – September 10, 2024