Jacob Shepherd, P.E.
SWANA Mid-Atlantic Chapter – Legislative Liaison / Project Manager – SCS Engineers
jshepherd@scsengineers.com
SWANA Updates
NWRA and SWANA Partner to Address Lithium-Ion Battery Disposal Challenges
The National Waste & Recycling Association (NWRA) and the Solid Waste Association of North America (SWANA) on January 14, 2025 released a joint policy statement addressing the critical issue of lithium-ion battery disposal. Improper disposal of these batteries presents significant safety hazards, including fires that endanger people, property, and the waste and recycling infrastructure.
The statement reads, “Lithium-ion batteries require special handling for proper recycling and disposal. They should never be placed in waste or curbside recycling bins as they can cause fires, endangering people and waste and recycling infrastructure. The best solution is to use take-back programs designed for safe collection and recycling. NWRA and SWANA are committed to promoting awareness and supporting policy initiatives that ensure proper battery disposal to protect workers, communities and the environment.”
SWANA Comments on OSHA Proposed Heat Regulations
SWANA submitted comments on the US Occupational Safety and Health Administration (OSHA) Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed standards. The submitted comments focus on how to implement heat safety in a feasible, effective, and affordable manner. SWANA discusses the operational considerations that are unique to the waste and resource management industry, such as how to include collections routes in the proposed Heat Injury and Illness Prevention Plan. SWANA also points to the heat thresholds and requests that OSHA consider allowing the heat index thresholds to vary by region.
SWANA commends OSHA for taking action to propose this new standard. Heat is a serious safety concern, as many occupations in the waste and resource management industry require working in high temperatures for extended periods of time. The SWANA strategic plan points to the importance of heat safety with a strategy to “encourage and participate in the development of temperature standards for employees working in the industry.”
SWANA Releases Statement on Product Safety Emergency
SWANA has released a statement calling for producers and policy makers to prioritize safety and responsible end of life (EOL) management for hazardous products. The waste and resource management industry is adversely impacted by the growing number of fires and explosions caused by lithium-ion batteries, compressed gas cylinders, marine flares, fireworks, and similar products. Which urges brands and policymakers to take quick and decisive action to prevent the rise in fires through the following steps:
• Stop adding new products to the market that pose a danger of fire or explosion if they do not have an EOL plan that works.
• Design items to be recycled and batteries to be safely removed from products for proper EOL management.
• Label products clearly with their hazards, including whether they contain a battery or are explosive.
• Provide clear and proper disposal instructions to prevent disposal in household waste or recycling and ensure that a convenient and free EOL management option is available.
• Establish and sustain collection and disposal systems funding to manage these hazardous products properly.
SWANA Sends Letter to the New EPA Administrator
(SWANA) has sent an introductory letter to recently-confirmed US Environmental Protection Agency (EPA) Administrator, Lee Zeldin that provides background on the essential work of SWANA members, explains SWANA’s key areas of focus, and encourages consideration of SWANA priorities. It also outlines SWANA’s work on a range of issues related to landfill management, landfill gas to energy, PFAS, waste to energy, resource management, lithium-ion batteries, workforce development, and safety. The letter concludes by inviting Administrator Zeldin to join us in touring waste and resource management facilities, and to seek the subject matter expertise of industry professionals when considering policies.
Legislative Updates
FEDERAL
The 119th Congress is currently in session. Bills related to solid waste or recycling currently include:
S.351 – STEWARD Act of 2025 (Strategies to Eliminate Waste and Accelerate Recycling Development) – Establishes a pilot program to improve recycling accessibility and require the EPA to collect and disseminate data on recycling and composting programs in the U.S. Placed on legislative calendar.
HR.91 – Freedom for Farmers Act of 2025 – Transfers authority of the Toxics Substances and Disease Registry Agency authorized by CERCLA to the Department of Health and Human Services. Referred to committee.
HR.191 – Inflation Reduction Act of 2025 – Repeals the Inflation Reduction Act passed in 2022, which included tax credits for biogas projects and incentives for using RNG as a source of hydrogen. Referred to committees.
U.S. Environmental Protection Agency (EPA)
EPA Announces 31 Deregulatory Actions
On March 12, 2025, the EPA issued a press release announcing thirty-one (31) actions noted as deregulatory initiatives. Among these initiatives, actions affecting the solid waste industry include:
• Reconsideration of the Mandatory Greenhouse Gas (GHG) reporting program. This will follow the EPA’s established rulemaking processes, so is not an immediate effect.
• Reconsideration of light-, medium-, and heavy-duty vehicle regulations. This mainly affected waste and recycling hauling vehicles.
• Overhauling the Endangerment Finding of the Obama-era EPA, which the EPA has used to incorporate social costs and health effects of greenhouse gases in rulemaking.
• Redirecting enforcement resources
• Terminating EPA positions related to environmental justice (EJ)
• Ending the Good Neighbor Plan, which address pollution that travels into states from beyond its borders
• Changes to coal ash disposal regulations and future updates to coal ash regulations under the coal combustion residuals (CCR) rules.
EPA’s Electronic Greenhouse Gas Reporting Program (e-GGRT) Downtime
The EPA’s e-GGRT online reporting system, which is used by subject facilities to submit annual Greenhouse Gas (GHG) Emissions Reports by March 31 of each year, is currently down with no news on when it will be back online. Reports are still required by federal regulations to be submitted. Therefore, facilities may need to develop plans for submitting a report outside of e-GGRT if the system is not operational prior to the due date.
Maryland Legislative/News
The 447th legislative session convened on January 8, 2024. Bills related to solid waste and recycling currently include:
| Bill No. | Name | Description | Status |
|---|---|---|---|
| HB0042 / SB0134 | Solid Waste Disposal Surcharge and Wasted Food Reduction and Diversion Fund and Grant Programs | Surcharge of $2/ton (infl. adj.) to fund food waste reduction and on-farm organics diversion. | Referred to Committee |
| HB0069 | Environment – Plastic Products – Postconsumer Recycled Content Program | Plastic product producers to pay an annual fee to MDE; min. postconsumer recycled content in products | Referred to Committee |
| HB0083 | Environment – Tire Recycling Fee – Alterations | MDE tire recycling fee adjusted for inflation | Referred to Committee |
| HB0232 / SB0346 | Maryland Beverage Container Recycling Refund and Litter Reduction Program | Establishes program to increase recycling/reuse of beverage containers; Framework for beverage container EPR | Referred to Committee |
| HB0338 | State Buildings and State Highways – Collection and Disposal of Yard Waste | Requires yard waste collected on state properties/highways to use reusable or compostable bags; requires disposal within state | Passed House; in Senate |
| HB0407 | Environment – Municipal Recycling Plans – Requirement | Initial recycling plans (5-year update cycle) for the largest municipal corporation in a county or regional plan; provide for 20% or 35% min. reduction. | Referred to Committee |
| HB0931 / SB0591 | Environment – Covered Electronic Device Recycling Program – Establishment (Electronics Recycling Health and Safety Modernization Act) | Establishes a covered electronic device recycling program funded by consumer fees and manufacturer registration fees. | Referred to Committee |
| HB1058 | Emissions Standards, Ambient Air Quality Standards, Solid Waste Management – Local Authority | Revises existing regulation to clarify authority of local governments that more stringent standards related to air emissions and solid waste can be enacted. | Referred to Committee |
| HB1092 | Recycling – Prohibition on the Chemical Conversion of Plastic | Excludes chemical conversion processes from the definition of recycling and prohibits building a facility that performs these processes. | Referred to Committee |
| HB1111 | Public Utilities – Solar Energy Generating Systems – Floating Systems and Systems Located on Brownfields | Would exempt brownfield (and closed landfills if MDE-regulated) solar projects from state/local property tax or valuation. | Referred to Committee |
| SB0686 | Extended Producer Responsibility for Batteries and Battery-Containing Products | Requires EPR for batteries and battery-containing products by July 1, 2026 and battery stewardship program | Referred to Committee |
| SB0901 | Packaging Materials – Producer Responsibility Plans | Requires EPR for producers of packaging by April 1, 2027 | Referred to Committee |
MDE Releases Recycling Needs Assessment Related to 2023 EPR Legislation
On February 21, 2025, MDE released a final Recycling Needs Assessment, which was required by 2023 extended producer responsibility (EPR) legislation.
[From Waste Dive] The two documents, which were delayed by several months, offer new details on how an EPR for packaging program could be tailored for Maryland’s specific recycling needs. Such details may impact EPR legislation that was recently introduced in the state Senate.
The needs assessment notes that a “well-designed” program could raise recycling rates and create jobs, but only with certain infrastructure investments and strong stakeholder partnerships. Meanwhile, the advisory group report focused on the hypothetical EPR program’s design and implementation logistics. Maryland has not passed an EPR for packaging law. The assessment and recommendation report are required by a state law passed in 2023, which called for MDE to complete a recycling needs assessment as part of a statewide EPR study. The assessment, conducted by environmental firm HDR with assistance by other consulting firms, came out Feb. 21.
That same law also formed an EPR advisory group, made up of 21 stakeholders, to deliver policy recommendations to the state’s legislature. That advisory group sent its recommendations to the state legislature last week. The letter was cosigned by representatives from McCormick & Co. and the Maryland Environmental Service.
Delaware Legislative/News
The 152nd legislative session convened on January 14, 2024. No updates.
District of Columbia Legislative/News
B26-0058 – Recycling Refund and Litter Reduction Amendment Act of 2025 – Establishes a beverage container deposit program of 10 cents per container (with future adjustments), refunded when returned, in an effort to increase recycling rates and reduce litter. Also establishes an extended producer responsibility (EPR) program for beverage containers that requires registration, payment of a registration fee, and beverage stewardship plans for distributors of beverage containers. Some requirements would be effective in 2027, with all requirements effective January 1, 2028.
News Updates
5 issues likely to shape the waste and recycling industry in 2025 – Waste Dive – January 9, 2025
How Montgomery County Drives Sustainability with Backyard Composting Program – Yardfully – January 10, 2025
EPA warns of PFAS exposure from biosolids in long-awaited report – Waste Dive – January 15, 2025
Cut trash, earn cash: DC leaders introduce bill to reduce litter, increase recycling – Fox 5 D.C. – January 16, 2025
EPA nominee Zeldin advances out of committee for final confirmation vote – Waste Dive – January 23, 2025
What America can learn from Miami’s trash nightmare – Washington Post – January 28, 2025
Maryland wants to stop subsidizing its trash incinerators. Would they close? – The Baltimore Banner – February 14, 2025
DPW Launches Food Waste ‘Smart Bin’ Program to Expand Composting Access Citywide – D.C. Department of Public Works – February 14, 2025
New US bill aims to monitor textile waste and recycling – JustStyle – February 17, 2025
Giant Food and Divert, Inc. Prevent Nearly 80 Million Pounds of Unsold Food from Being Wasted – Business Wire – February 20, 2025
Lee Zeldin: EPA Ends the ‘Green New Deal’ – Wall Street Journal – March 12, 2025