LEGISLATIVE AND NEWS UPDATE – SWANA MID-ATLANTIC – July 10, 2025

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

SWANA UPDATES

SWANA with Industry Partners Held Congressional Briefing on PFAS and CERCLA

On June 18th, 2025, a briefing was held for Congressional staff members at the Capitol Visitor Center to provide information on PFAS, CERCLA, and the role of the waste, water, and wastewater industries. This was hosted by a coalition of associations including SWANA, NWRA, APWA, NACWA, WEF, the US Conference of Mayors, National League of Cities, US Compost Council, and others. Similar briefings have been held in the past, and this was a continuation of those outreach efforts to educate new staff and leadership.

A panel included representatives from research, local governments, public works, drinking water, wastewater, and solid waste to offer perspectives on the role of PFAS passive receivers. The panel started with an overview of the roles and responsibilities of local governments and essential public service providers in managing media containing PFAS while safeguarding public health and the environment. There was discussion of the impact of various policies on “passive receivers” of PFAS, including EPA’s designation of certain PFAS compounds as “hazardous substances” under CERCLA (i.e., the Superfund law).

The briefing was well-attended by Congressional staff, and the questions and comments reflected that attendees understood the issues and the need for protections. SWANA will continue to advocate for a narrowly tailored exemption from CERCLA liability for waste acceptance facilities.

SWANA and NWRA Submit Comments on EPA White Papers

SWANA and NWRA submitted joint comments on 10 EPA white papers related to new and emerging technologies and regulatory approaches for emissions from MSW landfills. The white papers cover the topics of waste diversion, climate change rules, gas collection system monitoring and improvements, aerial monitoring, and improvements to waste management practices. While not directly related to regulatory development, these white papers are expected to provide a basis for future regulations or EPA policy changes. Therefore, SWANA and NWRA recognized the importance of submitting comments for the individual white papers.

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.

HR.1918/S.897 – Farewell to Foam Act – Would prohibit the sale and distribution of expanded polystyrene food service ware, expanded polystyrene loose fill, and expanded polystyrene coolers. Referred to committees.

HR.2145 – Recycling and Accessibility Act of 2025 – Establishes a pilot grant program to improve recycling accessibility, with a focus on underserved communities via a hub-and-spoke model. Referred to committee.

HR.4109 – Recycling and Composting Accountability Act – Would require the EPA to improve domestic recycling and composting programs. Referred to committee.

U.S. Environmental Protection Agency (EPA)

EPA Withdraws Proposed Rules Aimed at Chemical Recycling

[From Resource Recycling] The EPA announced that it is withdrawing rules proposed in June 2023 under the Toxic Substances Control Act (TSCA) that would have required companies to notify EPA at least 90 days prior to beginning chemical recycling processes for 18 specific chemical substances derived from plastic waste. Plastic manufacturers are applauding the withdrawal as removal of significant burdens regarding chemical recycling. The regulations were meant to add clarity to chemical recycling amid a patchwork of rules from state-level initiatives.

Maryland Legislative/News

The 447th legislative session convened on January 8, 2025 and ended on April 7, 2025.

Delaware Legislative/News

The 152nd legislative session convened on January 14, 2024 and ended on June 30, 2025. No bills related to solid waste and recycling were passed during this session.

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

Retired man takes on nemesis, cleans up 15,000 discarded tires – Washington Post – June 4, 2025

Senate committee moves Busterud nomination forward for EPA waste office – Waste Dive – June 11, 2025

Trash sucks: A Norwegian city uses vacuum tubes to whisk waste away – Washington Post – June 11, 2025

State packaging EPR leaders swap stories as implementation advances – Waste Dive – June 12, 2025

Biogas groups disappointed by EPA’s proposed RFS update – Waste Dive – June 16, 2025

US senators call on EPA to study reuse, refill – Waste Dive – June 20, 2025

Maryland community wins appeal over proposed W.R. Grace plastic recycling plant, company responds – CBS News – July 2, 2025

Frederick County adds fee in response to misuse of yard waste program – Frederick News Post – July 2, 2025

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