Advocacy Updates: State, National EPR; Endangerment Finding Repeal & More

EPA EPR for Batteries  

The US Environmental Protection Agency (EPA) is developing a national framework for battery EPR, and SWANA is engaging in relevant EPA-hosted sessions to help inform the agency’s work.

SWANA is thankful for the Lithium-ion Battery Workgroup’s strong continued participation and for the sub-workgroups that have been compiling and creating resources. 

State EPR for Batteries and Electronics

In response to a request from the Indiana Hoosier Chapter of SWANA, SWANA submitted a letter of support for proposed Indiana state legislation that would establish EPR for batteries. While the bill is not moving forward this session, there is optimism that it will succeed next year.  

SWANA is considering support of proposed Maryland state legislation to establish EPR for electronics recycling. The bill will fund collection and recycling contracts, onsite collection staff and equipment costs, as well as a statewide public education campaign on the importance of electronics recycling and the dangers of lithium-ion battery fires. 

SWANA chapter leaders may request support with state or provincial level proposed legislation by contacting Kristyn Oldendorf, koldendorf@swana.org.  

Refillable Propane Cylinders

There is a US federal  administrative determination request as to whether Federal hazardous material transportation law preempts the State of California's law requiring that propane cylinders sold or offered for sale in California must be refillable or reusable. California previously passed SB 1280 which states that on or after January 1, 2028, only reusable or refillable propane cylinders shall be sold or offered for sale in California, effectively banning single use propane one-pound cylinders. Single use cylinders created several challenges for HHW facilities and solid waste landfills, including safety concerns and disposal costs.

SWANA submitted comments in response to this, pointing out the benefits of reuse and the safety concerns with certain products, as described in the SWANA Statement on Product Safety and End of Life Management. 

CIRCLE Act

SWANA is supporting the proposed US Cultivating Investment in Recycling and Circular Local Economies (CIRCLE) Act, HR4466, which would establish a targeted investment tax credit to strengthen our nation’s recycling infrastructure and bolster domestic manufacturing, while reducing waste in our environment and communities. This bipartisan legislation was recently introduced in the US House of Representatives. The Recycling Partnership led the advocacy effort to get the bill introduced and has organized a coalition of organizations, including SWANA, to sign on and support the bill. 

If your organization is interested in supporting, please contact Kristyn Oldendorf, koldendorf@swana.org, or fill out this form on the Recycling Partnership page.  

Section 45Z Clean Fuel Production Credit 

The US Department of the Treasury and the Internal Revenue Service issued proposed regulations for Section 45Z regarding the clean fuel production credit enacted by the Inflation Reduction Act of 2022 and amended by the One, Big, Beautiful Bill Act (OBBBA). These proposed regulations would provide rules for determining clean fuel production credits, including credit eligibility rules, emissions rates, and certification and registration requirements. 

The proposed rule is published on the Federal Register and open for comment until April 6, 2026. Contact Kristyn Oldendorf, koldendorf@swana.org, with suggestions as to whether SWANA should submit comments. 

Endangerment Finding

The EPA announced the repeal of the 2009 science-based Endangerment Finding, which provides the legal basis for EPA to regulate greenhouse gas emissions under the Clean Air Act. SWANA wrote a statement in response to express concerns in alignment with SWANA’s strategic pillar to champion progress on sustainability. 

Stay in Touch 

We encourage you to visit https://swana.org/news for regular SWANA news and announcements, follow us on social media, and review the weekly member newsletter The Resource.

Please contact Kristyn Oldendorf at koldendorf@swana.org to provide input on SWANA positions and to provide updates on your chapter advocacy activities.