Advocacy

For the latest news and resources on the COVID-19 pandemic and solid waste management, please visit SWANA’s Coronvairus page.

SWANA Letter Broadens Request for FEMA Funding to Include Solid Waste & Recycling

SWANA sent a letter on March 31 to U.S. Federal Emergency Management Agency (FEMA) Administrator Peter Gaynor urging the establishment of a system to compensate the public and private sector solid waste and recycling industry for providing essential collection and disposal services that may otherwise go unfunded through the Coronavirus (COVID-19) pandemic. A copy  was also sent to the ten FEMA Regional Administrators. 

Solid waste management was identified as an essential critical infrastructure workforce in the Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency’s (CISA) March 19, 2020 memo, and has been listed as essential in every emergency order issued at the state level in response to the COVID-19 pandemic.

SWANA’s letter expands on a previous request to cover both municipal providers and the private sector. With residential collection frequently provided by municipal providers, and residential volumes increasing, this request is particularly timely.

“The SWANA letter asks FEMA to protect both municipal and private sector organizations that provide essential services,” said Executive Director and CEO David Biderman. “Since both the public and private sectors collect and manage solid waste and recyclables, SWANA’s letter asserts that all sanitation departments, haulers, and post-collection companies providing services during the COVID-19 pandemic without being paid for them should be eligible for reimbursement.”

SWANA’s letter requests that “FEMA ensure funding is made available across the country to municipalities and their private sector partners to cover all of the costs incurred to provide these essential services during this national emergency. It is imperative that solid waste management continue uninterrupted at this critical time. FEMA can help protect public health and safety by committing to cover the costs of essential services provided that aren’t paid by the service recipients (e.g., customer bad debts).”

Emergency Funding for Small Businesses, Unemployment Insurance, in Stimulus Legislation

The U.S. Congress has passed a stimulus package in response to the COVID-19 pandemic that provides money for grants and low-interest loans for small businesses and expands unemployment insurance. This could be of benefit to small haulers in the industry and employees who have been laid off. The funding was part of the $2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act that also provides direct cash payments to some individuals and money for a variety of healthcare system needs.

Congress is expected to take further action to maintain employment and bolster the economy when it returns from recess. In preparation for that discussion, SWANA has joined a coalition of stakeholders asking leadership in the U.S. House of Representatives to include the Realizing the Economic Opportunities and Value of Expanding Recycling (RECOVER) Act in any infrastructure package that might be considered. SWANA has been a supporter of the RECOVER Act, which would provide matching federal grants for recycling projects, since it was introduced in the House in November 2019. SWANA is also submitting a separate letter to leadership that will provide a focused municipal solid waste management perspective on the issue. It will also allow SWANA to express its continued support for the Save Our Seas 2.0 Act that has passed the U.S. Senate, and is now being considered by the House.

EPA Eases Regulatory Compliance Requirements

In response to the COVID-19 pandemic, the U.S. Environmental Protection Agency (EPA) has announced a temporary policy regarding EPA enforcement of environmental legal obligations during this event. In general, the EPA does not expect to seek penalties for violations of routine compliance monitoring, integrity testing, sampling, laboratory analysis, training, and reporting or certification obligations in situations where the EPA agrees that COVID-19 was the cause.

The temporary policy makes it clear that EPA expects regulated facilities to comply with regulatory requirements, where reasonably practicable, and to return to compliance as quickly as possible. To be eligible for enforcement discretion, the policy also requires facilities to document decisions made to prevent or mitigate noncompliance and demonstrate how the noncompliance was caused by the COVID-19 pandemic. This policy does not provide leniency for intentional criminal violations of law.

This policy does not apply to activities that are carried out under Superfund and RCRA Corrective Action enforcement instruments. EPA has stated that those issues will be addressed in a separate communication. The agency will also EPA still moving forward with proposing and finalizing regulations during this time.

EPA’s policy will apply retroactively beginning on March 13, 2020. EPA will assess the continued need for and scope of this temporary policy on a regular basis and will update it if EPA determines modifications are necessary. In order to provide fair and sufficient notice to the public, EPA will post a notification here at least 7 days prior to terminating this temporary policy.