Advocacy

Recycling Funding Included in Senate Infrastructure Bill

The U.S. Senate passed milestone infrastructure legislation on August 10 that includes funding for community education and outreach programs associated with recycling. The $1 trillion bipartisan infrastructure bill includes the text of the RECYCLE Act, which establishes a new federal grant program through the Environmental Protection Agency (EPA) to help educate households and consumers about their residential and community recycling programs.

The legislation will provide $15 million annually for five years as competitive grants to States, municipal governments, and Indian Tribes. Eligible programs must “inform the public about residential or community recycling programs; provide information about the recycled materials that are accepted as part of a residential or community recycling program that provides for the separate collection of residential solid waste from recycled material; or increase collection rates and decrease contamination in residential and community recycling programs.”

In addition to education and outreach, the legislation directs EPA to create a model recycling program toolkit for eligible entities to use that includes standardized terms and examples of covered materials, educational principles based on best practices, a community self-assessment guide, and training modules for States and nonprofit organizations to provide technical assistance to local governments. The toolkit must also include a guide to measure the effectiveness of the federals grants that are awarded, including standardized measurements for recycling rates and decreases in contamination.

EPA is also directed to provide assistance to the educational community to promote the introduction of recycling principles and best practices into public school curriculums.

Included in the infrastructure bill is an update to federal procurement that will require review of the program every 5 years and an obligation to consult with recyclers and manufacturers of products containing recycled content when revisions are made.

The RECYCLE Act was originally introduced with SWANA support in 2019 and then re-introduced in the new Congress in 2021 by U.S. Senators Rob Portman (R-OH) and Debbie Stabenow (D-MI) and Representatives David Joyce (R-OH) and Dean Phillips (D-MN). SWANA worked with Senate leadership to ensure that the RECYCLE Act would be included in the infrastructure bill and is urging the leadership of the House of Representatives to quickly pass the legislation.

SWANA Opposes Proposed PFAS Legislation

On August 9, SWANA joined with the National Waste & Recycling Association (NWRA) in submitting a letter to Senate leadership in opposition to the PFAS Action Act of 2021 (H.R. 2467). As written, the legislation runs counter to the “polluter pays” principle that guides Superfund site cleanups under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Similar concerns have been raised in comments submitted by U.S. Conference of Mayors, National League of Cities, and National Association of Counties.

The U.S. Senate is currently considering the PFAS Action Act of 2021, which has passed in the U.S. House of Representatives. The letter urges the Senate to vote against the legislation in its current form and to amend it so that MSW landfills and the communities they serve will not be held financially liable under CERCLA for PFAS contamination. An exemption is already included in the bill that provides liability protection to airports that release PFAS into the environment from the use of firefighting foam. Draft language for the CERCLA exemption for landfills was also outlined in the letter.

SWANA will continue to advocate that the legislation be amended so that MSW landfills and the communities they serve will not be held financially liable under CERCLA for PFAS contamination. Chapters interested in writing similar letters to their Senators are asked to please contact jmaxwell@swana.org for assistance.

Ocean Plastics

SWANA participated in a U.S. government-led stakeholder meeting on August 10 concerning oceans plastics. The meeting, led by the State Department, was intended to receive input from stakeholders on what position the United States should take in upcoming negotiations in a number of fora concerning proposed international treaties governing ocean plastics. Ten federal agencies and nearly 80 stakeholders participated in the meeting.

One of the issues raised during the meeting was the role of upgrading solid waste collection and disposal systems in other countries, especially in the developing world. SWANA observed that although such upgrades should be a component of any future treaty, the mere existence of modern systems does not eliminate litter or ocean plastic. SWANA cited the increase in PPE litter in the U.S. during the COVID-19 pandemic as evidence that changing behaviors is equally as important as improving solid waste infrastructure.

A ministerial-level meeting will take place in early September  to discuss a “global strategy” for addressing ocean plastic, with another meeting scheduled in late October at which a possible U.N. Environmental Assembly (UNEA) resolution will be discussed. Such a resolution may be introduced and voted on at the February-March 2022 UNEA meeting.