Advocacy

Canadian Single-Use Plastic Ban Regulations Proposed

The Government of Canada has published draft regulations prohibiting certain single-use plastics, initiating a public comment period ending on March 5, 2022. During this period, comments may be submitted to Environment and Climate Change Canada on the proposed Regulations, the accompanying Regulatory Impact Analysis Statement, as well as a draft Guidance for Selecting Alternatives for businesses. SWANA’s Canadian Chapters are currently reviewing the draft regulation and guidance.

The proposed Regulations would prohibit the manufacture, import and sale of six categories of single-use plastic items (checkout bags, cutlery, foodservice ware made from or containing problematic plastics, ring carriers, stir sticks, and straws), with certain exceptions for straws. There is also an exception for these materials if exported out of Canada.

The government proposes a one-year transition between the final publication of the regulations and their coming into force, though final decision on timing will be made after public comments are received.

The draft Guidance for Selecting Alternatives to the Single-Use Plastics accompanying the Regulations was developed to help businesses and other organizations make decisions on alternative products. It is meant to reflect best practices for choosing less-impactful plastics or non-plastic alternatives to the six categories of single-use plastic items identified in the proposed Regulations.

Potential Future Regulation Addressing Pyrolysis and Gasification Units

In December, SWANA submitted comments to EPA on potential new regulation of pyrolysis and gasification units, calling on the Agency to provide clearer guidance while not burdening existing facilities.

EPA is considering potential changes to existing regulations under Clean Air Act (CAA) section 129 or the development of new regulations for pyrolysis and gasification units. These units convert solid or semi-solid feedstocks, including solid waste, to useful products such as energy, fuels, and chemical commodities. SWANA’s Core Advocacy Group approved of responding to EPA, with the Waste Conversion and Energy Recovery Technical Division taking the lead on development of the comments.

In its initial request for information, EPA stated it had received several inquiries about the applicability of CAA section 129 for solid waste incineration units to pyrolysis and gasification. This is a step towards clarifying those rules for the regulated community.

Suit Filed to Force EPA to Revise Landfill Gas Emission Calculations

The Environmental Integrity Project, Chesapeake Climate Action Network and the Sierra Club have filed a notice of intent to sue the U.S. Environmental Protection Agency (EPA) to force the Agency to revise its landfill gas emissions calculation methods. This the first step in a legal process under the Clean Air Act.

EPA is required to review and, if necessary, update the landfill gas emissions calculation methods every three years. The notice alleges that EPA has failed to do this review for volatile organic compounds (VOCs), oxides of nitrogen (NOx), and carbon monoxide (CO) from MSW landfills since 1998. Further, it states EPA must also review the methods used to quantify methane generation and non-methane organic compounds. The group claims that the current emission factors underestimate emissions from almost all pollutants by about 25 percent. 

SWANA’s Core Advocacy Group and the Landfill Gas and Biogas Technical Division are currently reviewing the notice to determine an appropriate association response. Further updates will be provided on this issue as they develop.