Advocacy

Congress to Address PFAS, EPA Efforts Continue

The U.S. House of Representatives will consider a bill this week designating some per- and polyfluoruoalkyl substances (PFAS) as hazardous. This would require the U.S. Environmental Protection Agency (EPA) to reduce ongoing PFAS releases and set a drinking water standard for them. This could have major implications on how the solid waste industry monitors and processes materials like landfill leachate and biosolids.

The PFAS Action Act of 2019 (H.R. 535) is likely to pass out of the House, but faces a tougher fight in the U.S. Senate. On January 8, the White House indicated that it would veto the bill should it make it through Congress. Legislation to begin regulating PFAS was previously considered as part of a defense bill in December but was pulled out at the last minute. It also failed to be included in an end-of-year spending bill.

The U.S. Environmental Protection Agency issued its PFAS Action Plan in February 2019 and stated it would issue its determination by the end of the year on whether to regulate the substance as part of the Safe Drinking Water Act (SDWA). That deadline was not met but EPA recently issued interim PFAS groundwater guidance for federal cleanup programs.

While federal regulation remains uncertain, states are taking action, particularly in the northeast. SWANA and the Chapters have a responsibility to provide education to lawmakers, regulators and the public about the role of solid waste management as receivers of PFAS materials.

SWANA joined a group of stakeholders in November 2019 to issue a PFAS Factsheet that includes a call-to-action for a measured, scientifically sound response to PFAS contamination. SWANA’s Landfill Management Technical Division is also developing an online PFAS resource hub that will be available early this year. Additionally, technical sessions on PFAS treatment options and developing an action plan for its management are featured at SWANApalooza in Atlanta, Georgia, March 23 – 26, 2020.

New Drug & Alcohol Rule in Effect for Commercial Drivers

As of January 6, 2020, the federal Drug & Alcohol Clearinghouse rule went into effect, requiring all motor carriers to check the clearinghouse when hiring a new driver. This includes "Municipal vehicle drivers (e.g., waste mnagement vehicles)." Employers also must check it annually for all other drivers employed. This online database is where violations of the Federal Motor Carrier Safety Administration (FMCSA) drug and alcohol testing program by CDL drivers will now be recorded and accessible to employers.

Employers will need to request consent from any potential new hires to conduct a full query within the clearinghouse house and then must use the clearinghouse to pull a record on the driver. This may include certain drug and alcohol program violations, negative return-to-duty results, or successful completion of a driver’s follow-up testing plan. Conversely, employers are also required to report violations from January 6^th onward in the clearinghouse as well.

More limited queries of the clearinghouse for all drivers currently employed are required once a year, and consent is also required. This query will only show if there is any information available. If something is discovered, then a full query will be required.

Since the start of the requirement on January 6, technical issues have plagued that site and employers experiencing problems have been allowed to move forward with hiring. Once the issues are fixed, however, they will still need to run the query for the new employee.

In December, FMCSA issued a final rule extending by three years the date by which state driver licensing agencies must comply with certain Clearinghouse rule requirements. The rulemaking delays the compliance date for the requirement that states request information from the Clearinghouse before completing certain CDL transactions until Jan. 6, 2023. The states can voluntary begin doing so, however.

FMCSA provides an online learning center with additional information about the rule, including resources for drivers and employers. This includes the recording of an informational webinar for employers and drivers.