Advocacy

SWANA Joins Passive Receivers Calling on EPA to Work with Congress on PFAS Regulation

SWANA joined 38 other organizations in comments asking EPA Administrator Michael Regan to work closely with Congress to ensure that passive receivers are not unfairly targeted as PFAS is increasingly regulated.

Passive receivers are calling on EPA and Congress to ensure that any rulemaking designating PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is coupled with legislation providing statutory relief from contribution litigation for local governments and our members.

The letter was sent in response to EPA’s request for comment on adding 7 PFAS compounds to CERCLA, in addition to PFOA and PFOS which are already proposed.

The signatory organizations represent essential public services that neither manufacture nor use PFAS. They are passive receivers of media containing PFAS that are ubiquitous in the water supply, wastewater treatment process, stormwater, biosolids management, and solid waste streams.

EPA has previously stated it plans to develop a CERCLA PFAS enforcement discretion and settlement policy but has admitted it lacks sufficient authority to shield passive receivers from lawsuits brought by manufacturers of PFAS and other parties responsible for site contamination. Legislative action by Congress is necessary to fill that gap and protect the solid waste industry and others.

SWANA Submits Comment on Large Municipal Waste Combustor Emission Standards Review

SWANA, in consultation with the Waste Conversation & Energy Recovery (WCER) Technical Division, has submitted comments to EPA highlighting the important role that waste-to-energy plays in the solid waste management programs of many communities as the Agency considers updating emission standards.

In December, EPA opened a nonrulemaking docket to solicit public input from stakeholders on the Agency’s efforts to review and potentially revise emissions standards for Clean Air Act section 129 pollutants from the Large Municipal Waste Combustor (LMWC) source category. SWANA’s comments were in response to this request for input.

EPA will provide a separate opportunity for public comment on any future proposed rulemaking for LMWCs through a formal comment period.

The Agency has since published a proposed consent decree in response to a citizen suit alleging that EPA had failed to update the emission standards in a timely manner. To address this, EPA is planning to propose new source performance standards and emissions guidelines for large municipal solid waste incinerators (LMWCs) by December 31, 2023, with final rules set by November 30, 2024. Comment on the consent decree is due by July 14, 2023, and the WCER Technical Division is currently reviewing.

Government of Canada taking next step in addressing “forever chemicals” PFAS

On May 20, 2023, Environment and Climate Change Canada and Health Canada published a draft State of PFAS Report and Risk Management Scope as a guide for future action.

The report is a draft assessment of the potential risks of these substances to the environment and human health and it proposes concluding that all substances in the class of PFAS have the potential to cause harm to both the environment and human health.

Several options to reduce environmental and human exposure will be considered following review of public comments and finalization of the report, including recommendations for additions to Schedule 1 of the Canadian Environmental Protection Act, 1999, and controls for PFAS in firefighting foams. Information will also be gathered to identify options for minimizing exposure from other sources and products. Based on the precautionary approach, the goal would be to limit exposure, to the extent possible.

Should the final report confirm that PFAS may pose risks to the environment and health, the completion of this work would lead to swift action to address more than 4,700 substances, rather than treating them individually. Canada and the European Union are the first jurisdictions in the world to propose class management of PFAS.

Stakeholders can submit comments on the draft report and risk management scope until July 19, 2023. The SWANA Canada Chapters are currently reviewing and considering the appropriate response.

Lithium-ion Batteries Hazardous Waste in EPA Memo

EPA has issued a memo clarifying that most lithium-ion batteries are likely hazardous waste at end of life and that they can be managed under the streamlined hazardous waste management standards for universal waste until they reach a destination facility for recycling or discard.

EPA also explained that, while qualifying as hazardous waste, lithium-ion batteries can be managed as “universal waste” under 40 C.F.R. Part 273, which imposes a more “streamlined” set of requirements than the standard set of hazardous waste requirements. These determinations will have a significant impact on entities who dispose of lithium-ion batteries, as well as entities involved in battery end-of-life management activities, including recycling.