Federal Legislative Information: 2004 (Updated 4/20/04)

see www.swana.org (Legislative Advocacy)

ENERGY BILL

US Energy Bill - new Senate bill (S. 2095) has been introduced with omits the IRC section 45 tax credits for landfill gas to electricity energy production

should include LFG tax credits from previous energy bill (HR 6)
SWANA working to get section 45 tax credits back in S. 2085 so that LFG and all renewable energy sources are treated equitably

CLEAN AIR ACT

Emissions from Off-Road Engines

To regulate emissions from heavy-duty non-road diesel engines and to lower sulfur content in fuel
Promulgated 10/03

RCRA

Bioreactor Landfills - research development and demonstration permits

Final rule postponed due to number of comments rec'd during comment period in fall 2003
Provides for alternative liners, caps and operations

Waste Flow Control and Transboundary Transport of Solid Waste

Several pieces of legislation to grant EPA the authority to implement the Basel Convention on the control of trans-boundary Movement of hazwaste
Bill by several Michigan congressmen (both parties) to provide EPA with additional $1M to enforce Basel Convention (EPA authority to enforce in question)

New Guidelines for Purchasing Recovered Compost as Fertilizer

Revision of procurement guidelines to include manure or biosolids and designate fertilizers made from recovered organic materials
Public comments due 2/9/04

Exclusion of Disposable Industrial Wipes from Hazardous Waste Definition

EPA proposal to allow disposal of wipes (< 5 grams) in non-hazwaste landfills and WTE facilities
Public comments due 2/18/04

Cathode Ray Tube Final Ruling

Conditionally excludes CRTs from hazwaste regulation if being recycled or reused removing divesion barriers and saving up to $3M
Promulgation expected 5/04

Redefinition of Industrial Recycling Under RCRA

To expand conditions under which hazardous waste can be recycled within the same industry sector without being subject to strict RCRA requirements
Being pursued by EPA

Disposal of Low-Level Nuclear Waste

Intended to develop consistency in disposing of these materials under RCRA
Notice of rule making posted 11/03 - comments due in 2004

RECYCLING

National Bottle Bill - bill #S1867

Requires beverage container manufacturers to develop and implement a 10-cent refundable deposit program with 80% recovery
Sponsored by Sen James Jeffords (I-VT) - currently stalled in committee

Phone Portability Ruling

FCC recently implemented to allow customers to retain phone number when changing phones or service providers
EPA projects result will be an increase in discarded cell phones to over 130M/year by 2005

Asphalt Recycling

New bill requiring minimum use of recycled asphalt in new road base
Stalled in committee

Electronics Recycling

Bill to increase electronics recycling (Thompson, D-CA)
State of California bill now in place requiring advanced disposal fees on certain electronics

CLEAN WATER ACT

"Isolated" Wetlands

1/03 EPA guidance states the presence of migratory birds can no longer be used to establish federal jurisdiction over certain isolated water
Rulemaking discontinued in light of heavy public comment against proposed ruling discussion over meaning of "adjacent"