The recycling industry is significantly impacted by regulatory policy made in agencies and departments across the U.S. government. Thus, ISRI is continually monitoring and commenting on any and all regulations that have the potential to hinder recycling operation. Of particular note, ISRI is aggressively advocating for:
- Revision of CAA Regulations Applicable to Appliance Recycling to Reflect Congressional Intent.
ISRI will continue to work with the EPA and others to seek modifications to the current regulations applicable to refrigerant-containing appliances under Title VI of the Clean Air Act (CAA). These regulations do not follow the intent of Congress that they “shall include . . . [r]equirements that [refrigerant] contained in bulk in appliances, machines or other goods shall be removed from each such appliance, machine or other good prior to the disposal of such items or their delivery for recycling,” which has led to confusion over what constitutes acceptable compliance and, thus, to enforcement actions for what the industry does not understand to be a violation of the rules.
- Maintaining Flexibility in Stormwater Permits.
ISRI is tracking, and recently offered oral public comment on the National Academy of Science’s (NAS’s) stormwater research project, “Improving the Next‐ Generation EPA Multi‐Sector General Permit for Industrial Stormwater Discharges”. This NAS project which resulted from the 2016 legal settlement approved to prevent protracted litigation of the 2015 Federal Multi‐Sector General Permit (MSGP) could have far‐reaching consequences for the recycling industry. Since the early 1990s, the recycling industry has been subject to permitting under the Clean Water Act (CWA) for discharges of industrial stormwater, including under the Federal MSGP in some cases. Recommendations from the NAS project will be reflected in the proposed 2020 MSGP, potentially incorporated into the 2020 MSGP, and potentially eventually part of most states’ industrial stormwater general permits.
- Consideration of Impacts on Recycling in TSCA/LCSA Rulemaking.
As EPA initiates rulemakings to implement the Lautenberg Chemical Safety for the 21st Century Act (LCSA) as well as existing provisions of the Toxic Substances Control Act (TSCA), it is critical that the agency consider direct and indirect impacts on recycling, as well as on refurbishment activities. ISRI will continue to monitor such activity and raise objections as necessary to proposals that dis‐incentivize or impede recycling. There are currently several proposed rulemakings at EPA that ISRI has provided significant comments on, and we look forward to working with the agency to ensure our comments are taken into consideration in any final rulemaking.
- Streamlining Reporting Requirements by Recyclers into NMVTIS.
ISRI will continue working with the Department of Justice (DOJ) and law enforcement on the integration of all 50 states into the National Motor Vehicle Title Information System (NMVTIS) as part of the effort to streamline and eliminate wherever possible duplicative steps for recyclers when transmitting data. And as states develop and update their own vehicle title registration systems, ISRI will look for opportunities to advocate for elimination of double reporting requirements by having the state DMVs transmit recyclers' vehicle data over to NMVTIS.