Groups hope rule will incentivize waste diversion and composting in Colorado
Denver, CO — The Colorado Air Quality Control Commission today approved a rule to help rein in harmful air pollution and methane, a potent greenhouse gas, from landfills in Colorado. The rule, which is the product of months of discussions between conservation groups, community groups and industry, will require more leak detection monitoring at landfills and, for landfills emitting large amounts of pollution, will require them to install systems to collect and destroy that pollution. While the final rule is not as strong as originally proposed, groups hope that it will help to incentivize waste diversion and composting efforts in the state of Colorado.
“This is a monumental moment for Colorado communities to be further protected from hazardous emissions coming from our landfills and flowing into our communities,” said Brian Loma, hazardous materials and waste diversion advocate with GreenLatinos. “Destroying these emissions will lead to improved health conditions and lowered health care costs for many Colorado communities.”
The final rule goes beyond the federal minimum standards to reduce emissions from landfills in Colorado. It phases out open flares and instead requires enclosed destruction systems in most circumstances – significantly benefiting the health of communities across the state, as open flares are not as reliable or effective at destroying pollution. The rule also includes provisions for biocover and biofilters to oxidize pollution before it can escape through the surface of the landfill. The commission should consider strengthening these provisions moving forward, as robust biocover and biofilter uptake will help to reduce emissions while creating a market for compost. The final rule, however, fails to address harmful PFAS “forever chemicals” in landfill air emissions, and groups have encouraged the state to prioritize research and mitigation to address this issue.
“Quickly and significantly reducing methane from the waste sector – the world’s third largest emitter of anthropogenic methane – is critical for tackling climate change and improving public health,” said Mary Sasso, attorney at Clean Air Task Force. “The final rule approved by the commission leverages cost-effective, practical solutions that will reduce methane emissions, like robust and frequent monitoring. While there is still room for improvement, this final rule marks important progress in protecting communities near landfills and advancing Colorado’s climate goals.”
In April, the Colorado Air Pollution Control Division issued its draft rule on landfill pollution, kicking off the rulemaking process. The initial proposed rule would have been the strongest in the nation, but over time and after arguments from both sides, the division weakened the draft rule. In order to preserve the most important elements of the rule, the parties spent hours meeting to find agreement on the best path forward. The rule approved by the commission today is a product of those discussions.
“The rule approved by the commission is an important step forward on landfill emissions in Colorado,” said Alexandra Schluntz, senior attorney with Earthjustice’s Rocky Mountain Office. “While this does not do everything we hoped to see, it will make a real difference for the health of surrounding communities. It is important that Colorado uses this rule as a launching point to further incentivize waste diversion and composting in the state, which is the best way to reduce air and climate pollution from landfills—by preventing it from the start.”
Air pollutants emitted from landfills pose a grave threat to the climate and to public health. Composed of methane, carbon dioxide, volatile organic compounds, hazardous air pollutants and–alarmingly–PFAS, known as “forever chemicals,” emissions of landfill gas are harmful in a variety of ways. Due to its high global warming potential, even small amounts of methane have an outsized impact on the climate over the short term. Additionally, volatile organic compounds and hazardous air pollutants cause a myriad of health issues including nervous system damage and cancer.
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Acerca de GreenLatinos
VerdeLatinos (NOTA: GreenLatinos es UNA PALABRA) es una comunidad activa de líderes latinos, envalentonados por el poder y la sabiduría de nuestra cultura, unidos para exigir equidad y desmantelar el racismo, con recursos para ganar nuestras batallas ambientales, de conservación y de justicia climática, y motivados para asegurar nuestras políticas, Liberación económica, cultural y ambiental.
About Earthjustice
Earthjustice es la principal organización de derecho ambiental sin fines de lucro. Ejercemos el poder de la ley y la fuerza de la asociación para proteger la salud de las personas, preservar lugares magníficos y la vida silvestre, promover la energía limpia y combatir el cambio climático. Estamos aquí porque la tierra necesita un buen abogado.
DENVER — In a groundbreaking new decision released last week, the Colorado Department of Public Health and Environment (CDPHE) took a strong stance against a loophole in the Producer Responsibility plan (mandated by HB22-1355) that could have allowed controversial 'free allocation' mass balance methods for measuring and tracking recycled content. This deceptive and unverifiable approach—promoted by some in the plastics industry—would have enabled companies to overstate their recycled content claims. By rejecting this greenwashing loophole, Colorado is ensuring that no plastics can be turned into fuel through any means and be counted as 'recycled' within the state. CDPHE’s wise decision is also preventing the creation of an unlevel playing field based on inflated and misleading figures. The decision is a pivotal victory for climate and environmental justice communities, environmental and community groups, and everyday Coloradans.
As explained in a recently released letter describing its position, CDPHE “determined that it is not appropriate to use the mass balance credit method with free allocation - fuel exclusion when calculating [Post-consumer Recycled Content] PCR content” as it “does not verify the actual PCR content contained within a material” in the Producer Responsibility for Paper and Packaging program (HB 22-1355). This momentous Colorado decision can be an example for other states and countries to disallow ‘free allocation’ mass balance accounting — a type of greenwashing accounting method and false advertising corporations use to increase their profit margins and mislead consumers about the actual recycled content of the products they purchase.
The Colorado State Advisory Board deliberated for months over the question of whether to allow this controversial accounting method, ultimately issuing a statement of concern. CDPHE subsequently made an official determination that "free allocation" isn't compliant with state law.
“We are elated by this decision to remove greenwashing from recycling methods. All communities must be protected from hazardous and toxic industries that pollute our environment,” said Brian Loma, Hazardous Materials and Waste Diversion Advocate at GreenLatinos Colorado. “GreenLatinos, along with our partner organizations, are excited to celebrate this significant decision by the Colorado Department of Public Health and Environment and hope that this decision will have a positive impact on communities nationwide and around the world. We continue to do everything we can to educate our members, partners, and other consumers about the dangers corporations cause when intentionally using greenwashing methods to deceive consumers.”
"Colorado just took an important step towards ending a little-known but highly consequential corporate greenwashing scheme for recycled plastic. While there is still more that needs to be done, communities and consumers throughout the state will breathe easier because of this decision,” said Renée Sharp, Director of Plastics and Petrochemical Advocacy, Natural Resources Defense Council (NRDC).
"People have an understanding of what recycling plastic looks like and what recycled content means. Free allocation mass balance uses opaque accounting methods that mislead consumers,” said Jessica Roff, Plastics and Petrochemicals Program Manager at GAIA. “Colorado listened to environmental justice groups, residents, and experts, and made the right decision to stop industry from using this method of greenwashing harmful practices that are not actually recycling. This is a great first step, and we hope other municipalities will follow suit and then all will keep improving."
“As a mission-based recycling organization, we see this decision as a win for transparent and reliable recycling. The public made it clear that unverifiable accounting practices have no place in our system. By rejecting these approaches, the State helps ensure that Colorado’s recycling system remains something people can trust,” said Rachel Setzke, Senior Policy Advisor at Eco-Cycle.
“I was thrilled with this important decision by CDPHE,” said State Senator Lisa Cutter, sponsor of HB22-1355. “Burning plastics for fuel is an inefficient and unproven method of recycling plastics, exposing the communities where these plants are located to extremely hazardous air quality. We must not leave the door open for the continued perpetuation of these toxic plastics, and this is a great step in that direction.”
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Acerca de GreenLatinos
GreenLatinos (NOTA: GreenLatinos es UNA PALABRA) es una comunidad activa de líderes latinos, envalentonados por el poder y la sabiduría de nuestra cultura, unidos para exigir equidad y desmantelar el racismo, con recursos para ganar nuestra justicia ambiental, de conservación y climática. batallas y motivados para asegurar nuestra liberación política, económica, cultural y ambiental.
About Eco-Cycle
Founded in 1976, Eco-Cycle is one of the nation’s oldest and largest nonprofit recyclers and advocates for Zero Waste solutions, and is a founding member of the Alliance for Mission-Based Recycling (AMBR).
About GAIA
The Global Alliance for Incinerator Alternatives (GAIA) is a member-based, environmental justice network working at the intersection of waste, climate, and justice. In the United States and Canada, GAIA supports grassroots organizations that advance zero waste solutions, challenge the plastics and petrochemical industries, reduce methane emissions, and promote safe, sustainable practices for electric vehicle battery production and recycling.
