Oregon’s Medical Waste Incineration Act

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Oregon’s Medical Waste Incineration Act – SB 488

The Oregon State Senate and House both passed Senate Bill 488!
Governor Kotek signed the bill on Aug. 4th, 2023
Read more

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Covanta waste incinerator, Chester, PA. Image courtesy of Chester Residents Concerned for Quality Living.

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VICTORY!

SB 488, a bill to cap and monitor toxic emissions from waste incineration, passed both the Senate and House. The bill was subsequently signed into law by Governor Kotek on Aug. 4th! Beyond Toxics, an Oregon environmental justice organization, is the primary advocate, leading a coalition of groups concerned about waste incineration for more than four years.

SB 488 will require Covanta Marion, a large municipal waste incinerator located northeast of Salem, to deploy continuous emissions monitoring for the most hazardous chemicals known to harm human health and the environment. In addition, medical waste incineration, which produces the most dioxin, will be capped at 18,000 tons/year.

With the passage of SB 488, Oregon leads the nation in promoting increased understanding, monitoring and regulating of the highly hazardous pollution created when plastics, petroleum products, industrial waste and other materials are burned.

“The passage of SB 488 is a David and Goliath victory,” observed Lisa Arkin, Executive Director. “It is also a tremendous win for environmental justice because the incinerator’s pollution primarily impacts communities of color living near NE Salem, Woodburn and Brooks. Everyone deserves to breathe clean air and to be assured that their communities are not polluted with dioxin and heavy metals.“

We’re sending a BIG THANK YOU to SB 488 chief bill sponsors: State Senator Deb Patterson, Representative Courtney Neron, Senator James I. Manning Jr., and Senator Aaron Woods. SPECIAL THANKS to all the legislators that fought for SB 488 every step of the way: Representative Khanh Pham, State Senator Michael Dembrow, Oregon State Senator Janeen Sollman, Senator Rob Wagner. From the Coalition in support of the Medical Waste Incineration Regulations bill, SB 488, we owe a huge debt of gratitude to you for your leadership to get this vital air quality and environmental justice legislation across the finish line.

Read Oregon’s Legislature passes nation’s strictest incinerator monitoring bill by Tracy Loew, Salem Statesman Journal
also: Oregon becomes first state to require higher standard of continuous emissions monitoring at incinerators by Jacob Wallace, Editor, Waste Dive

Final bill as signed into law

Signing letter from Gov. Kotek

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Lisa Arkin, Executive Director

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Chief Co-Sponsors: Senators Patterson and Manning Jr. and Rep. Neron
Regular Sponsors: Senators Campos, Gelser Blouin, Golden, Taylor

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Read a March 17th editorial by Mike Ewall: Senate bill addresses problem of poorly regulated medical waste incineration in Oregon

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JOIN US February 6th @ 7pm for a Zoom webinar:
“Winning for Clean Air Now! Understanding Oregon’s Medical Waste Incineration Act“

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JOIN US February 6th @ 7pm for a Zoom webinar:
“Winning for Clean Air Now! Understanding Oregon’s Medical Waste Incineration Act“

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Medical waste incineration is outdated and unnecessary!

Oregon’s Medical Waste Incineration Act (SB 488A) closes the regulatory loophole in Oregon’s air quality laws that allows a municipal waste incinerator to burn large amounts of medical and industrial waste without being held to stricter medical waste incinerator emissions limits. This would include waste trucked in from out-of-state.

The passage of Oregon’s Medical Waste Incineration Act, SB 488A is critical to achieving clean air for the people of Oregon, particularly those living in the mid-Willamette Valley. The large amounts of air toxics emitted from Covanta’s stack has impacted human and environmental health around Marion county for over 30 years.

Burning a greater volume means more toxic pollutants

Each year, Covanta Marion, Oregon’s municipal waste incinerator, burns more than 176,000 tons of municipal, medical and industrial waste. In recent years, the Covanta Marion incinerator has steadily increased the amount of out-of-state hospital and medical waste they burn. Burning medical waste, which is often plastics such as PVC, is known to emit more toxic pollutants than most municipal waste due to the complex nature of medical waste. As medical waste incineration increases, emissions of dioxin compounds and other dangerous chemicals also increase.

The issue of Environmental Justice

Trash dumps and waste incineration are, and have always been, an environmental justice issue because these polluting facilities are routinely placed close to areas with lower-income residents and communities of color. SB 488 will close loopholes in the law that will reduce emissions from waste incinerators and provide a much-needed update to Oregon clean air laws. The result will be improved air quality for communities around waste incinerators.

As outlined below, burning medical waste in a trash incinerator is only viable because of a federal loophole that allows weaker standards.

Medical Waste Incineration Act (SB 488A) 2-page Overview (PDF)

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Waste Incineration is a source of highly toxic air emissions and climate pollutants
Incineration converts trash into toxic air, water and soil pollutants which disperse across communities.

Waste incineration is a large source of greenhouse gas, lead, ammonia, arsenic, beryllium, cadmium, chromium (VI), hydrochloric acid, mercury, nitrogen oxides, particulate matter (PM10), fine particulate matter (PM2.5), and sulfur dioxide emissions.
Facilities that burn solid waste pollute soils, rivers, and the air with heavy metals and toxic chemicals where they can harm human health and wildlife. Heavy metal ingestion by children causes learning disabilities, lowered IQ, hyperactivity, and attention deficit. ^{1, 2}

Incineration of solid waste also creates new compounds like dioxins and furans, the most toxic class of chemicals known.
Dioxins are formed when organic materials (e.g., wood and paper) are burned in the presence of chloride products (e.g., PVCs from medical waste plastics). Dioxins are carcinogenic, cause birth defects, disrupt endocrine systems, suppress the immune system, and decrease fertility. ³

Does Oregon have a solid waste incinerator and what do we know about it?

Yes. The Covanta Marion incinerator is located in Marion County between the cities of Salem and Woodburn. The facility became operational in 1986. Now over 36 years old, Covanta Marion is older than the average useful life of most incinerators. A few facts:

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Each year the incinerator burns more than 176,000 tons of municipal, medical and industrial waste.

Covanta Marion burns approximately 14,000 tons of in-state and out-of-state medical waste on an annual basis. This waste is a significant contribution to the toxic air emissions that are many times over the amount that the U.S. EPA allows for a large new medical waste incinerator.

A contract with Marion County allows the Covanta incinerator to burn up to 18,000 tons of out-of-state medical waste.

Covanta’s emissions levels exceed limits for large new medical waste incinerators. ⁴ | See the Covanta Marion table

Does Oregon have a Solid Waste Incinerator and what do we know about it?

Covanta Marion imports approximately 10,000 tons of out-of-state hospital and medical waste on an annual basis. This is over five times the amount that the U.S. Environmental Protection Agency (EPA) uses to classify a medical waste incinerator as “large.” A contract with Marion County allows the Covanta incinerator to burn up to 18,000 tons of out-of-state medical waste.

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Covanta Marion’s Municipal versus medical waste incineration: the regulatory loophole

Federal regulations for medical waste incinerators are far stricter than those for municipal waste (trash) incinerators. However, a loophole in EPA regulations allows an incinerator classified as a “municipal waste incinerator” to burn significant amounts of medical waste without being held to the much stricter medical waste incinerator emissions limits. Burning medical waste, which is often plastics such as PVC, is known to emit more toxic pollutants than most municipal waste. This regulatory loophole allows the Oregon’s waste incinerator to be regulated under the weaker regulations governing municipal waste incinerator.

As a result, Covanta Marion can burn thousands of tons of imported medical waste while taking advantage of weaker municipal trash incinerator regulations. This makes Oregon a dumping ground for the toxic pollution that other states don’t want.

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The following table summarizes DEQ’s emission reports for the Covanta Marion incinerator over the past several years. As shown, Covanta’s emissions levels exceed limits for large new medical waste incinerators.

Comparison of Covanta Source Test Results and Medical Waste Uncinerator Limits

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TAKE ACTION FOR SB 488

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UPDATE
SB 488 has passed out of the Senate Committee On Energy and Environment! Referred to the Joint Ways and Means Committee.

We recommend taking these steps TODAY!

1) Read about the bill (above)

2) Use our FAST Response form that will message State Senators in Salem! You will have a chance to add a brief, personalized comment of your own.

3) Write to your own own legislators asking them to support SB 488, the Medical Waste Incineration Act. We each have one State Senator and one House Representative whose job it is to represent you.

Read for inspiration:

TALKING POINTS FOR SB 488->>

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Talking points

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How to submit testimony

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How to contact your legislators

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Talking Points
Click on the link above to read the key points you can include in your testimony

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Covanta Marion is currently regulated under emissions standards for municipal waste (i.e., city trash) incinerators, rather than the more stringent standards for large medical waste incinerators.

Medical waste incineration is more toxic than municipal waste, due to a higher percentage of plastics, and because the plastics in medical waste contain more polyvinyl chlorides (PVCs), leading to higher levels of toxic air emissions, particularly dioxin and lead.

Communities that are impacted by Covanta’s dirty air emissions are environmental justice communities in the Northeast Salem and Woodburn areas.

The US EPA guidelines provide for greater control technology and lower emissions limits for medical waste.

Consistent record keeping

Children are more vulnerable to pesticide exposure

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TESTIMONY – How to submit written testimony on a bill

The testimony comment period is now open. Scroll down for instructions.

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How to submit written testimony on a bill

Testimony may be submitted for bills that are scheduled for a public hearing. The testimony you submit will be displayed in the Oregon Legislative Information System (OLIS). Testimony must be submitted within 48 hours after the start time of the committee meeting at which the public hearing is held.

Anyone on a computer connected to the internet can use the Legislature’s web-form to submit testimony.

Click on the image above to go to the SB 488 legislative website.

Find the “Submit Testimony” link in the upper right (circled in red in the image above).

The Testimony Submission form will open.

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Testimony Submission form (below)

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Testimony Submission form
Check to make sure the correct committee, hearing date and bill number are selected.

Fill out the form

First Name, Last Name, Email Address, Organization or City of Residence, on behalf of (optional) and position on the bill (you support it!).

Add your testimony at the bottom of the page (circled in red)

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Click to select how you will be submitting your testimony:

Text Testimony (type or copy text into text box)
or Upload a pdf (attach your testimony as a pdf format document).

Depending on the option selected, the Testimony Submission Form will expand to allow you to enter/attach your testimony/input.

Text Testimony:
1) Select your Document Title

2) Type your testimony in the Submit testimony text box by clicking on the button that reads “Text Testimony” and typing or copying in your testimony. The maximum number of characters you can enter is 4000.

3) When finished, be sure to click on the “Submit Testimony” button at the bottom (circled in red)

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Contact Your Legislator

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Use our FAST Response form that will message State Senators in Salem! You will have a chance to add a brief, personalized comment of your own.

Contact the Senators in the Senate Committee On Energy and Environment:

Cick on the name for their email address

Chair: Senator Janeen Sollman
Vice-Chair: Senator Lynn Findley
Member: Senator Jeff Golden
Member: Senator Cedric Hayden
Member: Senator Kate Lieber

I know who my legislators are:

state house representatives listing with contact information

state senators listing with contact information

I’m not sure who my legislators are:

Find My Legislator locator

You can also write to the legislators that serve on the Senate Committee On Education.
Just click on their name to get their contact information.

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SB 488 provides measurable protection by reducing air toxics emissions

By closing the regulatory loophole, SB 488 will appropriately regulate a large polluter and ensure stronger environmental protection and public health outcomes for all Oregonians. If passed, Oregon will apply the EPA’s stricter air pollution limits to any incinerator burning enough medical waste to be classified as a large medical waste incinerator. Should a facility exceed the allowed weight of medical waste that gets incinerated, the Oregon DEQ will have the authority to apply the stricter air pollution emission limits required for medical waste incinerators set under federal law.

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See Resources below

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TAKE ACTION FOR SB 488

You can write to your own legislators asking them to support SB 488, Oregon’s Medical Waste Incineration Act (we each have one state senator and one representative in the House)

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Talking Points (coming soon)

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I know who my legislators are:

state house representatives listing with contact information

state senators listing with contact information

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I’m not sure who my legislators are:

Find My Legislator locator

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You can also write to the legislators that serve on the Senate Committee On Energy and Environment.
Just click on their name to get their contact information.

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Learn more about How to Submit Written Testimony on a Bill

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Background

Covanta Marion and its pollution has been our focus since 2018. In our role as clean air watchdog, Beyond Toxics advocates for policies and regulations that will protect downwind communities from Covanta Marion’s high emissions of toxic pollution. That’s why we advocate for SB 488 to regulate Covanta Marion as a Large Hospital and Medical Waste Incinerator due to the large volume of medical waste it burns. Despite the process to issue Covanta a new permit under the Cleaner Air Oregon air quality regulatory program, Oregon’s laws are far too weak to substantially reduce community exposure to dioxins, heavy metals and other toxic chemicals from Covanta’s stack and ash piles. Beyond Toxics was instrumental in stopping SB 451, a 2019 bill introduced (at the request of Covanta) to increase their profits by trying to sell electricity at higher rates as a “renewable” energy facility. Incinerating waste is not renewable – Oregon must advance zero- waste practices, not incentivize corporations that profit off more waste! We’ve consistently worked with the community downwind of Covanta and Clean Air Now, a community-based coalition. Environmental monitoring and public education are central to our work. Find out more

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ALSO: Read our NEW 2023 Legislative Agenda page to learn more about the bills we are supporting and how you can take action to help us advocate for their passage!

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References

⁽¹⁾ Lee MJ, et al., Heavy Metals’ Effect on Susceptibility to Attention-Deficit/Hyperactivity Disorder: Implication of Lead, Cadmium, and Antimony. Int J Environ Res Public Health. 2018 Jun 10;15(6):1221. doi: 10.3390/ijerph15061221.

⁽²⁾ Zhou, Y; Ma, W., Heavy metal exposure and children’s health. Springer 2020.

⁽³⁾ U.S. EPA, Learn About Dioxin. accessed 1/14/2023 at https://www.epa.gov/dioxin/learn-about-dioxin

⁽⁴⁾ Source: Oregon DEQ, 2020 Review Report/Permit No.: 24-5398-TV-01 Covanta Marion, p. 72

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ALSO: Read our NEW 2023 Legislative Agenda page to learn more about the bills we are supporting and how you can take action to help us advocate for their passage!

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Resources

To learn more about what we are doing to address and reduce the harmful air toxics emitted from Covanta, review below a selection of our research, environmental monitoring reports, blogs and public testimony submitted to the Department of Environmental Quality.

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REPORTS:

Medical Waste Incineration Act (SB 488A) 2-page Overview (PDF)

SB 488 Medical Waste Incineration Regulations Report (PDF) – This report was researched and created by Beyond Toxics and Clean Air Now

Covanta Waste Incinerator Investigation Report (PDF)
The moss and soil samples in this report showed concerning levels of chromium, mercury and lead.

Banishing the Burn: Opposing waste incineration in the Willamette Valley (PDF) by Surya Rainwater Lee | Surya Lee, a student at Willamette University, was an intern with Beyond Toxics in 2022. This was her assigned research project.

Read the 2-page summary of Oregon’s Medical Waste Incineration Act – SB 488 (PDF)

Educate yourself on the issues pertaining to clean air and SB 488, Oregon’s Medical Waste Incinerator Act – See the recording of the zoom webinar “Winning For Clean Air Now!“

Read NEWS reports and commentary about the bill/issue:

COMMENTARY
Senate bill addresses problem of poorly regulated medical waste incineration in Oregon
by Mike Ewall – MARCH 17, 2023

“Oregon Legislature debates medical waste burning at Covanta incinerator in Marion County” by Tracy Loew, Salem Statesman-Journal, March 2023

“Oregon may tighten Covanta waste incinerator emissions, require health study” by Tracy Loew, Salem Statesman-Journal, January 2023

Other news articles can be found on our In the News resources page.

Trashy and Tricky, blog by Lisa Arkin