McKee Signs Bill To Prevent High-Heat Medical Waste Plants

PROVIDENCE, RI — Gov. Daniel McKee on Friday signed a bill that bans new medical waste incinerators and pyrolysis plants near residential neighborhoods, schools, nursing facilities and environmentally sensitive areas.

Rep. Justine A. Caldwell (D-East Greenwich, West Greenwich) and Sen. Bridget G. Valverde (D-North Kingstown, East Greenwich, South Kingstown, Narragansett), who sponsored the legislation, joined McKee for the signing ceremony.

The legislation prohibits any high-heat medical waste processing facility within 2,000 feet of water, open space, parks, floodplains, flood hazard areas, or within one mile of schools, colleges, child care facilities, assisted living facilities, nursing facilities or residential zones. It also prohibits such facilities within environmental justice communities.

Caldwell and Valverde introduced their legislation in response to plans by MedRecycler-RI to build a medical waste processing facility near the West Warwick-East Greenwich border. Medrecycler had planned to process up to 70 tons of medical waste per day using pyrolysis, a technology that deploys extreme high heat in a zero-oxygen environment. While MedRecycler touted the project as clean and green, critics asserted that pyrolysis is no better than incineration when it comes to environmental impact.

The Department of Environmental Management on July 12 rejected the MecRecycler application, but Valverde and Caldwell said they don’t want other communities to have to wage similar fights

“We and our communities are immensely relieved that this proposal has been rejected and will not be allowed in the future. We weren’t just saying, ‘Not in our backyard.’ This type of facility shouldn’t be in anyone’s backyard,” said Valverde in a statement.

“Importing dangerous medical waste from out of state and burning it at high temperatures has obvious risks and it undermines our efforts to stop air pollution. No one should have to fight a proposal like this in 2021, and with this law, Rhode Islanders will not have to do it in the future, either,” said Caldwell.

MedRecycler RI Inc. in May 2020 received its air permit from the state, and later submitted several revisions of its license application. The DEM in January issued a Notice of Intent, and dozens testified at a March 15 public hearing. The July 12 denial notice opened a 90-day appeal window that expires this week. As of August 8, MedRecycler had filed no appeal.

MedRecycler, through the KSP law firm, asserted in a July 2 letter that the new Rhode Island legislation would not pertain to its proposed facility in part because the law “has no express retroactive language.” Following the DEM denial, MedREcycler CEO Nicholas Campanella said the company is "considering legal options."

In his denial letter, DEM director Terrence Gray cited the new law and opined that it prevents state regulators from approving the plant. Gray also pointed to other deficiencies in the MedRecycler application.

Opponents in East Greenwich and West Warwick waged a vigorous fight against the facility with backing from the Conservation Law Foundation.