Plastic Pollution: What Laws Are In Place?

Plastic pollution is a pressing global issue, with plastic being one of the largest emitters of greenhouse gases in the world. While localized policies have been implemented, more national and international laws are needed to combat the plastic pollution crisis effectively. Notably, California has been at the forefront of legislative efforts to reduce plastic pollution, with the recent passage of the Plastic Pollution Prevention and Packaging Producer Responsibility Act, aiming to hold producers and sellers of plastic packaging accountable for their waste. This law includes a $5 billion Plastic Pollution Mitigation Fund to support projects in disadvantaged communities and promotes the reduction of single-use plastics. Other states, such as New Jersey and Vermont, have also enacted laws to ban single-use plastic bags and polystyrene containers. Additionally, the Break Free From Plastic Pollution Act has gained support across the United States, highlighting the growing recognition of the need for comprehensive anti-plastic legislation.

Plastic pollution laws in California

California has implemented several laws to tackle plastic pollution. In 2021, Governor Newsom signed three bills to address plastic pollution:

• AB 881, which stops the counting of exported waste as recycling and prohibits misleading claims about recycling by banning the use of chasing arrows on non-recyclable items.
• SB 343, which complements AB 881 by imposing civil fines of up to $10,000 per violation for actions such as "knowingly or willfully [...] fil [ing] a false report" regarding disposals.
• AB 962, which allows for the refill of glass bottles instead of requiring them to be crushed.

In 2022, California passed another landmark law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54), which aims to hold producers and sellers of plastic packaging responsible for their waste. This law includes several key provisions:

• A requirement for producers to cut single-use plastic waste and ensure that the packaging on products they sell is recyclable or compostable by 2032.
• A $5 billion Plastic Pollution Mitigation Fund, financed by producers of single-use plastic packaging and foodware over 10 years, with funds primarily directed towards projects in disadvantaged, low-income, and rural communities.
• A comprehensive extended producer responsibility (EPR) program that holds producers financially accountable for the cost of managing their packaging and products in the waste stream, encouraging more environmentally conscious design.

While some supporters of the law believe it will significantly reduce plastic pollution and spur other states to take similar action, some environmentalists have expressed concerns about potential loopholes and vague wording that could reduce its effectiveness. Overall, California is taking significant steps to address plastic pollution through legislation and policy changes.

Plastic waste in oceans

The extent of plastic pollution in the oceans is alarming. As of 2022, it is estimated that around 8 million tons of plastic waste end up in the oceans annually, with the total stock of plastic marine debris in the worldwide ocean reaching approximately 86 million tons as of 2013. This pollution is not confined to the ocean surface, as plastic trash and particles have infiltrated most marine and terrestrial habitats, including the deep sea, Great Lakes, coral reefs, beaches, rivers, and estuaries. The presence of plastic waste in these diverse ecosystems underscores the urgency of tackling this issue.

The sources of oceanic plastic pollution are diverse, with Asia, particularly China, Indonesia, the Philippines, Thailand, and Vietnam, contributing the majority of plastic waste in the sea. These countries account for \"90 percent of all the plastic that reaches the world's oceans,\" according to the Ocean Conservancy. However, the problem is not limited to these regions, as plastic pollution is a global issue that requires international cooperation.

To combat plastic waste in oceans, a range of solutions have been proposed and implemented. At the legislative level, California has taken a leading role in the United States, passing laws such as the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) and the Recycling and Plastic Pollution Reduction Act. These laws aim to reduce single-use plastic packaging, shift responsibility for plastic waste from consumers to producers, and improve waste management and recycling practices. Other states and countries are also implementing policies to curb plastic pollution, recognizing the need for national and international efforts.

Additionally, there is a growing emphasis on reducing plastic production and consumption, with companies being encouraged to redesign their products and packaging to use less plastic or adopt more recyclable materials. Improved recycling infrastructure and capacity are also crucial, as currently, only a small fraction of plastic is recycled globally. By addressing plastic pollution at its source and improving waste management, significant progress can be made in mitigating the impact of plastic waste on our oceans.

Overall, plastic waste in oceans is a critical environmental issue that requires immediate attention and collaborative action from governments, industries, scientists, non-governmental organizations, and consumers. By implementing legislation, reducing plastic usage, improving recycling practices, and exploring innovative solutions, we can work towards reducing the detrimental effects of plastic pollution on marine life and ecosystems.

Plastic recycling

The plastic recycling process typically involves mechanical recycling, where plastic is melted and reformed into new items. This process can cause polymer degradation, and sorting waste by colour and polymer type can be challenging and expensive. Feedstock recycling is another method, where waste plastic is converted into its starting chemicals, which can then be used to create fresh plastic. This process has higher energy and capital costs.

The plastic industry has faced criticism for promoting recycling while knowing that it might not be economically feasible or effective on a large scale. Documents from the 1970s to the 1990s reveal that the industry lobbied for recycling to avoid regulations and ensure the continued growth of plastic demand. Despite these controversies, some companies are investing in "advanced recycling" plants to turn plastic waste into liquids and gases for new products.

In recent years, California has taken significant steps to address plastic pollution through legislation. The state has passed laws to improve transparency in recycling practices, reduce single-use plastic packaging, and shift responsibility for plastic waste from consumers to producers. The Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) is a landmark law that includes a $5 billion fund to mitigate plastic pollution, particularly in disadvantaged communities. California's efforts are expected to have a global impact and inspire other states to take similar actions.

While recycling is an important part of the solution, reduction and reuse are more favourable for long-term sustainability. Plastic makers have acknowledged that recycling alone cannot solve the solid waste problem, and economic factors play a significant role in the challenges of plastic recycling. To effectively address plastic pollution, a combination of national and international policies, along with sustainable alternatives, is necessary.

Plastic pollution legislation in the US

Plastic pollution is a pressing issue in the US, with the country producing 300 million tons of plastic waste each year. In 2020, a coalition of over 500 community and conservation organisations urged the Biden administration to pass federal legislation banning single-use plastics and limiting plastic production. While there is currently no federal law in place, several states have implemented their own plastic pollution laws.

California has been at the forefront of anti-plastic legislation in the US. In 2014, it became the first state to pass a law imposing a statewide ban on single-use plastic bags at large retail stores. Since then, California has expanded its anti-plastic efforts, passing several laws aimed at reducing plastic pollution. These include laws that stop the counting of exported waste as recycling and ban misleading claims about recycling, such as the use of chasing arrows on non-recyclable items. California has also established a $5 billion Plastic Pollution Mitigation Fund, to be paid for by the producers of single-use plastic packaging over the next 10 years, with the majority of funds going to projects in disadvantaged communities. The state has also implemented laws to reduce single-use plastic products by 25% and ensure that 65% of such products are recycled by 2032.

Other states have also taken steps to address plastic pollution. Vermont's Senate Bill 113, which came into effect in 2020, is the most comprehensive single-use plastic ban in the US. New Jersey has also passed a law banning stores and food service businesses from providing customers with single-use plastic bags and polystyrene foam food service products. Washington D.C. was the first state to enforce a tax on plastic bags in 2010, with a bill that also banned the use of disposable non-recyclable plastic carryout bags. Additionally, Malibu, Berkeley, Seattle, Charleston, and Miami Beach have banned plastic straws, and over a hundred municipalities and cities have banned expanded polystyrene.

While these state-level efforts are significant, there is a growing recognition that a unifying federal approach is needed to effectively address the plastic pollution crisis. The Break Free From Plastic Pollution Act of 2021, introduced in Congress, represents an opportunity for the federal government to take action. The act aims to reduce throwaway plastics, enact producer responsibility, combat false solutions such as incineration, and pause new or expanded plastic production. With public concern over plastic pollution increasing, it is likely that plastic pollution legislation will continue to evolve and gain traction in the US.

Plastic pollution's impact on disadvantaged communities

Plastic pollution has a disproportionately negative impact on disadvantaged communities. Firstly, the production and disposal of plastic often occur in low-income and vulnerable communities, polluting the air, water, and soil in these areas. Decision-makers, who typically reside in high-income regions, avoid locating waste treatment centres and landfills near their own communities, instead opting for disadvantaged areas. This results in these communities bearing the brunt of pollution from landfill leakage, poor filtration systems, and emissions.

Secondly, disadvantaged communities are more likely to purchase smaller portions of products like food and shampoo, which are often packaged in single-use plastic. Sachets, in particular, contribute to plastic pollution in these communities. The overuse of single-use plastics, combined with inadequate waste management systems, leaves marginalized communities overwhelmed with non-recyclable plastic waste.

Additionally, plastic pollution affects the health and livelihoods of disadvantaged communities. Plastic clogs rivers and waterways, leading to flooding and an increased risk of harmful disease outbreaks. Research indicates that the incidence of diarrhoeal disease is twice as high among individuals living amid mismanaged waste. Flooding caused by plastic obstruction in waterways also endangers homes and businesses, with low-income communities residing on riverbanks or in densely populated urban areas suffering the most.

Furthermore, plastic pollution poses hazards to farm animals and fish, impacting the livelihoods of those who depend on livestock and fishing for their income. Studies reveal that a significant proportion of cattle and goats in low- and middle-income countries have ingested substantial amounts of plastic, mistaking it for food. Plastic pollution also inhibits crop growth by disrupting water and air flow in the soil.

The cycle of plastic pollution perpetuates poverty in disadvantaged communities. The lack of access to solid waste management systems in low- and middle-income countries forces individuals to dump or burn their rubbish in open areas, waterways, or their own backyards. This further exacerbates environmental degradation and contributes to the climate emergency.

While California has implemented laws to address plastic pollution, such as the Plastic Pollution Prevention and Packaging Producer Responsibility Act, the effectiveness of these measures remains a subject of debate among environmentalists.

Frequently asked questions