Plastic Pollution Act: What's Next?

The Break Free From Plastic Pollution Act is a proposed legislation aimed at addressing the plastic pollution crisis. The Act builds upon existing state laws and earlier versions of the bill, incorporating the Protecting Communities from Plastics Act. It seeks to reduce single-use plastic and packaging, improve recycling systems, and shift the financial burden of waste management from municipalities to the producers of plastic pollution. If passed, the Act would require producers to design, manage, and finance waste and recycling programs, ban certain single-use plastic products, and close waste export loopholes. While the Act has been endorsed by numerous groups and reintroduced in Congress in 2023, some argue that it may stall efforts to address plastic waste and negatively impact economic growth.

The Act aims to reduce single-use plastics and packaging

The Break Free From Plastic Pollution Act of 2023 is a proposed legislation that aims to address the plastic pollution crisis in the United States. While previous versions of the bill were introduced in 2020 and 2021, they failed to advance. The Act builds upon state laws and successful plastic pollution reduction policies implemented globally.

The Act's primary goal is to reduce single-use plastics and packaging by banning certain non-recyclable products. It would require all single-use beverage containers and packaging to be reusable or recyclable. This includes mandating that producers of packaging, containers, and food-service products design, manage, and finance waste and recycling programs. A nationwide deposit-return system and beverage container refund program would be established to improve recycling rates.

The Act also addresses the health and environmental impacts of plastic production, particularly on frontline and fenceline communities. It incorporates the Protecting Communities from Plastics Act, which includes a permitting moratorium for plastic facilities and sets new clean air and water requirements. The Act closes waste export loopholes and ensures minimum standards for bags considered "reusable."

Additionally, the Act incentivizes reuse through pilot programs and grants for reuse and refill projects. It also addresses microfiber pollution by mandating filters on washing machines and requiring studies on upstream microfiber pollution prevention and derelict fishing gear. By shifting the financial burden of waste management to plastic producers, the Act aims to save local and municipal governments billions of dollars annually.

It will shift the financial burden of waste management from taxpayers to plastic producers

The Break Free From Plastic Pollution Act of 2023 is a proposed legislation that aims to address the plastic pollution crisis in the United States. The Act builds upon previous versions of the bill and state laws that have been passed across the country to tackle plastic pollution. It is endorsed by nearly 100 groups and has been reintroduced in Congress by Sen. Jeff Merkley (OR) and Rep. Jared Huffman (CA).

One of the key components of the Act is its focus on shifting the financial burden of waste management from taxpayers to plastic producers. This means that the producers of packaging, containers, and food-service products will be required to design, manage, and finance waste and recycling programs. This shift in financial responsibility is expected to save local and municipal governments billions of dollars per year.

Currently, the financial burden of waste management falls largely on taxpayers, with Americans generating over 35 million tons of plastic waste annually. The U.S. is the world's biggest producer of plastic and continues to export 225 shipping containers of plastic waste daily to countries with limited or non-existent waste management systems. This has led to a plastic pollution crisis that is damaging ecosystems and endangering public health.

By shifting the financial burden to plastic producers, the Act aims to hold them accountable for the environmental impact of their products. This includes the toxic chemicals in plastic packaging and products that cause irreparable damage to the environment, wildlife, and human health. Additionally, the Act would launch a nationwide beverage container refund program to encourage recycling and ban certain single-use plastic products that are not recyclable.

However, there are concerns that the Act may not be the best solution to America's plastic waste problem. Critics argue that it could stall efforts to address plastic waste and limit the role of plastic in reducing greenhouse gas emissions. Nonetheless, the Act represents a significant step towards reducing plastic pollution and reforming the recycling system in the United States.

The Act will ban waste exports to countries that re-export to developing nations

The Break Free From Plastic Pollution Act of 2023 is a proposed legislation that aims to address the plastic pollution crisis in the United States. While the bill has been reintroduced in Congress, it has not yet become law. One of the key provisions of the Act is to ban waste exports to countries that re-export to developing nations.

The United States is currently exporting around 225 shipping containers of plastic waste daily to countries with limited or non-existent waste management systems. This practice has severe environmental and health impacts, particularly on frontline and fenceline communities, as well as communities of color, low-income communities, and Indigenous communities. The exported plastic pollutes the air, water, and soil, causing irreparable damage to the environment, wildlife, and human health.

By banning waste exports to countries that re-export to developing nations, the Act aims to close waste export loopholes and hold the producers of plastic pollution accountable. This measure is particularly important given that the United States is the world's biggest producer of plastic. By shifting the financial burden of waste management from municipalities and taxpayers to the producers of plastic, the Act will help address the plastic pollution crisis and protect impacted communities.

The Break Free From Plastic Pollution Act builds upon state laws and successful plastic pollution reduction policies implemented across the globe. It expands upon earlier versions of the bill, incorporating the Protecting Communities from Plastics Act, which includes a permitting moratorium for plastic facilities and sets new standards for air and water quality at these facilities. The Act also includes measures to reduce single-use plastic, finance recycling infrastructure, prohibit the dumping of plastic pellets in waterways, and incentivize greater reuse through pilot programs.

Overall, the Act represents a comprehensive solution to the growing environmental problem of plastic pollution, aiming to protect both the planet and public health.

It will establish a temporary pause on new and expanded plastic production facilities

The Break Free From Plastic Pollution Act of 2023 is a proposed legislation aimed at addressing the plastic pollution crisis in the United States. It is endorsed by nearly 100 groups and has been reintroduced in Congress by Senator Merkley and Representative Huffman. The act seeks to establish a temporary pause on permitting new and expanded plastic production facilities. This temporary moratorium on new permits for plastic facilities is intended to be in place while the Environmental Protection Agency (EPA) creates and updates regulations to protect communities from the direct and cumulative impacts of plastic production on public health.

The inclusion of this temporary pause in the Break Free From Plastic Pollution Act recognizes the need to address the root causes of plastic pollution. By halting the expansion of plastic production, the act aims to reduce the environmental and health impacts of plastic at their source. This proactive approach is a significant shift from solely focusing on waste management and recycling solutions.

During this temporary pause, the EPA will have the opportunity to develop comprehensive regulations that safeguard communities, particularly those that are disproportionately affected by plastic pollution, such as communities of color, low-income communities, and Indigenous communities. These regulations will aim to minimize the pollution of air, water, and soil caused by toxic chemicals in plastic packaging and products.

Additionally, the temporary pause allows for a reassessment of the social and economic impacts of plastic production. It provides an opportunity to explore alternative solutions and a transition towards more sustainable practices. This pause aligns with the act's broader goal of reducing throwaway plastics and shifting the financial burden of waste management from local communities and taxpayers to the producers of plastic pollution.

While the temporary pause on new and expanded plastic production facilities is a key component of the Break Free From Plastic Pollution Act, it is important to note that the act also includes various other provisions. These provisions work together to address plastic pollution through a multifaceted approach, including reducing single-use plastics, improving recycling programs, and holding producers accountable for the entire lifecycle of their products.

The Act will require a study on derelict fishing gear and outline actions to be taken by the Under Secretary of Commerce for Oceans and Atmosphere

The Break Free from Plastic Pollution Act of 2023 was reintroduced in Congress by Senator Jeff Merkley (OR) and Representative Jared Huffman (CA). The Act aims to address the growing problem of plastic pollution, which is damaging ecosystems and endangering public health. While the Act primarily focuses on reducing single-use plastics and improving recycling systems, it also includes provisions related to derelict fishing gear.

Derelict fishing gear, also known as abandoned, lost, or discarded fishing gear (ALDFG), has detrimental effects on marine life and habitats. It can entangle and kill marine animals, damage sensitive seafloor habitats, and interfere with vessels. As such, the Act will require a study on derelict fishing gear to better understand the issue and outline actions to mitigate its impacts.

The Save Our Seas 2.0 Act of 2020 directed the Under Secretary of Commerce for Oceans and Atmosphere to provide a Report to Congress on the sources and impacts of derelict fishing gear. The Under Secretary of Commerce for Oceans and Atmosphere is responsible for the protection and management of the nation's water resources, including oceans and marine life. The Report will summarize the major sources of derelict fishing gear, its impacts, current remedial actions, and recommended measures to address the issue.

The study will likely involve data collection and analysis to determine the scale of fishing gear losses by domestic and foreign fisheries, how lost fishing gear is transported by ocean currents, and the common reasons for gear loss. Additionally, the study will evaluate the ecological, human health, and maritime safety impacts of derelict fishing gear and recommend management measures to prevent gear losses and reduce their impacts.

The actions to be taken by the Under Secretary of Commerce for Oceans and Atmosphere will likely include implementing and overseeing programs to address derelict fishing gear. This may involve collaborating with other agencies and organizations, such as the National Oceanic and Atmospheric Administration (NOAA) and its Marine Debris Program, which focuses on removing and preventing derelict fishing gear from entering the ocean and Great Lakes. The Under Secretary may also work with international initiatives, such as the Global Ghost Gear Initiative, to foster stronger collaboration and reduce derelict fishing gear on a global scale.

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