Brian Barton
Plastic pollution is a pressing global issue that requires coordinated action at the national, regional, and international levels. While there is no international agreement that primarily focuses on combating plastic pollution, various countries have implemented laws and policies to address this crisis. For instance, the Break Free From Plastic Pollution Act, first introduced in 2021 and again in 2023, aims to reduce single-use plastic products and improve producer responsibility in the US. Additionally, individual states like California and Vermont have enacted laws banning single-use plastic bags. Globally, the United Nations Environment Assembly (UNEA) has taken steps towards negotiating a global plastics treaty by 2024. These initiatives reflect a growing recognition of the need for comprehensive and multilateral action to tackle plastic pollution.
| Characteristics | Values |
|---|---|
| Federal laws | No federal laws restricting single-use plastics |
| State laws | California, Vermont, and New Jersey have implemented anti-plastic laws |
| Local laws | Some cities in the United States have banned single-use plastic products |
| International laws | United Nations Member States adopted a mandate to negotiate a global plastics treaty by the end of 2024 |
| US Bills | Break Free From Plastic Pollution Act of 2021 and 2023 |
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What You'll Learn
The Break Free From Plastic Pollution Act of 2021/2023
One of the key provisions of the act is the temporary moratorium on new or expanded permits for plastic-manufacturing facilities until pollution-addressing regulations are updated. The Environmental Protection Agency (EPA) is tasked with publishing guidelines for a national standardized labelling system for recycling and composting receptacles. Producers are required to clearly label their products, indicating whether they are recyclable, compostable, or reusable. The EPA is also responsible for ensuring that certain clothes washers are equipped with filtration units.
The act establishes limitations on the export of plastic waste to other countries and sets minimum percentages for product reuse, recycling, or composting. It also includes provisions to encourage the reduction of single-use items, such as refund programs for returning beverage containers. Additionally, the bill phases out various single-use products, like plastic utensils, starting on January 1, 2023.
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The Solid Waste Disposal Act
Firstly, it emphasised the importance of local responsibility in solid waste management. This meant that individual communities and municipalities were tasked with the proper disposal of their waste, which included both municipal and industrial waste streams.
Secondly, the SWDA promoted the development and adoption of improved waste management technology. This included encouraging the advancement of recycling technologies and the establishment of waste management standards to ensure more efficient and environmentally sound practices.
In 1970, the SWDA was amended by the Resource Recovery Act (RRA), which increased government involvement in waste management. The RRA introduced criteria for the disposal of hazardous waste, further emphasising the importance of reducing waste generation and promoting recycling. However, by 1976, Congress recognised that the SWDA lacked sufficient standard-setting and enforcement mechanisms, leading to the creation of additional amendments.
One significant amendment to the SWDA is the Resource Conservation and Recovery Act (RCRA), passed in 1976. The RCRA is considered the primary law governing the disposal of solid and hazardous waste in the United States. It established three key programs: the solid waste program, the hazardous waste program, and the underground storage tank program. The solid waste program, under RCRA Subtitle D, encourages states to develop comprehensive plans for managing industrial and municipal solid waste. It also sets criteria for solid waste landfills and other disposal facilities. The hazardous waste program, under RCRA Subtitle C, establishes a "cradle-to-grave" system for controlling hazardous waste from the moment it is generated to its ultimate disposal. This program ensures that waste creators ("generators") and all parties involved in handling or processing the waste are held responsible and liable. The underground storage tank (UST) program, under RCRA Subtitle I, regulates underground storage tanks containing hazardous substances and petroleum products.
In addition to federal legislation, individual states and cities within the United States have also taken initiatives to combat plastic pollution. For example, California enacted Senate Bill 270 in 2014, becoming the first state to ban single-use plastic bags at large retail stores. Vermont's Senate Bill 113, passed in 2019, is another comprehensive single-use plastic ban. Furthermore, the Break Free From Plastic Pollution Act of 2021 (BFFPPA) is a federal bill that aims to address the plastic pollution crisis by reducing the production and use of certain single-use plastic products and promoting increased responsibility in the design, collection, reuse, recycling, and disposal of consumer products.
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The Presidential Plastics Action Plan
- A moratorium on new plastic production facilities: This includes restrictions on permits for new or expanded plastic production facilities, particularly those connected to fracking sites, which are often located in low-income communities of color.
- Curbing single-use plastics through federal purchasing power: The federal government is the single largest purchaser of goods and services in the country. By purchasing less plastic, the Biden administration can play a direct role in decreasing plastic pollution.
- Tightening regulation of the petrochemical industry: This includes ending fossil fuel subsidies and addressing the plastic industry's aggressive expansion of facilities using the country's oversupply of fracked gas to produce throwaway plastic.
- Protecting environmental justice communities from pollution: Plastic production disproportionately affects communities of color, low-income communities, and Indigenous communities by polluting the air, water, and soil.
- Appointing a Plastic Pollution Czar: This individual would coordinate plastic reduction efforts across federal agencies and internationally.
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California's Senate Bill 270
In 2014, California enacted Senate Bill 270, making it the first state to pass legislation imposing a statewide ban on single-use plastic bags at large retail stores. The bill declared that it would occupy the whole field of regulation of reusable grocery bags, single-use carryout bags, and recycled paper bags provided by a store. It also prohibited local public agencies from enforcing or implementing rules relating to those bags against a store.
The bill built on the California Integrated Waste Management Act of 1989, which created the Recycling Market Development Revolving Loan Subaccount. This bill appropriated $2,000,000 from this subaccount to provide loans for the creation and retention of jobs and economic activity in California for the manufacture and recycling of plastic reusable grocery bags that use recycled content.
The bill also allowed stores to distribute compostable bags at the point of sale, but only in jurisdictions that met specified requirements and at a cost of no less than $0.10. This came into effect on July 1, 2015, along with the ban on single-use carryout bags, with specified exceptions.
Since 2014, California has expanded and improved its anti-plastic legislation. On June 16, 2022, a bill proposal was published that would reduce single-use plastic products by 25%. This bill would ensure that 65% of single-use products are recycled by 2032, an increase from the current level of about 10%. It would also transform how companies package and ship their products, eliminating plastic pollution at the production level.
While California has made significant strides in addressing plastic pollution, it is important to note that as of 2024, there are still no federal regulations in the US restricting single-use plastic. In fact, a third of the country has laws preventing plastic bans, highlighting the need for continued advocacy and legislative action to address this issue on a broader scale.
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Vermont's Senate Bill 113
The bill addresses the three main sources of single-use plastic pollution: bags, straws, and expanded polystyrene. Specifically, it bans single-use plastic carryout bags in stores and food establishments, allowing only single-use paper bags to be provided at a small charge. This measure encourages customers to bring their own reusable bags, reducing plastic waste. Additionally, the bill makes plastic straws and drink stirrers available only upon customer request, with certain medical facilities exempt from this restriction.
The legislation also prohibits the sale and distribution of expanded polystyrene (EPS) food service products, such as containers and packaging. However, it does not restrict the use of EPS for food storage or packaging if the product is distributed out of state. This aspect of the bill targets the widespread pollution caused by EPS products, which are often challenging to recycle and have a significant environmental impact.
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Frequently asked questions
The Break Free From Plastic Pollution Act of 2021 (BFFPPA) is a federal bill that outlines practical plastic reduction strategies to realize a healthier, more sustainable, and equitable future. It is sponsored by Sen. Jeff Merkley (OR) and Rep. Alan Lowenthal (CA).
The bill aims to reduce the production and use of certain single-use plastic products and packaging, improve the responsibility of producers in the design, collection, reuse, recycling, and disposal of their consumer products, and prevent pollution from consumer products and packaging from entering into animal and human food chains and waterways.
The bill was introduced in 2021 but it is unclear whether it has been passed into law.
