Legislative Update: Plastics Legislation

Congress left Washington for the 2-week spring recess after a busy work period and passing the massive COVID-19 relief bill. Both chambers have held numerous hearings and members have been reintroducing many of their legislative priorities, and plastics legislation remains a hot button issue.

Plastics Legislation

On March 26, Rep. Alan Lowenthal (D-CA) joined Jeff Merkley (D-OR), the chairman of the Senate Environment and Public Works Subcommittee to reintroduce a bicameral “Break Free From Plastics Pollution Act of 2021.” The legislation would pause plastic production, bar advanced recycling, and address environmental justice issues. The bill includes extended producer responsibility (EPR) provisions that shift the responsibility of design, collection, reuse, recycling, and disposal of consumer products, and packaging on the manufacturer for the products’ entire life cycle. The bills, H.R. 2238 and S. 984, contain many of the same measures as the 2020 version. The legislation, which over 400 environmental organizations support, currently has 86 Democratic cosponsors in the House and 9 Democratic and 1 Independent cosponsors in the Senate.

In addition to effectively stopping production of plastic resin in the United States for three years, the legislation would ban single-use plastic products, and require a national container deposit system. New provisions expand the definitions of toxic chemicals and prohibit exports to certain countries.  Also included are measures to address plastic pellet and microplastics. Somewhat illogically, the reintroduced bill is more aggressive on recycled content standards (at the same time banning new recycling technologies) and would require plastics manufacturers to increase the post-consumer recycled content of beverage containers to 25% by 2025 and to achieve 80% by 2040.

Both Merkley and Lowenthal signaled they believe the legislation has a greater chance of passage than it did in the last Congress. But industry has pushed back against the bill and some of its elements that have also been incorporated in the House Energy & Commerce Committee’s Climate Leadership and Environmental Action for our Nation’s (CLEAN) Future Act.

As reported earlier this month, the Vinyl Institute has several concerns with the consequences these bills’ provisions would have on the vinyl industry, businesses, and U.S. jobs throughout the supply chain that depend on the plastics industry to provide consumer goods. These measures single out one material rather than looking toward the innovative advances in plastics recycling that benefit the environment and provide new and sustainable recycling management options for plastic waste.

The VI and other industry leaders continue to educate the public and Members of Congress on how several of these provisions would be detrimental to the environment and contradict the recycling, energy efficiency, electrification, and waste management goals in the legislation by preventing the use of proven technologies. Plastics have significant and innovative roles in limiting greenhouse gases and combating climate change, from making cars lighter and capable of running on EV technology to providing resilient infrastructure materials and being a key component in solar panels. Furthermore, the bill’s provisions would disrupt critical supply chains, including the production of essential medical and personal protective equipment (PPE), and threaten manufacturing jobs. The VI remains committed to working with all the stakeholders to shape meaningful legislation that helps solve the difficult climate change, waste management, and environmental justice issues the U.S. and other countries face.

House Appropriations Subcommittee on Interior and Environment Holds Marine Plastics Hearing

On March 18, the House Appropriations Subcommittee on Interior, Environment, and Related Agencies Chairwoman Chellie Pingree (D-ME) and members of the panel examined best practices to reduce marine plastic pollution with witnesses representing a NGO, city management, and corporate affairs.  Pingree opened the hearing saying that the U.S. has the tools to address the plastic waste issue as she noted to the committee the economic importance that oceans play in many states such as Maine. She advocated moving toward a circular economy and implored that the government and the private sector must commit in “ambition and scale” to use these tools before the pollution situation outgrows the solutions that might be available.

Winnie Lau, the senior manager of The Pew Charitable Trusts’ preventing ocean plastics project, reinforced those calls as she testified that the U.S. needs to be a global leader and move toward a circular plastic system while reducing or eliminating avoidable plastic use such as single-use plastics.  Ginger Spencer, the public works director for the City of Phoenix, AZ told the committee about Phoenix’s success in recent years adopting and investing into its recycling infrastructure and moving toward a more circular economy. In her testimony, she said the city is working to meet its “Zero Waste” goal by 2050. Nicole Collier, the senior director of corporate affairs at Nestlé USA, testified about the company’s goal of 100 percent of their packaging will be reusable and recyclable by 2025. They also plan to reduce their use of virgin plastic in their packaging by one-third by the same year.

While the hearing primarily focused on circular plastic systems, Rep. Susie Lee (D-NE) inquired about using government procurement policies to accelerate the shift away from single-use plastic items. Rep. Rosa DeLauro (D-CT) pushed for more aggressive efforts to reduce the amount of disposable packaging, including substituting more sustainable materials for single-use plastics and designing products and packaging to make it easier for Americans to be able to recycle. Ranking Member David Joyce (R-OH) praised Nestle’s efforts regarding its packaging goals but was concerned how “heavy handed” federal mandates and product bans could hinder Nestle’s ability to foster a circular economy and develop innovative packaging solutions. Collier explained that the company has invested a great deal into research and development, given that plastic plays such an essential role in food packaging.  Their research and redesigning for recycling have been successful in many ways, but there are still consumer products where they don’t have alternative materials options. This often occurs because they still have to meet specific food safety codes.

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