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December 15, 2022

New Plastics Bill Introduced in Congress

A new bill to further regulate the plastics industry and increase reuse and refill was introduced in Congress by Senator Cory Booker (D-NJ) and Representative Jared Huffman (D-CA). The Protecting Communities From Plastics Act would put in place a temporary pause on permitting of new and expanded plastic production and chemical recycling facilities, while also prohibiting export of certain products. SWANA does not expect this bill to be acted on in this Congress. We believe it is a “marker” that will be re-introduced in the 118th Congress, which will convene in January 2023.

These restrictions explicitly exempt MRF operators, mechanical recyclers, and composters, though not chemical or “advanced” recycling. The bill would prohibit EPA from including chemical recycling in its National Recycling Strategy.

The bill also adds new permitting requirements for plastic production and chemical recycling facilities, including several environmental justice obligations. The focus is on informing and involving the fenceline communities near facilities and providing them with detailed emissions and monitoring data. State agencies would be required to establish a position responsible for assisting fenceline communities in engaging with the permitting process when facilities are built or expanded.

In addition to addressing the production of new, single-use plastics, the legislation also incentivizes reuse and refill projects. This includes federal reuse and refill targets of not less than 30 percent by 2032 and a grant program for reuse and refills projects that would be available to states, local, and tribal governments, educational institutions, nonprofits, public-private partnerships, and for-profit restaurants, businesses, and other organizations.

On December 15, the U.S. Senate Committee on Environment and Public Works will hold a hearing, Examining the Impact of Plastic Use and Identifying Solutions for Reducing Plastic Waste, during which it is likely that this bill will be discussed. SWANA will continue to monitor and evaluate the legislation.

EPA Recycling Grant Applications Due January 16

A reminder that applications for Solid Waste Infrastructure for Recycling (SWIFR) and Recycling Education and Outreach (REO) Grant Programs are due by January 16, 2023. The US Environmental Protection Agency (EPA) continues to host webinars for potential applicants. To learn more about the grant programs and process here.

The SWIFR grants are divided into three different funding opportunities—states and territories, political subdivisions, and tribal—each with different requirements. Note that states and territories applying for SWIFR grants must submit a Notice of Intent to Participate by December 15. REO grants are also available to nonprofit organizations and public-private partnerships in addition to government agencies. Learn more about the grant programs and how to apply here.

Several SWANA members have suggested to staff that the January 16 deadline be postponed by at least one month. SWANA has communicated this to EPA and at WASTECON, Nena Shaw, Acting Director of EPA’s Resource Conservation and Sustainability Division, stated this request was being reviewed. If there is any change to the deadline, SWANA will communicate it to members quickly.

UN Begins Negotiations of Global Plastics Treaty

The first meeting of the United Nations’ Intergovernmental Negotiating Committee (INC) for a Global Plastics Treaty ended on December 2 in Uruguay. It is one of five meetings that will occur over the next two years to develop an international agreement addressing plastic pollution.

Discussions center on whether the final treaty should set world-wide goals to restrict and reduce plastic production or if the goals should be set at the country-level and have voluntary components. The latter is the model used for the Paris Agreement on climate change.

SWANA has participated in several stakeholder sessions held by the US State Department on the Global Plastics Treaty and will continue to engage as it develops over the next several years.

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