The federal Environmental Protection Agency (EPA) has proposed an expansive nationwide strategy with the goal of substantially increasing the amount of paper, plastic and metal that is recycled, and is seeking public comment on how it should take final shape.
The EPA’s draft National Recycling Strategy sets out three major objectives: reducing contamination in the recycling stream; increasing efficiency at recycling facilities; and improving markets for recycled feedstock, which is needed to create a stronger, more resilient U.S. municipal solid waste recycling system.
“Over the last two years, we’ve heard from our partners about the challenges facing our nation’s recycling system, and in particular for municipal solid waste recycling” said EPA Administrator Andrew R. Wheeler when introducing the strategy. “Our strategy aims to move recycling in America forward by identifying actions that all of us—governments, non-profits, private industry and the public—can take together.”
In a statement Wheeler issued on Nov. 15 to mark America Recycles Day, he said, “Recycling is a critical component of the U.S. economy, supplying about 700,000 jobs and $37 billion in wages.” He added that the system is being stressed by “confusion about what materials can be recycled; recycling infrastructure that has not kept pace with today’s diverse and changing waste stream; reduced markets for recycled materials; and varying methodologies to measure recycling system performance.”
In the presidential proclamation issued to commemorate America Recycles Day, President Trump pointed out that about 68 million tons of municipal solid waste are recycled annually, representing a steady increase over the last 50 years. Contributing to this recycling effort, in 2018, the federal government diverted more than 50% of waste from its operations to recycling and recovery, rather than to landfills, he added.
“Reducing waste protects our natural resources, supports manufacturing and preserves the extraordinary beauty of our country—and it can provide remarkable economic opportunities for our citizens,” Trump declared. “The United States continues to be a world leader in commerce while also setting the global standard in reducing waste.”
Wheeler also hosted the EPA’s second annual America Recycles Summit held two days later, where he used the occasion to announce the administration’s National Recycling Goals, which also are embodied in the strategy.
In his remarks, he described how the draft strategy identifies actions designed to address challenges to recycling:
Reduce contamination in the recycling string. Wheeler explained that the goal is to make sure that clean recyclable materials can be processed and made into new products. “The idea is to go back to the basics, recycle empty and dry cans, paper and clean cardboard, and keep food and liquids out of the recycling bins. No plastic bags or wraps should be in recycling bins; they should instead have separate recycling bins at participating grocery and retail stores.”
Increase processing efficiency. This will be achieved through improvements and update operations at Materials Recovery Facilities (MRFs) and at the collection level, Wheeler said. “We need to invest in new equipment upgrades and expand access to curbside recycling for more Americans.”
Strengthen markets for recycled materials. The intention is to help ensure manufacturers make more products using recycled materials and to take creative measures to bolster public demand for them.
“Each of these objectives covers a critical area that, if improved, would increase the performance of the entire recycling system,” Wheeler argued.
Strategic Goals
Nicole E. Bothwell, an attorney with the law firm of Squire Patton Boggs, said it should be noted that the scope of EPA’s authority to directly regulate recycling activities is unclear, although recycling has long been a component of the agency’s implementation of the Resource Conservation and Recovery Act (RCRA).
However, under the Trump administration several federal agencies have worked closely with EPA to meet these goals, and their top administrators were at the summit and used the occasion to comment favorably on EPA’s actions.
Bothwell fleshed out some of the strategy’s objectives. To reduce contamination in the recycling stream, one focus of the draft strategy involves increasing public awareness of the mechanics of recycling as well as the economic benefits of recycling. She pointed out that part of this effort includes improving the consistency of labeling on recyclable products to reduce consumer confusion about what products can be recycled.
The draft strategy also includes plans to analyze state and local policies that have already been implemented to address contamination issues. “It sets forth objectives that are ambitious but largely preliminary,” Bothwell said.
These include improving understanding of available domestic recycling infrastructure and needs, increasing awareness of available funding and incentives, and developing and implementing national recycling system definitions, measures, targets and performance indicators. When they are developed, such concrete metrics would provide needed guidance to industry in regard to the potential for regulatory burdens associated with EPA’s recycling program, she stressed.
To improve domestic markets for recyclable materials and recyclable products, the draft strategy proposes conducting market development workshops among stakeholders on actions that can be taken to strengthen markets for recycled materials at both the regional and local levels. It also aims to increase manufacturing use of recycled material feedstock and to increase the demand for recycled materials by identifying barriers and developing incentives and policies to address those barriers.
The draft strategy is still largely undeveloped in terms of concrete requirements intended to accomplish its broad goals, and it is possible EPA may look to policies developed by the states for guidance, Bothwell suggested. In addition to enacting laws banning plastic bags and plastic straws, states also recently have focused on efforts to increase the use of recycled material through minimum recycled content mandates applicable to manufacturers.
For example, California recently passed AB 793 to require that products such as plastic beverage containers be composed of a minimum percentage of recycled material, beginning with 15% in 2022 and increasing to 25% in 2025 and 50% in 2030. New Jersey and other states are considering similar legislation.
“While the draft strategy sets sweeping goals to grow domestic recycling capacity and improve markets for recycled materials, it offers little in the way of specific plans or future policies,” Bothwell stated. Although she doesn’t say so, that may turn out to be the reason why it could survive beyond 2020 into a Biden Administration, which is sure to make major changes to other aspects of the Trump Administration’s environmental policies.
EPA’s draft National Recycling Strategy remains open for public comment through Dec. 4, 2020, with the intention of having it finalized in early 2021. Click here to read the strategy document and provide comments.
