Maya Ellison
Plastic waste is a growing global concern. With projections showing that plastic production is expected to triple over the next 40 years, the need for regulation is more important than ever. In the United States, the regulation of plastic waste varies at the federal, state, and local levels. While there is no comprehensive national policy on plastic recycling, many states and cities have taken the initiative to address this issue by implementing their own regulations and acts to restrict or ban single-use plastic products. California, for example, has been a leader in establishing policies and regulations, such as the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54), which aims to reduce plastic waste generation and increase recycling in the state. Other states like Connecticut, Delaware, Hawaii, Oregon, and others have also placed bans on single-use plastic bags. These regulations are a step in the right direction, but inconsistent standards and a lack of coordinated efforts across the nation pose challenges to their effectiveness.
| Characteristics | Values |
|---|---|
| Plastic waste management initiatives | Plastic bans and restrictions, taxes and fees on plastic products, extended producer responsibility (EPR) laws, and recycled content requirements in plastic products |
| States with plastic bag bans | Connecticut, California, Delaware, Hawaii, Oregon, and others |
| States with EPR laws | California, Colorado, Oregon, Maine, Minnesota, and others |
| States with recycled content mandates | California, New Jersey, Washington |
| States encouraging advanced recycling | 20 states, primarily red states |
| States with single-use plastic bans | California, Vermont |
| Cities with plastic straw bans | Malibu, Berkeley, Seattle, Charleston, Miami Beach, Washington D.C. |
| Cities with expanded polystyrene bans | Los Angeles, New York City, Seattle, Miami Beach, San Diego |
| Federal-level action | Environmental Protection Agency (EPA) released the "National Strategy to Prevent Plastic Pollution" |
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What You'll Learn
Bans and restrictions on single-use plastics
The US has one of the highest plastic consumption rates in the world, with 35.7 million tons of plastic generated in 2018. Less than 10% of plastic waste in the US is recycled each year, and unrestrained consumption has led to an estimated cost of $12.5 million per year for transporting plastic bags to out-of-state landfills. Single-use plastics such as straws, bottles, utensils, bags, and packaging are discarded too easily, ending up in natural spaces and oceans, where they break down into microplastics and pose a toxic threat to ecosystems, wildlife, and humans.
While there is currently no federal legislation banning single-use plastics in the US, several states, counties, and cities have implemented regulations and acts to restrict or ban their use. These include Connecticut, California, Delaware, Hawaii, Maine, New York, Oregon, and Vermont, which have all placed bans on plastic bags. San Francisco was the first city to implement a complete ban on plastic bags in 2007, and other cities such as Malibu, Berkeley, Seattle, and Charleston have banned plastic straws. More than a hundred municipalities and cities have also banned expanded polystyrene, commonly used in food containers.
California has passed sweeping legislation that encompasses both the reduction of plastics and plastics recycling. The law requires a 25% drop in single-use plastic by 2032 and a 25% reduction in expanded polystyrene by 2023. Additionally, single-use plastic products will be phased out of national parks and some public lands, covering around 480 million acres of federal land.
Some states have also introduced initiatives advocating for the recycling and reduction of single-use plastic consumption. These include Idaho, Illinois, New York, and Rhode Island. At the state and local levels, regulation involving advanced recycling is also taking shape. In the last five years, 20 states, primarily red states, have passed laws aimed at encouraging advanced recycling, which strips plastics down to their chemical form for reuse.
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Taxes and fees on plastic products
In recent years, the United States has seen a wave of single-use plastic bans and taxes at both the state and local levels. While some states have implemented outright bans on certain single-use plastic items, others have chosen to address plastic waste through taxes and fees on plastic products.
One example of a state-level regulatory regime for plastic manufacturers is the Extended Producer Responsibility (EPR) scheme. Maine and Oregon became the first states to impose EPR regimes in 2024, with the goal of reducing plastic use and generating funding for new recycling facilities. Under the EPR scheme in Maine, the state's Department of Environmental Protection will set the packaging fee schedule for producers based on the per-ton costs of collecting and processing their packaging materials. While these policies have been praised by environmental and progressive organizations, they have also been criticized for imposing a regressive tax hike that disproportionately affects low-income households.
At the national level, there have been proposals for a "Plastic Tax" or "National Plastics Tax," which would impose a fee on the sale of virgin plastic used to make single-use plastics. This tax is intended to provide a financial incentive for the market to increase the use of recycled plastics. However, critics argue that it will lead to higher prices for essential products and services, impacting American consumers and manufacturers.
Another approach to regulating plastic waste is through the classification of recycling facilities. Some states have reclassified advanced recycling facilities as manufacturing plants rather than solid waste handlers, providing economic advantages such as tax breaks and access to government bonds. This distinction aims to encourage advanced recycling methods and promote the reduction and reuse of plastic materials.
While taxes and fees on plastic products can be effective tools for reducing plastic waste and promoting recycling, it is important to consider their potential impact on consumers, manufacturers, and low-income households. Additionally, some critics argue that these measures do not create circular solutions to prevent waste from entering the environment, and that technological advancements may be more effective in addressing the complex problem of plastic pollution.
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Extended producer responsibility (EPR) laws
In the United States, EPR laws for packaging programs are gaining popularity, with a handful of states mandating EPR programs for products like paint, batteries, and mattresses. California, Colorado, Maine, and Oregon have recently enacted EPR programs for plastic waste, and at least 11 other states have introduced policies to establish their own EPR programs. Hawaii has passed a bill to assess and establish an advisory council for transitioning to a more circular system that includes an EPR program, and Massachusetts has proposed a commission to study and report on implementing EPR laws for various products.
The United States is one of the largest producers of plastic waste, with 35.7 million tons generated in 2018, and only 8.66% of municipal solid waste (MSW) plastic recycled in the same year. Plastic waste is a critical issue, as it ends up in landfills, is incinerated, or is released into the natural environment, causing pollution and harm to wildlife. EPR laws are a promising approach to waste management and reduction, shifting the cost of cleaning up plastic pollution from taxpayers to the companies that produce and use plastic.
However, there are challenges to the widespread adoption of EPR laws, including high collection costs, sorting complexity, inconsistent feedstock properties, and contamination concerns. Additionally, the United States lags behind other countries in implementing EPR for packaging programs, as it is the only country out of 34 members of the Organization for Economic Co-operation and Development (OECD) without such programs. Nevertheless, public concern over plastic pollution is growing, and states are taking action through single-use plastic bans and advanced recycling encouragement to address the issue.
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Recycled content requirements in plastic products
Plastic waste is a growing environmental concern in the United States, with an annual production of 35.7 million tons and a recycling rate of only 8.7%. To address this issue, several states have implemented regulations to increase recycled content in plastic products and packaging. As of early 2023, four states had passed laws mandating post-consumer recycled content in plastic packaging, with California and Washington already enforcing these laws.
California's legislation requires recycled content in plastic beverage containers, reusable plastic bags, and roll carts, while Washington's law applies to reusable plastic carryout bags, plastic beverage containers, and trash bags. These laws aim to reduce plastic pollution and promote circularity by encouraging the use of post-consumer resin (PCR) in packaging. PCR usage helps stabilize recycled content markets and ensures consistent demand for post-consumer recycled plastic, addressing the environmental impact of packaging.
In addition to California and Washington, Oregon and Maine have also passed Extended Producer Responsibility (EPR) laws to increase recycling rates. While specific requirements vary, EPR programs often include recycled content incentives or goals. For example, Oregon mandates PCR in roll carts, while Maine considers it discretionary. These laws level the competitive playing field by requiring all brands to incorporate PCR, reducing marketplace advantages or disadvantages.
Beyond state-level initiatives, there is a growing trend of single-use plastic bans, primarily in "blue states." As of 2023, eight states have banned single-use plastic bags, and many others are in the process of implementing similar measures. Local governments are also taking action, with cities like Malibu, Berkeley, Seattle, and Miami Beach banning plastic straws. These efforts reflect a broader movement to reduce plastic consumption and encourage advanced recycling methods.
As the push for reducing plastic waste gains momentum, it is likely that more states will follow suit in enacting recycled content requirements for plastic products and packaging. These regulations are a crucial step towards minimizing plastic pollution and fostering a more sustainable future.
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Advanced recycling
Plastic waste is a pressing issue in the United States, with less than 10% of plastic waste recycled each year. The country generates a significant amount of plastic waste, with 35.7 million tons produced in 2018, and projections indicate that plastic production will triple over the next 40 years. This has led to growing public concern over plastic pollution, with calls for federal legislation to address the issue.
The advanced recycling process is seen as a way to modernize recycling and reduce waste. It aims to keep materials out of landfills and unlock economic opportunities. However, critics argue that it fails to address the full scope of plastic pollution and may contribute to hazardous emissions. Despite this, advanced recycling has gained support at the state and local levels, with 20 states passing laws to encourage its adoption, primarily in red states.
One notable example of advanced recycling in practice is the Alterra Energy plant in Akron, Ohio, which recycles plastics into a fluid used to manufacture new plastics. While this plant is currently the largest of its kind in the United States, processing 60 tons of plastic per day, the overall impact of advanced recycling facilities is still relatively small compared to the scale of the plastic waste problem.
While advanced recycling offers a potential solution to plastic waste, it is important to recognize that it is just one part of the broader effort to address plastic pollution. Other solutions include limiting and reducing plastic consumption, banning single-use plastics, and promoting environmentally friendly alternatives.
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Frequently asked questions
States are regulating plastic waste through plastic bans and restrictions, taxes and fees on plastic products, extended producer responsibility (EPR) laws, and recycled content requirements in plastic products.
States including Connecticut, California, Delaware, Hawaii, Oregon, and a few others have placed statewide bans on single-use plastic bags. Some states have county or city-level bans or fees imposed on single-use plastic bags.
EPR laws mandate manufacturers to develop a plan to make products and processes more sustainable and recyclable, either independently or by joining a producer responsibility organization.
California, Colorado, Oregon, Maine, Minnesota, and others have introduced EPR laws to drive recycling investments by producers.
California is leading the way in establishing policies and regulations to manage plastic waste. In June 2022, California signed the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54) into law to reduce plastic waste generation and increase recycling in the state. California has also 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.
