Regulating Plastic Use: Who Controls The Amount?

Plastic is a relatively new invention, with the first examples dating back to the late 1800s. Its low production cost and versatility have made it one of the most widely used materials in the world. However, plastic production contributes to climate change and pollutes the environment. While there are currently no policies or regulations that directly target the primary production of plastics, there are global efforts to regulate plastic use and reduce its negative impact on the environment. The Global Plastic Laws Database, for instance, is a resource that tracks policies and legislation related to plastic production, waste management, and recycling. Various organizations and governments are taking initiatives to address the issue of plastic pollution, such as the UN Plastics Treaty, the EU's Zero Pollution Action Plan, and the BBC's Blue Planet series. These efforts aim to reduce plastic consumption, improve recycling rates, and mitigate the environmental and health hazards associated with plastic production and disposal.

Plastic manufacturers must comply with the EPA's standards to ensure their products are environmentally friendly

Plastic is a versatile and low-cost material that has become one of the most widely used materials in modern times. However, its prevalence has led to significant environmental concerns, with plastic pollution contributing to climate change and the pollution of our oceans. To address these issues, regulatory bodies worldwide, including the Environmental Protection Agency (EPA) in the United States, have implemented standards and guidelines to ensure that plastic manufacturers produce environmentally friendly products.

In the United States, the EPA has established several measures to regulate the plastic industry and reduce its environmental impact. One key regulation is the Plastics Molding and Forming Effluent Guidelines and Standards (40 CFR Part 463), which was promulgated in 1984. This regulation covers direct dischargers, or point sources that release pollutants into the waters of the United States, such as streams, lakes, or oceans. The EPA also measures the generation, recycling, composting, combustion with energy recovery, and landfilling of plastic materials in municipal solid waste (MSW). In 2018, the recycling rate for specific types of plastic containers was more significant, with a 29.1% recycling rate for PET bottles and jars and a 29.3% rate for HDPE natural bottles.

Additionally, the EPA has set National Emissions Standards for Hazardous Air Pollutants (NESHAP) for reinforced plastic composites production facilities. These standards regulate the production and ancillary processes used in manufacturing products with thermoset resins and gel coats, as these facilities emit hazardous air pollutants (HAP) that can have adverse health effects. The EPA also provides compliance assistance and resources for emissions monitoring, calculations, and control technology to help plastic manufacturers understand and meet the required standards.

To ensure their products are environmentally friendly, plastic manufacturers must also comply with other regulations, such as the EU Plastics Regulation in Europe. This comprehensive set of regulations governs the production, sale, and use of plastic materials, products, and components, including requirements for safety, labeling, and traceability, as well as restrictions on certain plastic products. The European REACH Regulation also applies to plastic manufacturers, requiring them to assess the risks posed by their products to human health and the environment and take necessary measures.

By adhering to these standards and regulations, plastic manufacturers can play a crucial role in reducing the environmental impact of plastic production and protecting workers, consumers, and the public from potential hazards associated with plastic use and disposal.

The US federal government regulates plastic manufacturers to protect workers, the environment, and the public

Plastic products and materials in the United States are subject to various federal regulations aimed at protecting workers, the public, and the environment. These regulations cover areas such as substance restrictions, labelling, certification, and lab testing requirements. While the specific requirements vary depending on factors such as product type, age group, and usage, the overall goal is to ensure the safe use and disposal of plastic products.

One key piece of legislation is the Toxic Substances Control Act (TSCA), which regulates the manufacture and sale of certain toxic chemicals, including those found in plastic products. The TSCA aims to protect the public from potential harm by restricting substances like Persistent, Bioaccumulative, and Toxic (PBT) chemicals in consumer products. PBTs are commonly used as plasticizers or fire retardants in plastics, and their restriction helps reduce potential health and environmental risks.

Additionally, the Food and Drug Administration (FDA) regulates food-contact materials (FCM), including food-contact plastics such as packaging and kitchen utensils. The FDA sets safety requirements and restrictions on substances that may come into contact with food, ensuring that plastic products intended for food use are safe and compliant.

At the state level, several states have also taken initiatives to regulate plastic use and reduce plastic pollution. California, for example, has enacted the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which mandates plastic producers to contribute to an Extended Producer Responsibility (EPR) program. This program encourages producers to make their products more recyclable or cover the costs of recycling, with the goal of making all single-use packaging recyclable or compostable by 2032.

While the US federal government has taken steps to address plastic pollution, some critics argue that the country lags behind other nations in implementing comprehensive plastic pollution legislation. The absence of an overarching federal directive has led to a fragmented approach, with individual cities, counties, and states taking the lead in regulating plastics. However, with growing public awareness and advocacy, there is a push for more cohesive and effective federal regulations to tackle the urgent issue of plastic pollution.

California's SB 54 requires all packaging in the state to be recyclable or compostable by 2032

Plastic pollution is a pressing issue, with the US falling behind other countries in terms of legislation to address it. While some federal bills have been proposed, the US approach to tackling plastics has largely been fractured, leaving it up to individual states, counties, and cities to decide how to regulate plastics.

California has been at the forefront of this movement, with the enactment of the Plastic Pollution Prevention and Packaging Producer Responsibility Act, or SB 54, in 2022. This law sets ambitious goals to reduce plastic packaging waste and requires all forms of single-use packaging, including paper and metals, to be recyclable or compostable by 2032. This mandate gives manufacturers and retailers a clear deadline to transition to more sustainable packaging practices.

The law also includes interim targets to ensure progress is made towards the 2032 goal. For example, by 2028, 30% of plastic packaging must be recyclable or compostable, gradually increasing to 65% by 2030. To support the implementation of these targets, a producer responsibility organization (PRO) has been established. This organization is responsible for developing plans and systems to meet the recycling goals.

The impact of SB 54 is expected to be significant, with potential supply chain ripple effects on plastic and petrochemical manufacturers. The law pushes businesses to reassess their supply chains and product designs, encouraging innovation in sustainable packaging solutions. Additionally, it shifts the responsibility for managing products after their useful life to producers, promoting the design and marketing of products that are easily reused or recycled.

California's proactive approach to regulating plastics through SB 54 demonstrates a commitment to addressing plastic pollution and its environmental impacts. By mandating recyclable or compostable packaging by 2032, the state is taking a transformative step towards a more sustainable future.

The EU Plastics Regulation is a set of rules governing the production, sale, and use of plastic

Plastic pollution is a pressing issue, with plastic chemicals being more numerous and less regulated than previously thought. The US, for instance, has been criticised for its fractured approach to tackling plastics, with the federal government leaving it up to individual cities, counties, and states to decide whether and how to regulate plastics.

In contrast, the EU has taken a more comprehensive and directive approach to regulating plastics. The EU Plastics Regulation is a set of rules governing the production, sale, and use of plastic, with a particular focus on single-use plastic products. The EU has implemented measures to reduce the use of certain single-use plastic products, such as plates, cutlery, straws, and balloon sticks, and is promoting sustainable alternatives. These rules aim to prevent and reduce the impact of plastic products on the environment, specifically the marine environment, and on human health. The EU aims to reduce the volume and impact of plastic products through various strategies, including reducing consumption, introducing design and labelling requirements, and implementing waste management and clean-up obligations for producers.

The EU's approach to tackling single-use plastics involves different measures for different products. For example, the EU has banned single-use plastic plates, cutlery, straws, balloon sticks, and cotton buds from being placed on the market in EU Member States. This ban also includes cups, food and beverage containers made of expanded polystyrene, and all products made of oxo-degradable plastic. These products are typically used once or for a short period before being discarded, contributing to the vast amount of plastic waste.

The EU's directive on single-use plastics is part of a broader plan to enhance the sustainability of packaging across the EU. The proposed legislation aims to ensure that all packaging in the EU is recyclable by 2030, with a 15% reduction in the overall amount of packaging used by 2040. This initiative addresses the growing concern of packaging waste in the EU, which has seen a near doubling of plastic packaging waste per person between 2011 and 2021.

The EU's efforts to regulate plastics extend beyond just single-use items. The EU is also tackling the issue of microplastics, with a directive that targets the release of microplastics from products such as cosmetics, detergents, and paints. This directive aims to reduce the environmental impact of microplastics, which are tiny plastic particles that can be harmful to marine life and the ecosystem.

The US lags behind other countries in plastic pollution legislation

The US is one of the world's biggest contributors to the plastic crisis, yet it has failed to pass any meaningful federal regulation on plastic pollution. While there are some plastic safety standards in place, the US lags behind other countries in terms of legislation to reduce plastic pollution.

In the US, there are no federal regulations restricting single-use plastic. In fact, a third of the country has laws preventing plastic bans. However, several states and cities have regulations or acts that restrict or ban single-use plastic products, such as plastic shopping bags, grocery bags, and straws. For example, in 2010, Washington DC was the first to enforce a tax on plastic bags. In 2014, California became the first state to pass legislation imposing a statewide ban on single-use plastic bags at large retail stores. Vermont's Senate Bill 113, passed in 2019, is the most comprehensive single-use plastic ban in the US.

In the absence of federal regulation, some states have explored possible legislation against plastics. In 1971, Oregon passed the first "bottle bill", which mandated small deposits on drink containers that customers could get back if they recycled. By 1986, 10 states had enacted similar laws, and this number has not increased since. More recently, in 2022, California, Colorado, Maine, and Oregon enacted laws that set single-use reduction targets and required producers of single-use packaging to create and finance statewide recycling programs.

Despite some progress at the state level, the US still lags behind other countries in addressing plastic pollution. More than 90 countries have established (or plan to establish) bans or fees on single-use plastic bags or other products, according to the non-profit ocean conservation organization Oceana. The European Union, for example, has passed a comprehensive directive that requires member countries to ban several single-use plastic products, collect plastic bottles for recycling and reuse, and appropriately label disposable plastic products. Canada has also implemented a federal ban on various plastic items, and dozens of countries across Africa, Asia, and Central and South America have legislation in place to combat the single-use plastic crisis.

To address the issue of plastic pollution in the US, a new federal bill, the Break Free From Plastic Pollution Act, was introduced in 2020 and reintroduced in 2021. This bill seeks to comprehensively address plastic production, consumption, and waste management in the country by banning single-use plastic bags, including a bottle bill, and channeling investments into recycling and composting infrastructure. While this bill has yet to pass, it offers a potential solution to the plastic pollution problem in the US and could transform the country into a much-needed ally in the global movement against plastics.

Frequently asked questions