[Senate Report 117-137]
[From the U.S. Government Publishing Office]
117th Congress } { Report
SENATE
2d Session } { 117-137
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THE RECYCLING AND COMPOSTING ACCOUNTABILITY ACT
_______
August 2, 2022.--Ordered to be printed
_______
Mr. Carper, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 3743]
The Committee on Environment and Public Works, to which was
referred the bill (S. 3743) to require the Administrator of the
Environmental Protection Agency to carry out certain activities
to improve recycling and composting programs in the United
States, and for other purposes, having considered the same,
reports favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.
GENERAL STATEMENT
In the United States, recycling programs are challenged by
a variety of issues ranging from contamination and misleading
labeling to limited infrastructure and limited end-markets for
recycled materials. With a national recycling rate of only 32
percent,\1\ there is significant room to improve our recycling
systems and better understanding them, increase circularity
within the economy, and ultimately reduce waste. At the same
time, composting of food and other organic waste has emerged as
a way to further promote sustainability and fight climate
change, though collection of recyclable products and food and
organic waste remains segmented across the country. Improving
access to recycling and composting services; collecting data
that federal, state and local governments can use to inform
policy decisions; and supporting educational resources are all
ways to improve the current state of recycling and composting
programs in the United States.
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\1\https://www.epa.gov/recyclingstrategy/america-recycles-day.
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The United States lacks an accurate estimation of recycling
and composting system performance across the country and
comprehensive and accurate data about them. Improved data
collection on the local, state, and federal levels will assist
policymakers and stakeholders in making informed decisions
regarding expanding access to recycling and composting
programs, and improve program performance. Benefits of
collecting measurement data include: improved data availability
and granularity for a range of recyclables; creating the
ability to track progress clearly and make adjustments;
allowing for the ability to compare data across different
jurisdictions; and minimizing data gaps.
In 2018, approximately 292 million tons of municipal solid
waste (MSW) was generated in the United States.\2\ Together,
32.1 percent of MSW (about 94 million tons) was mechanically
recycled or composted, preventing over 193 million metric tons
of carbon dioxide equivalent from entering the atmosphere.\3\
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\2\https://www.epa.gov/system/files/documents/2021-11/final-
national-recycling-strategy.pdf.
\3\https://www.epa.gov/system/files/documents/2021-11/final-
national-recycling-strategy.pdf.
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Recycling programs: Currently, curbside recycling systems
in the United States are capturing an estimated 11.9 million
tons, or only about 32 percent, of the 37.4 million tons of
recyclable material produced each year.\4\ Only half of
Americans have access to curbside recycling, some who have
access do not participate, and not all who participate do so
fully.\5\
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\4\https://www.epa.gov/system/files/documents/2021-11/final-
national-recycling-strategy.pdf.
\5\https://recyclingpartnership.org/wp-content/uploads/dlm_uploads/
2020/02/2020-State-of-Curbside-Recycling.pdf.
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Compost programs: Composting programs are typically
accessed through municipally run curbside programs, privately
run curbside programs, or drop-off programs. At least 27
percent of the United States population has access to some kind
of composting program that accepts either food waste only, or
food waste and some forms of compostable packaging.\6\ Over 10
million American households have access to municipally
supported food scraps collection via curbside pick-up and/or
drop-off.\7\ The United States Environmental Protection Agency
(EPA) does not currently have a national composting strategy.
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\6\https://greenblue.org/work/compostingaccess/
#: :text=In%20total%2C%20at%20least%2027,
some%20forms%20of%20compostable%20packaging.
\7\https://www.biocycle.net/residential-food-scraps-collection-
access-in-the-u-s/.
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In the United States, communities face several barriers to
improving and developing recycling and composting programs,
with the primary barrier being location. Rural communities have
different location-based recycling and composting program
challenges than urban or suburban communities, such as limited
access to curbside recycling and composting programs or
convenient drop-off programs. Another barrier to accessing
recycling and composting programs is lack of educational
resources. Determining what materials can be recycled and
composted, as well as what programs are available at the state
and local level, is often dependent on the availability of
educational resources and information for the consumer. Price
also plays a role in barring access to recycling and composting
programs. For example, some services require a fee for
participation.
In drafting this legislation, the Committee recognizes that
efforts to improve recycling are only one element in the
transition to a circular economy. Policies that support waste
reduction and material reuse should also be considered in
developing policies to achieve a sustainable future.
Objectives
The Recycling and Composting Accountability Act (RCAA) aims
to: identify the challenges facing America's recycling and
composting infrastructure; improve recycling and composting
tactics and data collection; and determine best practices to
enhance the recycling and composting of renewable materials.
SUMMARY OF THE BILL
The RCAA would require the EPA to work with states, local
governments, and Indian Tribes to prepare a report that
describes the capability of the United States to implement a
national composting strategy. This report will evaluate
existing laws that may present barriers to the implementation
of such a strategy, as well as evaluate existing composting
programs and composting infrastructure across the country.
This bill would establish a comprehensive baseline of data
for the United States recycling system, including:
1. The number of community curbside recycling, drop-off
recycling, and composting programs;
2. The types of materials accepted by each program;
3. The number of individuals with access to recycling and
composting services;
4. The number of individuals with barriers to recycling and
composting services; and
5. Contamination rates of community curbside recycling,
drop-off recycling, and composting programs;
6. The average cost to States, units of local government,
and Indian Tribes of recycling and composting programs.
In addition, the RCAA would require the EPA to prepare an
inventory of the number of materials recovery facilities (MRF)
in each unit of local government in each state, and a
description of the materials that each MRF can process. It
would also allow the Agency to collect standardized data from
states on the rate of recyclable materials that have been
successfully diverted from the waste stream and brought to a
MRF or a composting facility.
This bill directs EPA to prepare a report on the end market
sale of all recyclable materials and compostable materials
collected from households and publicly available drop off
centers in the United States. It also directs the Agency to
develop a metric for studying, and issue a report on, the
proportion of recyclable materials in commercial and municipal
waste streams that are being diverted from a circular market
through elimination or disposal.
This bill would also explore the recycling practices used
by Federal agencies by issuing a report on the total annual
recycling rates reported by all agencies, including the total
annual percentage of products containing renewable materials,
recyclable materials, or recovered materials purchased by all
agencies. It would also look at the activities of each agency
that promote recycling or composting.
The RCAA will determine, based on the results of the
studies, reports, inventory, and data collected under this
bill, voluntary guidelines that states, units of local
government, and Indian Tribes may use to enhance recycling and
composting. These voluntary guidelines will include:
1. Labeling techniques for waste, compost, and recycling
bins, with the goal of creating consistent, readily available,
and understandable labeling across jurisdictions;
2. Pamphlets or other literature readily available to
constituents;
3. Primary and secondary school educational resources on
recycling; and
4. Web and media-based campaigns.
BACKGROUND
Americans have recycled and reused materials throughout
history; however, following World War II, waste in the United
States grew immensely as massive amounts of single-use products
overburdened landfills. The transition to single-use products,
such as cans and bottles, was a revolutionary shift that lifted
the burden for consumers, many of whom were working and found
the single-use products liberating. Single-use products,
especially plastics, were and continue to be extremely useful
and convenient products. Hospitals rely on plastic products for
critical healthcare equipment, and Americans rely on single-use
water bottles for access to safe and clean water after natural
disasters, per Federal Emergency Management Agency and American
Red Cross guidelines.\8\
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\8\https://www.fema.gov/pdf/library/f&web.pdf.
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However, single-use products have placed an enormous burden
on the environment and our landfills. In the 1960s and '70s,
modern curbside recycling was born in an effort to bring
convenience to consumers and help resolve the waste issue.
Unfortunately, recycling is challenged to this day by a variety
of issues ranging from contamination and misleading labeling to
limited infrastructure and no viable end-markets for many of
the materials marketed as recyclable. One of the greatest
impacts is that municipalities across the country are having to
decide between paying higher recycling fees and throwing their
recycling into a landfill because there is no longer a market
for recycled materials.\9\
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\9\https://www.theatlantic.com/technology/archive/2019/03/china-
has-stopped-accepting-our-trash/584131/
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The limitations of America's recycling system, combined
with decreased demand in the global waste market, and the
failures of our current approaches to waste management have
driven increased interest in the circular economy concept as an
alternative.
SECTION-BY-SECTION
Sec. 1. Short title
This Act may be cited as the ``Recycling and Composting
Accountability Act.''
Sec. 2. Definitions
This section defines, ``Administrator,'' ``circular
market,'' ``compost,'' ``compostable material,'' ``composting
facility,'' ``Indian tribe,'' ``Materials Recovery Facility,''
``recyclable material,'' ``recycling,'' ``State,'' and
``processing.''
Sec. 3. Sense of Congress
This section states it is the Sense of Congress that
recycling conserves resources, protects the environment, and is
important to the United States' economy. It also identifies
several challenges facing recycling infrastructure and calls
for the use of a combination of tactics to improve recycling
and composting in the United States.
Sec. 4. Report on composting infrastructure capabilities
This section requires the Administrator of the EPA, in
coordination with States, units of local government, and Indian
Tribes, to prepare a report describing the capability of the
United States to implement a national composting strategy for
compostable materials for the purposes of reducing
contamination rates for recycling.
The report must include an evaluation of existing Federal,
State, and local laws that may present barriers to
implementation of a national composting strategy; an evaluation
of existing composting programs of States, units of local
government, and Indian Tribes and a description of best
practices based on those programs; an evaluation of existing
composting infrastructure in States, units of local government,
and Indian Tribes for the purposes of estimating cost and
approximate land needed to expand composting programs; and a
study of the practices of manufacturers and companies that are
moving to using compostable packaging and food service ware for
the purpose of making the composting process the end-of-life
use of those products.
Sec. 5. Report on Federal Agency Recycling Practices
This section requires the Comptroller General of the United
States, in consultation with the Administrator of the EPA, to
issue a report on Federal Agency Recycling Practices. This
report shall include the total annual recycling and composting
rates reported by all Federal agencies; the total annual
percentage of products containing recyclable material,
compostable material, or recovered materials purchased by all
Federal agencies; recommendations for updating the
comprehensive procurement guidelines published under the Solid
Waste Disposal Act (42 U.S.C. 6903) and the environmentally
preferable purchasing program established under the Pollution
Prevention Act (42 U.S.C. 13103(b)(11)); and the activities of
each Federal agency that promote recycling or composting.
Sec. 6. Improving data and reporting
This section aims to improve measurement, data, and
reporting related to recycling. It requires the Administrator
of the EPA, not later than one year after the date of
enactment, to conduct an inventory of the number of materials
recovery facilities in each unit of local government in each
state, and describe the materials that can be processed by each
materials recovery facility.
It also requires the Administrator of the EPA to establish
a comprehensive baseline of data for the United States
recycling system by looking at the number of community curbside
and drop-off recycling and composting programs and the types of
materials they accept. The Administrator of the EPA shall also
collect data on the number of individuals with access or
barriers to recycling or composting services; the inbound
contamination and capture rates of community curbside
recycling, drop-off recycling, or composting programs; and the
average cost to States, units of local government, and Indian
Tribes of recycling and composting programs.
The Administrator of the EPA may also use funding to
collect data from states on the amount of recyclable materials
that have been successfully diverted from the waste stream and
brought to a materials recovery facility or composting
facility.
This section also allows the Administrator to provide
technical assistance to States, units of local government, and
Indian Tribes that wish to reduce their overall waste and/or
increase recycling and composting rates.
Finally, this section directs the Administrator of the EPA
to expand the report submitted under section 306 of the Save
Our Seas 2.0 Act (Public Law 116-224; 134 Stat. 1096) to
include the end-market sale of all recyclable materials, in
addition to recycled plastics as described in that section,
from materials recovery facilities that process recyclable
materials collected from households including the total, in
dollars per ton, of domestic sales of bales of recyclable
materials.
The Administrator of the EPA must also prepare a report on
the end market sale of compostable materials collected from
households and publicly available compost drop-off centers.
This (includes the total, in dollars per ton, of domestic sales
of compostable materials.
While the bill, as written, focuses on the end market sale
of recyclable and compostable material from households and
publicly available drop-off sites, the Committee recognizes the
importance of collecting data on industrial and commercial
sources of recyclable materials alongside data on recyclable
materials collected from residential or drop off programs.
Sec. 7. Study on the diversion of recyclable materials from a circular
market
This section requires the Administrator of the EPA to
develop a metric for determining the proportion of recyclable
materials in commercial and municipal waste streams that are
being diverted from a circular market. One year after the
development of the metric, the Administrator shall conduct a
study of, and submit to Congress a report on, the proportion of
recyclable materials in commercial and municipal waste streams
that, during each of the ten calendar years preceding the year
of submission of the report, were diverted from a circular
market.
The report shall provide data on specific recyclable
materials (e.g., aluminum, plastics, paper and paperboard,
textiles, and glass) that were prevented from remaining in a
circular market through disposal or elimination, and to what
use those specific recyclable materials were lost. The report
shall include an evaluation of whether the establishment or
improvement of recycling programs would improve recycling rates
or reduce the quantity of recyclable materials being unutilized
in a circular market.
The Committee understands that recyclable materials and
their associated markets are continually evolving.
Specifically, the demand for recycled content in packaging is
growing and many American consumers rely on the ``recycled
content'' labels on packaging to inform their purchases. As a
result, the Committee would like to better understand the
different treatment of certain categories of recovered
materials (e.g., post-industrial materials, pre-consumer
materials, and post-consumer materials) under existing law,
guidance, and standards, as well as the requirements of
producers to certify the recycled-content in packaging. The
Committee encourages the EPA, in its implementation of this
Act, to include and assess the differences between, and the
necessity of, these categories of recovered materials as it
relates to the circular market.
Sec. 8. Voluntary guidelines
Finally, this section requires the Administrator of the
EPA, in coordination with States, units of local government,
and Indian Tribes, to develop, based on the results of the
studies, reports, inventory, and data collected under this Act,
best practices to enhance recycling and composting. This
includes best practices including: labeling techniques for
waste, compostable materials, and recycling with the goal of
creating consistent, readily available, and understandable
labeling across jurisdictions; pamphlets or other literature
readily available to constituents; primary and secondary school
educational resources on recycling; web and media-based
campaigns; and guidance for the labeling of recyclable
materials and compostable materials that minimizes
contamination and further diversion of those materials from
recycling and composting systems.
Sec. 9. Authorization of appropriations
This section authorizes such sums as necessary for this
Act.
LEGISLATIVE HISTORY
On March 3rd, 2022, Senator Tom Carper, Chair of the U.S.
Senate Environment and Public Works (EPW) Committee introduced
S. 3743, The Recycling and Composting Accountability Act.
Shelley Moore Capito (R-W.Va.), Ranking Member of the EPW
Committee, and Senator Boozman (R-AR) joined as original
cosponsors of the legislation. The bill was referred to the
Committee on Environment and Public Works.
On April 7, 2022 the Committee on Environment and Public
Works conducted the Business Meeting to consider S. 3743. The
Committee ordered S. 3743 to be favorably reported with an
amendment in the nature of a substitute by a voice vote.
HEARINGS
A legislative hearing was held by the Committee on
Environment and Public Works on February 2nd, 2022, entitled
``Legislative Proposals to Improve Domestic Recycling and
Composting Programs.'' The purpose of this hearing was to allow
committee members to consider and hear stakeholder testimony
regarding two draft versions of legislation within the
Committee's jurisdiction aimed at improving recycling, S. 3743,
The Recycling and Composting Accountability Act and S. 3742,
The Recycling Infrastructure and Accessibility Act. The hearing
provided the committee with information on the barriers that
rural and economically-depressed communities, including
minority communities, face in accessing recycling programs, as
well as the challenges to municipal governments in providing
those services. The Committee also heard about the need to
improve recycling and composting data collection by the United
States Environmental Protection Agency (EPA), as well as the
ability of the EPA to provide technical assistance on improving
recycling and composting programs.
A recycling related hearing was held by the Committee on
Environment and Public Works on September 22nd, 2021, entitled
``The Circular Economy as a Concept for Creating a More
Sustainable Future.'' The purpose of this hearing was to
examine (1) challenges facing local governments when
implementing domestic recycling programs and developing
associated domestic industries, as well as (2) private and
public sector policies that serve to promote a circular economy
concept by encouraging the recycling, reuse, and substitution
of materials across a wide range of industries.
The hearing provided the Committee with an understanding as
to the systemic and emerging challenges to domestic recycling
and manufacturing industries and the potential of a
regenerative circular economy model to reduce or eliminate
waste through the continual use of resources. Challenges to
domestic recycling include the rise of new waste streams,
contamination of recyclables, and a lack of American processing
and downstream manufacturing infrastructure that can compete
internationally on cost. The hearing explored existing and
proposed policies that promote circularity, including
recycling, across a wide range of industries, including but not
limited to: plastic, aluminum, scrap metal, and critical
minerals. The Committee also explored the role the Federal
government, in partnership with states, local governments, and
the private sector, can play in promoting the transition to a
circular economy, including promoting a resilient United States
recycling system.
ROLL CALL VOTES
The Committee on Environment and Public Works met to
consider S. 3743 on April 7th, 2022. The bill, with an
amendment in the nature of a substitute, was ordered to be
favorably reported by voice vote, with a voting quorum present.
Amendments approved
The following amendment to the amendment in the nature of a
substitute to S. 3743 was approved by voice vote:
Carper #1--This amendment expanded the Sense of Congress to
underscore the importance of composting. The amendment also
adds institutions, such as colleges or universities, as a named
source of recyclable materials and compostable materials. It
also amended the language to allow the EPA to explore a broad
range of sources of compostable materials for the report on
Composting Infrastructure Capabilities. The amendment also
requires the EPA to include the average cost to States, units
of local government, and Indian Tribes for recycling and
composting programs when establishing a Comprehensive Baseline
of Data for the United States recycling system.
Final committee vote to report
S. 3743, with an amendment in the nature of a substitute,
as amended by Carper #1, was ordered to be favorably reported
by a voice vote.
REGULATORY IMPACT STATEMENT
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
MANDATES ASSESSMENT
S. 3743 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA). The bill contains
no new private-sector mandates as defined in UMRA.
COST OF LEGISLATION
Due to time constraints the Congressional Budget Office
estimate was not included in the report when received by the
committee, it will appear in the Congressional Record at a
later time.
CHANGES IN EXISTING LAW
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
are reported. Passage of this bill will make no changes to
existing law.
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