Plastic Pollution and Policy Considerations: Frequently Asked Questions
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Plastic Pollution and Policy Considerations:
Frequently Asked Questions
Updated March 7, 2025
Congressional Research Service
https://crsreports.congress.gov
R48293
SUMMARY
Plastic Pollution and Policy Considerations:
Frequently Asked Questions
R48293
March 7, 2025
Laura Gatz, Coordinator
Specialist in Environmental
Global and domestic plastic production has increased substantially since the mid-20th century—
Policy
doubling in the last two decades. The durability, moldability, and versatility of plastic have led to
its ubiquitous use, benefiting many aspects of society, including the food, medical, technology,
textile, and transportation industries, among others. As plastic production and use have grown, so
have concerns about the impacts of plastic on the environment. These include concerns about
increasing rates of plastic waste generation, insufficient management of plastic waste, and the
plastic pollution that results when plastic waste enters, or “leaks,” into the environment, including land-based, freshwater,
and marine ecosystems. Some are also concerned about the potential environmental and human health effects of the
chemicals used to produce plastics and the air emissions generated across the plastic lifecycle.
Plastic waste generation has increased alongside the rise in plastic production and use, more than doubling over the last two
decades globally. Infrastructure for solid waste management and recycling has not kept pace with this growth. While some
plastic is recycled, most plastic waste is landfilled or incinerated. Some plastic waste is also mismanaged (i.e., littered or
improperly disposed). Mismanaged plastic is the main source of larger plastics (i.e., macroplastics) entering into the
environment.
Plastic waste enters the environment through a variety of pathways across the plastic lifecycle. Once in the environment,
macroplastics may fragment into smaller pieces of plastic (i.e., microplastics, ranging in size from 5 millimeters down to a 5millionfold-smaller 1 nanometer). Both macroplastics and microplastics pose risks to the environment, including land-based,
freshwater, and marine ecosystems. Some of the impacts of concern include wildlife ingesting plastic or becoming entangled
in plastic waste, which can lead to suffocation or starvation. Microplastics are also persistent and may accumulate in the
environment—such as in deep ocean sediments, water columns of oceans and lakes, soils, or the atmosphere—and in
organisms (both humans and wildlife).
The risks from plastic pollution arise from the physical plastic particles and from the potential toxicity of the chemicals from
which the plastics are made. In addition, pollutants can adhere to plastics in the environment, posing further potential risk
when ingested or inhaled. To this end, some are concerned about the potential impact of microplastics (including a subset of
microplastics called nanoplastics, which are smaller than 1,000 nanometers) on human health when ingested or inhaled,
particularly with regard to the chemicals found in plastics. Experts continue to research the potential effects of microplastics.
Other environmental impacts include air emissions generated across the plastic lifecycle. The processes used to produce
plastic and for certain post-use disposal practices (e.g., incineration and recycling) generate greenhouse gas and other air
emissions that have the potential to contribute to climate change and air quality concerns.
Gaps remain in understanding the magnitude and scope of these environmental impacts and the extent to which various
sources of plastic contribute to these impacts. Observers have highlighted the importance of further research to better
understand the plastic lifecycle, as well as the fate, transport, and effect of plastic pollution in the environment, to inform the
adoption of effective policy options. Studies suggest that the adoption of policies across the lifecycle of plastic are needed to
address the wide-ranging concerns associated with plastic pollution.
Congress has shown interest in issues across the plastic lifecycle and has passed legislation, introduced bills, and held
hearings to investigate and address various plastic-pollution-related concerns. Many federal agencies also have taken, and
continue to take, steps to address plastic-pollution-related issues within their mission areas. The United States is also
engaging in international efforts to address plastic pollution, most notably through global negotiations toward an international
legally binding instrument on plastic pollution.
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Plastic Pollution and Policy Considerations: Frequently Asked Questions
Contents
Introduction ..................................................................................................................................... 1
What Is the Lifecycle of Plastic? ..................................................................................................... 2
Resource Extraction .................................................................................................................. 2
Plastic Production and Product Manufacturing ......................................................................... 2
Consumption/Use ...................................................................................................................... 2
Post-Use Disposal ..................................................................................................................... 3
Leakage to the Environment/Environmental Pollution ............................................................. 4
Production and Use FAQs ............................................................................................................... 4
What Are Plastics? .................................................................................................................... 4
What Chemicals Are Used in Plastic Production? .................................................................... 5
What Is the Global Trend for Plastic Production? ..................................................................... 6
How Much Plastic Is Produced in the United States? ............................................................... 6
How Much Plastic Is Used Across Countries? .......................................................................... 7
Post-Use Disposal FAQs ................................................................................................................. 8
What Happens to Plastic Waste? ............................................................................................... 8
How Does the Amount of Plastic Waste Collected for Recycling in the United States
Compare to Other Countries? ................................................................................................ 9
How Is Plastic Waste Regulated at the Federal Level? ........................................................... 10
Is Recycling of Plastic Products Regulated at the Federal Level? ...........................................11
What Is Chemical (i.e., Advanced) Recycling? ...................................................................... 12
Plastic Pollution and Environmental Impacts FAQs ..................................................................... 13
How Are Air Emissions from the Chemical Recycling of Plastics Regulated Under
the Clean Air Act? ................................................................................................................ 13
What Recent Actions Have EPA and Congress Taken Regarding Chemical Recycling
Air Emissions? ..................................................................................................................... 14
What Are the Greenhouse Gas Emissions from the Plastics Lifecycle? ................................. 14
What Are the Sources of Freshwater and Marine Plastic Pollution? ...................................... 15
What Is Marine Debris? .......................................................................................................... 16
How Is Plastic Pollution Regulated Under the Clean Water Act? ........................................... 16
Trash and Macroplastics ................................................................................................... 17
Microplastics ..................................................................................................................... 17
What Federal Laws Provide Agencies the Authority to Address Marine Debris,
Including Plastic Pollution? ................................................................................................. 19
Marine Debris Act ............................................................................................................. 19
Save Our Seas 2.0 Act ....................................................................................................... 19
How Does the Toxic Substances Control Act Apply to Chemicals Associated with
Plastics Production and Use? ............................................................................................... 20
What Factors Are Relevant in Assessing the Potential Health and Environmental
Risks Associated with Plastics to Inform Regulatory or Nonregulatory Actions? ............... 22
Research FAQs .............................................................................................................................. 23
What Types of Research Are Federal Agencies Conducting on Plastics? ............................... 23
Environmental Protection Agency .................................................................................... 24
National Institute of Standards and Technology ............................................................... 24
National Oceanic and Atmospheric Administration.......................................................... 24
Legislation FAQs ........................................................................................................................... 25
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Plastic Pollution and Policy Considerations: Frequently Asked Questions
What Bills Were Introduced in the 118th Congress on Plastics? ............................................. 25
U.S. Engagement in Plastic-Pollution-Related International Agreements FAQs .......................... 30
How Does the United States Engage in International Agreements Related to Plastic
Pollution? ............................................................................................................................. 30
Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and Their Disposal ............................................................................................. 31
The Convention on the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter of 1972 (London Convention) and the 1996 London Protocol ......... 32
International Convention for the Prevention of Pollution from Ships, 1973, as
Modified by the Protocol of 1978 (MARPOL 73/78) .................................................... 33
What Is the International Agreement on Plastic Pollution? .................................................... 34
What Policy Options Are Available to Congress to Address Plastic Pollution? ............................ 36
Figures
Figure 1. Idealized Lifecycle of Plastic ........................................................................................... 3
Tables
Table 1. Gross Output for Plastic Product Manufacturing by Industry ........................................... 6
Table 2. Global Plastics Use by Region .......................................................................................... 7
Table 3. Plastics in Municipal Solid Waste...................................................................................... 8
Table 4. Global Plastic Waste Collected for Recycling by Region.................................................. 9
Table 5. Selected Plastics Legislation Introduced in the 118th Congress ....................................... 26
Table 6. Selected Policy Options to Address Plastic Pollution ...................................................... 39
Table A-1. Reports Mandated by Save Our Seas 2.0 Act .............................................................. 45
Appendixes
Appendix. Reports Mandated by the Save Our Seas 2.0 Act ........................................................ 45
Contacts
Author Information........................................................................................................................ 47
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Plastic Pollution and Policy Considerations: Frequently Asked Questions
Introduction
Plastics have numerous valuable uses and benefit many aspects of society (e.g., food, medical,
technology, textile, and transportation industries). Several characteristics of plastics—such as malleability,
durability, versatility, strength, light weight, corrosion resistance, and low cost relative to other
materials—have led to their widespread use.
The generally short service life of many plastic products, such as single-use plastics, and the limited reuse
and recycling of plastic products have led to an accumulation of plastic waste in landfills as well as the
environment. Plastic, including plastic waste, may enter, or “leak,” into the environment at various stages
throughout the plastic lifecycle, polluting land-based, freshwater, and marine ecosystems.1 While plastics
have many benefits, this accumulation of plastic waste in landfills and the environment has social,
economic, and environmental consequences.2
Concerns about these consequences have prompted calls both domestically and globally to improve the
circularity of plastics and to implement various policy options across the plastic lifecycle to address
plastic pollution (including plastic-related pollution such as air emissions).3 Circularity is the concept of
an economy (i.e., a circular economy) that aims to keep materials and products in circulation for as long
as possible—optimizing resource use and minimizing waste and environmental impacts through
redesigning materials, products, and systems to use resources more efficiently.4 Although stakeholders
generally agree that the extent of plastic pollution, both domestically and globally, has reached a point
that requires action, views vary as to the appropriate focus, stringency, and breadth of actions to be taken.
Some Members of Congress have shown increasing interest in addressing issues related to plastic
pollution generated across the plastic lifecycle. Congress has passed legislation, introduced bills, and held
hearings to investigate and address various plastic-related issues.5 Federal agencies have also taken, and
continue to take, steps to address plastic-pollution-related issues within their mission areas, including
research and the use of authorities to address the impacts of plastic pollution under various statutes.
Recent international negotiations aiming to develop an international agreement on plastic pollution have
heightened congressional interest as well as debate about the appropriate domestic and global approaches
that should be considered or adopted to address plastic pollution.
1 National Academies of Sciences, Engineering, and Medicine (NASEM), Recycled Plastics in Infrastructure: Current Practices,
Understanding, and Opportunities, 2023, p. 19, https://nap.nationalacademies.org/catalog/27172/recycled-plastics-ininfrastructure-current-practices-understanding-and-opportunities (hereinafter NASEM, Recycled Plastics in Infrastructure).
2 NASEM, Recycled Plastics in Infrastructure.
3 Organisation for Economic Co-operation and Development (OECD), Global Plastics Outlook: Economic Drivers,
Environmental Impacts, and Policy Options, February 2022, p. 14, https://www.oecd-ilibrary.org/environment/global-plasticsoutlook_de747aef-en (hereinafter OECD, Global Plastics Outlook: Economic Drivers, Environmental Impacts, and Policy
Options); U.S. Environmental Protection Agency (EPA), National Strategy to Prevent Plastic Pollution, 2024,
https://www.epa.gov/circulareconomy/national-strategy-prevent-plastic-pollution (hereinafter EPA, National Strategy to Prevent
Plastic Pollution); America’s Plastic Makers and American Chemistry Council (ACC), 5 Actions for Sustainable Change: A Plan
for Congress to Accelerate a Circular Economy for Plastics, July 2021, p. 2, https://plasticmakers.org/wp-content/uploads/
2022/07/5-Actions-for-Sustainable-Change.pdf (hereinafter America’s Plastic Makers and ACC, 5 Actions for Sustainable
Change); United Nations Environment Programme (UNEP), Turning Off the Tap: How the World Can End Plastic Pollution and
Create a Circular Economy, 2023, https://wedocs.unep.org/bitstream/handle/20.500.11822/42277/Plastic_pollution.pdf
(hereinafter UNEP, Turning Off the Tap).
4 EPA, “What is a Circular Economy?” https://www.epa.gov/circulareconomy/what-circular-economy.
5 See Table 5 for legislation introduced in the 118th Congress. Enacted legislation includes Save our Seas Act of 2018 (P.L. 115265) and the Save Our Seas 2.0 Act (P.L. 116-224) in 2020. For hearings, see, for example, U.S. Congress, Senate Environment
and Public Works Committee, A Joint Hearing to Examine the Presence of Microplastics in Water, 118th Cong., 2nd sess.,
February 27, 2024.
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This report addresses frequently asked questions (FAQs) pertaining to plastic pollution and policy
considerations to address such pollution while retaining beneficial uses of plastic. The report begins with
a brief overview of the lifecycle of plastic and then addresses questions organized by stages of the plastic
lifecycle. Next, the report answers frequently asked questions about plastic pollution, the environmental
and health-related impacts of plastic pollution across the plastic lifecycle, and steps federal agencies have
taken to address plastic-pollution-related issues within their mission areas, including the use of authorities
under various statutes. The report then answers frequently asked questions about U.S. engagement in
international agreements pertaining to plastic pollution, including ongoing efforts through the
Intergovernmental Negotiating Committee on Plastic Pollution. The report concludes with a discussion of
potential policy options available to Congress to address plastic pollution.
What Is the Lifecycle of Plastic?6
The extraction of raw materials, conversion into products, and the use and disposal of a product is often
referred to as the product’s lifecycle. Figure 1 depicts the idealized lifecycle of plastic, including resource
extraction, production, product manufacturing, use, and post-use disposal.
Resource Extraction
Over 90% of plastic is derived from fossil fuels, such as crude oil and natural gas.7 These fuels are
extracted through processes such as drilling and hydraulic fracturing (i.e., fracking). Less than 1% of
plastic is biobased (i.e., derived from certain renewable sources such as corn or sugarcane).
Plastic Production and Product Manufacturing
The raw extracted materials are shipped to refineries and petrochemical facilities, where they are
converted into monomers, polymers, and pre-production plastics (e.g., pellets, which are often referred to
as nurdles).8 These pre-production plastics are then transported to facilities where they are formed into
various products for consumption. The production and manufacturing phases of the plastic lifecycle also
involve product design, which considers aspects such as the desired strength, appearance, and
recyclability of the product, among many other aspects.
Consumption/Use
Plastics are used or consumed for a wide variety of purposes—such as packaging, construction,
clothing/textiles, medical supplies, technology, transportation, agriculture, and fishing gear.9 In some
cases, these products are used for durable applications (e.g., appliances, automotive parts, consumer
electronics, furniture, tires).10 In other cases, they are used for nondurable applications where they are
6 Laura Gatz, Specialist in Environmental Policy, authored this section.
7 OECD, Climate Change and Plastics Pollution: Synergies Between Two Crucial Environmental Challenges, 2023, p. 2,
https://www.oecd.org/content/dam/oecd/en/publications/reports/2023/05/climate-change-and-plastics_d3364145/5e0bfe87en.pdf; and NASEM, Reckoning with the U.S. Role in Global Ocean Plastic Waste (Washington, DC: The National Academies
Press, 2022), p. 32, https://nap.nationalacademies.org/catalog/26132/reckoning-with-the-us-role-in-global-ocean-plastic-waste
(hereinafter NASEM, Reckoning with the U.S. Role in Global Ocean Plastic Waste).
8 A monomer is defined as a molecule of any of a class of compounds, mostly organic, that can react with other molecules to
form polymers.
9 ACC, “Plastics,” https://www.americanchemistry.com/chemistry-in-america/chemistry-in-everyday-products/plastics.
10 EPA, “Facts and Figures About Materials, Waste, and Recycling; Plastics: Material-Specific Data,” https://www.epa.gov/factsand-figures-about-materials-waste-and-recycling/plastics-material-specific-data (hereinafter EPA, “Facts and Figures About
Materials, Waste, and Recycling”).
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used for less than three years and discarded. Nondurable applications include single-use plastics, which
are intended to be used once and then discarded. Examples of nondurable applications include clothing,
bags, cups, straws, utensils, diapers, and medical devices.11
Figure 1. Idealized Lifecycle of Plastic
Source: Congressional Research Service.
Post-Use Disposal
Once a plastic product reaches the end of its useful life, it may be discarded. Most plastic waste is
landfilled or incinerated. Some plastic waste is recycled and converted into new plastic products, which
are then considered secondary plastics.12 Some plastics may be recycled through mechanical recycling
11 EPA, “Facts and Figures About Materials, Waste, and Recycling.”
12 OECD, Global Plastics Outlook: Economic Drivers, Environmental Impacts, and Policy Options, p. 23.
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(i.e., traditional) or chemical recycling (i.e., advanced) approaches.13 Plastic waste may also be
mismanaged (i.e., improperly disposed) or littered.14
Leakage to the Environment/Environmental Pollution
Plastic may enter, or “leak,” into the environment at various stages throughout the plastic lifecycle,
including the production, manufacturing, use, and post-use disposal phases, leading to plastic pollution.15
For example, during production and manufacturing, pre-production pellets (i.e., nurdles) may spill during
transportation or be washed away from land-based sources to waterways via stormwater. Leakage during
use includes the “wear and tear” of tires and loss of microplastics, or microfibers shedding from clothing
during wash cycles into wastewater.16 During the post-use disposal phase, plastic may leak via littering or
mismanaged waste.
Production and Use FAQs
What Are Plastics?17
The term plastics generally describes a substance or material consisting of multiple chains of repeating
molecular units (i.e., polymers or copolymers) combined with chemical additives that allow the material
to be pliable with heat and pressure.18 Most petrochemicals used to make plastics are generally derived
from natural gas, feedstocks derived from natural gas processing, and feedstocks derived from crude oil
refining.19 These petrochemicals vary widely in terms of their chemical composition and properties.
Bioplastics may be produced from certain renewable sources that are biobased (e.g., corn or sugar cane),
but their production also involves other chemicals to form the final product.20
Plastics may be produced for a variety of uses in consumer products and industrial and commercial
applications across multiple economic sectors.21 Examples of some common applications and uses that
illustrate the diversity of plastics include
•
materials used in building construction and other infrastructure;
13 Chevron Phillips Chemical, “Recycling Plastics,” https://www.cpchem.com/sites/default/files/2021-02/Recycling%20
Plastics_0.pdf; and Berlin Packaging, “Mechanical and Advanced Recycling: Moving Toward a Circular Economy,”
https://www.berlinpackaging.com/insights/sustainability/mechanical-and-advanced-recycling.
14 OECD, Global Plastics Outlook: Economic Drivers, Environmental Impacts, and Policy Options, pp. 19-20, 42, 46. The
proportion of mismanaged waste is higher in low- and middle-income countries or areas that do not have adequate collection or
treatment facilities. Examples of mismanaged waste include plastic waste that is not collected, is collected but disposed of in
open dumpsites or waterways, or is collected and burned in open pits.
15 EPA, “About Plastic Products and Plastic Pollution,” https://www.epa.gov/plastics/about-plastic-products-and-plasticpollution.
16 Microplastics are plastic particles ranging in size from 5 mm, which is about the size of a pencil eraser, to 1 nanometer.
17 Jerry H. Yen, Analyst in Environmental Policy, authored this section.
18 For additional information on chemicals used in plastics production, see a summary of this topic presented in “Chapter 2:
Plastic Production and Global Trade” in NASEM, Reckoning with the U.S. Role in Global Ocean Plastic Waste, pp. 31-46. This
National Academies report otherwise primarily focuses on the disposal of plastics that may enter the ocean.
19 U.S. Energy Information Administration, “How Much Oil Is Used to Make Plastic?” https://www.eia.gov/tools/faqs/faq.php?
id=34&t=6.
20 For additional information, see Plastics Industry Association, “Bioplastics,” https://www.plasticsindustry.org/who-we-serve/
recycling-sustainability/bioplastics/.
21 For additional information on types and volumes of plastics products manufactured for various applications or uses, see
Plastics Industry Association, “Plastics Data,” https://www.plasticsindustry.org/data.
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•
•
•
•
•
•
•
components used in modes of transport, including aircraft, trains, motor vehicles, and
bicycles;
components used in many devices or consumer products, including electronic devices,
plumbing fixtures and piping, tools, sporting and other recreational equipment, and toys;
packaging materials;
storage and shipping containers;
materials used in textiles (e.g., clothing, carpets, upholstery);
service ware, containers, and utensils for food and beverages; and
military or other specialized applications.
In addition to plastic products, some plastics are used as resins that are incorporated as part of another
product, or as coatings applied to the surface of another product.
What Chemicals Are Used in Plastic Production?22
The potential universe of chemicals used in plastic production may number in the thousands across the
breadth of the entire plastics industry.23 The specific chemicals used to produce plastics may vary
depending on the feedstocks, chemical processes, and chemical additives necessary to create the type of
material, resin, or coating desired for the intended application or use of a product.24 Desired qualities for
products vary widely in terms of structural density; weight; flexibility; resistance to impact, heat, stains,
or water; and other qualities. The chemicals used to make a particular plastic often differ from the
chemical composition of the final product. For example, ethylene is used to make polyethylene, but these
substances are chemically different in terms of their molecular structure and related properties.25
In terms of volume, plastic products are predominantly manufactured from several basic resins, including
polyethylene (PE), polypropylene (PP), polyvinyl chloride (PVC), polystyrene (PS), and polyethylene
terephthalate (PET).26 Other plastic resins also may be produced for certain specialized applications, such
as polyamides (e.g., nylon) and acrylonitrile butadiene styrene (ABS) polymer. To produce these plastic
resins from chemical feedstocks, manufacturers may use various catalysts and other chemical processing
agents that generally are not intended as an ingredient in the final product but may be present in trace
amounts, sometimes referred to as an impurity.27
The types of chemicals used in plastics production also may vary depending on the additives needed to
produce certain materials, resins, or coatings. For example, plastic resins may include additives to modify
the qualities of a resin to enhance its structural stability or other desired qualities. Examples of additives
include plasticizers, flame retardants, and pigments, for which the chemical constituencies would vary
depending on the specific additive.28 Additives also may be used in surface coatings applied to plastics.
22 Jerry H. Yen, Analyst in Environmental Policy, authored this section.
23 UNEP and Secretariat of the Basel, Rotterdam, and Stockholm Conventions, Chemicals in Plastics: A Technical Report
(Geneva, Switzerland: UNEP, 2023), p. 2.
24 “Chapter 1: Introduction” in NASEM, Reckoning with the U.S. Role in Global Ocean Plastic Waste, pp. 17-29.
25 See the section on “Ethylene” in ACC, “Olefins, Uses & Benefits,” https://www.americanchemistry.com/industry-groups/
olefins/uses-benefits.
26 For a discussion on the chemical structure of basic plastic resins and trends in plastic resin production, see “Chapter 2: Plastic
Production and Global Trade” in NASEM, Reckoning with the U.S. Role in Global Ocean Plastic Waste, pp. 31-46.
27 UNEP and Secretariat of the Basel, Rotterdam, and Stockholm Conventions, Chemicals in Plastics: A Technical Report
(Geneva, Switzerland: UNEP, 2023), p. 6.
28 For examples of additives that may be added to plastic products, see UNEP and Secretariat of the Basel, Rotterdam, and
Stockholm Conventions, Chemicals in Plastics: A Technical Report (Geneva, Switzerland: UNEP, 2023), pp. 10-11.
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Plastic Pollution and Policy Considerations: Frequently Asked Questions
Chemicals used at facilities that produce a plastic material, resin, or coating may differ from chemicals
used at other facilities that further process the plastic or that manufacture the final product. Chemical
additives used to produce the same type of plastic also may vary among manufacturers depending on the
desired qualities of the final product.
What Is the Global Trend for Plastic Production?29
The Organisation for Economic Co-operation and Development (OECD) estimates that global plastic
production doubled from 234 million metric tons (Mt) in 2000 to 460 Mt in 2019.30 The projections for
future plastic production differ for primary plastics (i.e., plastics produced from fossil-fuel-based or
biobased feedstocks that have never been used or processed) and secondary plastics (i.e., plastics made
from recycled material). By 2060, primary plastic production is projected to increase from approximately
431 Mt in 2019 to approximately 1,087 Mt, and secondary plastic production is projected to increase from
approximately 29 Mt to approximately 143 Mt.31
How Much Plastic Is Produced in the United States?32
The American Chemistry Council, an industry trade association, estimates that, as of August 2024, U.S.
production of plastic resin during the first eight months of 2024 totaled about 67.7 billion pounds, a 5.7%
increase compared to the same period in 2023.33 The U.S. Bureau of Economic Analysis (BEA) estimates
that the gross monetary output for plastic material and resin manufacturing in 2023 was about $109.7
billion.34 The gross output for plastic product manufacturing in 2023 was about $248.3 billion, based on
BEA data provided in Table 1.
Table 1. Gross Output for Plastic Product Manufacturing by Industry
In billions of dollars, 2023
NAICS Code
Industry
Gross Output (USD)
32611
Plastics packaging materials and unlaminated film and sheet manufacturing
$47.6
32612
Plastics pipe, pipe fitting, and unlaminated profile shape manufacturing
$27.0
32613
Laminated plastics plate, sheet (except packaging), and shape manufacturing
$4.4
32614
Polystyrene foam product manufacturing
$11.1
32615
Urethane and other foam product (except polystyrene) manufacturing
$14.0
32616
Plastics bottle manufacturing
$15.6
32619
Other plastics product manufacturing
$128.6
29 Clare Y. Cho, Specialist in Industrial Organization and Business Policy, authored this section.
30 OECD, Global Plastics Outlook: Economic Drivers, Environmental Impacts, and Policy Options, pp. 14, 19. CRS is unaware
of other authoritative sources that provide global estimates for plastic production, use, and disposal.
31 OECD, Global Plastics Outlook: Policy Scenarios to 2060, June 21, 2022, p. 25, https://doi.org/10.1787/aa1edf33-en
(hereinafter OECD, Policy Scenarios to 2060).
32 Clare Y. Cho, Specialist in Industrial Organization and Business Policy, authored this section.
33 ACC, “ACC Releases August 2024 Resin Production and Sales Statistics,” press release, September 27, 2024,
https://www.americanchemistry.com/chemistry-in-america/news-trends/press-release/2024/acc-releases-august-2024-resinproduction-and-sales-statistics.
34 The North American Industry Classification System code is 325211.
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Source: U.S. Bureau of Economic Analysis, Gross Output by Industry—Detail Level, https://apps.bea.gov/iTable/
?reqid=150&step=2&isuri=1&categories=ugdpxind&_gl=1*1ivo8kz*_ga*NzgxOTAyNzEwLjE3MjU0NTYyODg.*_ga_J4698J
NNFT*MTczMDIyMjg0My40LjEuMTczMDIyMjk1MC4xNS4wLjA.
Notes: NAICS = North American Industry Classification System. NAICS codes 32617 and 32618 do not exist. For more
information about each NAICS code, see U.S. Census Bureau, “North American Industry Classification System,”
https://www.census.gov/naics/?input=31&chart=2022.
How Much Plastic Is Used Across Countries?35
OECD estimates that global plastics use increased from approximately 130 Mt to 460 Mt from 1990 to
2019 (Table 2).36 In 1990, the United States had the greatest plastics use among countries at
approximately 42 Mt (32% of global plastics use), followed by the European OECD countries (OECD
EU) at approximately 33 Mt (25% of global plastics use).37 In 2019, China had the greatest plastics use at
approximately 94 Mt (20% of global plastics use), followed by the United States at approximately 84 Mt
(18% of global plastics use) and the OECD EU at approximately 64 Mt (14%). When measured per
capita, in 2019, the United States and Canada had the greatest use of plastics (Table 2).
Based on current trends, global plastics use is projected to increase from 435 Mt in 2020 to 736 Mt in
2040 and 1,231 Mt in 2060.38
Table 2. Global Plastics Use by Region
In millions of metric tons (Mt)
OECD America
OECD Europe
OECD Pacific
Other America
Eurasia
Middle East and
Africa
Other Asia
Plastics Use
(1990)
Plastics Use
(2019)
Plastics Use Per Capita
(kilogram/population,
2019)
United States
42.0
84.3
255.2
Canada
3.7
7.5
202.2
Other OECD America
4.8
13.1
65.4
OECD EU
32.8
63.7
152.9
OECD non-EU
8.1
21.4
124.3
OECD Asia
5.9
18.2
102.4
OECD Oceania
0.6
4.4
143.9
Latin America
3.7
22.9
50.9
Other EU
1.2
3.3
103.0
Other Eurasia
5.5
21.0
66.7
Middle East and North Africa
5.6
21.2
47.1
Other Africa
2.8
17.9
15.9
China
7.8
94.0
69.0
India
1.9
29.3
22.1
35 Clare Y. Cho, Specialist in Industrial Organization and Business Policy, authored this section.
36 In the OECD estimates, each year, the total amount of global plastic production equals global plastic use.
37 OECD EU includes the United Kingdom.
38 OECD, Policy Scenarios to 2060, p. 62; and OECD, Policy Scenarios for Eliminating Plastic Pollution by 2040, October 2,
2024, p. 11, https://www.oecd-ilibrary.org/environment/policy-scenarios-for-eliminating-plastic-pollution-by-2040_76400890-en
(hereinafter OECD, Policy Scenarios for Eliminating Plastic Pollution by 2040).
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Plastics Use
(1990)
Plastics Use
(2019)
Plastics Use Per Capita
(kilogram/population,
2019)
Other non-OECD Asia
3.5
37.6
31.7
Total Global Use
129.9
459.7
Source: Organisation for Economic Co-operation and Development (OECD), Global Plastics Outlook Database, “Plastics
Use by Region,” https://stats.oecd.org/Index.aspx?DataSetCode=PLASTIC_USE_9; and OECD, Global Plastics Outlook:
Economic Drivers, Environmental Impacts, and Policy Options, 2022, p. 39, https://doi.org/10.1787/de747aef-en.
Note: Estimates for “plastics use” were rounded to the nearest tenth to match the “plastics use per capita” data reported
in OECD’s Global Plastics Outlook report. EU = European Union. For a list of countries within each region, see OECD,
Global Plastics Outlook: Economic Drivers, Environmental Impacts, and Policy Options, 2022, p. 159, https://doi.org/10.1787/
de747aef-en.
Post-Use Disposal FAQs
What Happens to Plastic Waste?39
The U.S. Environmental Protection Agency (EPA) and OECD report different estimates for the amount of
plastic waste produced in the United States and how the plastic waste was disposed. EPA estimates that in
2018, the United States generated about 32 Mt of plastic waste, with about 8% of the waste recycled, 16%
of the waste combusted with energy recovery, and 76% of the waste landfilled (Table 3).40 OECD
estimates that in 2019, the United States produced about 73 Mt of plastic waste, with about 5% recycled,
19% incinerated, 73% landfilled, and the remaining 3% mismanaged or littered.41 The differences in
estimations likely reflect different data sources and methodologies used by the OECD and EPA.42 For
example, the EPA estimates only consider plastics that have entered the waste management system, and
thus does not include estimates for plastics that were mismanaged or littered.43 In contrast, the OECD
provides estimates to illustrate the flow of plastics throughout their lifecycle, and thus provides estimates
for plastics that were mismanaged or littered.
Table 3. Plastics in Municipal Solid Waste
In millions of metric tons (Mt)
1960
1970
1980
1990
2000
2005
2015
2017
2018
Generation
0.4
2.6
6.2
15.5
23.2
26.7
28.5
31.3
32.1
Recycled
—
—
0.01
0.3
1.3
1.6
2.3
2.8
2.7
39 Clare Y. Cho, Specialist in Industrial Organization and Business Policy, authored this section.
40 The most recent data provided on EPA’s website is for 2018. See EPA, “Plastics: Material-Specific Data,”
https://www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/plastics-material-specific-data.
41 OECD, Economic Drivers, Environmental Impacts, and Policy Options, pp. 19-20.
42 For more information on EPA’s methodology, see EPA Office of Resource Conservation and Recovery, Municipal Solid Waste
Generation, Recycling, and Disposal in the United States: Facts and Figures, methodology document, April 2014,
https://www.epa.gov/sites/default/files/2018-03/documents/
methodolgy_document_for_selected_municipal_solid_waste_products.pdf. For more information on the OECD’s methodology,
see OECD, Modelling Plastics in ENV-Linkages, technical report, December 7, 2022, https://www.oecd.org/en/publications/
modelling-plastics-in-env-linkages_59b639f7-en.html.
43 For more information, see U.S. EPA, “Guide to the Facts and Figures Report About Materials, Waste and Recycling,” last
updated April 2, 2024, https://www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/guide-facts-and-figuresreport-about.
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1960
1970
1980
1990
2000
2005
2015
2017
2018
Combustion with
Energy Recovery
—
—
0.1
2.7
3.7
3.9
4.1
4.8
5.1
Landfilled
0.4
2.6
6.1
12.5
18.1
21.1
22.1
23.6
24.3
Source: U.S. Environmental Protection Agency (EPA), “Plastics: Material-Specific Data,” last updated September 30, 2024,
https://www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/plastics-material-specific-data.
Note: CRS converted EPA estimates from U.S. tons (i.e., short tons) to metric tons by multiplying the estimates by
0.9071847 (see U.S. Energy Information Administration, “Frequently Asked Questions: How Do I Convert Between Short
Tons and Metric Tons?” https://www.eia.gov/tools/faqs/faq.php?id=7&t=2). The EPA uses plastics information from the
American Chemistry Council, the National Association of PET Container Resources, and the Association of Plastic
Recyclers to obtain their estimates. Values are rounded up to the nearest tenth.
OECD estimates that global plastic waste, including the waste generated in the United States, was about
353 Mt in 2019, with approximately 33 Mt (9%) recycled, 67 Mt (19%) incinerated, and 174 Mt (49%)
landfilled; the remaining 23% was disposed in uncontrolled dumpsites, burned in open pits, or leaked into
the environment.44 OECD projects that, based on current trends, global plastic waste will triple from
approximately 353 Mt in 2019 to approximately 1,014 Mt in 2060.45 Approximately 176 Mt (17%) is
projected to be recycled, 179 Mt (18%) to be incinerated, and 507 Mt (50%) to be landfilled, with the
remaining 15% projected to be mismanaged.46 The accumulated stock of plastics in aquatic
environments—such as streams, rivers, lakes, seas, and the ocean—is projected to increase from
approximately 140 Mt in 2019 to approximately 493 Mt in 2060.47
How Does the Amount of Plastic Waste Collected for Recycling in the
United States Compare to Other Countries?48
In 2019, the United States had the third-highest amount of plastic waste that was collected for recycling,
according to OECD estimates (Table 4). OECD estimates that about 6.5 Mt of plastic waste was collected
for recycling in 2019 in the United States. The estimates indicate China collected the greatest amount for
recycling at 13.2 Mt, followed by the OECD EU at 12.8 Mt. OECD Oceania collected the least at 0.2
Mt.49
Table 4. Global Plastic Waste Collected for Recycling by Region
In millions of metric tons (Mt), 2019
Plastic Waste Collected for Recycling
OECD America
OECD Europe
United States
6.5
Canada
0.8
Other OECD America
1.7
OECD EU
12.8
44 OECD, Global Plastics Outlook Database, “Plastics Waste by End-of-Life Fate and Region,” https://doi.org/10.1787/e4e8c086-
en; and OECD, Economic Drivers, Environmental Impacts, and Policy Options, p. 20.
45 OECD, Policy Scenarios to 2060, p. 29.
46 OECD, Policy Scenarios to 2060, p. 25.
47 OECD, Policy Scenarios to 2060, pp. 30, 32.
48 Clare Y. Cho, Specialist in Industrial Organization and Business Policy, authored this section.
49 The countries in OECD Oceania are Australia and New Zealand. See OECD, Global Plastics Outlook: Economic Drivers,
Environmental Impacts, and Policy Options, p. 159.
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Plastic Waste Collected for Recycling
OECD Non-EU
2.3
OECD Asia
2.6
OECD Oceania
0.2
Other America
Latin America
2.8
Eurasia
Other EU
0.2
Other Eurasia
1.4
Middle East and North Africa
1.4
Other Africa
1.3
China
13.2
India
3.7
Other non-OECD Asia
3.7
OECD Pacific
Middle East and Africa
Other Asia
Source: Organisation for Economic Co-operation and Development (OECD), Global Plastics Outlook Database, “Plastic
Waste Collected for Recycling,” https://doi.org/10.1787/09084a0e-en.
Note: EU = European Union. For a list of countries within each region, see OECD, Global Plastics Outlook: Economic Drivers,
Environmental Impacts, and Policy Options, 2022, p. 159, https://doi.org/10.1787/de747aef-en.
How Is Plastic Waste Regulated at the Federal Level?50
When most plastic products, such as those used by consumers or households, are disposed of, these
products are treated as municipal solid waste (MSW). EPA regulates MSW under the Resource
Conservation and Recovery Act (RCRA) Subtitle D.51 RCRA prohibits open dumping of any waste.
Under RCRA, how a waste must be managed—and which level of government bears primary
responsibility for managing it—depends on whether it is a solid waste or hazardous waste, as those terms
are defined by the statute.52 Plastic waste is generally considered a non-hazardous solid waste under
RCRA, and so its management is overseen by states, local governments, or tribes. EPA regulations
established minimum standards for solid waste management, including criteria for sanitary landfills where
most non-hazardous plastic waste is ultimately disposed.53 Specific regulatory requirements for landfills
include location restrictions, operation and design standards, groundwater monitoring requirements, site
closure requirements, and financial assurance requirements. Each state administers its own solid waste
disposal program, which can have more stringent requirements than federal requirements.
In certain cases, plastic waste exhibiting hazardous characteristics, as defined under RCRA, may be
subject to requirements under RCRA Subtitle C, covering hazardous waste management.54 Under RCRA,
a solid waste, such as a plastic product intended for disposal, would be considered a hazardous waste if it
exhibits certain characteristics (ignitability, corrosivity, reactivity, or toxicity), or if EPA specifically lists
the waste as such.55 EPA has broad authority to regulate hazardous waste from its generation to its
50 Angela C. Jones, Analyst in Environmental Policy, authored this section.
51 Codified generally at 42 U.S.C. §§6901-6992k. The Resource Conservation and Recovery Act (RCRA) amended earlier
legislation, the Solid Waste Disposal Act of 1965 (P.L. 89-272), but the amendments were so comprehensive that the act is
commonly referred to as “RCRA,” rather than its official title.
52 42 U.S.C. §6903; 40 C.F.R. §§261.2, 261.3.
53
40 C.F.R. Part 258.
54 42 U.S.C. §§6921-6939(f).
55 40 C.F.R. Part 261.
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ultimate disposal (and beyond, if disposal leads to contamination of air, soil, or water). Plastic products,
however, are generally chemically inert and lack hazardous characteristics compared to RCRA-covered
hazardous waste.56 Waste from a plastic manufacturing process, as opposed to plastic product waste, has
different characteristics and would be subject to different regulations.
Under Subtitle C, land disposal of hazardous waste is prohibited unless the waste is first treated to meet
certain treatment standards or other conditions are met.57 Specifically, Subtitle C includes federal
minimum standards applicable to hazardous waste generators and transporters and owners and operators
of hazardous waste treatment, storage, and disposal facilities (TSDFs), as well as a permit program
applicable to TSDFs.58 All states except Alaska and Iowa administer their own hazardous waste
management program for issuing permits and enforcing laws and regulations for hazardous waste
facilities and practices.
Is Recycling of Plastic Products Regulated at the Federal Level?59
The federal government does not regulate recycling of plastics or administer a national recycling system.
It does provide information and other resources to promote recycling. In the United States, states and
local governments administer recycling programs for plastic and other solid wastes. At the federal level,
EPA’s role generally involves providing guidance and public information on plastic recycling. 60 For
example, EPA has released a model recycling toolkit for states, local governments, nonprofits, and other
organizations to create recycling programs and increase program participation.61
In 2021, EPA released its National Recycling Strategy.62 In developing the strategy, EPA consulted with
other federal agencies, sought stakeholder input, and invited public comment. The National Recycling
Strategy includes objectives designed to expand recycling of MSW (including plastics, glass, metals, and
paper) in the United States, and supports the National Recycling Goal to increase the recycling rate of all
wastes to 50% by 2030. The five national objectives are (1) enhance the feasibility of commercial markets
for commodities of recycled or recyclable materials; (2) increase collection and improve materials
management infrastructure; (3) reduce contamination in the recycled materials stream; (4) enhance
policies to support circularity; and (5) standardize measurement of recycled materials and increase data
collection.63 The National Recycling Strategy outlines options for policies, programs, and voluntary
actions to be undertaken by federal agencies and other stakeholders such as local governments, recycling
industries, and community groups. At the time the National Recycling Strategy was released, EPA
indicated its intention to develop an implementation plan that will provide more detail on the activities
and entities that could be involved in working to achieve the strategy’s objectives.64
56 Emma L. Teuten et al., “Transport and Release of Chemicals from Plastics to the Environment and to Wildlife,” Philos. Trans.
R. Soc. Lond. B Biol. Sci., vol. 364, no. 1525 (July 27, 2009).
57 42 U.S.C. §6924(d).
58 42 U.S.C. §§6921-6939g.
59 Angela C. Jones, Analyst in Environmental Policy, authored this section.
60 See, for example, recycling information at EPA, “How Do I Recycle Common Recyclables,” https://www.epa.gov/recycle/
how-do-i-recycle-common-recyclables#pla and https://www.epa.gov/trash-free-waters/frequently-asked-questions-about-plasticrecycling-and-composting.
61 EPA, “Model Recycling Program Toolkit,” https://www.epa.gov/circulareconomy/model-recycling-program-toolkit.
62 EPA, National Recycling Strategy: Part One of a Series on Building a Circular Economy for All, EPA-530-R-21-003,
https://www.epa.gov/system/files/documents/2021-11/final-national-recycling-strategy.pdf (hereinafter EPA, National Recycling
Strategy).
63 EPA, National Recycling Strategy.
64 As of December 6, 2024, EPA had not released an implementation plan.
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In November 2024, as directed by Congress in Section 301 of the Save Our Seas 2.0 Act (P.L. 116-224),
EPA released the National Strategy to Prevent Plastic Pollution.65 In the national strategy, EPA outlines
options for federal, state, and local governments (and other stakeholders) to reduce plastic waste
generation and improve the management of plastic waste. This could include reducing the production and
consumption of single-use plastic products; increasing public understanding of plastic waste impacts and
how to appropriately manage plastic products; supporting state, local, and tribal government waste
management activities; and developing a national extended producer responsibility framework for plastic
products, among other options.66
What Is Chemical (i.e., Advanced) Recycling?67
Chemical or advanced recycling is the chemical decomposition of plastic waste into its monomers and
basic chemical building blocks.68 These monomers and basic chemicals can be reused for polymerization
to produce plastics or possibly as feedstock for the synthesis of other chemicals and fuels.69 While
traditional recycling involves mechanical processes like grinding and remolding plastic into new objects,
chemical recycling processes plastic waste into plastic feedstocks, monomers, or purified polymers that
can create new plastic with properties like virgin (or unused) resins. Plastic recyclers view chemical
recycling as helping to advance circularity.70
While chemical recycling is not as sensitive to contaminants as mechanical recycling, it has a higher cost
and produces other wastes, including air emissions (i.e., criteria and hazardous air pollutants).71
Furthermore, the feedstocks produced from chemical recycling may contain impurities that hinder their
use in the production of fuels.72
65 EPA, National Strategy to Prevent Plastic Pollution.
66 EPA, National Strategy to Prevent Plastic Pollution.
67 Omar M. Hammad, Analyst in Environmental Policy, authored this section.
68 Demetres Briassoulis, Anastasia Pikasi, and Miltiadis Hiskakis, “End-of-Waste Life: Inventory of Alternative End-of-Use
Recirculation Routes of Bio-Based Plastics in the European Union Context,” Critical Reviews in Environmental Science and
Technology, vol. 49, issue 20 (2019), pp. 1835-1892 (hereinafter Briassoulis, “End-of-Waste Life”). The term advanced recycling
is used synonymously by plastic recyclers to describe chemical recycling; see ACC, “Advanced Recycling,”
https://www.americanchemistry.com/better-policy-regulation/plastics/advanced-recycling.
69 Briassoulis, “End-of-Waste Life.” The term polymerization may be defined as “a process in which small molecules called
monomers combine to produce a large network of molecules called a polymer.” ScienceDirect, “Polymerization,”
https://www.sciencedirect.com/topics/engineering/polymerization.
70 ACC, “Advanced Recycling Explainer,” https://plasticmakers.org/wp-content/uploads/2022/07/Advanced-RecyclingExplainer-032023.pdf.
71 Mechanical recycling is more sensitive to contamination because the process involves grinding and melting plastic waste,
meaning contaminants such as food residues, labels, and other non-plastic materials will hinder the recycling process. For more
information, see Briassoulis, “End-of-Waste Life.” For a discussion on pyrolysis/combustion units and the processing of plastic
waste, see EPA, “Other Solid Waste Incinerators (OSWI): New Source Performance Standards (NSPS) and Emission Guidelines
(EG) for Existing Sources,” https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-newsource-performance (hereinafter EPA, “Other Solid Waste Incinerators”). For additional information regarding criteria and
hazardous air pollutants, see EPA, “Managing Air Quality—Air Pollutant Types,” https://www.epa.gov/air-quality-managementprocess/managing-air-quality-air-pollutant-types.
72 See EPA, “EPA Proposes New Protections for Communities from Fuels Made Using Plastic Waste Based Feedstocks,”
https://www.epa.gov/chemicals-under-tsca/epa-proposes-new-protections-communities-fuels-made-using-plastic-waste-based.
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Plastic Pollution and Environmental Impacts FAQs
How Are Air Emissions from the Chemical Recycling of Plastics
Regulated Under the Clean Air Act?73
As discussed above, chemical recycling of plastics can release emissions, contributing to air pollution.
EPA regulates chemical recycling under the Clean Air Act (CAA) primarily by classifying certain
chemical recycling processes, such as pyrolysis and gasification, as incineration.74 According to EPA,
pyrolysis is a thermal process where materials are decomposed at high temperatures “with extremely little
to no” oxygen, producing a mix of solid, liquid, and gaseous products. Gasification is a similar process
that uses a limited amount of oxygen to primarily generate a combustible gas called syngas, transforming
plastic waste into usable energy sources like fuels or chemical commodities.75 Pyrolysis and gasification
units are used for chemical recycling and “are used to convert solid or semi-solid feedstocks—including
solid waste, biomass, plastics, tires, and organic contaminants in soils and oily sludges—to useful
products such as energy, fuels and chemical commodities,” according to EPA.76
The CAA seeks to protect human health and the environment from emissions that pollute ambient, or
outdoor, air. The CAA requires EPA to establish minimum national standards for air quality, and assigns
primary responsibility to the states to assure compliance with national standards.77 The CAA requires EPA
to establish performance standards for categories of sources, including “for each category of solid waste
incineration units,” that cause, or contribute significantly to, air pollution that may reasonably be
anticipated to endanger public health or welfare.78 In 1993, EPA listed Other Solid Waste Incineration
(OSWI) units as a category of solid waste incineration.79 In 2005, EPA considered pyrolysis units, within
the very small MSW incinerator and institutional waste incinerator subcategories, as covered units under
their OSWI Rule.80 In 2020, EPA proposed to modify the definitions in the OSWI standards to remove
reference to “pyrolysis/combustion units.”81 EPA later withdrew the proposal in 2023, noting adverse
73 Omar M. Hammad, Analyst in Environmental Policy, authored this section.
74 The Clean Air Act (CAA), codified at 42 U.S.C. §§7401 et seq. EPA’s definition of a municipal waste combustion unit
includes “pyrolysis/combustion units” and the definition of other solid waste incinerator (OSWI) includes very small municipal
waste combustion units; 40 C.F.R. §60.2977.
75 EPA, “Potential Future Regulation Addressing Pyrolysis and Gasification Units,” 86 Federal Register 50296, September 8,
2021.
76 See EPA, “Advance Notice of Proposed Rulemaking on Pyrolysis and Gasification Units,” https://www.epa.gov/stationarysources-air-pollution/advance-notice-proposed-rulemaking-pyrolysis-and-gasification.
77 For further information on the Clean Air Act, see CRS Report RL30853, Clean Air Act: A Summary of the Act and Its Major
Requirements, by Richard K. Lattanzio.
78 42 U.S.C. §7429. For further information on new source performance standards, see EPA, “Demonstrating Compliance with
New Source Performance Standards and State Implementation Plans,” https://www.epa.gov/compliance/demonstratingcompliance-new-source-performance-standards-and-state-implementation-plans.
79 See EPA, “Other Solid Waste Incinerators.”
80 EPA notes, “Some of these types of units may well be covered under the CAA section 129 final OSWI rules. For example,
pyrolysis/combustion units (two chamber incinerators with a starved air primary chamber followed by an afterburner to complete
combustion) within the VSMWC and IWI subcategories are considered OSWI units.” See EPA, “Standards of Performance for
New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units,” 70 Federal
Register 74876, December 16, 2005.
81 See EPA, “Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid
Waste Incineration Units Review,” 85 Federal Register 54178, August 31, 2020.
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comments received on the proposal and “ongoing questions about the regulation of pyrolysis/combustion
units.”82
What Recent Actions Have EPA and Congress Taken Regarding Chemical
Recycling Air Emissions?83
On September 8, 2021, EPA issued an advance notice of proposed rulemaking (ANPRM) as a means to
gain a comprehensive understanding of the emissions from chemical recycling units. EPA plans to use this
information to help determine if future CAA regulations or changes to existing regulations are
warranted.84 EPA received over 170 comments on the notice and had several discussions with
stakeholders during the comment period.85 In 2023, EPA noted that
based on discussions with stakeholders and our review of the comments on the ANPRM and OSWI
proposal as well as current scientific literature on the topic it is evident that pyrolysis is a complex
process that is starting to be used in many and varied industries. The EPA will need significant time
and personnel resources to fully analyze the comments and evaluate all current information sources
to gain a technical and regulatory understanding of the pyrolysis process.86
On July 14, 2022, 35 Members of Congress sent a bicameral letter to EPA expressing their “concern over
recent investments in chemical recycling as a means to manage our growing plastic pollution crisis.”87 In
the letter, they urged EPA to obtain information on emissions from chemical recycling facilities, noting
that “communities located near these facilities need to know what chemicals they are being exposed to.”88
What Are the Greenhouse Gas Emissions from the Plastics Lifecycle?89
Greenhouse gases (GHGs) are emitted throughout the plastics lifecycle. Fossil fuels are used in the
production of plastic, and the extraction and transport of these fuels for this purpose produces GHG
emissions.90 The refining and manufacture of plastics is energy intensive and also results in the emissions
82 See EPA, “Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid
Waste Incineration Units Review; Withdrawal of Proposed Provision Removing Pyrolysis/Combustion Units,” 88 Federal
Register 36524, June 5, 2023. The current OSWI regulations are listed in 40 C.F.R. Part 60 Subpart EEEE for the standards of
performance for new OSWI units and 40 C.F.R. Part 60 Subpart FFFF for emissions guidelines for existing OSWI units.
83 Omar M. Hammad, Analyst in Environmental Policy, authored this section.
84 See EPA, “Potential Future Regulation Addressing Pyrolysis and Gasification Units,” 86 Federal Register 50296, September 8,
2021.
85 See EPA, “Advance Notice of Proposed Rulemaking on Pyrolysis and Gasification Units,” https://www.epa.gov/stationarysources-air-pollution/advance-notice-proposed-rulemaking-pyrolysis-and-gasification.
86 See EPA, “Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid
Waste Incineration Units Review; Withdrawal of Proposed Provision Removing Pyrolysis/Combustion Units,” 88 Federal
Register 36524, June 5, 2023.
87 Letter from 35 Members of Congress to The Honorable Michael S. Regan, EPA Administrator, 2022,
https://www.booker.senate.gov/imo/media/doc/booker_huffman_lowenthal_lead_35_colleagues_in_letter_raising_concerns_
over_climate__environmental_justice_risks_of_chemical_recycling_of_plastics1.pdf (hereinafter Letter from 35 Members of
Congress to The Honorable Michael S. Regan, EPA Administrator, 2022).
88 Letter from 35 Members of Congress to The Honorable Michael S. Regan, EPA Administrator, 2022. Congress also introduced
a bill that would define advanced recycling as a manufacturing process and not as a waste management or incineration process.
Accelerating a Circular Economy for Plastics and Recycling Innovation Act of 2024, H.R. 9676, 118th Congress (2024).
89 Jonathan D. Haskett, Analyst in Environmental Policy, authored this section.
90 Center for International Environmental Law (CIEL), Plastic & Climate: The Hidden Costs of a Plastic Planet, 2019,
https://www.ciel.org/wp-content/uploads/2019/05/Plastic-and-Climate-FINAL-2019.pdf (hereinafter CIEL, Plastic & Climate).
OECD, Global Plastics Outlook: Economic Drivers, Environmental Impacts, and Policy Options, p. 36.
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of GHGs.91 The management of plastic waste through recycling, incineration, and landfilling produces
emissions of GHGs as well.92
OECD estimated that GHG emissions from the global plastic lifecycle in 2019 (the most recent year
included in the OECD report) were approximately 2 gigatons of carbon dioxide equivalent (CO2e),
approximately 4% of global GHG emissions for that year.93 Approximately 90% of these plastic lifecycle
emissions are attributable to the production and conversion of fossil fuels into plastic products.94 The
waste management stage of the plastic lifecycle generated about 10% of the lifecycle emissions, with
incineration accounting for more than 70% of the waste management contribution.95 OECD projects that
by 2060, global plastic lifecycle emissions may more than double in a baseline scenario, which models
the environmental effects of continuing current policies (those implemented as of 2019) on plastics and
waste management.96
What Are the Sources of Freshwater and Marine Plastic Pollution?97
Plastics can leak into the environment across the plastic lifecycle, from a variety of sources during the
production, manufacturing, use, and post-use disposal phases, leading to plastic pollution. Macroplastics,
which are plastics with a diameter of 5 millimeters or more, leak almost entirely from mismanaged waste,
including litter.98 This waste can make its way to waterways via wind or stormwater from rainfall carrying
it through storm drains, streams, canals, and rivers.99 Streams and rivers can ultimately carry these plastics
to the ocean. Additionally, plastic waste may be intentionally or unintentionally disposed of directly into
fresh waterbodies or the ocean, both along shorelines or via vessels.100
Microplastics are plastic particles with a diameter of less than 5 millimeters, including nanoplastics,
which are less than 1 micrometer (i.e., cannot be seen by the human eye).101 Microplastics may be
categorized as either primary or secondary microplastics. Primary microplastics are manufactured
intentionally to be small, such as the pre-production plastic pellets that are melted and used to create
plastic products.102 These primary microplastics can be a source of leakage when they spill during
transportation or are carried by stormwater runoff from facilities that produce them. In addition,
91 CIEL, Plastic & Climate.
92 CIEL, Plastic & Climate.
93 OECD, Global Plastics Outlook: Policy Scenarios to 2060, 2022, pp. 134-135, https://www.oecd.org/en/publications/global-
plastics-outlook_aa1edf33-en.html. Carbon dioxide equivalents account for the different warming impacts of different GHGs.
The influence of GHGs on global temperatures arises from the combined effect of carbon dioxide (CO2) and the other non-CO2
GHGs. The combined influence of all GHGs may be determined by normalizing the global warming potentials of the GHGs to
the global warming potential of CO2. This results in a metric of carbon dioxide equivalent (CO2e) to compare across GHGs.
94 OECD, Global Plastics Outlook: Policy Scenarios to 2060, pp. 134-135.
95 OECD, Global Plastics Outlook: Policy Scenarios to 2060, pp. 134-135.
96 OECD, Global Plastics Outlook: Policy Scenarios to 2060, pp. 17, 24, 43, 134-135.
97 Laura Gatz, Specialist in Environmental Policy, authored this section.
98 OECD, Global Plastics Outlook: Economic Drivers, Environmental Impacts, and Policy Options, p. 21.
99 EPA, “Trash Free Waters: Learn About Aquatic Trash,” https://www.epa.gov/trash-free-waters/learn-about-aquatic-trash
(hereinafter EPA, “Trash Free Waters: Learn About Aquatic Trash”).
100 EPA, “Trash Free Waters: Learn About Aquatic Trash.” See also National Oceanic and Atmospheric Administration (NOAA),
“Marine Debris Program: Where Does Marine Debris Come From?” https://marinedebris.noaa.gov/discover-marine-debris/
where-does-marine-debris-come.
101 EPA, “Microplastics Research,” https://www.epa.gov/water-research/microplastics-research. See also NOAA, “Marine Debris
Program: Microplastics,” https://marinedebris.noaa.gov/what-marine-debris/microplastics.
102 Microbeads in personal care products are another example of primary microplastics. In December 2015, Congress passed the
Microbead-Free Waters Act (P.L. 114-114) to ban the manufacture, packaging, and distribution of rinse-off cosmetic products
that contain plastic microbeads in the United States.
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macroplastics may degrade or break down over time, for example, by sun, heat, wind, and waves, to form
secondary microplastics.103 Secondary microplastics in waterways may come from a variety of sources,
such as degradation of mismanaged plastic, tire abrasion on roads, or microfibers shed from synthetic
clothing during laundering. These secondary microplastics may reach both freshwater and marine
waterways via diverse pathways including wind, treated wastewater effluent, wastewater sludge, and
stormwater runoff.
Both macroplastics and microplastics pose risks to the environment, including in freshwater and marine
ecosystems. Some of the impacts of concern include wildlife ingesting plastic or becoming entangled in
plastic waste, which can lead to suffocation or starvation. Microplastics are also persistent and may
accumulate in the environment—such as in deep ocean sediments, water columns of oceans and lakes,
soils, or the atmosphere—and in organisms (both humans and wildlife).
What Is Marine Debris?104
Congress has defined marine debris, also known as marine litter and anthropogenic debris, to include
“any persistent solid material that is manufactured or processed and directly or indirectly, intentionally or
unintentionally, disposed of or abandoned into the marine environment or the Great Lakes.”105 Marine
debris can be made of plastic, glass, metal, or wood. According to the National Oceanic and Atmospheric
Administration (NOAA), plastic is the most abundant type of marine debris in shoreline and oceanic
surveys in the United States.106 Plastic debris comes in a variety of sizes and types, ranging from
microplastics to macroplastics, such as food wrappers, bottles, bags, foam materials, and fishing gear.
Congress has directed NOAA or the Secretary of Commerce (through NOAA) to lead federal government
efforts to address marine debris and has enacted additional marine-debris-related legislation in recent
years. (See “What Federal Laws Provide Agencies the Authority to Address Marine Debris, Including
Plastic Pollution?”)
How Is Plastic Pollution Regulated Under the Clean Water Act?107
The Clean Water Act (CWA) is the principal federal statute governing pollution of the nation’s surface
waters.108 EPA and states jointly administer and enforce aspects of the statute through its cooperative
federalism framework. The CWA regulates discharges of pollutants into waters of the United States.
Among the statute’s mechanisms that may be used to address plastic pollution are water quality standards,
a permitting program for wastewater and stormwater point source discharges (i.e., the National Pollutant
Discharge Elimination System, or NPDES permitting program), and a nonpoint source management
program for more diffuse sources of pollution.109 The statute also has established nonregulatory placebased restoration programs, including the National Estuary Program and a number of CWA Geographic
Programs, such as the Great Lakes Restoration Initiative and Chesapeake Bay Program.110 These placebased programs encompass broader collaborative efforts (among federal, state, local, and
nongovernmental entities) to improve some of the nation’s aquatic resources that Congress, EPA, and
103 NOAA, “Marine Debris Program: Microplastics,” https://marinedebris.noaa.gov/what-marine-debris/microplastics.
104 Eva Lipiec, Specialist in Natural Resource Policy, authored this section. For more information, see CRS In Focus IF10967,
Marine Debris: NOAA’s Role, by Eva Lipiec.
105 33 U.S.C. §1956.
106 NOAA, “Marine Debris Program: Plastic,” https://marinedebris.noaa.gov/what-marine-debris/plastic.
107 Laura Gatz, Specialist in Environmental Policy, authored this section.
108
33 U.S.C. §§1251 et seq.
109 33 U.S.C. §§1311, 1313, 1329, and 1342.
110 33 U.S.C. §§1267-1270, 1273, 1275, 1276a, 1276b, 1330.
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states have identified as economically and ecologically valuable.111 Place-based programs may address a
wide variety of water quality concerns, including plastic pollution. EPA and states may use some of their
authorities under the CWA to address trash (including macroplastics) as well as microplastics.
Trash and Macroplastics
EPA and states may use some of the CWA’s regulatory tools to address trash, including macroplastics.
Some states have established water quality standards for trash, and have listed waterbodies as impaired
(i.e., not meeting water quality standards) for trash.112 Under the CWA, states are required to establish a
Total Maximum Daily Load (TMDL), which is essentially a pollution budget, or take other measures to
address impaired waters and the sources of pollutants.113 According to EPA, a few states have established
trash TMDLs for waterbodies within those states.114
Under the CWA, National Pollutant Discharge Elimination System (NPDES) stormwater permits also
may be used to set standards to limit the amount of trash from stormwater outfalls into receiving
waterbodies, such as rivers and streams. The statute does not require the use of these regulatory
mechanisms, but they are available as a tool to help address trash and plastic. In 2021, EPA published a
compendium as a resource for NPDES stormwater permit writers to provide tools and information that
can be used in developing trash-related provisions for stormwater permits.115 The compendium includes
examples from 21 existing stormwater permits from across the nation that include trash-related
provisions.
States may also manage trash and plastics from nonpoint sources of pollution through their state nonpoint
source management programs, which receive federal grant funding through the CWA Section 319 Grant
program.116
Microplastics
EPA and states also may use available CWA authorities to address microplastic in waters of the United
States.117 The CWA requires EPA to publish national technology-based regulations for industrial
dischargers called Effluent Limitation Guidelines and Standards (ELGs), which set minimum standards
111 EPA, “Estuaries and National Estuary Program,” https://www.epa.gov/nep; and EPA, “Geographic Programs,”
https://www.epa.gov/water-infrastructure/geographic-programs.
112 According to EPA’s Office of Inspector General, between 1996 and 2021, 320 individual waterbody segments in 10 states and
the District of Columbia were listed as impaired for trash, debris, or floatables. EPA Office of Inspector General, EPA Helps
States Reduce Trash, Including Plastic, in U.S. Waterways but Needs to Identify Obstacles and Develop Strategies for Further
Progress, Report No. 21-P-0130, May 11, 2021, p. 6, https://www.epa.gov/sites/default/files/2021-05/documents/_epaoig_
20210511-21-p-0130.pdf (hereinafter EPA OIG, EPA Helps States Reduce Trash). Once a waterbody is listed as impaired for a
pollutant, the waterbody remains listed until the state delists it in accordance with CWA regulations, subject to EPA approval.
See 40 C.F.R. §130.7.
113 33 U.S.C. §1313(d).
114 EPA OIG, EPA Helps States Reduce Trash. Alaska, California, Maryland, and the District of Columbia have established Total
Maximum Daily Loads (TMDLs) for trash.
115 EPA, Trash Stormwater Permit Compendium, EPA-841-R-21-001, April 2021, https://www.epa.gov/system/files/documents/
2021-09/ms4_trash_compendium_april-2021-with-pub-number_0.pdf.
116 EPA, “319 Grant Program for States and Territories,” https://www.epa.gov/nps/319-grant-program-states-and-territories. See,
for example, “Nonpoint Source Success Story: District of Columbia, Stream Restoration and Trash Removal Efforts Improve
Nash Run,” https://www.epa.gov/sites/default/files/2019-12/documents/dc_nash_run_1684_508.pdf.
117 For further information on Clean Water Act (CWA) authorities available to address emerging contaminants, such as
microplastics, see CRS Report R45998, Contaminants of Emerging Concern Under the Clean Water Act, by Laura Gatz. States
may also use their own state authorities to protect additional waters that do not fall under the federal jurisdictional scope of the
CWA.
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for specific pollutants in industrial wastewater discharges.118 EPA or states incorporate these limits into
the NPDES permits. The CWA also requires EPA to develop and publish water quality criteria for surface
water, which are recommendations to states for use in developing their state water quality standards.119
States use these water quality standards to protect and restore their waters and to inform water-qualitybased effluent limits in NPDES permits. EPA and states may also include technology-based limits or
water-quality-based limits in NPDES permits on a case-by-case basis even when EPA has not established
ELGs and/or water quality criteria for a given pollutant.
To date, EPA has not established ELGs or water quality criteria for microplastics. As is often the case with
emerging contaminants like microplastics, EPA faces some challenges in establishing such ELGs or
criteria. One of the key challenges for microplastics is a lack of available standardized analytical methods
that are reliable, reproducible, and representative to extract, characterize, and quantify microplastics (and
nanoplastics).120 The lack of such standardized analytical methods also limits the data available to
characterize exposure and impacts of microplastics to both aquatic life and human health.
EPA convened an expert workshop in 2017 to identify and prioritize the scientific information needed to
understand the risks posed by microplastics.121 In 2021, EPA published an update on these priority
microplastics research needs.122 The update’s findings indicated that each of the priority research topics
identified by the 2017 workshop remained relevant.123 These research topics include analytical methods;
sources, transport, and fate; environmental assessments; and human health assessments. The EPA Office
of Research and Development’s Strategic Research Action Plan (StRAP) for FY2023-2026 for the Safe
and Sustainable Water Resources Research Program identifies microplastics as a priority research area for
protecting and restoring water resources.124 Specifically, the StRAP states that “research is needed to
address knowledge gaps on the growing concern of microplastic pollution, including research advancing
methodologies, models, and tools to elucidate exposure and impacts of microplastics on human health and
aquatic resources.”125
EPA has taken steps to address pre-production microplastic under its NPDES stormwater permit program.
Specifically, EPA’s multisector general permit for industrial stormwater discharges includes requirements
for facilities that handle pre-production microplastics to implement control measures to reduce and
eliminate discharges of plastic material in stormwater.126
118 33 U.S.C. §§1314(b), 1316(b), 1317(b)-(c). EPA issues ELGs for categories of industrial dischargers. Since 1972, EPA has
promulgated ELGs for 59 industrial categories.
119 33 U.S.C. §1314(a)(1).
120 EPA, “Advanced Ambient Water Quality Research,” https://www.epa.gov/water-research/advanced-ambient-water-qualityresearch#Environmental%20Health%20Effects%20of%20Microplastics.
121 EPA Office of Wetlands, Oceans, and Watersheds, Microplastics Expert Workshop Report, December 2017,
https://www.epa.gov/sites/default/files/2018-03/documents/microplastics_expert_workshop_report_final_12-4-17.pdf.
122 EPA Office of Wetlands, Oceans, and Watersheds, A Trash Free Waters Report on Priority Microplastics Research Needs:
Update to the 2017 Microplastics Expert Workshop, EPA-842-R-21-005, December 2021, https://www.epa.gov/system/files/
documents/2021-12/tfw-report-on-priority-microplastics-research-needs_0.pdf (hereinafter EPA, A Trash Free Waters Report on
Priority Microplastics Research Needs).
123 EPA, A Trash Free Waters Report on Priority Microplastics Research Needs, pp. 1-2.
124 EPA, Office of Research and Development, Safe and Sustainable Water Resources: Strategic Research Action Plan, Fiscal
Years 2023-2026, EPA/600/R-22/242, October 2022, pp. 6-8, https://www.epa.gov/system/files/documents/2022-10/SSWR%20
FY23-26%20StRAP_EPA-ORD_October%202022_508.pdf (hereinafter EPA, ORD Safe and Sustainable Water Resources:
Strategic Research Action Plan, Fiscal Years 2023-2026).
125 EPA, ORD Safe and Sustainable Water Resources: Strategic Research Action Plan, Fiscal Years 2023-2026.
126 EPA, NPDES Multi-Sector General Permit (MSGP) for Stormwater Discharges Associated with Industrial Activity Fact
Sheet, 2021, p. 39, https://www.epa.gov/sites/default/files/2021-01/documents/2021_msgp_-_fact_sheet.pdf.
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What Federal Laws Provide Agencies the Authority to Address Marine
Debris, Including Plastic Pollution?127
In 2006, Congress passed the Marine Debris Research, Prevention, and Reduction Act (P.L. 109-449).128
Congress amended the act through the Marine Debris Act Amendments of 2012 (P.L. 112-213, Title VI)
and renamed it the Marine Debris Act. Since then, the act has been amended three additional times. 129
Congress most recently enacted the Save Our Seas 2.0 Act (SOS 2.0 Act), which amended the Marine
Debris Act and mandated several activities across federal agencies.
Marine Debris Act
The purpose of the Marine Debris Act is to “address the adverse impacts of marine debris on the [U.S.]
economy, the marine environment…, and navigation safety through the identification, determination of
sources, assessment, prevention, reduction, and removal of marine debris.”130 The law is primarily
administered by NOAA, as well as by the U.S. Coast Guard. The law established the Marine Debris
Program at NOAA “to identify, determine sources of, assess, prevent, reduce, and remove marine debris
and address the adverse impacts of marine debris on the economy of the United States, the marine
environment, and navigation safety.”131 According to NOAA, the Marine Debris Program achieves its
mission through five main pillars: removal, prevention, research, regional coordination, and emergency
response.132
The Marine Debris Act also established the Interagency Marine Debris Coordinating Committee
(IMDCC) with senior officials from at least six federal departments and agencies.133 The IMDCC was
established to coordinate marine debris research and activities across the federal government in
cooperation and coordination with nonfederal entities.134
Save Our Seas 2.0 Act
Congress passed the SOS 2.0 Act in 2020, a successor to the Save Our Seas Act of 2018 (SOS Act of
2018; P.L. 115-265). In addition to amending the Marine Debris Act, the SOS 2.0 Act mandated activities
across several federal agencies. These activities include
•
•
establishing the Marine Debris Foundation;135
developing the Genius Prize for Save Our Seas Innovations administered by the Secretary
of Commerce;136
127 Eva Lipiec, Specialist in Natural Resource Policy, authored this section.
128 33 U.S.C. §§1951 et seq.
129 Since 2012, the Marine Debris Act has been amended by the Save Our Seas Act of 2018 (SOS Act of 2018; P.L. 115-265), the
Save Our Seas 2.0 Act (SOS 2.0 Act; P.L. 116-224) in 2020, and the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 (P.L. 117-263, §11328).
130 33 U.S.C. §1951.
131 33 U.S.C. §1952(a). For more information about the Marine Debris Program, see NOAA, “Marine Debris Program,”
https://marinedebris.noaa.gov/.
132 NOAA, NOAA Marine Debris Program Fact Sheet, https://marinedebris.noaa.gov/fact-sheets/noaa-marine-debris-programfact-sheet.
133 33 U.S.C. §1954. The committee includes senior officials from NOAA (who also serves as the chairperson of the committee),
EPA, U.S. Coast Guard, U.S. Navy, Department of State, Department of the Interior, and other relevant agencies.
134
33 U.S.C. §1954(a).
135 33 U.S.C. §§4211 et seq.
136 33 U.S.C. §§4231 et seq.
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•
•
•
directing the IMDCC, Under Secretary of Commerce, National Institute of Standards and
Technology (NIST), EPA Administrator, and Secretary of Transportation, in some cases
individually and others jointly, to complete a series of reports on plastic pollution,
recycling, reuse, and waste management;137
setting U.S. policy on international cooperation to “combat” marine debris;138 and
authorizing the EPA Administrator to provide grants for domestic post-consumer
materials management; for improvements to reduce and remove plastic and postconsumer materials from drinking water, drinking water sources, and wastewater; and for
“trash-free waters” projects that address solid waste and post-consumer materials in
waterways.139
For a list of reports required by Congress under the SOS 2.0 Act, see Table A-1.
How Does the Toxic Substances Control Act Apply to Chemicals
Associated with Plastics Production and Use?140
Title I of the Toxic Substances Control Act (TSCA) authorizes EPA to gather information on a broad
universe of industrial and commercial chemicals, including those generally associated with plastics
production and use.141 Title I of TSCA directs EPA to use the information that the agency has gathered to
evaluate chemicals for unreasonable risks of injury to human health or the environment that may warrant
regulating any part of a chemical’s lifecycle (i.e., manufacture, importation, processing, distribution, use,
and disposal) to eliminate such risks.142
Polymers, such as PET and PVC, are the chemical substances that predominantly make up plastic
products by volume and mass.143 Polymers are generally understood to present a lower risk to human
health and the environment than other chemicals due to their relatively high molecular weight and size.144
Based on these characteristics, polymers are unlikely to react biologically or are inert (i.e., chemically
inactive). For this reason, under Title I of TSCA, EPA generally has focused its attention on gathering
information and determining whether regulation may be warranted for chemicals understood to have
relatively greater risk than polymers, such as chemicals used to produce polymers (e.g., 1,2dichloroethane, vinyl chloride) and other chemicals that may be intentionally added to plastics (e.g.,
plasticizers, flame retardants, pigments) to obtain certain desired properties.145 EPA also has identified
137 Not codified in the U.S. Code. See P.L. 116-224, §§131-136 and 303-307.
138 33 U.S.C. §4261.
139 33 U.S.C. §4282.
140 Jerry H. Yen, Analyst in Environmental Policy, authored this section.
141 15 U.S.C. §§2601 et seq. For more information on Title I of the Toxic Substances Control Act (TSCA), see CRS Report
R45149, Title I of the Toxic Substances Control Act (TSCA): A Summary of the Statute, by Jerry H. Yen and Kate R. Bowers.
142 15 U.S.C. §§2604 and 2605.
143 UNEP and Secretariat of the Basel, Rotterdam, and Stockholm Conventions, Chemicals in Plastics: A Technical Report
(Geneva, Switzerland: UNEP, 2023), p. 6.
144 See EPA, “Premanufacture Notification Exemptions; Exemptions for Polymers,” 49 Federal Register 46066-46091,
November 21, 1984, for the agency’s discussion on exempting polymers from new chemical notification requirements based on
multiple factors, including relative molecular weight.
145 In December 2019, EPA designated, among other chemicals, 1,2-dichloroethane as high-priority for risk evaluation under
TSCA. See EPA, “High-Priority Substance Designations Under the Toxic Substances Control Act (TSCA) and Initiation of Risk
Evaluation on High-Priority Substances; Notice of Availability,” 84 Federal Register 71924-71935, December 30, 2019. In July
2024, EPA proposed to designate five chemicals, including vinyl chloride, as high-priority for risk evaluation under TSCA. See
EPA, “Proposed High-Priority Substance Designations Under the Toxic Substances Control Act (TSCA); Notice of Availability,”
(continued...)
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specific polymer characteristics that would warrant scrutiny if a manufacturer sought to introduce into
commerce a polymer with such characteristics.146 In addition, EPA has more recently evaluated risks
associated with pyrolysis products of plastic wastes.147 Industry has referred to this process as a form of
advanced recycling or chemical recycling due to the potential for using these pyrolysis products for
making plastic products (see “What Is Chemical (i.e., Advanced) Recycling?”).
EPA has promulgated regulations under Title I of TSCA to prohibit or restrict the manufacture,
processing, distribution, use, or disposal of certain existing chemicals associated with plastics
production.148 EPA also has promulgated regulations that require notification to the agency for instances
in which a manufacturer wishes to reintroduce certain chemicals that have been phased out from plastics
production back into commerce.149 Notification provides EPA the opportunity to evaluate the proposed
reintroduction of such chemicals to determine whether regulatory action to prohibit or restrict the
manufacture, processing, distribution, use, or disposal of that particular chemical may be warranted. For
example, EPA promulgated such a notification requirement for di-n-pentyl phthalate, which previously
was used in the production of PVC.150 If EPA finds that existing information is insufficient to evaluate the
risks associated with particular chemicals, Title I of TSCA authorizes EPA to promulgate rules or issue
orders requiring manufacturers and processors to generate and submit specific information deemed
necessary to evaluate the risks associated with such chemicals.151 For chemicals that EPA has prioritized
for risk evaluation, including certain chemicals associated with plastics production, the agency generally
has issued orders to require additional testing.152
With respect to international trade, regulations promulgated under Title I of TSCA to restrict a chemical
also apply to the importation of that chemical.153 The U.S. Customs and Border Protection, an agency of
the U.S. Department of Homeland Security, works with EPA to ensure that chemical imports into the
United States comply with these regulations. For exports, any person who exports or intends to export a
chemical subject to certain TSCA regulations is required to notify EPA, which, in turn, is directed to
provide notice about the export activity and associated EPA regulations to the government of the country
receiving the export.154 Under Title I of TSCA, a manufacturer may produce and export a chemical that
has been prohibited in the United States to another country if the chemical is clearly labeled for export
and notification requirements to the other country have been met.155
89 Federal Register 60420-60424, July 25, 2024. For a list of chemical substances that EPA has designated as high-priority for
risk evaluation under TSCA, see EPA, “Ongoing and Completed Chemical Risk Evaluations under TSCA,” accessed November
25, 2024, https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/ongoing-and-completed-chemical-riskevaluations-under.
146 40 C.F.R. §723.250.
147 See, for example, EPA, “EPA Proposes New Protections for Communities from Fuels Made Using Plastic Waste Based
Feedstocks,” press release, June 15, 2023, https://www.epa.gov/chemicals-under-tsca/epa-proposes-new-protectionscommunities-fuels-made-using-plastic-waste-based.
148 For example, see 40 C.F.R. Part 761 for the regulation of polychlorinated biphenyls (PCBs), 40 C.F.R. §751.405 for the
regulation of decabromodiphenyl ether (decaBDE), and 40 C.F.R. §751.407 for the regulation of phenol, isopropylated phosphate
(3:1).
149 TSCA Section 5 (15 U.S.C. §2604) generally authorizes EPA to promulgate significant new use rules (SNURs) that require
notification to the agency for instances in which a manufacturer wishes to reintroduce a chemical that has been phased out back
into commerce.
150 40 C.F.R. §721.10226.
151 15 U.S.C. §2603(a).
152 See EPA, “List of Chemicals Subject to Section 4 Test Orders,” https://www.epa.gov/assessing-and-managing-chemicalsunder-tsca/list-chemicals-subject-section-4-test-orders.
153
15 U.S.C. §2612.
154 15 U.S.C. §2611.
155 15 U.S.C. §2611.
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To prevent duplication, the scope of Title I of TSCA does not extend to chemicals that have specific uses
governed by certain other federal statutes. For example, plastics in food packaging, cosmetics, and
medical devices are regulated by the Federal Food, Drug, and Cosmetic Act, as amended.156 Pesticidal
devices made of plastics are covered by the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA).157 While Title I of TSCA is intended to address risks associated with the lifecycle of chemical
substances, other federal environmental statutes focus on risks associated with the release of substances
into the environment as pollution. Title I of TSCA also complements other federal statutes that involve
reducing risks from exposure to chemicals in specific contexts, including but not limited to occupational
settings and consumer products. Title I of TSCA expressly provides that other federal laws supersede
EPA’s authority to use TSCA to address unreasonable risks. For instance, if EPA determines that a
chemical substance presents an unreasonable risk that may sufficiently be prevented or reduced by actions
taken under other federal laws, the agency may only take action under TSCA in limited circumstances.158
What Factors Are Relevant in Assessing the Potential Health and
Environmental Risks Associated with Plastics to Inform Regulatory or
Nonregulatory Actions?159
Determining whether certain regulatory or nonregulatory actions may be warranted under various federal
pollution control statutes generally involves the consideration of multiple factors, such as the extent to
which human health and/or environmental risks associated with specific chemicals, including those used
to produce, or present in, plastics, may in part justify taking such actions on such chemicals.160 Although
each pollution control statute generally provides parameters within which the finding of particular risks
requires or authorizes taking certain actions, evaluating such risks may be challenging due to the potential
complexity of ever-increasing scientific information to review and in some cases insufficient information
to make a well-informed judgment on risks. Ultimately, the consideration of risks is an exercise of
determining what risks are acceptable and do not warrant further action versus what risks are
unacceptable and may warrant taking requisite regulatory or nonregulatory action.161
Potential human health and environmental risks of plastics vary depending on the properties of the
specific chemicals that are used to manufacture plastics or are present in plastic products and wastes, and
the potential for exposures by those who may come into contact with such chemicals. Potential effects
from exposure may differ widely among chemicals that share similar but not identical properties.
Proximity to a chemical is not necessarily a sole indicator of potential health or environmental risks,
because the risks depend on the extent to which particular exposures to a chemical may directly or
indirectly affect the human body or the bodies of other animals and plants, through specific physiological
systems.
156 21 U.S.C. §§301 et seq.
157 7 U.S.C. §§136 et seq. Specifically, FIFRA Section 2(h) (7 U.S.C. §136(h)) defines the term device as “any instrument or
contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form
of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living
animals); but not including equipment used for the application of pesticides when sold separately therefrom.” Examples include
UV light units; air purifiers and filters; hypochlorous acid generators; water purifiers; insect traps; gopher and rodent control
systems; sound, airwave, or vibration generators; and gamma irradiation units that are associated with claims of controlling or
repelling particular pests.
158 15 U.S.C. §2608.
159 Jerry H. Yen, Analyst in Environmental Policy, authored this section.
160 For more information, see EPA, “Risk Management,” April 30, 2024, https://www.epa.gov/risk/risk-management.
161 For more information, see EPA, Risk Characterization Handbook, EPA 100-B-00-002, December 2000, https://www.epa.gov/
sites/default/files/2015-10/documents/osp_risk_characterization_handbook_2000.pdf.
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Generally, the potential risks to any individual organism exposed to a specific chemical would depend on
a combination of multiple factors, including
•
•
•
•
•
properties of the chemical;
frequency, concentration, and duration of exposure (i.e., the dose);
pathway of exposure (e.g., inhalation, ingestion, or skin contact);
interaction with other chemicals that may be present in the environment; and
age, overall health, and genetic and behavioral characteristics of the individual organism,
including individual human beings, at the time of exposure.162
Because of the variability among these factors, individuals exposed to the same chemical may experience
differing effects, making it difficult to demonstrate a causal link between exposures and specific effects at
the population level. There may be additional uncertainty about causation if the effects observed among a
population may be associated with multiple causes, of which chemical exposures may be one of many.
Assessing the ecological risks of a chemical involves additional challenges compared to assessing human
health risks given the number of species to consider and the potentially unique health effects for different
species that may vary depending on their habitats or surrounding environment.163 The extent to which
adverse effects on individuals of a particular species may affect an ecosystem in a way that warrants
taking regulatory or nonregulatory action is a complex issue from a scientific and policy standpoint.
Research FAQs
What Types of Research Are Federal Agencies Conducting on Plastics?164
Agencies throughout the federal government contribute to research on plastics through several avenues,
including conducting primary research and funding research through grant awards or cooperative
agreements. This response focuses on what primary research federal agencies are conducting on plastics;
funding programs for plastics research are not included here.
The federal agencies and research projects highlighted below are illustrative; this should not be
considered a comprehensive overview of all federal research on plastics. The following reports provide
more examples of the federal agencies engaging in plastic-related research:165
•
Appendix A of Mobilizing Federal Action on Plastic Pollution: Progress, Principles, and
Priorities;166 and
162 For additional information on risk assessment, see NASEM, Science and Decisions: Advancing Risk Assessment (Washington,
DC: The National Academies Press, 2009), https://nap.nationalacademies.org/catalog/12209/science-and-decisions-advancingrisk-assessment.
163 For more information, see EPA, “Ecological Risk Assessment,” June 21, 2024, https://www.epa.gov/risk/ecological-riskassessment.
164 Claire M. Jordan, Senior Research Librarian, authored this section.
165 Agencies highlighted in the reports as conducting primary plastic-related research include the U.S. Agency for International
Development; U.S. Department of Agriculture (including the Agricultural Research Service); U.S. Department of Commerce
(including NIST and NOAA); U.S. Department of Energy; U.S. Department of Health and Human Services (including the
Agency for Toxic Substances and Disease Registry, Centers for Disease Control and Prevention, and Food and Drug
Administration); U.S. Department of the Interior (including the U.S. Geological Survey); and EPA. The reports also highlight
examples of agencies that support plastic-related research.
166 Interagency Policy Committee on Plastic Pollution and a Circular Economy (IPC), Mobilizing Federal Action on Plastic
(continued...)
Congressional Research Service
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•
Appendix C of National Recycling Strategy: Part One of a Series on Building a Circular
Economy for All167
Environmental Protection Agency
In 2013, EPA established the Trash Free Waters Program.168 This nonregulatory program aims to prevent
and remove aquatic trash, as well as improve the understanding of the sources, causes, pathways, and
impacts of aquatic trash, including microplastics, through research.169 For example, EPA researchers are
collaborating to develop a national approach for extracting microplastics from aquatic sediment (i.e., the
sediment found at the bottom of bodies of water) to help quantify the risks associated with exposure to
such microplastics.170 Other EPA programs conduct research on plastics as well, such as microplastics
research within the Office of Research and Development’s Safe and Sustainable Water Resources
Research Program.171
National Institute of Standards and Technology
NIST researchers are collaborating with partners to reduce research and data gaps to improve lifecycle
assessments (LCAs) for plastics.172 This research is conducted through NIST’s Circular Economy
Program, which is focused on supporting the nation’s transition from a linear economy (i.e., material
extraction and disposal) to a circular economy.173 NIST research on this topic is focused on three thematic
areas: (1) data and decision tools (evaluating existing and developing new data and decision tools to help
decisionmakers increase sustainability); (2) material science (improving the circularity of different
materials); and (3) environmental impact assessment (assessing the environmental impacts of being
circular rather than linear).174
National Oceanic and Atmospheric Administration
Through NOAA’s Marine Debris Program (MDP), the agency funds and conducts research on the sources,
movement, and impacts of marine debris.175 In 2023, in partnership with the National Center for
Ecological Analysis and Synthesis, MDP launched a study to develop a framework for estimating the
social costs of plastic pollution. The working group conducting this study considers the “social costs” of
Pollution: Progress, Principles, and Priorities, July 2024, https://www.whitehouse.gov/wp-content/uploads/2024/07/MobilizingFederal-Action-on-Plastic-Pollution-Progress-Principles-and-Priorities-July-2024.pdf (hereinafter IPC, Mobilizing Federal
Action on Plastic Pollution).
167 EPA, National Recycling Strategy: Part One of a Series on Building a Circular Economy for All, November 15, 2021,
https://www.epa.gov/system/files/documents/2021-11/final-national-recycling-strategy.pdf.
168 EPA, “Trash Free Waters,” https://www.epa.gov/trash-free-waters.
169 EPA, “Trash Free Waters,” https://www.epa.gov/trash-free-waters.
170 EPA, Trash Free Waters, “Supporting the Development of a National Approach to Extracting Microplastics from Sediment,”
https://www.epa.gov/trash-free-waters/research-projects#sediment.
171 EPA, Water Research, “Microplastics Research,” https://www.epa.gov/water-research/microplastics-research; and EPA, ORD
Safe and Sustainable Water Resources: Strategic Research Action Plan, Fiscal Years 2023-2026.
172 NIST, “LCA of Polymers (Plastics) to Improve Circularity,” https://www.nist.gov/el/applied-economics-office/lca-polymersplastics-improve-circularity.
173 NIST, “Circular Economy,” https://www.nist.gov/circular-economy.
174 NIST, “Research Areas,” https://www.nist.gov/circular-economy/research-areas.
175 NOAA, “Marine Debris Program,” https://marinedebris.noaa.gov/; and NOAA, Marine Debris Program, “Research,”
https://marinedebris.noaa.gov/our-work/research.
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Plastic Pollution and Policy Considerations: Frequently Asked Questions
plastic pollution to be the “dollar value of avoided plastic pollution.”176 The study is anticipated to
conclude June 2025.177
Legislation FAQs
What Bills Were Introduced in the 118th Congress on Plastics?178
During the 118th Congress, some Members introduced legislation that spans the plastic lifecycle and
encompasses various ways to respond to the impacts of plastics. Table 5 includes bills where the primary
focus of the bill is plastics, including appropriations bills and other omnibus legislation that include
provisions addressing plastics.179 Appropriations bills and other omnibus legislation that include
provisions addressing plastics are included in Table 5, with the sections that pertain to plastics identified
in the table notes.
176 NOAA, Marine Debris Program, “Determining the Social Costs of Plastic Pollution,” https://marinedebris.noaa.gov/
research/determining-social-costs-plastic-pollution.
177 NOAA, Marine Debris Program, “Determining the Social Costs of Plastic Pollution,” https://marinedebris.noaa.gov/
research/determining-social-costs-plastic-pollution.
178 Claire M. Jordan, Senior Research Librarian, authored this section.
179 To ascertain if a bill’s primary focus is plastics, CRS searched Congress.gov using terms and phrases from the policy areas list
and legislative subject term list. Congress.gov, “Policy Areas—Field Values,” https://www.congress.gov/help/field-values/
policy-area; Congress.gov, “Legislative Subject Terms—Field Values,” https://www.congress.gov/help/field-values/legislativesubject-terms.
Congressional Research Service
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Table 5. Selected Plastics Legislation Introduced in the 118th Congress
By date of introduction (most recent first)
Bill Number
Title
Description
Introduction Date
Most Recent Status
H.R. 10445
Further Continuing
Appropriations and
Disaster Relief
Supplemental
Appropriations Act, 2025
See Division C, Title II, Section 4011,
reports on composting and recycling
infrastructure capabilities.
December 17, 2024
Referred to the House Committee
on Appropriations, Budget, and
Ways and Means on December 17,
2024.
S.Res. 893
A resolution expressing
the sense of the Senate
regarding the
Intergovernmental
Negotiating Committee
on Plastic Pollution’s
development of an
international binding
agreement, which is
expected to be completed
at its Fifth Session in
Busan, Republic of Korea
in December 2024
Expressing the sense of the Senate
regarding the Intergovernmental
Negotiating Committee on Plastic
Pollution's development of an
international binding agreement, which is
expected to be completed at its Fifth
Session in Busan, Republic of Korea in
December 2024.
November 13, 2024
Referred to the Senate Committee
on Foreign Relations on November
13, 2024.
H.R. 9676
Accelerating a Circular
Economy for Plastics and
Recycling Innovation Act
of 2024
To direct the Administrator of the
Environmental Protection Agency (EPA)
to establish National Plastics Recycling
Standards, and for other purposes.
September 19, 2024
Referred to the House Committee
on Energy and Commerce on
September 19, 2024.
S.Res. 763
A resolution designating
July 2024 as “Plastic
Pollution Action Month”
Designating July 2024 as “Plastic
Pollution Action Month.”
July 11, 2024
Referred to the Senate Committee
on the Judiciary on July 11, 2024.
H.Res. 1352
Expressing support for
the designation of July
2024 as “Plastic Pollution
Action Month”
Expressing support for the designation of
July 2024 as “Plastic Pollution Action
Month.”
July 10, 2024
Referred to the House Committee
on Energy and Commerce on July
10, 2024.
CRS-26
Identical Bill
(Introduction
Date)a
Bill Number
Title
Description
H.R. 8812
Water Resources
Development Act of 2024
To provide for improvements to the
rivers and harbors of the United States,
to provide for the conservation and
development of water and related
resources, and for other purposes.b
June 25, 2024
Passed the House and received in
the Senate on July 23, 2024.
H.R. 8092
Protecting Communities
from Plastics Act of 2024
To require the Administrator of the EPA
to carry out certain activities to protect
communities from the harmful effects of
plastics, and for other purposes.
April 19, 2024
Referred to the Subcommittee on
Conservation, Research, and
Biotechnology by the House
Committee on Agriculture on
September 3, 2024.
S. 4186
Banning Toxics from
Plastic Bottles Act of
2024
To eliminate toxic substances in
beverage containers, and for other
purposes.
April 18, 2024
Read twice and referred to the
Senate Committee on Commerce,
Science, and Transportation on
April 18, 2024.
H.Res. 1102
Further Consolidated
Appropriations Act, 2024
See Division E, Title II, Section 210,
plastic waste reduction.
March 22, 2024
Agreed to in the House and
motion to reconsider laid on the
table. Agreed to without objection
on March 22, 2024.
H.R. 7634
Plastic Pellet Free Waters
Act
To require the Administrator of the EPA
to promulgate certain limitations with
respect to pre-production plastic pellet
pollution, and for other purposes.
March 12, 2024
Referred to the Subcommittee on
Water Resources and Environment
by the House Committee on
Transportation and Infrastructure
on March 13, 2024.
S. 3623
Research for Healthy Soils
Act
To amend the Food, Agriculture,
Conservation, and Trade Act of 1990 to
include as a high-priority research and
extension area research on microplastics
in land-applied biosolids on farmland, and
for other purposes.
January 18, 2024
Read twice and referred to the
Senate Committee on Agriculture,
Nutrition, and Forestry on January
18, 2024.
CRS-27
Introduction Date
Most Recent Status
Identical Bill
(Introduction
Date)a
S. 4194 (April
18, 2024)
S. 2337 (July 18,
2023)
Bill Number
Identical Bill
(Introduction
Date)a
Title
Description
Introduction Date
Most Recent Status
H.R. 6053
Break Free From Plastic
Pollution Act of 2023
To amend the Solid Waste Disposal Act
to reduce the production and use of
certain single-use plastic products and
packaging, to improve the responsibility
of producers in the design, collection,
reuse, recycling, and disposal of
consumer products and packaging, to
prevent pollution from consumer
products and packaging from entering
into animal and human food chains and
waterways, and for other purposes.
October 25, 2023
Referred to the Subcommittee on
Conservation, Research, and
Biotechnology by the House
Committee on Agriculture on
January 18, 2024.
S. 3127
(October 25,
2023)
H.R. 5564
REDUCE Act of 2023
To amend the Internal Revenue Code of
1986 to establish an excise tax on
plastics.
September 19, 2023
Referred to the Subcommittee on
Environment, Manufacturing, and
Critical Materials by the House
Committee on Energy and
Commerce on September 22,
2023.
S. 2844
(September 19,
2023)
S. 2728
Reducing Waste in
National Parks Act
To encourage reduction of disposable
plastic products in units of the National
Park System, and for other purposes.
September 6, 2023
Read twice and referred to the
Senate Committee on Energy and
Natural Resources on September
6, 2023.
H.R. 4561 (July
11, 2023)
H.R. 4821
Department of the
Interior, Environment,
and Related Agencies
Appropriations Act, 2024
Making appropriations for the
Department of the Interior,
environment, and related agencies for
the fiscal year ending September 30,
2024, and for other purposes.c
July 24, 2023
Passed the House on November 3,
2023. Received in the Senate, read
twice, and placed on the Senate
Legislative Calendar under General
Orders on November 7, 2023.
H.Res. 584
Expressing support for
the designation of July as
“Plastic Pollution Action
Month.”
Expressing support for the designation of
July as “Plastic Pollution Action Month.”
July 13, 2023
Referred to the Subcommittee on
Environment, Manufacturing, and
Critical Materials by the House
Committee on Energy and
Commerce on July 14, 2023.
H.R. 4040
Recycling and Composting
Accountability Act
To require the Administrator of the EPA
to carry out certain activities to improve
recycling and composting programs in
the United States, and for other
purposes.
June 12, 2023
Referred to the Subcommittee on
Environment, Manufacturing, and
Critical Materials by the House
Committee on Energy and
Commerce on June 16, 2023.
CRS-28
S.Res. 296 (July
13, 2023)
Bill Number
Title
Description
Introduction Date
Most Recent Status
H.R. 3871
Research for Healthy Soils
Act
To amend the Food, Agriculture,
Conservation, and Trade Act of 1990 to
include as a high-priority research and
extension area research on microplastics
in land-applied biosolids on farmland.
June 6, 2023
Referred to the Subcommittee on
Conservation, Research, and
Biotechnology by the House
Committee on Agriculture on July
28, 2023.
S. 1194
Recycling and Composting
Accountability Act
To require the Administrator of the EPA
to carry out certain activities to improve
recycling and composting programs in
the United States, and for other
purposes.
April 19. 2023
Passed the Senate on March 12,
2024, and held at the House desk
on March 15, 2024.
H.R. 873
Water Quality and
Environmental Innovation
Act
To authorize the Administrator of the
EPA to award grants and contracts for
projects that use emerging technologies
to address threats to water quality
[including the accumulation of plastics,
trash, and microplastics], and for other
purposes.
February 8, 2023
Referred to the Subcommittee on
Environment, Manufacturing, and
Critical Materials by the House
Committee on Energy and
Commerce on February 17, 2023.
Identical Bill
(Introduction
Date)a
Source: Compiled by the Congressional Research Service (CRS) from Congress.gov; Congress.gov, “Policy Areas—Field Values,” https://www.congress.gov/help/fieldvalues/policy-area; and Congress.gov, “Legislative Subject Terms—Field Values,” https://www.congress.gov/help/field-values/legislative-subject-terms.
Notes: This table includes legislation where the primary focus of the bill is addressing plastics somewhere along the lifecycle (e.g., manufacturing, production, and waste).
Bill descriptions are pulled directly from bill text. Text in brackets is written by CRS and included for clarity.
a. Bills listed in this column are included based on criteria established by Congress.gov. In instances where Congress.gov labels a bill as “related” instead of “identical,”
CRS included those related bills as separate entries in this table. “About Related Bills,” Congress.gov, https://www.congress.gov/help/related-bills.
b. See Section 207, “Examination of reduction of microplastics.”
c. See Section 539 (“None of the funds made available by this Act may be used to implement, administer, apply, enforce, or carry out any plastic straw prohibitions.”).
CRS-29
Plastic Pollution and Policy Considerations: Frequently Asked Questions
U.S. Engagement in Plastic-Pollution-Related
International Agreements FAQs
How Does the United States Engage in International Agreements
Related to Plastic Pollution?180
The United States has engaged in a number of international environmental agreements that
pertain to solid and hazardous waste and marine pollution, including plastics, that may have
implications with respect to plastic pollution. This response discusses three selected international
agreements as examples of U.S. engagement on international efforts related to plastic pollution
and is not comprehensive. The three selected agreements include the Basel Convention on the
Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel
Convention); the Convention on the Prevention of Marine Pollution by Dumping of Wastes and
Other Matter of 1972 (London Convention) and the 1996 London Protocol; and International
Convention for the Prevention of Pollution from Ships (MARPOL Convention). Other
international agreements, such as the Environmental Protocol to the Antarctic Treaty, or various
bilateral or regional agreements, such as the United States-Mexico-Canada Agreement, may also
have implications for plastic pollution.181 In addition, the SOS 2.0 Act, which Congress enacted in
2020, directs the President to take certain actions with regard to engagement in international
agreements pertaining to plastic pollution.182
The manner in which the United States accepts international agreements as binding and
incorporates their provisions into domestic law can vary depending on the specific content of the
obligations, such as the extent of domestic implementing authority, and the status of
ratification.183 For example, the United States is a signatory to all of the agreements discussed
below, and as such is obligated to not undermine their object and purpose, even if (such as in the
case of the Basel Convention, as discussed below) it has not ratified the treaty and thus is not
bound by the articles therein.184 Should the President decide to communicate that the United
180 Kristen Hite, Legislative Attorney, authored this section.
181 For example, Article 5 of Annex IV to the Environmental Protocol to the Antarctic Treaty prohibits the disposal into
the sea of all plastics. See 1991 Protocol on Environmental Protection to the Antarctic Treaty and its Annexes (Madrid
Protocol), October 4, 1991, 30 I.L.M. 1455, entered into force January 14, 1998. The United States-Mexico-Canada
Agreement includes an article on marine litter, recognizing “the importance of taking action to prevent and reduce
marine litter, including plastic litter and microplastics.” See Agreement on Environmental Cooperation Among the
Governments of the United States of America, the United Mexican States and Canada, art. 24.12, July 1, 2020, T.I.A.S.
20-701.
182 For further information on these actions, see CRS In Focus IF12690, International Agreement on Plastic Pollution:
Negotiations, by Jonathan D. Haskett and Kristen Hite.
183 In the United States, the State Department generally considers whether the agreement would require seeking the
advice and consent of the Senate in deciding whether to consent to become bound, or whether it could consent to be
bound based on authorities in existing statutes or granted to the President in Article II of the Constitution. See
Department of State, Exercise of the International Agreement Power, Foreign Affairs Manual, 11 FAM 723,
https://fam.state.gov/fam/11fam/11fam0720.html. If the President transmits the text of a treaty to the Senate for advice
and consent, the executive branch typically awaits a Senate resolution of ratification before deciding whether to ratify.
See ibid.; see also CRS Legal Sidebar LSB11048, International Agreements (Part I): Overview and Agreement-Making
Process, by Steve P. Mulligan.
184 See Vienna Convention on the Law of Treaties art. 18(a), May 23, 1969, 1155 U.N.T.S. 331, which the United
States has signed but not ratified (the Senate has not provided its advice and consent); however, the United States does
(continued...)
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States has agreed to ratify or otherwise become bound by the terms of an international agreement,
the obligations in the agreement would become binding on the United States once the treaty
enters into force (such as in the case of the London Convention but not the London Protocol, both
of which are discussed below).185 In some cases, implementing legislation may be necessary in
order for treaty provisions to be enforceable in U.S. courts (such as is the case for the Act to
Prevent Pollution from Ships, discussed below as implementing legislation to the MARPOL
Convention).186
Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and Their Disposal187
The goals of the Basel Convention, which entered into force in May 1992, are to encourage the
environmentally sound management of hazardous wastes and to protect developing countries
from receiving hazardous wastes without prior informed consent.188 The United States is a
signatory to the Basel Convention, but has not ratified it and is not a party to the Convention;
however, the United States may trade hazardous wastes with other parties to the Basel
Convention if it has agreements substantially similar to those contained in the Basel
Convention.189 The Basel Convention was crafted to permit the safe transboundary movements of
waste among nations with environmental protection programs and to prevent the shipment of
waste to inappropriate facilities in countries lacking the means to control waste management and
disposal activities. The treaty addresses waste imports and exports and covers all wastes defined
as hazardous by the originating, receiving, and transit countries. To date, the Basel Convention
has been ratified, accepted, approved, or acceded to by 191 countries.190
In May 2019, specifically intending to control transboundary plastic wastes, the Conference of
the Parties to the Basel Convention amended the Convention with the Plastic Waste
Amendments.191 The amendments, which entered into force in 2021, specified which wastes are
recognize much of its content as customary international law. See, for example, Restatement (Fourth) of Foreign
Relations Law: Jurisdiction Treaties §106 TD No 2 (2017).
185 Entry into force is the point at which the obligations contained in a final treaty text become binding on the countries
that have consented to be bound, whether by ratification, agreement, or another agreed process. It is common for
countries to set the date of entry into force at a certain number of days after an agreed number of countries have ratified
or otherwise consented to be bound. For general information on treaties, see United Nations Office of Treaty Affairs,
Treaty Handbook (rev. ed. 2013).
186 See Medellín v. Texas, 552 U.S. 491, 525–26 (2008). Whether or not courts enforce an international agreement
domestically has no bearing on whether an agreement is binding on the United States as a matter of international law
For more information on the intersection of international obligations and domestic law, see CRS Report RL32528,
International Law and Agreements: Their Effect upon U.S. Law, by Steve P. Mulligan.
187 Angela C. Jones, Analyst in Environmental Policy, authored this section.
188 Secretariat of the Basel Convention, “Text of the Convention,” https://www.basel.int/TheConvention/Overview/
TextoftheConvention/tabid/1275/Default.aspx. Entry into force means that the agreement has become binding on all
parties that have expressed their consent to be bound.
189 See Basel Convention Article 11. Since 1992, the United States also has participated in a regional agreement with
all other members of the OECD, governing movements of waste destined for recycling or other recovery (Decision of
the Council Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations,
OECD/LEGAL/0266, https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0266.)
190 Secretariat of the Basel Convention, “Parties to the Basel Convention on the Control of Transboundary Movements
of Hazardous Wastes and their Disposal,” https://www.basel.int/Countries/StatusofRatifications/PartiesSignatories/
tabid/4499/Default.aspx.
191 Secretariat of the Basel Convention, “Basel Convention Plastic Waste Amendments,” https://www.basel.int/
Implementation/Plasticwaste/Amendments/Overview/tabid/8426/Default.aspx (hereinafter Secretariat of the Basel
Convention, “Basel Convention Plastic Waste Amendments”).
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subject to prior informed consent (PIC) procedures among Basel parties exporting and importing
plastic waste and scrap.192 The amendments amended several annexes to the convention that list
the plastic wastes that are considered hazardous and subject to Basel PIC requirements, plastic
wastes that require “special consideration” (also subject to PIC requirements), and plastic wastes
that are presumed not to be hazardous whose disposal could be managed in an environmentally
sound manner (exempt from the PIC requirements).193
The Convention on the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter of 1972 (London Convention) and the 1996 London
Protocol194
The London Convention of 1972 was one of the first global treaties aimed at protecting the
marine environment from human activities. It applies to the deliberate disposal, or “dumping,” of
wastes or other matter from vessels, aircraft, platforms, and other man-made structures at sea.195
“Wastes or other matter” is defined broadly to mean “material and substance of any kind, form or
description,” and thereby includes plastic waste.196 The London Convention requires that
contracting parties issue a permit for the dumping of wastes and other matter at sea and generally
prohibits the dumping of certain hazardous materials.197 The United States ratified the convention
in 1974, and the convention entered into force in 1975. To date, there are 87 parties to the
convention.198
Congress enacted the Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA; P.L.
92-532) and its amendments to implement the requirements of the London Convention.199 Under
MPRSA, often referred to as the Ocean Dumping Act, certain materials (e.g., radiological,
chemical, and biological warfare agents; industrial wastes; medical wastes) may not be dumped,
and others may not be dumped without a permit from EPA or the U.S. Army Corps of Engineers.
Title I of MPRSA authorizes federal permitting and enforcement actions to regulate the disposal
of wastes in ocean waters.200
192 Secretariat of the Basel Convention, “Basel Convention Plastic Waste Amendments.”
193 Secretariat of the Basel Convention, “Basel Convention Plastic Waste Amendments.”
194 Laura Gatz, Specialist in Environmental Policy, authored this section.
195 For more about the London Convention, see EPA, “Ocean Dumping: London Convention and London Protocol:
International Treaties to Prevent Marine Pollution,” https://www.epa.gov/ocean-dumping/london-convention-andlondon-protocol-international-treaties-prevent-marine-pollution; International Maritime Organization (IMO),
“Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter,” https://www.imo.org/en/
OurWork/Environment/Pages/London-Convention-Protocol.aspx; “Convention on the Prevention of Marine Pollution
by Dumping of Wastes and Other Matter,” p. 2, https://wwwcdn.imo.org/localresources/en/OurWork/Environment/
Documents/LC1972.pdf.
196 “Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter,” p. 3,
https://wwwcdn.imo.org/localresources/en/OurWork/Environment/Documents/LC1972.pdf.
197 “Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter,” p. 3,
https://wwwcdn.imo.org/localresources/en/OurWork/Environment/Documents/LC1972.pdf. See also IMO,
“Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter,” https://www.imo.org/en/
OurWork/Environment/Pages/London-Convention-Protocol.aspx.
198 IMO, “Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter,”
https://www.imo.org/en/OurWork/Environment/Pages/London-Convention-Protocol.aspx.
199 33 U.S.C. §§1401 et seq.
200 33 U.S.C. §§1411-1420.
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In 1996, the parties negotiated a new treaty, the London Protocol, to modernize the London
Convention.201 The purpose of the London Protocol is similar to, but more restrictive than, the
London Convention.202 Under the London Protocol, dumping of all wastes and other matter at sea
is prohibited except for certain potentially acceptable wastes listed under Annex 1 (e.g., dredged
material, fish waste, natural organic material).203 The London Protocol entered into force in 2006;
there are 53 parties.204 The United States participated in the London Protocol’s development and
signed it in 1998. To date, the Senate has not given its advice and consent to ratification of the
London Protocol.205
International Convention for the Prevention of Pollution from Ships, 1973, as
Modified by the Protocol of 1978 (MARPOL 73/78)206
The MARPOL Convention is the primary international agreement for preventing marine pollution
by ships from operational or accidental causes.207 The convention includes requirements to
address garbage, including plastics (Annex V), as well as oil (Annex I); noxious liquid substances
carried in bulk (Annex II); harmful packaged substances (Annex III); sewage (Annex IV); and air
pollution (Annex VI).208 According to the International Maritime Organization (IMO), “the most
important feature of the Annex [Annex V, which addresses garbage and plastics] is the complete
ban imposed on the disposal into the sea of all forms of plastics.”209 In 1973, the IMO adopted the
1973 MARPOL Convention.210 Five years later, in response to a number of tanker accidents, the
IMO adopted the Protocol of 1978. At that time, the 1973 convention that the Protocol of 1978
modified had not yet entered into force, so the protocol absorbed the parent convention.211 The
combined instrument (MARPOL 73/78) provided that countries may become parties to MARPOL
201 EPA, “Ocean Dumping: London Convention and London Protocol: International Treaties to Prevent Marine
Pollution,” https://www.epa.gov/ocean-dumping/london-convention-and-london-protocol-international-treatiesprevent-marine-pollution.
202 IMO, “Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter,”
https://www.imo.org/en/OurWork/Environment/Pages/London-Convention-Protocol.aspx.
203 “1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter,
1972 (as amended in 2006),” pp. 4, 17, https://wwwcdn.imo.org/localresources/en/OurWork/Environment/Documents/
PROTOCOLAmended2006.pdf.
204 “1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter,
1972 (as amended in 2006),” pp. 4, 17, https://wwwcdn.imo.org/localresources/en/OurWork/Environment/Documents/
PROTOCOLAmended2006.pdf.
205 The London Protocol was submitted to the Senate for its advice and consent to ratification in 2007. The Senate
Foreign Relations Committee favorably reported the protocol with one understanding and two declarations, and as set
forth in a report dated September 11, 2008, recommended the full Senate give its consent to ratification. The George
W. Bush Administration submitted proposed implementing legislation along with a section-by-section analysis in 2007.
No action was taken on the proposed legislation. See links to these documents at NOAA, “Marine Pollution: Ocean
Dumping,” https://www.noaa.gov/gc-international-section/marine-pollution-ocean-dumping.
206 Laura Gatz, Specialist in Environmental Policy, authored this section.
207 IMO, “International Convention for the Prevention of Pollution from Ships,” https://www.imo.org/en/about/
Conventions/Pages/International-Convention-for-the-Prevention-of-Pollution-from-Ships-(MARPOL).aspx
(hereinafter, IMO, International Convention for the Prevention of Pollution from Ships).
208 These requirements vary by Annex, but include requirements for ships to have certain equipment onboard that
allows for removal of certain pollutants, required handling procedures for certain substances, and regulations for the
management and disposal of certain materials (such as ship-generated garbage).
209 IMO, International Convention for the Prevention of Pollution from Ships. The IMO is a specialized agency of the
United Nations responsible for regulating maritime transport.
210 IMO, International Convention for the Prevention of Pollution from Ships.
211 IMO, International Convention for the Prevention of Pollution from Ships.
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73/78 by only ratifying Annexes I and II.212 Annexes III, IV, and V are optional.213 MARPOL
73/78 entered into force in 1983 (for Annexes I and II).214 Optional Annexes V, III, and IV entered
into force in 1988, 1992, and 2003, respectively.215 The 1997 Protocol, which entered into force in
2005, amended MARPOL 73/78 to add Annex VI.216
The United States is a party to Annexes I, II, III, V and VI.217 Congress incorporated Annexes I,
II, V, and VI into U.S. law through the Act to Prevent Pollution from Ships (APPS; P.L. 96478).218 Specific to plastics, under Annex V, APPS prohibits the discharge of synthetic ropes and
fishing nets, plastic garbage bags, and certain incinerator ashes from plastic products.219
What Is the International Agreement on Plastic Pollution?220
In 2022 the United Nations Environment Assembly (UNEA) passed a resolution that created an
International Negotiating Committee (INC) to develop a legally binding international agreement
on plastic pollution, including in the marine environment.221 The international agreement would
address the full lifecycle of plastic, including its production, design, and disposal.222 It would also
require party countries to prepare national action plans with “country-driven approaches” to help
prevent, reduce, and eliminate plastic pollution, while recognizing that full implementation for
less wealthy countries would depend on the provision of financing, capacity building, and
technical support.223 The UNEA resolution sets a goal of completing negotiations by the end of
2024 and contemplates that a final agreement could include both binding and voluntary
approaches.224
Countries convened five INC meetings between 2022 and 2024 to create and edit draft text of the
agreement as well as rules of procedure.225 At the conclusion of the fifth meeting, much of the
212 IMO, Focus on IMO: MARPOL—25 Years, October 1998, https://wwwcdn.imo.org/localresources/en/Knowledge
Centre/ConferencesMeetings/FocusOnIMOArchives/Focus%20on%20IMO%20-%20MARPOL%20-%2025%20
years%20(October%201998).pdf (hereinafter IMO, Focus on IMO: MARPOL—25 Years).
213 IMO, Focus on IMO: MARPOL—25 Years.
214 IMO, Focus on IMO: MARPOL—25 Years.
215 IMO, Focus on IMO: MARPOL—25 Years; IMO, International Convention for the Prevention of Pollution from
Ships.
216 IMO, International Convention for the Prevention of Pollution from Ships.
217 The U.S. ratified MARPOL 73/78 along with Annexes II and IV in 1980. The United States ratified optional
Annexes V, III, and VI in 1987, 1991, and 2008, respectively.
218 33 U.S.C. §§1901 et seq. The Marine Protection, Research and Sanctuaries Act and the Marine Pollution Prevention
Act included amendments to the Act to Prevent Pollution from Ships. With regards to remaining annexes (Annexes III
and IV), the United States implements Annex III through the Hazardous Materials Transportation Act (P.L. 93-633; 49
U.S.C. §§5101 et seq.). The United States has not signed or ratified Annex IV, but it regulates sewage from vessels
under the Clean Water Act (33 U.S.C. §1322).
219 33 U.S.C. §1902(b)(3).
220 Jonathan D. Haskett, Analyst in Environmental Policy, and Kristen Hite, Legislative Attorney, coauthored this
section.
221 United Nations Environment Program (UNEP), “UNEA Resolution 5/14 Entitled ‘End Plastic Pollution: Towards
an International Legally Binding Instrument,’” UNEP/PP/OEWG/1/INF/1, 2022 (hereinafter UNEA Resolution 5/14).
See also CRS In Focus IF12690, International Agreement on Plastic Pollution: Negotiations, by Jonathan D. Haskett
and Kristen Hite.
222 UNEA Resolution 5/14.
223 UNEA Resolution 5/14, paras 2, 3(d), 3(e).
224 UNEA Resolution 5/14, para 1.
225 UNEP, “Intergovernmental Negotiating Committee on Plastic Pollution,” https://www.unep.org/inc-plastic(continued...)
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text remained under active negotiation, including on matters such as finance as well as
approaches for addressing plastic products and chemicals of concern.226 Countries held the first
part of their fifth negotiating meeting (INC-5) in the Republic of Korea from November 25 to
December 1, 2024, with hopes that the fifth meeting could make sufficient progress to then
convene a summit for countries to adopt a final version of the agreement.227
Countries agreed during the Korea meeting that a draft prepared by the chair of INC-5 would
serve as the basis of negotiations, including the following components:228
•
•
•
•
•
Objective: to protect human health and the environment from plastic pollution,
including in the marine environment.
Obligations, such as those related to plastic products, product designs and
production, plastic releases and leakages, waste management, existing pollution
(including marine pollution), just transition, and transparency. Negotiations are
still clarifying to what extent countries would be allowed to exempt specific
listed products, such as certain single-use plastics or other chemicals of concern
from phase-out.
Means of implementation, including finance, capacity building, technical
assistance, and technology transfer.
Procedural obligations pertaining to national plans, reporting and assessment, and
provisions for international cooperation.
Governance, including a global plenary body, a secretariat, scientific or other
subsidiary bodies, and dispute settlement procedures.
Though they agreed to certain elements, countries were unable to finalize other portions of the
treaty text before the meeting ended and agreed to continue the meeting at an unspecified future
pollution; see also International Institute for Sustainable Development (IISD), “Summary Report, 26 November–2
December 2022 1st Session of the Intergovernmental Negotiating Committee to Develop an International Legally
Binding Instrument on Plastic Pollution, Including in the Marine Environment (INC-1),” https://enb.iisd.org/plasticpollution-marine-environment-negotiating-committee-inc1-summary; IISD “Summary Report, 29 May-2 June 2023 2nd
Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on
Plastic Pollution, Including in the Marine Environment (INC-2),” https://enb.iisd.org/plastic-pollution-marineenvironment-negotiating-committee-inc2-summary; IISD, “Summary Report, 11-19 November 2023 3rd Session of the
Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution,
Including in the Marine Environment (INC-3),” https://enb.iisd.org/plastic-pollution-marine-environment-negotiatingcommittee-inc3-summary; IISD, “Summary Report, 23-29 April 2024 4th Session of the Intergovernmental Negotiating
Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine
Environment (INC-4),” https://enb.iisd.org/plastic-pollution-marine-environment-negotiating-committee-inc4summary; “Summary Report, 25 November-1 December 2024, 5th Session of the Intergovernmental Negotiating
Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine
Environment (INC-5),” https://enb.iisd.org/plastic-pollution-marine-environment-negotiating-committee-inc5summary.
226 IISD, “Summary Report, 25 November-1 December 2024,” https://enb.iisd.org/plastic-pollution-marineenvironment-negotiating-committee-inc5-summary.
227 UNEP, “Fifth Session (INC-5),” https://www.unep.org/inc-plastic-pollution/session-5; UNEA Resolution 5/14,
UNEP/PP/OEWG/1/INF/1, 2022.
228 UNEP, Compilation of Draft Text of the International Legally Binding Instrument on Plastic Pollution, Including in
the Marine Environment (Advance Copy), Fifth Session of the Intergovernmental Negotiating Committee to Develop an
International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment (Provisional
Agenda Meeting Item 4, Busan, 25 November-1 December 2024, UNEP Doc. No. UNEP/PP/INC.5/4, July 9, 2024,
https://wedocs.unep.org/bitstream/handle/20.500.11822/45858/Compilation_Text.pdf. See also Ambassador Luis
Vayas Valdivieso, Non-Paper 3 of the Chair of the International Negotiating Committee, October 29, 2024,
https://wedocs.unep.org/bitstream/handle/20.500.11822/46483/Non_Paper_3_E.pdf.
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Plastic Pollution and Policy Considerations: Frequently Asked Questions
date.229 By the end of the meeting in Busan, news reports indicated that roughly 100 countries had
agreed on many provisions.230
What Policy Options Are Available to Congress to
Address Plastic Pollution?231
Many recognize the utility of plastics and their integral benefits to society. Plastics have a
prominent role in many aspects of daily life, including food supply systems, health care, energy
and water infrastructure systems, transportation systems, and construction. At the same time,
nationally and globally, there is increasing recognition of the growing concerns of plastic
pollution and related environmental impacts that occur across the plastic lifecycle. Some
stakeholders assert that the status quo, or “business as usual” approach to the production and use
of plastics and the management of plastic waste, is not sustainable, meaning that linear
approaches are generating increasingly greater amounts of plastic waste, plastic pollution, and
related environmental impacts.232 A wide variety of stakeholders, including federal entities,
international bodies, and industry groups, support improvements to the circularity of plastics,
including keeping materials and products in circulation for as long as possible, redesigning
materials and products to be less resource intensive, and recapturing plastic waste as a resource to
manufacture new materials and products.233
Some federal entities and international bodies argue that a globally coordinated effort adopting
policy tools across the plastic lifecycle is needed to reduce plastic pollution.234 To this end, the
Interagency Policy Committee on Plastic Pollution and a Circular Economy, established under the
Biden Administration, published a report in July 2024. In the report, the Administration stated
that “the Federal government is—for the first time—formally acknowledging the severity of the
plastic pollution crisis and the scale of the response that will be required to effectively confront
it.” The report further states that (1) “successfully combatting plastic pollution requires the United
States to take a comprehensive approach that addresses the impacts of plastic throughout the
entire lifecycle,” and (2) “the scope, scale, and complexity of plastic pollution require coordinated
action from all levels of government.”235
OECD’s Policy Scenarios for Eliminating Plastic Pollution by 2040, which the organization
published in October 2024, emphasizes that “business as usual” practices are unsustainable given
229 See analysis section in IISD, “Summary Report, 25 November-1 December 2024,” https://enb.iisd.org/plastic-
pollution-marine-environment-negotiating-committee-inc5-summary#brief-analysis-inc-5.
230 Ellie Borst, “UN Plastics Treaty Talks End with No Deal. What Now?” E&E News: Greenwire, December 2, 2024.
231 Laura Gatz, Specialist in Environmental Policy, authored this section.
232 OECD, Global Plastics Outlook: Policy Scenarios to 2060, p. 17; IPC, Mobilizing Federal Action on Plastic
Pollution, pp. 2-3; EPA, “Plastics: Regulation and Policy,” https://www.epa.gov/plastics/regulation-and-policy; U.S.
Department of State, “Plastic Pollution,” https://www.state.gov/key-topics-office-of-environmental-quality-andtransboundary-issues/plastic-pollution/; and UNEP, Turning Off the Tap.
233 OECD, Global Plastics Outlook: Economic Drivers, Environmental Impacts, and Policy Options; EPA, National
Strategy to Prevent Plastic Pollution; America’s Plastic Makers and ACC, 5 Actions for Sustainable Change; and
UNEP, Turning off the Tap.
234 OECD, Global Plastics Outlook: Economic Drivers, Environmental Impacts, and Policy Options; IPC, Mobilizing
Federal Action on Plastic Pollution; EPA, National Strategy to Prevent Plastic Pollution; and UNEP, Turning off the
Tap.
235 IPC, Mobilizing Federal Action on Plastic Pollution, pp. 2-3.
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Plastic Pollution and Policy Considerations: Frequently Asked Questions
the rapid increase in plastic flows and their environmental impacts.236 They similarly conclude
that reducing plastic pollution will require ambitious action by all countries, with policy measures
implemented across all stages of the plastic lifecycle.
The United Nations Environment Programme (UNEP), which is a host of the INC, also stresses
the importance of shifting from a “business as usual” plastics economy, which it describes as
linear, to a circular plastics economy through its proposed systems change scenario.237 This
systems-change scenario proposes three market shifts to move toward circularity: reuse,
recycling, and reorienting and diversifying (i.e., shaping the market for alternatives to virgin
fossil-fuel-based plastics).
Some stakeholders, such as the plastics and petrochemical industries, support the goal of
eliminating plastic pollution while retaining the societal benefits of plastic.238 These industry
stakeholders support focusing on policy tools that address certain aspects of the lifecycle, such as
modernizing recycling infrastructure and developing end markets for recycled material, and
oppose tools that aim to limit aspects of plastic production.239 These groups emphasize the
importance of plastics to the U.S. economy and argue that plastics are more affordable, more
versatile, have lower GHG emission profiles, and require less water and raw materials to produce
compared to alternatives (e.g., paper, glass, metal).240 Rather than employing tools that might cap
production or ban or restrict certain types of polymers or plastics, industry stakeholders advocate
for rapidly scaling chemical recycling while continuing to grow mechanical recycling.241 In
addition, they advocate for other policy tools to help increase recycling rates and enable growth
of the circular economy.242
Federal agencies in the United States, international organizations, industry groups,
nongovernmental organizations, and others have published various reports, policy statements, and
other outreach materials that identify, assess, and/or advocate for various policy options and tools
236 OECD, Policy Scenarios for Eliminating Plastic Pollution by 2040, October 2, 2024, https://www.oecd.org/en/
publications/policy-scenarios-for-eliminating-plastic-pollution-by-2040_76400890-en/full-report.html.
237 UNEP, Turning off the Tap, pp. xiii-xvi.
238 America’s Plastic Makers, “Global Agreement on Plastic Pollution: How Should It Work?”
https://plasticmakers.org/plastic-makers-support-a-global-agreement-to-eliminate-plastic-waste/; American Fuel and
Petrochemical Manufacturers, “Plastic Waste Can Be Eliminated Without Banning Plastic Production,” press release,
November 14, 2023, https://www.afpm.org/newsroom/news/plastic-waste-can-be-eliminated-without-banning-plasticproduction.
239 PLASTICS Industry Association, “PLASTICS Applauds Introduction of Bipartisan Legislation to Modernize
Recycling Infrastructure,” press release, September 20, 2024, https://www.plasticsindustry.org/newsroom/plasticsapplauds-introduction-of-bipartisan-legislation-to-modernize-recycling-infrastructure/; PLASTICS Industry
Association, “PLASTICS Strongly Opposes White House Position Change on Plastic Production Caps,” press release,
August 15, 2024, https://www.plasticsindustry.org/newsroom/plastics-strongly-opposes-white-house-position-changeon-plastic-production-caps/; American Fuel and Petrochemical Manufacturers, “Plastic Waste Can Be Eliminated
Without Banning Plastic Production,” press release, November 14, 2023, https://www.afpm.org/newsroom/news/
plastic-waste-can-be-eliminated-without-banning-plastic-production; and America’s Plastic Makers and ACC, 5
Actions for Sustainable Change.
240 American Fuel and Petrochemical Manufacturers, “Plastic Waste Can Be Eliminated Without Banning Plastic
Production,” press release, November 14, 2023, https://www.afpm.org/newsroom/news/plastic-waste-can-beeliminated-without-banning-plastic-production; America’s Plastic Makers and ACC, 5 Actions for Sustainable Change.
241 American Fuel and Petrochemical Manufacturers, “Plastic Waste Can Be Eliminated Without Banning Plastic
Production,” press release, November 14, 2023, https://www.afpm.org/newsroom/news/plastic-waste-can-beeliminated-without-banning-plastic-production; America’s Plastic Makers and ACC, 5 Actions for Sustainable Change.
242 America’s Plastic Makers and ACC, 5 Actions for Sustainable Change. PLASTICS Industry Association,
“PLASTICS Applauds Introduction of Bipartisan Legislation to Modernize Recycling Infrastructure,” press release,
September 20, 2024, https://www.plasticsindustry.org/newsroom/plastics-applauds-introduction-of-bipartisanlegislation-to-modernize-recycling-infrastructure/.
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Plastic Pollution and Policy Considerations: Frequently Asked Questions
to address plastic pollution across the plastic lifecycle. Table 6 summarizes a range of selected
policy options and tools by lifecycle stage and policy objective, as identified by selected entities
and publications. CRS selected these publications, which each examine policy options to address
plastic pollution across the plastic lifecycle, to represent a variety of stakeholder views (e.g., U.S.
federal government, international, and industry). Table notes identify the sources (e.g., reports
and respective entities) that identify, assess, and/or advocate for each of these options. CRS listed
sources for policy options mentioned in the selected reports. A source not being included for a
particular policy option does not necessarily mean the entity does not support it.
Policy options or tools to reduce plastic pollution and improve circularity generally fall under one
or more of the following broader policy objectives: reducing production or demand for certain
plastics or plastic products; designing plastic products for circularity; improving post-use
disposal, including enhancing recycling; and minimizing pollution and closing leakage pathways
into the environment. In Table 6, some of these policy options and tools are listed under more
than one objective. This analysis should not be considered comprehensive; rather it outlines a
wide range of policy options and tools available to address plastic pollution. Some of these
options may require further congressional authorization in order to be implemented at the federal
level.
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Table 6. Selected Policy Options to Address Plastic Pollution
Lifecycle Stage
Policy Objective
Policy Options and Tools
Plastic
Production and
Product
Manufacturing
Reduce production and
demand of certain plastics
(such as single-use,
unrecyclable, or frequently
littered plastic products)abcd
Identify single-use, unrecyclable, or frequently littered plastic products and identify alternative materials, products, or
systems with fewer environmental impacts, including through lifecycle analysisabcd
Establish an innovation challenge program to develop alternative materials, products, or systems with fewer
environmental impactsa
Promote industry-wide innovation in design and materials management, such as through economic incentives to
maximize the value of and trade in recycled and recyclable materialsce
Develop fiscal policy incentives for companies shifting operations to circular plasticsde
Reduce single-use plastic products across the federal government (e.g., through the acquisition process)ac
Review and potentially revise government purchasing criteria to ensure the government is purchasing sustainable
products (e.g., products that have recycled content or can be reused)abcd
Tax virgin plastic feedstockd
Tax certain plastic products (e.g., single-use products, frequently littered items, plastics under a certain recycled
content, primary or virgin plastics)b
Ban certain plastic products (e.g., single-use products, frequently littered items)bd
Ban specific chemicals in plastics (e.g., additives and polymers that are particularly hazardous to human health and the
environment)d
Impose restrictions, caps, or targets on primary polymer productionb
Reform fossil fuel subsidies that keep the prices of feedstock lowbd
Establish recycled content standards (e.g., requiring plastic packaging or products to include a certain percentage of
recycled plastic)bcde
Establish extended producer responsibilityabcde
Increase the demand for
recycled plastice
Design products for
circularity (products that
can be more easily or more
efficiently reused or
recycled, or that have
higher recycled content)abce
CRS-39
Coordinate domestic and international interests to support the development of international standards, including
product labeling, to increase the circularity of plastic productsab
Establish a single, standardized, global plastics labeling schemed
Create labels to demonstrate compliance with recycled content requirementse
Establish international standards and definitions for compostable and biodegradable materialsd
Establish recycled content standards (e.g., requiring plastic packaging or products to include a certain percentage of
recycled plastic)bcde
Establish design criteria and product standards for reuse and durabilitybd
Lifecycle Stage
Policy Objective
Policy Options and Tools
Establish design criteria to improve recyclability (e.g., remove dyes, pigments, and additives that interfere with recycling
economics)d
Establish design criteria to address microplastic leakage during use (e.g., tires and textiles)bd
Establish design criteria to substitute away from plastics where beneficial (e.g., paper plates or metal reusable water
bottles)bd
Phase out or ban certain plastics, applications, polymers, or chemicals of concernbd
Post-Use
Disposal
CRS-40
Improve post-use materials
management and enhance
recycling and reuseabcde
Enhance the effectiveness of existing public policies and incentives for decreasing waste generation and increasing the
reuse, collection, recycling, and conservation of plastic materialsa
Establish extended producer responsibilityabcde
Develop or expand capacity to maximize reuse (e.g., by providing funding to communities to create and implement
reuse plans and by researching obstacles to reuse and proposing solutions)ad
Enhance reuse schemes (e.g., bulk dispensers in store, deposits and packaging take-back, washing, and repair)d
Develop fiscal policy incentives for companies that implement reuse modelsd
Facilitate more effective composting of certified compostable products (e.g., through funding to improve community
composting capacity and reviewing and if needed, updating compostable product standards)ac
Establish recycled content standards (e.g., requiring plastic packaging or products to include a certain percentage of
recycled plastic)bcde
Adopt national recycling standards (e.g., minimum household access standards, minimum infrastructure capacity
standards, metrics and reporting standards to assess progress toward recycling goals)e
Support the development, deployment, and investment in technologies and infrastructure for solid waste collection,
sorting, and recyclingabcde
Scale up mechanical recycling capacityde
Support rapid scaling of chemical recycling, including by updating/clarifying regulatory requirements for these facilities to
improve consistency and regulatory certaintye
Support chemical recycling, if and when its sustainability is demonstrated through lifecycle analysis, for products that
mechanical recycling cannot managed
Develop international standard and definitions for compostable and biodegradable materialsd
Improve labeling to improve consumer sorting of wasted
Develop deposit-refund strategiesbd
Incentivize sorting/recycling in households by employing pay-as-you-throw regimes (i.e., consumers pay a variable cost
per bag or weight of mixed waste)b
Impose landfill fees or taxesbd
Lifecycle Stage
Policy Objective
Policy Options and Tools
Impose incineration fees or taxesbd
Support/explore possible ratification of the Basel Conventionacd
Environmental
Leakage/Pollution
CRS-41
Minimize pollution and
environmental and healthrelated impacts across the
plastic lifecycleabc
Perform lifecycle assessments of plastic products and potential alternatives to improve understanding of the health,
environmental, social, and economic impacts of products across their lifespanabcde
Develop methods to measure reductions in greenhouse gas (GHG) emissions from the lifecycle of plastic products and
alternative materials as part of meeting global, national, and state GHG emissions goalsa
Prioritize and evaluate research on primary plastic polymers, precursors, and associated chemicals of concern to assist
relevant agencies with mitigating risks to public health or the environmentc
Leverage federal research and funding to conduct or support studies on human health impacts of exposure across the
plastic lifecycle, including microplastics and nanoplastics and associated additivesc
Review, develop, update, and use sustainability standards, ecolabels (i.e., labels that help consumers identify products
that meet specific environmental performance), certifications, and design guidelines that decrease the environmental
impacts of plastic productsa
Establish design criteria to address microplastic leakage during use (e.g., tires and textiles)bd
Encourage industry-led, state-authorized, and voluntary actions to reduce harmful air, land, and water emissions from
plastic production, including chemical additivesc
Explore updates, such as to rules, guidance, labeling, or other policies under existing statutes (including the Clean Air
Act, Clean Water Act, Resource Conservation and Recovery Act, Safe Drinking Water Act, Toxic Substances Control
Act, Consumer Product Safety Improvement Act, Federal Food, Drug, and Cosmetic Act) that may affect pollution
related to the production or use of plastic, polymers, precursors, and related chemicalsc
Review and update, as appropriate, regulations relating to air emissions, water discharges of pollutants, waste disposal
from plastic production and recycling facilities, and other health and safety measures, including regulation of the
production and transport of plastic pellets and plastic additivesac
Prevent trash and
microplastics from entering
waterwaysabc
Explore expanded use of Clean Water Act authorities to reduce trash loadings into waterwaysac
Provide federal technical assistance to communities to include new or improved trash reduction and removal actions in
watershed, stormwater management, and related plansa
Improve water management to increase trash and microplastic capture in waterways and stormwater/wastewater
systems (e.g., fund research, development, deployment, and maintenance of technologies and processes that capture
trash or microplastics in waterways, stormwater, an
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