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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Plastic Pollution and Policy Considerations: Frequently Asked Questions

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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Plastic Pollution and Policy Considerations: Frequently Asked Questions

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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Plastic Pollution and Policy Considerations: Frequently Asked Questions

(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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Plastic Pollution and Policy Considerations: Frequently Asked Questions

•

•

•

•

•

•

•

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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Plastic Pollution and Policy Considerations: Frequently Asked Questions

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...)

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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 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.

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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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Plastic Pollution and Policy Considerations: Frequently Asked Questions

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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Plastic Pollution and Policy Considerations: Frequently Asked Questions

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.

Congressional Research Service

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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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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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