[Senate Report 117-136]
[From the U.S. Government Publishing Office]


117th Congress     }                                  {         Report
                                 SENATE
 2d Session        }                                  {        117-136

======================================================================



 
       THE RECYCLING INFRASTRUCTURE AND ACCESSIBILITY ACT OF 2022

                                _______
                                

                 August 2, 2022.--Ordered to be printed

                                _______
                                

    Mr. Carper, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3742]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 3742) to establish a pilot program to 
improve recycling accessibility, and for other purposes, having 
considered the same, reports favorably thereon and recommends 
that the bill do pass.

                           GENERAL STATEMENT

    Communities in the United States face several barriers to 
accessing recycling and composting programs, with the primary 
barrier being their location. Rural communities have different 
location-based recycling and composting program challenges than 
urban or suburban communities, such as limited access to 
curbside recycling and composting programs or convenient drop-
off programs. The price of services also plays a role in 
precluding access to recycling and composting programs. For 
example, some services require that communities or households 
pay a fee in order to participate.

Objectives

    The goal of this bill is to establish a new program to fund 
eligible projects that will significantly improve underserved 
communities' accessibility to recycling systems. That goal is 
reached through investments in infrastructure in underserved 
communities using a hub-and-spoke model for recycling 
infrastructure development. This model consists of centralized 
processing centers (hubs) that receive recyclables from 
surrounding rural communities (spokes). This hub-and-spoke 
model reduces the cost for communities to transport recyclables 
and ensures sufficient material is processed at one hub to make 
recycling financially viable.

Summary of the bill

    This bill would establish a pilot program, known as the 
Recycling Infrastructure and Accessibility Program, at the 
Environmental Protection Agency. This pilot program would award 
grants, on a competitive basis, to eligible entities, which 
include: a State per 42 U.S.C. 6903; a unit of local 
government; an Indian Tribe; and a public-private partnership, 
to improve recycling accessibility in a community or 
communities within the same geographic area.
    In selecting eligible entities to receive a grant under the 
pilot grant program, the bill requires the Administrator to 
consider:
    1. Whether the community or communities in which the 
eligible entity is seeking to carry out a proposed project has 
curbside recycling.
    2. Whether the proposed project of the eligible entity will 
improve accessibility to recycling services in a single 
underserved community or multiple underserved communities.
    3. If the eligible entity is a public-private partnership, 
the financial health of the private entity seeking to enter 
into that public-private partnership.
    Priority for these grants will be given to eligible 
entities seeking to carry out a proposed project in a community 
in which there is not more than 1 materials recovery facility 
within a 75-mile radius of that community.
    An eligible entity awarded a grant under the pilot grant 
program may use the grant funds for projects to improve 
recycling accessibility in communities, including in 
underserved communities, by:
    1. Increasing the number of transfer stations.
    2. Expanding curbside recycling collection programs where 
appropriate; and
    3. Leveraging public-private partnerships to reduce the 
costs associated with collecting and transporting recyclable 
materials in underserved communities.
    Finally, the legislation makes clear that grants awarded 
under this pilot program may not be used to fund recycling 
education programs.

                               BACKGROUND

    The modern United States recycling system, which has been 
in place for more than 30 years, is wrought with challenges and 
opportunities. The concept of reduce, reuse, and recycle has 
allowed millions of Americans the opportunity to participate in 
recovering materials as a way of reducing the volumes of waste 
headed for disposal and protecting the environment. However, 
the many challenges that plague our nation's recycling system 
have often been unrecognized by the broader public.
    In the United States, state and local law--not federal 
law--governs recycling programs. Towns, cities, and counties 
manage recycling programs, typically through partnerships with 
private sector entities. Recycling programs can involve 
curbside collection, which takes place along with weekly trash 
collection, as well as drop-off recycling, which takes place at 
one or more principal locations within a community. Local 
governments typically fund recycling programs through the sale 
of recyclable materials and user fees, also known as tipping 
fees. A user fee is typically paid by trash collection 
companies or other entities for disposing of materials at a 
landfill. In some cases, the revenue generated by 
municipalities through the collection of user fees is used to 
offset the cost of recycling programs.
    The collection of curbside recyclables from millions of 
individual homes across America can have an enormous economic 
benefit. Even with its current challenges, the United States 
recycling system has a significant impact on our nation's 
economy because it provides a consistent source of commodity 
feedstocks to manufacturers worldwide.
    Currently, two key challenges are preventing the United 
States recycling system from realizing its full potential: lack 
of material demand and contamination of collected items 
destined for recycling. For decades, much of the United States 
recycling system sent its recyclable materials to entities 
which exported these materials to China. Cargo ships, which 
would otherwise return empty to China, offered rates that often 
made it less expensive to ship recyclable materials to China 
than to ship these materials for processing domestically. Due 
to several factors, in 2018 China began prohibiting imports of 
mixed paper, mixed plastic, and other waste. While India and 
several countries in Southeast Asia have taken some of this 
waste, these countries recently imposed their own restrictions 
on imported waste from the United States due to high levels of 
contamination.
    Prior to 2018, China's willingness to import mixed paper 
and mixed plastic enabled local recycling programs in the 
United States to adopt ``single stream'' recycling--something 
only practiced in a few other places in the world. Single 
stream recycling allows consumers to put all recyclable 
materials into a single bin which, in turn, helps boost 
consumers' recycling participation rates.
    Rules concerning which materials can and cannot be recycled 
in curbside recycling programs vary widely within the United 
States. As a result, consumers often comingle recyclable 
materials (e.g., aluminum cans) with materials that cannot be 
recycled (e.g., materials with food contamination) or cannot be 
recycled locally (e.g., electronics). Contamination can add 
substantial cost for local recycling programs because the value 
of recyclable materials depends upon the value of virgin 
materials and the purity of the recyclable materials. State and 
local governments generally indicate that reducing 
contamination rates in a cost-effective manner would allow them 
to find or develop new markets for their recyclable materials.
    Most municipal recycling occurs at specialized locations 
known as materials recovery facilities (MRFs). Recyclable 
materials sourced from municipal curbside collection programs 
are transported to MRFs to be processed. These facilities have 
become highly sophisticated in order to be able to handle the 
increasing variability in materials sent to a MRF. Modern MRFs 
often utilize advanced technology like optical sorters and 
robots to reduce contamination and separate materials. As such, 
owning and operating a MRF has become increasingly expensive.
    Due to the volatile nature of the recycling market, most 
MRFs need to process a large quantity of recyclable materials 
to stay in operation. Unfortunately, MRFs operate on thin 
margins and are highly sensitive to changes in demand. As a 
result, most MRFs are now run by private sector companies and 
are located in densely populated areas. This trend has made 
recycling in rural communities more challenging.
    Many rural communities are too geographically remote from 
the closest MRF to make recycling from a curbside pick-up 
program economical due to transportation costs. As a result, 
most rural communities do not have curbside recycling programs 
in place. Instead, rural residential recycling usually consists 
of smaller-scale drop-off programs. Residents of rural 
communities must collect their own recyclables and bring them 
to a specified location. This method of recycling can be 
inconvenient for rural residents, which is reflected in the 
fact that participation in rural drop-off recycling programs 
ranges from low to nonexistent. For example, rural states like 
West Virginia, Alaska, Louisiana, and Mississippi have among 
the lowest recycling rates in the country.
    While the United States recycling market is beginning to 
correct itself from the shock incurred from China's 2018 
decision, it is well-understood that the current system is not 
capable of dealing with the increasing amount of waste derived 
from single-use products. Manufacturers' transition to single-
use products, such as cans and bottles, has helped enable much 
of the modern world's convenience. Single-use plastic is 
durable, cheap, efficient to produce, and can be used in a 
variety of applications. For example, single-use plastic has 
been used extensively during the COVID-19 pandemic in medical 
devices, personal protective equipment, and vaccine delivery 
kits. It also reduces food waste by extending the shelf life of 
perishables, enables the production of lower emitting 
automobiles, and is used in construction materials.
    However, single-use products, especially single-use 
plastics, have placed an enormous burden on the environment and 
our landfills. Further investment into the United States 
recycling system aimed at addressing the issues of 
contamination and lack of demand are needed to help bridge the 
gap between our reliance on single-use products and our 
stewardship of the environment.

                           SECTION-BY-SECTION

      S. 3742, THE RECYCLING INFRASTRUCTURE AND ACCESSIBILITY ACT

Sec. 1. Short title

    This Act may be cited as the ``Recycling Infrastructure and 
Accessibility Act of 2022''.

Sec. 2. Recycling Infrastructure and Accessibility Program

    Establishes a pilot program, known as the Recycling 
Infrastructure and Accessibility Program, at the Environmental 
Protection Agency. This pilot program would award grants, on a 
competitive basis, to eligible entities to improve recycling 
accessibility in a community or communities within the same 
geographic area. The goal of the program is to fund eligible 
projects that will significantly improve accessibility to 
recycling systems through investments in infrastructure in 
underserved communities through the use of a hub-and-spoke 
model for recycling infrastructure development.
    In selecting eligible entities to receive a grant under the 
pilot grant program, the Administrator shall consider:
    (1) Whether the community or communities in which the 
eligible entity is seeking to carry out a proposed project has 
curbside recycling;
    (2) Whether the proposed project of the eligible entity 
will improve accessibility to recycling services in a single 
underserved community or multiple underserved communities; and
    (3) If the eligible entity is a public-private partnership, 
the financial health of the private entity seeking to enter 
into that public-private partnership.
    Priority for these grants will be given to eligible 
entities seeking to carry out a proposed project in a community 
in which there is not more than 1 materials recovery facility 
within a 75-mile radius of that community.
    An eligible entity awarded a grant under the pilot grant 
program may use the grant funds for projects to improve 
recycling accessibility in communities, including in 
underserved communities, by:
    (1) Increasing the number of transfer stations;
    (2) Expanding curbside recycling collection programs where 
appropriate; and,
    (3) Leveraging public-private partnerships to reduce the 
costs associated with collecting and transporting recyclable 
materials in underserved communities.
    Grants awarded under this pilot program may not be used to 
fund recycling education programs.

                          LEGISLATIVE HISTORY

    On March 3rd, 2022, Senator Shelley Moore Capito, Ranking 
Member of the U.S. Senate Environment and Public Works (EPW) 
Committee introduced S. 3742, The Recycling Infrastructure and 
Accessibility Act of 2022. Tom Carper (D-Del), Chair of the EPW 
Committee, and Senator Boozman (R-Ark.) joined as original 
cosponsors of the legislation. The bill was referred to the 
Committee on Environment and Public Works.
    On April 7, 2022 the Committee on Environment and Public 
Works conducted a Business Meeting to consider S. 3742. The 
Committee ordered S. 3742 to be favorably reported by a voice 
vote.

                                HEARINGS

    A legislative hearing was held by the Committee on 
Environment and Public Works on February 2nd, 2022, entitled 
``Legislative Proposals to Improve Domestic Recycling and 
Composting Programs.'' The purpose of this hearing was to allow 
committee members to consider and hear stakeholder testimony 
regarding two draft versions of legislation within the 
Committee's jurisdiction aimed at improving recycling, S. 3743, 
The Recycling and Composting Accountability Act and S. 3742, 
The Recycling Infrastructure and Accessibility Act. The hearing 
provided the committee with information on the barriers that 
rural and economically-depressed communities, including 
minority communities, face in accessing recycling programs, as 
well as the challenges to municipal governments in providing 
recycling services. The Committee also heard about the need to 
improve recycling and composting data collection by the 
Environmental Protection Agency, as well as the ability of the 
Agency to provide technical assistance on improving recycling 
and composting programs.
    A recycling related hearing was held by the Committee on 
Environment and Public Works on September 22nd, 2021, entitled 
``The Circular Economy as a Concept for Creating a More 
Sustainable Future.'' The purpose of this hearing was to 
examine (1) challenges facing local governments when 
implementing domestic recycling programs and developing 
associated domestic industries, as well as (2) private and 
public sector policies that serve to promote a circular economy 
concept by encouraging the recycling, reuse, and substitution 
of materials across a wide range of industries.
    The hearing provided the Committee with an understanding as 
to the systemic and emerging challenges to domestic recycling 
and manufacturing industries and the potential of a 
regenerative circular economy model to reduce or eliminate 
waste through the continual use of resources. Challenges to 
domestic recycling include the rise of new waste streams, 
contamination of recyclables, and a lack of American processing 
and downstream manufacturing infrastructure that can compete 
internationally on cost. The hearing explored existing and 
proposed policies that promote circularity, including 
recycling, across a wide range of industries, including but not 
limited to: plastic, aluminum, scrap metal, and critical 
minerals. The Committee also explored the role the Federal 
government, in partnership with states, local governments, and 
the private sector, can play in promoting the transition to a 
circular economy, including promoting a resilient United States 
recycling system.

                            ROLL CALL VOTES

    The Committee on Environment and Public Works met to 
consider S. 3742 on April 7th, 2022. The bill was ordered to be 
favorably reported by voice vote, with a voting quorum of the 
Committee present.

                      REGULATORY IMPACT STATEMENT

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill.
    The bill does not create any additional regulatory burdens, 
nor will it cause any adverse impact on the personal privacy of 
individuals.

                          MANDATES ASSESSMENT

    S. 3742 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA). The bill contains 
no new private-sector mandates as defined in UMRA.

                          COST OF LEGISLATION

    Due to time constraints the Congressional Budget Office 
estimate was not included in the report when received by the 
committee, it will appear in the Congressional Record at a 
later time.

                        CHANGES IN EXISTING LAW

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
are reported. Passage of this bill will make no changes to 
existing law.

                                  [all]