[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.
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