[Senate Report 117-137]
[From the U.S. Government Publishing Office]


117th Congress     }                                  {         Report
                                 SENATE
 2d Session        }                                  {        117-137

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



 
            THE RECYCLING AND COMPOSTING ACCOUNTABILITY ACT

                                _______
                                

                 August 2, 2022.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 3743]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 3743) to require the Administrator of the 
Environmental Protection Agency to carry out certain activities 
to improve recycling and composting programs in the United 
States, and for other purposes, having considered the same, 
reports favorably thereon with an amendment in the nature of a 
substitute and recommends that the bill, as amended, do pass.

                           GENERAL STATEMENT

    In the United States, recycling programs are challenged by 
a variety of issues ranging from contamination and misleading 
labeling to limited infrastructure and limited end-markets for 
recycled materials. With a national recycling rate of only 32 
percent,\1\ there is significant room to improve our recycling 
systems and better understanding them, increase circularity 
within the economy, and ultimately reduce waste. At the same 
time, composting of food and other organic waste has emerged as 
a way to further promote sustainability and fight climate 
change, though collection of recyclable products and food and 
organic waste remains segmented across the country. Improving 
access to recycling and composting services; collecting data 
that federal, state and local governments can use to inform 
policy decisions; and supporting educational resources are all 
ways to improve the current state of recycling and composting 
programs in the United States.
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    \1\https://www.epa.gov/recyclingstrategy/america-recycles-day.
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    The United States lacks an accurate estimation of recycling 
and composting system performance across the country and 
comprehensive and accurate data about them. Improved data 
collection on the local, state, and federal levels will assist 
policymakers and stakeholders in making informed decisions 
regarding expanding access to recycling and composting 
programs, and improve program performance. Benefits of 
collecting measurement data include: improved data availability 
and granularity for a range of recyclables; creating the 
ability to track progress clearly and make adjustments; 
allowing for the ability to compare data across different 
jurisdictions; and minimizing data gaps.
    In 2018, approximately 292 million tons of municipal solid 
waste (MSW) was generated in the United States.\2\ Together, 
32.1 percent of MSW (about 94 million tons) was mechanically 
recycled or composted, preventing over 193 million metric tons 
of carbon dioxide equivalent from entering the atmosphere.\3\
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    \2\https://www.epa.gov/system/files/documents/2021-11/final-
national-recycling-strategy.pdf.
    \3\https://www.epa.gov/system/files/documents/2021-11/final-
national-recycling-strategy.pdf.
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    Recycling programs: Currently, curbside recycling systems 
in the United States are capturing an estimated 11.9 million 
tons, or only about 32 percent, of the 37.4 million tons of 
recyclable material produced each year.\4\ Only half of 
Americans have access to curbside recycling, some who have 
access do not participate, and not all who participate do so 
fully.\5\
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    \4\https://www.epa.gov/system/files/documents/2021-11/final-
national-recycling-strategy.pdf.
    \5\https://recyclingpartnership.org/wp-content/uploads/dlm_uploads/
2020/02/2020-State-of-Curbside-Recycling.pdf.
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    Compost programs: Composting programs are typically 
accessed through municipally run curbside programs, privately 
run curbside programs, or drop-off programs. At least 27 
percent of the United States population has access to some kind 
of composting program that accepts either food waste only, or 
food waste and some forms of compostable packaging.\6\ Over 10 
million American households have access to municipally 
supported food scraps collection via curbside pick-up and/or 
drop-off.\7\ The United States Environmental Protection Agency 
(EPA) does not currently have a national composting strategy.
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    \6\https://greenblue.org/work/compostingaccess/
#::text=In%20total%2C%20at%20least%2027, 
some%20forms%20of%20compostable%20packaging.
    \7\https://www.biocycle.net/residential-food-scraps-collection-
access-in-the-u-s/.
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    In the United States, communities face several barriers to 
improving and developing recycling and composting programs, 
with the primary barrier being location. Rural communities have 
different location-based recycling and composting program 
challenges than urban or suburban communities, such as limited 
access to curbside recycling and composting programs or 
convenient drop-off programs. Another barrier to accessing 
recycling and composting programs is lack of educational 
resources. Determining what materials can be recycled and 
composted, as well as what programs are available at the state 
and local level, is often dependent on the availability of 
educational resources and information for the consumer. Price 
also plays a role in barring access to recycling and composting 
programs. For example, some services require a fee for 
participation.
    In drafting this legislation, the Committee recognizes that 
efforts to improve recycling are only one element in the 
transition to a circular economy. Policies that support waste 
reduction and material reuse should also be considered in 
developing policies to achieve a sustainable future.

Objectives

    The Recycling and Composting Accountability Act (RCAA) aims 
to: identify the challenges facing America's recycling and 
composting infrastructure; improve recycling and composting 
tactics and data collection; and determine best practices to 
enhance the recycling and composting of renewable materials.

                          SUMMARY OF THE BILL

    The RCAA would require the EPA to work with states, local 
governments, and Indian Tribes to prepare a report that 
describes the capability of the United States to implement a 
national composting strategy. This report will evaluate 
existing laws that may present barriers to the implementation 
of such a strategy, as well as evaluate existing composting 
programs and composting infrastructure across the country.
    This bill would establish a comprehensive baseline of data 
for the United States recycling system, including:
    1. The number of community curbside recycling, drop-off 
recycling, and composting programs;
    2. The types of materials accepted by each program;
    3. The number of individuals with access to recycling and 
composting services;
    4. The number of individuals with barriers to recycling and 
composting services; and
    5. Contamination rates of community curbside recycling, 
drop-off recycling, and composting programs;
    6. The average cost to States, units of local government, 
and Indian Tribes of recycling and composting programs.
    In addition, the RCAA would require the EPA to prepare an 
inventory of the number of materials recovery facilities (MRF) 
in each unit of local government in each state, and a 
description of the materials that each MRF can process. It 
would also allow the Agency to collect standardized data from 
states on the rate of recyclable materials that have been 
successfully diverted from the waste stream and brought to a 
MRF or a composting facility.
    This bill directs EPA to prepare a report on the end market 
sale of all recyclable materials and compostable materials 
collected from households and publicly available drop off 
centers in the United States. It also directs the Agency to 
develop a metric for studying, and issue a report on, the 
proportion of recyclable materials in commercial and municipal 
waste streams that are being diverted from a circular market 
through elimination or disposal.
    This bill would also explore the recycling practices used 
by Federal agencies by issuing a report on the total annual 
recycling rates reported by all agencies, including the total 
annual percentage of products containing renewable materials, 
recyclable materials, or recovered materials purchased by all 
agencies. It would also look at the activities of each agency 
that promote recycling or composting.
    The RCAA will determine, based on the results of the 
studies, reports, inventory, and data collected under this 
bill, voluntary guidelines that states, units of local 
government, and Indian Tribes may use to enhance recycling and 
composting. These voluntary guidelines will include:
    1. Labeling techniques for waste, compost, and recycling 
bins, with the goal of creating consistent, readily available, 
and understandable labeling across jurisdictions;
    2. Pamphlets or other literature readily available to 
constituents;
    3. Primary and secondary school educational resources on 
recycling; and
    4. Web and media-based campaigns.

                               BACKGROUND

    Americans have recycled and reused materials throughout 
history; however, following World War II, waste in the United 
States grew immensely as massive amounts of single-use products 
overburdened landfills. The transition to single-use products, 
such as cans and bottles, was a revolutionary shift that lifted 
the burden for consumers, many of whom were working and found 
the single-use products liberating. Single-use products, 
especially plastics, were and continue to be extremely useful 
and convenient products. Hospitals rely on plastic products for 
critical healthcare equipment, and Americans rely on single-use 
water bottles for access to safe and clean water after natural 
disasters, per Federal Emergency Management Agency and American 
Red Cross guidelines.\8\
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    \8\https://www.fema.gov/pdf/library/f&web.pdf.
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    However, single-use products have placed an enormous burden 
on the environment and our landfills. In the 1960s and '70s, 
modern curbside recycling was born in an effort to bring 
convenience to consumers and help resolve the waste issue. 
Unfortunately, recycling is challenged to this day by a variety 
of issues ranging from contamination and misleading labeling to 
limited infrastructure and no viable end-markets for many of 
the materials marketed as recyclable. One of the greatest 
impacts is that municipalities across the country are having to 
decide between paying higher recycling fees and throwing their 
recycling into a landfill because there is no longer a market 
for recycled materials.\9\
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    \9\https://www.theatlantic.com/technology/archive/2019/03/china-
has-stopped-accepting-our-trash/584131/
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    The limitations of America's recycling system, combined 
with decreased demand in the global waste market, and the 
failures of our current approaches to waste management have 
driven increased interest in the circular economy concept as an 
alternative.

                           SECTION-BY-SECTION

Sec. 1. Short title

    This Act may be cited as the ``Recycling and Composting 
Accountability Act.''

Sec. 2. Definitions

    This section defines, ``Administrator,'' ``circular 
market,'' ``compost,'' ``compostable material,'' ``composting 
facility,'' ``Indian tribe,'' ``Materials Recovery Facility,'' 
``recyclable material,'' ``recycling,'' ``State,'' and 
``processing.''

Sec. 3. Sense of Congress

    This section states it is the Sense of Congress that 
recycling conserves resources, protects the environment, and is 
important to the United States' economy. It also identifies 
several challenges facing recycling infrastructure and calls 
for the use of a combination of tactics to improve recycling 
and composting in the United States.

Sec. 4. Report on composting infrastructure capabilities

    This section requires the Administrator of the EPA, in 
coordination with States, units of local government, and Indian 
Tribes, to prepare a report describing the capability of the 
United States to implement a national composting strategy for 
compostable materials for the purposes of reducing 
contamination rates for recycling.
    The report must include an evaluation of existing Federal, 
State, and local laws that may present barriers to 
implementation of a national composting strategy; an evaluation 
of existing composting programs of States, units of local 
government, and Indian Tribes and a description of best 
practices based on those programs; an evaluation of existing 
composting infrastructure in States, units of local government, 
and Indian Tribes for the purposes of estimating cost and 
approximate land needed to expand composting programs; and a 
study of the practices of manufacturers and companies that are 
moving to using compostable packaging and food service ware for 
the purpose of making the composting process the end-of-life 
use of those products.

Sec. 5. Report on Federal Agency Recycling Practices

    This section requires the Comptroller General of the United 
States, in consultation with the Administrator of the EPA, to 
issue a report on Federal Agency Recycling Practices. This 
report shall include the total annual recycling and composting 
rates reported by all Federal agencies; the total annual 
percentage of products containing recyclable material, 
compostable material, or recovered materials purchased by all 
Federal agencies; recommendations for updating the 
comprehensive procurement guidelines published under the Solid 
Waste Disposal Act (42 U.S.C. 6903) and the environmentally 
preferable purchasing program established under the Pollution 
Prevention Act (42 U.S.C. 13103(b)(11)); and the activities of 
each Federal agency that promote recycling or composting.

Sec. 6. Improving data and reporting

    This section aims to improve measurement, data, and 
reporting related to recycling. It requires the Administrator 
of the EPA, not later than one year after the date of 
enactment, to conduct an inventory of the number of materials 
recovery facilities in each unit of local government in each 
state, and describe the materials that can be processed by each 
materials recovery facility.
    It also requires the Administrator of the EPA to establish 
a comprehensive baseline of data for the United States 
recycling system by looking at the number of community curbside 
and drop-off recycling and composting programs and the types of 
materials they accept. The Administrator of the EPA shall also 
collect data on the number of individuals with access or 
barriers to recycling or composting services; the inbound 
contamination and capture rates of community curbside 
recycling, drop-off recycling, or composting programs; and the 
average cost to States, units of local government, and Indian 
Tribes of recycling and composting programs.
    The Administrator of the EPA may also use funding to 
collect data from states on the amount of recyclable materials 
that have been successfully diverted from the waste stream and 
brought to a materials recovery facility or composting 
facility.
    This section also allows the Administrator to provide 
technical assistance to States, units of local government, and 
Indian Tribes that wish to reduce their overall waste and/or 
increase recycling and composting rates.
    Finally, this section directs the Administrator of the EPA 
to expand the report submitted under section 306 of the Save 
Our Seas 2.0 Act (Public Law 116-224; 134 Stat. 1096) to 
include the end-market sale of all recyclable materials, in 
addition to recycled plastics as described in that section, 
from materials recovery facilities that process recyclable 
materials collected from households including the total, in 
dollars per ton, of domestic sales of bales of recyclable 
materials.
    The Administrator of the EPA must also prepare a report on 
the end market sale of compostable materials collected from 
households and publicly available compost drop-off centers. 
This (includes the total, in dollars per ton, of domestic sales 
of compostable materials.
    While the bill, as written, focuses on the end market sale 
of recyclable and compostable material from households and 
publicly available drop-off sites, the Committee recognizes the 
importance of collecting data on industrial and commercial 
sources of recyclable materials alongside data on recyclable 
materials collected from residential or drop off programs.

Sec. 7. Study on the diversion of recyclable materials from a circular 
        market

    This section requires the Administrator of the EPA to 
develop a metric for determining the proportion of recyclable 
materials in commercial and municipal waste streams that are 
being diverted from a circular market. One year after the 
development of the metric, the Administrator shall conduct a 
study of, and submit to Congress a report on, the proportion of 
recyclable materials in commercial and municipal waste streams 
that, during each of the ten calendar years preceding the year 
of submission of the report, were diverted from a circular 
market.
    The report shall provide data on specific recyclable 
materials (e.g., aluminum, plastics, paper and paperboard, 
textiles, and glass) that were prevented from remaining in a 
circular market through disposal or elimination, and to what 
use those specific recyclable materials were lost. The report 
shall include an evaluation of whether the establishment or 
improvement of recycling programs would improve recycling rates 
or reduce the quantity of recyclable materials being unutilized 
in a circular market.
    The Committee understands that recyclable materials and 
their associated markets are continually evolving. 
Specifically, the demand for recycled content in packaging is 
growing and many American consumers rely on the ``recycled 
content'' labels on packaging to inform their purchases. As a 
result, the Committee would like to better understand the 
different treatment of certain categories of recovered 
materials (e.g., post-industrial materials, pre-consumer 
materials, and post-consumer materials) under existing law, 
guidance, and standards, as well as the requirements of 
producers to certify the recycled-content in packaging. The 
Committee encourages the EPA, in its implementation of this 
Act, to include and assess the differences between, and the 
necessity of, these categories of recovered materials as it 
relates to the circular market.

Sec. 8. Voluntary guidelines

    Finally, this section requires the Administrator of the 
EPA, in coordination with States, units of local government, 
and Indian Tribes, to develop, based on the results of the 
studies, reports, inventory, and data collected under this Act, 
best practices to enhance recycling and composting. This 
includes best practices including: labeling techniques for 
waste, compostable materials, and recycling with the goal of 
creating consistent, readily available, and understandable 
labeling across jurisdictions; pamphlets or other literature 
readily available to constituents; primary and secondary school 
educational resources on recycling; web and media-based 
campaigns; and guidance for the labeling of recyclable 
materials and compostable materials that minimizes 
contamination and further diversion of those materials from 
recycling and composting systems.

Sec. 9. Authorization of appropriations

    This section authorizes such sums as necessary for this 
Act.

                          LEGISLATIVE HISTORY

    On March 3rd, 2022, Senator Tom Carper, Chair of the U.S. 
Senate Environment and Public Works (EPW) Committee introduced 
S. 3743, The Recycling and Composting Accountability Act. 
Shelley Moore Capito (R-W.Va.), Ranking Member of the EPW 
Committee, and Senator Boozman (R-AR) joined as original 
cosponsors of the legislation. The bill was referred to the 
Committee on Environment and Public Works.
    On April 7, 2022 the Committee on Environment and Public 
Works conducted the Business Meeting to consider S. 3743. The 
Committee ordered S. 3743 to be favorably reported with an 
amendment in the nature of a substitute by a voice vote.

                                HEARINGS

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

                            ROLL CALL VOTES

    The Committee on Environment and Public Works met to 
consider S. 3743 on April 7th, 2022. The bill, with an 
amendment in the nature of a substitute, was ordered to be 
favorably reported by voice vote, with a voting quorum present.

Amendments approved

    The following amendment to the amendment in the nature of a 
substitute to S. 3743 was approved by voice vote:
    Carper #1--This amendment expanded the Sense of Congress to 
underscore the importance of composting. The amendment also 
adds institutions, such as colleges or universities, as a named 
source of recyclable materials and compostable materials. It 
also amended the language to allow the EPA to explore a broad 
range of sources of compostable materials for the report on 
Composting Infrastructure Capabilities. The amendment also 
requires the EPA to include the average cost to States, units 
of local government, and Indian Tribes for recycling and 
composting programs when establishing a Comprehensive Baseline 
of Data for the United States recycling system.

Final committee vote to report

    S. 3743, with an amendment in the nature of a substitute, 
as amended by Carper #1, was ordered to be favorably reported 
by a voice vote.

                      REGULATORY IMPACT STATEMENT

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

                          MANDATES ASSESSMENT

    S. 3743 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA). The bill contains 
no new private-sector mandates as defined in UMRA.

                          COST OF LEGISLATION

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

                        CHANGES IN EXISTING LAW

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

                                  [all]