[Senate Report 118-42]
[From the U.S. Government Publishing Office]
Calendar No. 105
118th Congress } { Report
SENATE
1st Session } { 118-42
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THE RECYCLING AND COMPOSTING
ACCOUNTABILITY ACT
_______
June 22, 2023.--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. 1194]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1194) 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 without amendment and recommends that
the bill 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 32
percent,\1\ there is significant room to improve recycling
systems, keep valuable materials in the supply chain, and
ultimately reduce waste. At the same time, composting of food
and other organic waste has emerged as a way to promote
sustainability and fight climate change. Improving access to
recycling and composting services; collecting data about
recycling and composting capabilities and needs that federal,
state and local governments can use to inform policy decisions;
and supporting educational resources are all ways to improve
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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OBJECTIVE
The Recycling and Composting Accountability Act (RCAA) aims
to help Federal, State, local and Tribal governments improve
recycling and composting rates in the United States through
improved recycling and composting data collection, analysis,
and dissemination.
BACKGROUND
The United States lacks ways to accurately estimate how
recycling and composting systems perform across the country, as
well as comprehensive and accurate data about these systems.
Improved data collection on the local, state, and federal
levels will help policymakers and stakeholders make informed
decisions about how best to expand access to recycling and
composting programs, and improve program performance. Benefits
of collecting data include: improved data availability and
granularity for a range of recyclables; the ability to track
progress and make adjustments; the ability to compare data
across different jurisdictions and geographic locations; and
reduced data gaps. Improved data collection also allows for the
sharing of best practices across regions, States, and
municipalities.
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\
This is comparable to the emissions that would be reduced by
taking almost 42 million cars off the road for a year.\4\ In
2021, U.S. landfills released an estimated 122.6 million metric
tons of carbon dioxide equivalent (MMTCO2e) of methane into the
atmosphere.\5\ This represents 16.9 percent of the total U.S.
human-driven methane emissions across all sectors. MSW
landfills contributed 103.7 MMTCO2e (14.3 percent of total U.S.
methane emissions) while industrial landfills contributed the
remaining 18.9 MMTCO2e (2.6 percent of total).\6\ Improved
recycling and composting programs have the potential to divert
additional MSW from landfills, further reducing carbon and
methane emissions.
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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.
\4\https://www.epa.gov/facts-and-figures-about-materials-waste-and-
recycling/national-overview-facts-and-figures-materials#Recycling/
Composting.
\5\https://www.epa.gov/lmop/frequent-questions-about-landfill-
gas#: :text=Per%20the%20most%
20recent%20Inventory,methane%20emissions%20across%20all%20sectors.
\6\https://www.epa.gov/lmop/frequent-questions-about-landfill-
gas#: :text=Per%20the%20most%
20recent%20Inventory,methane%20emissions%20across%20all%20sectors.
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In the United States, communities face several barriers to
improving and developing recycling and composting programs,
including location, cost, and public education and
participation. Location challenges are particularly prohibitive
for rural communities, which often have limited access to
curbside recycling and composting programs or convenient drop-
off programs. Costs and pricing also play a significant role in
barring access to recycling and composting programs. For
example, many municipalities cannot afford to provide recycling
and composting services, and private services typically require
a fee for participation. Another widespread barrier to
recycling and composting is lack of information on how to
recycle and compost, including which materials can be recycled
and composted, what recycling and composting programs are
available locally, and how the consumer can participate in
those programs. Making basic information and educational
resources available to the consumer is critical to successful
recycling and composting.
Recycling programs: Currently, curbside recycling systems
in the United States are capturing an estimated 11.9 million
tons, or about 32 percent, of the 37.4 million tons of
recyclable material produced each year.\7\ Only about half of
all Americans have access to curbside recycling, some who have
access do not participate, and not all who participate do so
fully.\8\
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\7\https://www.epa.gov/system/files/documents/2021-11/final-
national-recycling-strategy.pdf.
\8\https://recyclingpartnership.org/wp-content/uploads/dlm_uploads/
2020/02/2020-State-of-Curbs ide-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 U.S. population has access to some kind of
composting program that accepts either food waste only, or food
waste and some forms of compostable packaging.\9\ Over 10
million American households have access to municipally
supported food scraps collection via curbside pick-up and/or
drop-off.\10\ The EPA does not currently have a national
composting strategy.
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\9\https://greenblue.org/work/compostingaccess/
#: :text=In%20total%2C%20at%20least%2027,so
me%20forms%20of%20compostable%20packaging.
\10\https://www.biocycle.net/residential-food-scraps-collection-
access-in-the-u-s/.
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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 concept of a ``circular
economy'' as an alternative. A circular economy is ``an
industrial system that is restorative or regenerative by
intention and design.''\11\ The elements of a circular economy
model are broken down into three parts: designing out waste and
pollution, keeping products and materials in use, and
regenerating natural systems. A truly circular economy focuses
on the infinite reuse of materials and aims for the elimination
of waste through the superior design of materials, products,
systems, and business models.\12\
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\11\https://ellenmacarthurfoundation.org/topics/circular-economy-
introduction/overview.
\12\https://www.sciencedirect.com/topics/engineering/circular-
economy-concept.
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SUMMARY OF THE BILL
Overall, the RCAA would help Federal, State, local and
Tribal governments improve recycling and composting rates in
the United States through improved recycling and composting
data collection, analysis, and dissemination.
EPA will collect data on: the numbers and costs of
different types of curbside and drop-off recycling and
composting programs; types of materials accepted; number of
individuals with access to or barriers in accessing recycling
and composting services; the contamination rates of various
types of recycling and composting programs; and information on
the number and capabilities of materials recovery facilities
(MRF) nationwide.
The EPA will analyze this data, make findings, and issue
several reports. The report topics include: the nation`s
current capacity to implement a national composting strategy;
the end market sale of recyclable and compostable materials
collected from households and publicly available compost drop-
off centers; and the diversion of recyclable materials from a
circular market. Additionally, the Comptroller General of the
United States, in consultation with the EPA Administrator, will
issue a report on federal agency recycling practices.
EPA will use this information and analysis to develop and
disseminate best practices that States, local governments and
Tribes may use to enhance recycling and composting. These
voluntary guidelines must include: labeling techniques;
pamphlets or other literature readily available to
constituents; educational resources for schools; and web and
media-based campaigns.
SECTION-BY-SECTION ANALYSIS
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 Congress' sense that recycling
conserves resources, protects the environment, and is important
to the U.S. economy. It also identifies several challenges
facing residential recycling and composting in the United
States and calls for the use of a combination of tactics to
improve our recycling and composting.
Sec. 4. Report on composting infrastructure capabilities
This section requires the EPA Administrator, in
consultation with States, local governments and Tribes, to
report on the capability of the United States to implement a
national composting strategy for compostable materials to
reduce contamination rates for recycling.
The report must include evaluations of: existing Federal,
State, and local laws that may pose barriers to implementation
of a national composting strategy; existing State, local and
Tribal composting programs, as well as a description of best
practices based on those programs; existing composting
infrastructure in States, localities, and Tribes for the
purposes of estimating cost and approximate land area needed to
expand composting programs; and the practices of manufacturers
and companies that are moving to using compostable packaging
and food service ware.
Sec. 5. Report on Federal agency recycling practices
This section requires the U.S. Comptroller General, in
consultation with the EPA Administrator, to issue a report on
Federal agency recycling practices. This report must 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 each Federal agency's activities 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 EPA
Administrator, within two years of enactment, to conduct an
inventory of the number of materials recovery facilities in
each unit State, and describe the materials that each such
facility can process.
It also requires the Administrator to establish a
comprehensive baseline of data for the U.S. recycling system by
collecting data on: the number of community curbside and drop-
off recycling and composting programs and the types of
materials they accept; the number of individuals with access to
or barriers to accessing recycling or composting services; the
inbound contamination and capture rates of different types of
community recycling or composting programs; and the average
costs and benefits of these programs to States, local
governments, and Tribes.
This section authorizes the Administrator to use funding
provided under the Act to: (1) collect data from States on the
quantity of materials recycled or composted; and (2) using that
data, provide technical assistance to States, local
governments, and Tribes to reduce waste and/or increase
recycling and composting rates.
Finally, this section directs the Administrator 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 from materials recovery
facilities that process recyclable materials collected from
households including the total, in dollars per ton, of domestic
sales of recyclable materials. The Administrator must also
report on the end market sale of compostable materials
collected from households and drop-off centers. This includes
the total, in dollars per ton, of domestic sales of compostable
materials.
While this provision focuses on the end market sale of
recyclable and compostable material from households and drop-
off sites, the Committee also 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 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 developing the metric,
the Administrator must study and report to Congress on the
proportion of recyclable materials in commercial and municipal
waste streams that were diverted from a circular market in each
of the prior ten years. The report must provide data on each
type of recyclable material diverted and how those specific
recyclable materials were lost through disposal or elimination.
The report must also evaluate whether establishing or improving
recycling programs would improve recycling rates or reduce the
quantity of recyclable materials lost to a circular market.
The Committee notes that 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
This section requires the EPA Administrator, using the
information gathered under this Act and in consultation with
States, local governments and Tribes, to develop best practices
to enhance recycling and composting. EPA must disseminate these
best practices through a resource such as the Model Recycling
Program Toolkit. Best practices include: labeling techniques
for waste, compostable materials, and recycling to create
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 labeling recyclable 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 the appropriation to the EPA
Administrator of such sums as are necessary to implement this
Act.
LEGISLATIVE HISTORY
On April 19, 2023, Senator Tom Carper, Chair of the U.S.
Senate Committee on Environment and Public Works introduced S.
1194, The Recycling and Composting Accountability Act. Senator
Shelley Moore Capito (R-W.Va.), Ranking Member of the Committee
on Environment and Public Works, and Senator John Boozman (R-
AR) joined as original cosponsors of the legislation. The bill
was referred to the Committee on Environment and Public Works.
On April 26, 2023, the Committee on Environment and Public
Works conducted the Business Meeting to consider S. 1194. The
Committee ordered S. 1194 to be reported favorably without
amendment by a voice vote.
HEARINGS
In the 117th Congress, on February 2, 2022, the Committee
on Environment and Public Works held a legislative hearing
entitled ``Legislative Proposals to Improve Domestic Recycling
and Composting Programs.'' The purpose of this hearing was to
allow the Committee to consider stakeholder testimony regarding
two draft pieces 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 information about the need to improve
data collection on recycling and composting, as well as on
EPA's ability to provide technical assistance to improve
recycling and composting programs. The Committee also heard
about 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 held an earlier hearing addressing recycling
on September 22, 2021, entitled ``The Circular Economy as a
Concept for Creating a More Sustainable Future.'' This hearing
examined: (1) challenges facing local governments when
implementing domestic recycling programs and developing
associated domestic industries; and (2) private and public
sector policies that promote a circular economy by encouraging
the recycling, reuse, and substitution of materials across a
wide range of industries. In this hearing, the Committee
learned about 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 reuse 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 a resilient U.S.
recycling system.
Additionally, on December 15, 2022, the Environment and
Public Works Subcommittee on Chemical Safety, Waste Management,
Environmental Justice, and Regulatory Oversight held a hearing
on single-use plastics entitled ``Examining the Impact of
Plastic Use and Identifying Solutions for Reducing Plastic
Waste.'' This hearing allowed the Committee members to hear
stakeholder views on the use and impact of single-use plastics
in America, with a focus on mechanisms to reduce, reuse, and
recycle plastics and mitigate their impact on public health and
the environment. Among other issues, this hearing addressed the
challenges in disposing of plastic waste, such as low recycling
rates, escape of material into the environment, and release of
toxins from incineration, co-incineration, gasification, and
pyrolysis.
ROLL CALL VOTES
The Committee on Environment and Public Works met to
consider S. 1194 on April 26, 2023. With a voting quorum
present, the Committee ordered the bill to be favorably
reported by voice vote.
REGULATORY IMPACT STATEMENT
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee has evaluated the
regulatory impact of the reported bill. This bill will not
directly regulate individuals or businesses or create any
additional regulatory burdens, and will not have any adverse
effect on the personal privacy of individuals.
MANDATES ASSESSMENT
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee notes that S. 1194 contains
no intergovernmental or private-sector mandates as defined in
the Unfunded Mandates Reform Act (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
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the Committee to report changes in existing law made
by the bill. Passage of this bill will make no changes to
existing law.