[Senate Report 118-42]
[From the U.S. Government Publishing Office]


                                                      Calendar  No. 105
                                                       
118th Congress }                                               {  Report
                                 SENATE
 1st Session   }                                               {  118-42

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



 
                      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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \11\https://ellenmacarthurfoundation.org/topics/circular-economy-
introduction/overview.
    \12\https://www.sciencedirect.com/topics/engineering/circular-
economy-concept.
---------------------------------------------------------------------------

                          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.