Protecting Communities From Plastics Act would target plastic production

U.S. Sen. Cory Booker of New Jersey and Rep. Jared Huffman of California have joined with Sen. Jeff Merkley of Oregon and Rep. Alan Lowenthal of California to introduce the Protecting Communities From Plastics Act (PCPA) legislation the Democrats say addresses the plastic production crisis.

According to a news release issued by Booker’s office, plastic production and consumption, which are poised to double in the next decade, will drive more pollution in environmental justice communities around the United States. “Petrochemical, plastic production and waste incineration facilities, which are disproportionately located in or near Black, Brown, and low-wealth communities, release harmful air and water pollution that cause increased incidences of asthma, cancers, endocrine disruption, development disorders and heart disease,” the news release states. “Transitioning off of fossil fuels only to replace that demand with more fossil-based plastic production is not a sustainable solution and will continue to perpetuate existing climate and environmental justice impacts.”

The Protecting Communities From Plastics Act would crack down on the plastic production process, building on key provisions from the Break Free From Plastic Pollution Act. It establishes stricter rules for petrochemical plants designed to safeguard the health of American communities and reduce greenhouse gas emissions and also targets chemical recycling of plastics. It would create new nationwide targets for plastic source reduction and reuse in the packaging and food service sectors. These targets are paired with federal incentives to spur the expansion of reusable and refillable systems, with an emphasis on ensuring benefits are realized in environmental justice communities.

“As we transition to clean energy, fossil-based plastic production threatens our efforts to address the dual challenges of climate change and environmental injustice,” Booker says. “In fenceline communities near plastics facilities, residents suffer from exposure to harmful pollutants and increased rates of debilitating health conditions such as cancer and heart disease. To address these environmental injustices, I am proud to introduce this legislation to create nationwide targets for single-use plastic source reduction and to pause permitting of new and expanded plastics facilities while the EPA makes much-needed regulatory updates to protect communities.” 

“Many of us know and live by the three Rs—reduce, reuse, and recycle—in the hope that as long as we put our plastic items into blue bins, we’ll protect our environment and our communities,” says Merkley, who serves as the Chair of the Environment and Public Works subcommittee overseeing environmental justice and chemical safety. “Unfortunately, when it comes to plastics, the three Bs are much more common—plastic is buried, burned or borne out to sea—which means dangerous chemicals are seeping into our air, water and soil, threatening Americans’ health everywhere, and disproportionately in communities of color and low-income communities. With plastic particles ending up on the snowcaps of the arctic and inside our own bloodstreams, it’s clear we need strong legislation to get this plastics crisis under control. I look forward to working with colleagues in both chambers to get these solutions into place and protect the health of all Americans.”

Huffman refers to plastic pollution as “a massive environmental injustice, directly impacting frontline and fenceline communities throughout the plastics lifecycle.”

Lowenthal says, “The evidence is clear: The plastic waste crisis is not simply a solid waste issue but is intimately tied to climate change, environmental justice and international human rights—as the production and pollution of plastics harm public health, the environment and our climate.”

Support for the bill

A number of organizations have endorsed the bill, including Break Free From Plastic, Loop and the Ocean Conservancy.

"We are thrilled to see a bill that prioritizes the health and safety of frontline communities in calling for a reduction in single-use plastics and a pause on new or expanded plastic and petrochemical facilities,” says Melissa Aguayo, U.S. Regional Coordinator, Break Free From Plastic.

Anja Brandon, Ph.D., associate director of U.S. Plastics Policy at Ocean Conservancy, says, the proposed bill “also ensures that the U.S. does not continue to rely on harmful systems that perpetuate single-use in the form of chemical recycling or incineration: The legislation will prevent the EPA from including chemical recycling technologies in the national recycling strategy, and will instead focus on making less plastic in the first place.”

Opposition to the bill

The plastics industry, however, has voiced its concern with the bill.

Matt Seaholm, president and CEO of the Plastics Industry Association, Washington, issued a statement that reads: “I’m disappointed but not surprised by the continued hyperbole contained in this legislation, which only causes divisiveness in the efforts to come to real solutions to the environmental challenges we face.

“We are happy to work with any member of Congress to achieve solutions, but a press release and legislation like this takes us in the wrong direction, will destroy an American industry, the communities they claim to care about and send manufacturing jobs overseas,” Seaholm adds.

“In their rush to demagogue, the authors of this bill fail to recognize that plastic is essential to society. Plastic keeps us safe, keeps us healthy, guarantees the stability, viability and sustainability of that which it protects and is vital to our daily lives.”

Joshua Baca, vice president of plastics at the American Chemistry Council (ACC), Washington, says, “America’s plastic makers represent over 500,000 scientists, engineers and problem solvers, who live in the communities where they work and are a quintessential example of American innovation tackling today’s greatest challenges.

“Plastic products are essential to a lower carbon and more sustainable future: wind turbines, solar panels, lightweight EVs, food packaging that prevents waste, building insulation and pipes for clean water are just a few of them,” he continues. “We urgently need more of these products to address climate change.”

Bacca adds that the proposed bill is “a raw deal for America that would stall the acceleration of a circular economy for plastics currently underway. American jobs would be lost, billions of dollars of investments in new technology would be jeopardized and the climate crisis would worsen as a switch to materials with a higher carbon footprint ensues.”

He adds that America’s plastic makers have asked Congress to introduce legislation that incorporates the ACC’s 5 Actions for Sustainable Change, which it introduced in 2021. Baca says the proposed actions would require all U.S. plastic packaging to include at least 30 percent recycled plastic by 2030, enable regulations to keep up with technological innovations in recycling, develop national recycling standards, establish producer responsibility systems to increase recycling access and collection and have science inform policy by studying the greenhouse gas emissions of all materials.

Insteead, Baca says, the PCPA “is an assault on U.S. manufacturing that threatens every American’s way of life,” adding that it would jeopardize hundreds of thousands of direct and indirect jobs, stall efforts to mitigate climate change and improve infrastructure, increase costs of everyday products “while handing the reins to other countries to cripple our supply chains,” harm the world’s environment by shifting production overseas where plastics could be made with less-rigorous worker protections and environmental standards and threaten technological innovations in plastics recycling.

“ACC urges Congress not to be distracted by this harmful bill and instead focus on plastics legislation that would strengthen the U.S. economy while reducing plastic waste,” Baca adds.