WASHINGTON, D.C. — On Wednesday, March 6, 2024, the Senate Environment and Public Works (EPW) Committee held a hearing to examine Extended Producer Responsibility policies for consumer packaging.
Below is the opening statement of Chairman Tom Carper (D-Del.), as prepared for delivery:
“Thank you all for joining us to explore one of our favorite topics — recycling!
“Specifically, we are here to discuss a sustainability policy called Extended Producer Responsibility and how these programs can improve recycling infrastructure and practices.
“So what exactly is Extended Producer Responsibility? Extended Producer Responsibility establishes a system in which the financial responsibility for products through the end of their life is shifted upstream to the producers of those products.
“And how do Extended Producer Responsibility policies work? Well, states or countries adopt policies that may require producers to pay a fee associated with their goods to a Producer Responsibility Organization, and, then, these organizations can use the revenue for the expansion of recycling infrastructure and for consumer education.
“Consumer packaging materials — like plastic, cardboard, or aluminum — vary greatly in recyclability. Some materials, such as paper, have more viable markets for repurposing than others. Extended Producer Responsibility policies can consider these differences in materials in their fee structures, which can incentivize producers to make more packaging sustainable.
“For example, in Colorado they are working to establish a program where fees will be assigned to goods based on their environmental impact. Products that are more easily reused or recycled may have a lower associated fee for the producer to pay.
“And difficult to recycle packaging, like plastic films, may have a higher associated fee. In order to pay a lower fee into the system, in Colorado, producers can make packaging that has a lower environmental cost.
“Programs in several other states have also shown real potential. California, Oregon and Maine have recently established Extended Producer Responsibility policies for packaging — regardless of material type. As more states adopt these policies, it is critical that the federal government understand how to support Extended Producer Responsibility efforts moving forward.
“We are hoping that today’s discussion sheds light onto some of the activity happening in our states, and what the proper role of the federal government should be.
“Extended Producer Responsibility Policies can also help drive recycling rates up, since Producer Responsibility Organizations and governments can use the revenue they generate to improve recycling infrastructure for hard to recycle materials and to expand access to recycling in communities. Right now, consumer packaging makes up approximately 36 percent of all plastics produced. And, sadly, as you know, plastics are not commonly recycled in America.
“According to the EPA, in 2018, less than nine percent of plastics were recycled in the United States. To put that figure into perspective, it’s even smaller than the national recycling rate for all materials, which is roughly 32 percent.
“As the members of this Committee have often heard me say more than a few times: ‘we have to find what works and do more of that,’ and these policies can work. For example, the Extended Producer Responsibility program in British Columbia was able to achieve an impressive residential recycled material rate of 86.2% in 2022, up from 37.7% in 2004 before the program was implemented.
“And as we will hear today, there has also been a surge in private sector support for Extended Producer Responsibility policies. Why, you might ask? We know that most Americans want to make sustainable purchasing choices, and that number is growing. According to a 2020 survey conducted by McKinsey, more than 60 percent of respondents said they would pay more for a product with sustainable packaging.
“And large consumer brands have noticed. Many companies have established ambitious sustainability goals, such as using a minimum amount of recycled content in their packaging, and Extended Producer Responsibility policies can help producers meet these goals.
“However, it is worth noting that Extended Producer Responsibility policies on their own will not fix our waste management system. These policies must work in tandem with other investments in infrastructure, education and data collection. Fortunately, Congress has a track record of success in making such investments.
“As you may recall, as part of the Bipartisan Infrastructure Law, which became law in November of 2021, our Committee worked to secure $350 million to strengthen recycling infrastructure and provide recycling education grants across our country.
“Our bipartisan work to strengthen our nation’s recycling systems doesn’t stop there. Last year, this Committee adopted two pieces of bipartisan recycling legislation at the urging of myself, Senator Capito and Senator Boozman which, collectively, would help gather much-needed data about our recycling system and improve access to recycling infrastructure in rural and disadvantaged communities.
“This Congress, Senator Capito, Senator Boozman and I are committed to seeing both of these bills cross the finish line.
“In closing, we know that recycling is a win-win — it benefits our environment, as well as our economy. That is why our Committee continues to consider further opportunities to support better recycling practices.”
