EPA Releases National Strategy to Prevent Plastic Pollution

Strategy highlights six objectives focused on creating a circular economy

On Nov. 21, the Environmental Protection Agency released the final version of its National Strategy to Prevent Plastic Pollution. This release comes after a lengthy process to address nearly 92,000 comments received on the April 2023 draft document from a wide range of stakeholders, including from academia, industry, government, non-governmental organizations, and private individuals.

The strategy was developed at the direction of the Save Our Seas 2.0 Act of 2020. Following the National Recycling Strategy (November 2021) and the National Strategy to Reduce Food Loss and Waste and Recycle Organics (June 2024), the final national strategy is the third in a series of strategy documents focused on developing a "circular economy," which aims to keep materials and products in circulation for as long as possible by using waste to make new products and designing less resource-intensive materials.

Six objectives to decrease plastic pollution

The National Strategy to Prevent Plastic Pollution lays out six objectives to reduce plastic pollution throughout the entire materials lifecycle - from resource extraction to product development and use to end-of-product life and post-product life considerations:

• Reduce pollution from plastic production
• Innovate material and product design
• Decrease waste generation
• Improve waste management
• Improve capture and removal of plastic pollution
• Minimize loadings and impacts to waterways and the ocean

Each objective is followed by recommended specific voluntary activities that support the broader objectives. Importantly, no new enforceable regulations have been created by this strategy; federal, state, and local entities must now decide whether and how to implement the recommendations. However, these recommendations could affect various stakeholders ranging from plastics and consumer product manufacturers to waste managers and environmental cleanup organizations.

Past attempts at plastics regulation

Regulations on plastic production and pollution have had varying levels of success. For example, at the federal level, the Microbead-Free Waters Act passed in 2015 by unanimous consent, while the Break Free From Plastic Pollution Act failed to pass multiple times, most recently in October 2023.

Meanwhile, at the state level, bills to regulate either plastic products or microplastics are increasingly common. Eight states passed Extended Producer Responsibility (EPR) laws, many of which aim at reducing plastic packaging and developing end-of-life management programs for single-use plastic packaging materials. Michigan has proposed and California has enacted bills to develop drinking water standards for microplastics, a topic also discussed in EPA's strategy document.

Internationally, an Intergovernmental Negotiating Committee just concluded its fifth session in Busan, South Korea, and continues to work towards an international, legally binding plastic pollution treaty. Delegates were unable to reach a consensus on treaty language at what was intended to be the final session of negotiations but have left open the possibility of another session in the future to continue discussions.

As the regulatory landscape continues to develop, plastic producers, consumers, and natural resource managers must aim to ensure they are aware of their potential future obligations regarding emerging issues in plastic production and pollution management.