Policy framework
National Action Plan
– Brief description:
The United States does not currently have a national action plan specific to marine plastic litter. There are several national-level laws, as described in 2.2 “Legal Framework”, that provide a comprehensive legal framework to address marine plastic litter. Domestic legislation also created an inter-agency body (the U.S. Marine Debris Coordination Committee, described below), that ensures cooperation across U.S. agencies to address marine debris more broadly. Further, through NOAA’s Marine Debris Program, the U.S. has developed eleven sub-national marine debris action plans that identify and prioritize activities to reduce marine debris impacts, coordinate local level implementation, and help better understand the scope and scale of the issue in the U.S. coastal and marine environment. The NOAA Marine Debris Program also has a national level strategic plan that drives priorities and actions.
Legal framework
– Name:
- U.S. Marine Debris Act
- Clean Water Act (EPA)
- Resource Conservation and Recovery Act (EPA)
- Save Our Seas 2.0 Act (EPA/NOAA/others)
- Microbead-Free Waters Act (FDA)
- Toxic Substances Control Act (EPA)
- Rivers and Harbors Appropriations Act (Army Corps of Engineers)
– Brief description:
A. U.S. Marine Debris Act
- The U.S. Marine Debris Act, originally passed in 2006, established a national Marine Debris Program within NOAA to identify, determine sources of, assess, prevent, reduce, and remove marine debris and address the adverse impacts of marine debris on the economy of the United States, marine environment, and navigation safety. The Act also set forth direction for the U.S. Coast Guard to address ship-based waste in accordance with MARPOL requirements.
- In 2012, the Act was amended to include provisions for NOAA to address marine debris resulting from natural disasters and severe weather events, in recognition of the high volume of debris that can be caused by such events.
- In 2018, the Act (renamed the “Save Our Seas Act”) was further amended to expand work across the U.S. government, most notably with the U.S. Department of State, to engage foreign governments, especially those of high marine debris source countries, to better address marine debris through strengthened solid waste management. The 2018 Act also mandated that the U.S. government consider addressing marine debris in all future trade agreements. (The Save Our Seas Act 2.0 was passed in December 2020 and is noted in Section D below)
- The Act also created the Interagency Marine Debris Coordinating Committee (IMDCC), the federal interagency coordinating body responsible for addressing marine debris. IMDCC is made up of six agencies named in the Marine Debris Act, led by NOAA, as the chair, and EPA as vice-chair. The Department of Defense, Department of Homeland Security, Department of the Interior, and Department of State participate as members.
- IMDCC is primarily responsible for sharing information, assessing and implementing best management practices, and coordinating interagency responses to everyday marine debris and severe marine debris events.
- IMDCC ensures coordination of federal agency research priorities, monitoring techniques, educational programs, and regulatory actions.
- IMDCC is also responsible for recommending priorities and strategies, both nationally and internationally, to identify, determine sources of, assess, reduce, prevent, and mitigate the adverse impact of marine debris on the marine environment, natural resources, and vessels.
B. Clean Water Act (EPA)
- The Clean Water Act (CWA) requires each state to establish water quality standards for all bodies of water in the state. Water quality standards consist of the designated beneficial use(s) of a waterbody, plus a numerical or narrative statement identifying maximum concentrations of various pollutants that would not interfere with the designated use. Many states have established narrative criteria for trash or floatables, which inherently include plastic waste.
- CWA also allows for states to list waters impaired by pollutants, including trash/plastic waste. Unless planned measures can be taken to address impairments, the Act requires that states or US EPA develop Total Maximum Daily Loads (TMDLs) for those pollutants. Several states have trash-impaired waterbody listings.
- The National Pollutant Discharge Elimination System (NPDES) regulates some stormwater discharges from three potential sources: municipal separate storm sewer systems (MS4s), construction activities, and industrial activities. Operators of these sources might be required to obtain an NPDES permit before they can discharge stormwater. A large number of NPDES permits have provisions addressing the stormwater nexus for trash entering waterways.
- The Nonpoint Source Management Program requires states to develop nonpoint source management programs, and EPA has subsequently required updates for these programs. Trash is a pollutant that can be addressed through such programs, and nonpoint source grants authorized by Section 319 can be used to address trash pollution.
C. Resource Conservation and Recovery Act (EPA)
- The Resource Conservation and Recovery Act (RCRA) charges EPA to protect human health and the environment from potential hazards of waste disposal; conserve energy and natural resources; reduce the amount of waste generated; and ensure that wastes are managed in an environmentally sound manner by establishing minimum national criteria for solid waste facilities. RCRA regulations are generally implemented by states and tribes and/or at the local level, with state, tribal or local governments having the option to put forth regulations that are more stringent than the national standards. These national standards are critically important to ensuring the sound management of solid waste nationwide. Facilities that do not meet these standards are considered open dumps that must close. EPA implements the conservation mandate in RCRA through its Sustainable Materials Management Program. Sustainable materials management (SMM) is a systemic approach to using and reusing materials more productively and effectively over their entire life cycles. By looking at a material’s entire life cycle, we can find new opportunities to reduce environmental impacts, conserve resources and reduce costs. Recycling and waste diversion programs also are primarily implemented at the state, tribal and local levels.
D. Save Our Seas 2.0 Act
The Save Our Seas 2.0 Act is composed of three main pieces:
- Strengthening the United States’ domestic marine debris response capability with a Marine Debris Foundation, a genius prize for innovation, and new research to tackle the issue.
- Enhancing global engagement to combat marine debris, including formalizing U.S. policy on international cooperation, enhancing federal agency outreach to other countries, and exploring the potential for a new international agreement on the challenge.
- Improving domestic infrastructure to prevent marine debris through new grants for and studies of waste management and mitigation.
E. Microbead-Free Waters Act
- The Microbead-Free Waters Act prohibits the manufacturing, packaging, and distribution of rinse-off cosmetics containing plastic microbeads.
- The law also applies to products that are both cosmetics and non-prescription drugs, such as toothpastes.
F. Toxic Substances Control Act
- Under TSCA, EPA has the authority to require testing of new and existing chemical substances such as those that may be in plastic waste entering the environment, and subsequently the authority to regulate these substances.
- While TSCA can potentially be used for the purpose of addressing risks specific to chemical substances that may be in plastic waste, to date EPA has not used the authorities in the Act to regulate plastic waste.
G. Rivers and Harbors Appropriations Act
- The Rivers and Harbors Appropriations Act authorizes the Army Corps of Engineers to issue permits for the discharge of materials of any kind into navigable waters under section 13.
Indicators
The US Environmental Protection Agency announced a National Recycling Goal to increase the recycling rate in the US to 50% by 2030. https://www.epa.gov/americarecycles/us-national-recycling-goal
Measures
Measures:
*There are no EPR or single use plastic policies at the national level. Solid waste management, including policies and measures on single use plastics or bottle deposit schemes, are determined and implemented at the state and local level.
Measures |
Achievements |
Prevention and reduction of plastic waste generation |
|
Regulation on microplastics |
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Names of actions: Brief description:
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Measures |
Achievements |
Environmentally sound waste management |
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Prevention of littering, illegal dumping and unintentional leakage of waste into the ocean |
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Names of actions: NOAA Marine Debris Program Prevention Grants Brief description:
EPA works with businesses, governments, and nonprofit organizations to promote the use and reuse of materials more productively over their entire life cycles. Partners demonstrate how they reduce waste, practice environmental stewardship and incorporate sustainable materials management into their business model, including their waste-handling processes. https://www.epa.gov/environmental-topics/land-waste-and-cleanup-topics NOAA Marine Debris Program Prevention Grants
|
Marine Debris Act
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Others |
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International Cooperation
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International Cooperation Solid Waste Management and Inclusive Capacity Building- Trash Free Waters
Strengthening the Connection Between Marine Litter and Solid Waste Management – Central America and Dominican Republic Trade Agreement and Panama Free Trade Agreement – Through an interagency agreement with the Department of State, US EPA is working with the national governments of Panama, Costa Rica and the Dominican Republic to engage all stakeholders in identifying solutions to the marine litter problem through improvements in solid waste management. Activities include virtual national dialogues, assisting in their development of national action plans for marine litter, and on-the-ground projects that support the countries’ own efforts. US EPA has completed 2 of 3 planned workshops on landfill management in Panama and Costa Rica, with the next one planned for the Dominican Republic in late summer 2021. Stormwater Runoff and Marine Litter Prevention- Commission for Environmental Cooperation (CEC) – The U.S., Canada and Mexico are implementing projects to reduce marine litter along the transboundary watersheds since 2017. The current CEC project on marine litter includes developing a toolkit and training guide for decision makers on the stakeholder engagement process developed and implemented by the CEC, and developing a Public Awareness Toolkit that will provide ready-to-use, adaptable (plug and play) materials to municipalities, NGOs, educational institutions and other organizations to deliver litter prevention programs and public awareness campaigns. The Toolkit for Decision-Makers is expected to be finalized soon and associated trainings will be conducted. The Public Awareness Toolkit is targeted towards inland communities, including urban inland areas. The messaging will focus on water and trash flow, the full life cycle of a product, and concrete actions that offer individual solutions. (a) Waste Prevention & Strengthening Recycling (USAID) USAID Municipal Waste Recycling Program – To date, the program has awarded a total of 30 locally-led grant projects in Indonesia, Philippines, Sri Lanka and Vietnam, with a total of 3.5 million people in these countries benefiting from the program activities. In addition, over 12,000 metric tons of plastic waste has been diverted from the natural environment through recycling and improved solid waste management practices. USAID Clean Cities Blue Ocean – To date, the program has awarded $1.5 million to local grantees who are leading innovative projects. Through these partnerships, and those with local and national governments and the private sector, CCBO has secured over 33,000 metric tons (MT) of plastic from leaking into the environment and aggregated over 217,500 MT of other waste and recyclables. (b) Infrastructure Investment (USAID): Development Finance Corporation (DFC) partial loan guarantee for Circulate Capital- Circulate Capital made its first loan utilizing the USAID-DFC loan guarantee in April 2020 to a woman-owned recycling company in Indonesia for facility expansion. Cartagena Convention – This year, the LBS Protocol will publish a report, entitled “State of the Convention Area Report” (SOCAR) that will be the first ever baseline data of information regarding coastal water quality that reflects national data rather than extrapolated from global assessments. Global Partnership on Marine Litter – NOAA staff serve on the GPML Steering Committee to help guide its work. US EPA is financially supporting the development of a digital platform to share information on marine litter and plastics on a global level. Striving for Increased Public Participation in Environmental Protection in Central America through a Small Grants Program with Civil Society Organizations – To date, this Department of State program provided training to over 5,000 people, with 160 people actively involved in community-based initiatives. This initiative strengthened solid waste management capacity in 10 communities through training 61 municipal employees and authorities, resulting in the improved management of over 3,500 tons of solid waste, including 43 tons of plastic waste recycled. Asia Pacific Economic Cooperation Forum – Successes included receiving endorsement from APEC members for a revision to a 2009 report on the direct economic costs to APEC economies due to marine debris. The report revises estimates of the direct costs of marine debris to member economies to support arguments to strengthen regulatory and non-regulatory actions. DOS also developed a marine debris management and innovation sub-fund and contributed US $800,000 to the fund. The fund will serve as a dedicated resource for APEC projects aiming to tackle the marine debris problem. DOS continues to engage major source countries in Southeast Asia to encourage policy changes needed to prevent and reduce marine debris. There are four projects that have been approved by APEC member economies to address and better understand marine debris in the APEC region. Global Ghost Gear Initiative Engagement – In 2020 the United States joined the GGGI as a government member and is working with the organization to combat ghost gear globally through promotion of the voluntary gear marking guidelines developed by the FAO with input from the GGGI. United States Department of State Marine Debris Grants – The Department of State has provided several grants that help address different aspects of the marine debris issue. One example is a grant provided to the Center for Community Health Research and Development which implemented a project titled, “Social Mobilization For Marine Waste Management”, which aimed to reduce marine debris via social change in Ly Son Island, Vietnam. The project has established a local steering committee on environmental protection; delivered 50 new public waste receptacles; gathered more than 300 people to clean 15km of coast; collected 500kg plastic waste; trained 50 people in waste collection and processing; trained 45 community leaders in communications skills; trained 600 households in proper waste sorting, resulting in a ten-fold increase in the percentage of households practicing proper waste sorting; and provided 3,000 households with reusable shopping baskets to replace single-use plastic bags.
Basel Plastic Waste Partnership – The Plastic Waste Partnership was established at the 14th COP to the Basel Convention and held the first meeting in March 2020. The goal of the PWP is to significantly reduce and in the long-term eliminate the discharge of plastic waste and microplastics into the environment, in particular the marine environment. Four project groups were established to begin work focusing on: plastic waste prevention and minimization; plastic waste collection, recycling and other recovery including financing and related markets; transboundary movements of plastic waste; and outreach, education and awareness-raising. The US engages in all four project groups and is preparing for the 2nd PWP meeting June 14-16, 2021. U.S.-Mexico-Canada Agreement – In 2020, the new U.S.-Mexico-Canada Agreement (USCMA) free trade agreement went into effect between the three nations. This agreement continues the already strong collaboration between these governments to address marine debris in North America. In 2020, the U.S. also passed domestic legislation that provided $8 million in funding to NOAA’s Marine Debris Program to address marine debris in North America of which NOAA is allocating $4 million in 2021 on marine debris projects in the region. This legislation also provided EPA with $4 million in funding to address marine debris, and other environmental issues through the trilateral Commission on Environmental Cooperation. |
Measures |
Achievements |
Cleanup of marine plastic litter |
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Collection of scattered waste on beach |
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Names of actions: Brief description: |
We do not see any particular trend |
Removal of plastic litter from the ocean |
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Names of actions: Brief description: |
We do not see any particular trend |
Measures |
Achievements |
Promotion of innovative solutions |
|
Public-private partnerships for creating and implementing innovative solution |
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Names of actions: Brief description
|
Clean Water Act
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Measures |
Achievements |
Education and awareness raising |
|
Awareness raising campaigns related to MPL |
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National level: Names of actions: EPA WasteWise Brief description
International / Regional level: Names of actions: Brief description: |
National level: WasteWise –
Clean Water Act
Marine Debris Act
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Measures |
Achievements |
Monitoring & Scientific research on marine plastic litter |
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Actions for encouraging monitoring / scientific research on plastic flows and ocean surface microplastics |
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Names of actions: Brief description:
|
We do not see any particular trend |
Engagement in international/regional level actions for encouraging monitoring / scientific research on plastic flows and ocean surface microplastics |
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Names of actions: Brief description: |
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Others |
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Resource Conservation and Recovery Act (EPA) Voluntary Programs
Department of Energy Plastics Innovation Challenge
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Clean Water Act
Marine Debris Act
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Challenges
- Recycling system improvement
- Data collection related to marine plastic litter
- Lack of awareness among citizens, business, local governments
Recycling System Challenges
- Education and Outreach – It can be difficult for consumers to understand what materials can be recycled, how materials can be recycled, and where to recycle different materials. This confusion can lead to placing recyclables in the trash or throwing trash in the recycling bin or cart. Therefore, it is important to enhance education and outreach to consumers on the value of recycling and how to recycle properly.
- Infrastructure – Some recycling infrastructure does not match today’s waste stream. Communication between the manufacturers of new materials and products and the recycling industry needs to be enhanced to prepare for and optimally manage the recycling of new materials.
- Markets for Secondary Materials – Domestic markets for recycled materials need to be strengthened in the United States. There is also a need to better integrate recycled materials and end-of-life management into product and packaging designs. Improving communication among the different sectors of the recycling system is needed to strengthen the development of existing materials markets and to develop new innovative markets.
- Measurement – Stakeholders across the recycling system agree that more consistent measurement methodologies are needed for measuring recycling system performance. These more standardized metrics can then be used to create effective goals and track progress.
Best practices
National level
- NOAA Reports and Technical Memos on Marine Debris: https://marinedebris.noaa.gov/reports-and-technical-memos#pub-term-39
- Microplastics Expert Workshop report: https://www.epa.gov/sites/production/files/2018-03/documents/microplastics_expert_workshop_report_final_12-4-17.pdf
Local level
- NOAA’s Marine Debris Program provides summaries of past projects undertaken at a local or community-level that use outreach and education to prevent marine debris: https://marinedebris.noaa.gov/current-efforts/prevention
- US EPA Trash Free Waters Best Practices Compendium: https://www.epa.gov/trash-free-waters/aquatic-trash-prevention-national-great-practices-compendium
Private sector
- Operation Clean Sweep provides guidelines to help plastics industry operations managers reduce the loss of pellets, flakes and powder to the environment.
- The Sustainable Packaging Coalition provides training and guides for sustainable packaging.
International cooperation
- The Trash Free Waters International Implementation Guide – a tool that provides step-by-step guidance for including all stakeholders, either at the national, state, or community level in decision-making to address land-based sources of marine litter.
- Best Practices for Solid Waste Management: A Guide for Decision-Makers in Developing Countries – The Guide covers a diverse set of important topics for city-level decision-makers around the world including stakeholder engagement, waste management planning and economics, waste collection and transportation, prevention, minimization, and recycling, landfill design and operation, and energy recovery.
- Virtual Landfill Construction & Operations Workshop – This virtual workshop contains module presentations, links to videos of the instructors delivering the modules, and the manuals/reference documents on which the workshop is based. The target audience is private and public sector solid waste management officials.
- Case Study Report on Behavior Change in Local Systems to Mitigate Ocean Plastic Pollution: https://urban-links.org/resource/behavior-change-in-local-system-to-mitigate-ocean-plastic-pollution/
- Women’s Economic Empowerment and Equality in Waste Management and Recycling: Latin America and the Caribbean Landscape: https://urban-links.org/resource/womens-economic-empowerment-and-equality-in-waste-management-and-recycling-latin-america-and-the-caribbean-landscape/
- Women’s Economic Empowerment and Equality in Waste Management and Recycling: Global Landscape: https://urban-links.org/resource/womens-economic-empowerment-and-equality-in-waste-management-and-recycling/
- Understanding the Ocean Pollution Problem in Latin America & the Caribbean: https://urban-links.org/insight/understanding-the-ocean-pollution-problem-in-latin-america-the-caribbean/
- Turning the Tide: How Can Indonesia Close the Loop on Plastic Waste? https://www.wilsoncenter.org/publication/insightout-issue-7-turning-tide-how-can-indonesia-close-loop-plastic-waste
Further information
- 2016-2017 Interagency Marine Debris Coordinating Committee Biennial Report: https://marinedebris.noaa.gov/sites/default/files/imdccreport__2016_2017.pdf
- National Parks Service Ocean Plastics: https://www.nps.gov/subjects/oceans/ocean-plastics.htm
- U.S. Agency for International Development Ocean Plastics: https://urban-links.org/issue/ocean-plastic-pollution/
- U.S. Agency for International Development program Clean Cities Blue Ocean: https://urban-links.org/project/ccbo/
- U.S. Agency for International Development Municipal Waste Recycling Program: https://urban-links.org/project/municipal-waste-recycling-program-mwrp/
- U.S. EPA SMM Facts and Figures Report: https://www.epa.gov/facts-and-figures-about-materials-waste-and-recycling/advancing-sustainable-materials-management-0
- U.S. EPA The Framework for Advancing the U.S. Recycling System: https://www.epa.gov/sites/production/files/2019-11/documents/national_framework.pdf
- NOAA’s Marine Debris Program: https://marinedebris.noaa.gov/
Contact details
G20 Point of Contact – U.S. EPA: Maxwell Torney – torney.maxwell@epa.gov
U.S. EPA: Stephanie Adrian – Adrian.stephanie@epa.gov
U.S. Agency for International Development: Clare Romanik – cromanik@usaid.gov
National Oceanic and Atmospheric Administration: Steve Morrison – steve.morrison@noaa.gov
U.S. Department of State: Nick Austin – AustinND2@state.gov