HR4109-119

1. Short title This Act may be cited as the Recycling and Composting Accountability Act.

2. Definitions In this Act: The term Administrator means the Administrator of the Environmental Protection Agency. The term compost means a product that— is manufactured through the controlled aerobic, biological decomposition of biodegradable materials; has been subjected to medium and high temperature organisms, which— significantly reduce the viability of pathogens and weed seeds; and stabilize carbon in the product such that the product is beneficial to plant growth; and is typically used as a soil amendment, but may also contribute plant nutrients. The term compostable material means material that is a feedstock for creating compost, including— wood; agricultural crops; paper, such as cardboard and other paper products; certified compostable products associated with organic waste; other organic plant material; organic waste, including food waste and yard waste; and such other material that is composed of biomass that can be continually replenished or renewed, as determined by the Administrator. The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). The term recyclable material means a material that is obsolete, previously used, off-specification, surplus, or incidentally produced for processing into a specification-grade commodity for which a reuse market currently exists or is being developed. The term recycling means the series of activities— during which recyclable materials are processed into specification-grade commodities and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products; that may, with regard to recyclable materials and prior to the activities described in subparagraph (A), include sorting, collection, processing, and brokering; and that result, subsequent to processing described in subparagraph (A), in consumption by a materials manufacturer, including for the manufacturing of new products. The term State has the meaning given the term in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903). In paragraphs (5) and (6) of subsection (a), the term processing means any mechanical, manual, or other method that— transforms a recyclable material into a specification-grade commodity; and may occur in multiple steps, with different phases, including sorting, occurring at different locations.

3. Reports on composting and recycling infrastructure capabilities Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following: In this section: The terms compost, compostable material, recyclable material, and recycling have the meanings given such terms in section 2 of the Recycling and Composting Accountability Act. The term composting facility means a location, structure, or device that transforms compostable materials into compost. The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). The term materials recovery facility means a dedicated facility where primarily residential recyclable materials, which are diverted from disposal by the generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. The term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. For purposes of this paragraph, the term processing has the meaning given such term in section 2(b) of the Recycling and Composting Accountability Act. The Administrator shall request information and data from, collaborate with, or contract with, as necessary and appropriate, States, units of local government, and Indian Tribes, for the provision, preparation, and publication of a report, or to expand work under the National Recycling Strategy to include information and data, on compostable materials and efforts to reduce contamination rates for recycling, including— an evaluation of existing Federal, State, and local laws that may present barriers to implementation of composting strategies; a description and evaluation of composting infrastructure and programs within States, units of local government, and Indian Tribes; an estimate of the costs and approximate land needed to expand composting programs; and a review of the practices of manufacturers and companies that are moving to using compostable packaging and food service ware for the purpose of making the composting process the end-of-life use of those products. Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress the report prepared under paragraph (1). Not later than 3 years after the date of enactment of this section, and every 4 years thereafter, the Administrator, in consultation with relevant Federal agencies and States, units of local government, and Indian Tribes, shall— prepare an inventory or estimate of materials recovery facilities in the United States, including— the number of materials recovery facilities in each State; and a general description of the materials that each of those materials recovery facilities can process, including— in the case of plastic, a description of— the types of accepted resin, if applicable; and the packaging or product format, such as a jug, a carton, or film; food packaging and service ware, such as a bottle, cutlery, or a cup; paper; aluminum, such as an aluminum beverage can, food can, aerosol can, or foil; steel, such as a steel food or aerosol can; other scrap metal; glass; or any other material not described in any of clauses (i) through (vii) that a materials recovery facility processes; and submit to Congress the inventory or estimate prepared under paragraph (1). The Administrator shall, as necessary and appropriate, collaborate or contract with States, units of local government, and Indian Tribes to estimate, with respect to the United States— the number and types of recycling and composting programs; the types and forms of materials accepted by recycling or composting programs; the number of individuals— with access to recycling and composting services to at least the extent of access to disposal services; and who use, on a percentage basis, the recycling and composting services described in subparagraph (A); the number of individuals with barriers to accessing recycling and composting services similar to their access to disposal services and the types of those barriers experienced; the inbound contamination and capture rates of recycling and composting programs; if applicable, other available recycling or composting programs; and the average costs and benefits to States, units of local government, and Indian Tribes of recycling and composting programs. The Administrator may use amounts made available under section 6 of the Recycling and Composting Accountability Act— to biannually collect, in collaboration with States, to the extent practicable, information supplied on a voluntary basis to develop the estimated rates described in subparagraphs (B) and (C); to develop a standardized estimated rate of recyclable materials in States that provide information under subparagraph (A) that have been successfully diverted from the waste stream and brought to a materials recovery facility or composting facility; and to develop an estimated national recycling rate based on the information described in subparagraphs (A) and (B). Using amounts made available under section 6 of the Recycling and Composting Accountability Act, the Administrator may use the information collected and rates developed under paragraph (1) to provide requesting States, units of local government, and Indian Tribes data and technical assistance— to reduce the overall waste produced by the States, units of local government, and Indian Tribes; to assist the States, units of local government, and Indian Tribes in understanding the nuances of the information collected relating to diversion activities; and to increase recycling and composting rates of the States, units of local government, and Indian Tribes. The Administrator, in collaboration or contract with, as necessary and appropriate, relevant Federal agencies, States, units of local government, or Indian Tribes, shall— provide an update to the report submitted under section 306 of the Save Our Seas 2.0 Act (Public Law 116–224; 134 Stat. 1096) to include an addendum on the end-market sale of all recyclable materials from materials recovery facilities that process recyclable materials, including, to the extent practicable— the total, in dollars per ton, domestic sales of bales of recyclable materials; and the total, in dollars per ton, international sales of bales of recyclable materials; prepare a report on the end-market sale of compost from, to the extent practicable, compostable materials, including the total, in dollars per ton, of domestic sales of compostable materials; and not later than 3 years after the date of enactment of this section, submit to Congress the update to the report prepared under paragraph (1) and the report prepared under paragraph (2). Information collected under subsection (e)(1) or paragraph (1) or (2) of subsection (f) shall not include any privileged or confidential information described in section 552(b)(4) of title 5, United States Code. Information collected to carry out this section shall not be made public if the information meets the requirements of section 552(b) of title 5, United States Code. The table of contents in section 1001 of the Solid Waste Disposal Act is amended by inserting after the item relating to section 4010 the following: 4011.Reports on composting and recycling infrastructure capabilities (a)DefinitionsIn this section: (1)Recycling and Composting Accountability Act termsThe terms compost, compostable material, recyclable material, and recycling have the meanings given such terms in section 2 of the Recycling and Composting Accountability Act. (2)Composting facilityThe term composting facility means a location, structure, or device that transforms compostable materials into compost. (3)Indian tribeThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (4)Materials recovery facility (A)In generalThe term materials recovery facility means a dedicated facility where primarily residential recyclable materials, which are diverted from disposal by the generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. (B)ExclusionThe term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. (C)Definition of processingFor purposes of this paragraph, the term processing has the meaning given such term in section 2(b) of the Recycling and Composting Accountability Act. (b)Report (1)In generalThe Administrator shall request information and data from, collaborate with, or contract with, as necessary and appropriate, States, units of local government, and Indian Tribes, for the provision, preparation, and publication of a report, or to expand work under the National Recycling Strategy to include information and data, on compostable materials and efforts to reduce contamination rates for recycling, including— (A)an evaluation of existing Federal, State, and local laws that may present barriers to implementation of composting strategies; (B)a description and evaluation of composting infrastructure and programs within States, units of local government, and Indian Tribes; (C)an estimate of the costs and approximate land needed to expand composting programs; and (D)a review of the practices of manufacturers and companies that are moving to using compostable packaging and food service ware for the purpose of making the composting process the end-of-life use of those products. (2)SubmissionNot later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress the report prepared under paragraph (1). (c)Inventory of materials recovery facilitiesNot later than 3 years after the date of enactment of this section, and every 4 years thereafter, the Administrator, in consultation with relevant Federal agencies and States, units of local government, and Indian Tribes, shall— (1)prepare an inventory or estimate of materials recovery facilities in the United States, including— (A)the number of materials recovery facilities in each State; and (B)a general description of the materials that each of those materials recovery facilities can process, including— (i)in the case of plastic, a description of— (I)the types of accepted resin, if applicable; and (II)the packaging or product format, such as a jug, a carton, or film; (ii)food packaging and service ware, such as a bottle, cutlery, or a cup; (iii)paper; (iv)aluminum, such as an aluminum beverage can, food can, aerosol can, or foil; (v)steel, such as a steel food or aerosol can; (vi)other scrap metal; (vii)glass; or (viii)any other material not described in any of clauses (i) through (vii) that a materials recovery facility processes; and (2)submit to Congress the inventory or estimate prepared under paragraph (1). (d)Information on recycling and composting systemsThe Administrator shall, as necessary and appropriate, collaborate or contract with States, units of local government, and Indian Tribes to estimate, with respect to the United States— (1)the number and types of recycling and composting programs; (2)the types and forms of materials accepted by recycling or composting programs; (3)the number of individuals— (A)with access to recycling and composting services to at least the extent of access to disposal services; and (B)who use, on a percentage basis, the recycling and composting services described in subparagraph (A); (4)the number of individuals with barriers to accessing recycling and composting services similar to their access to disposal services and the types of those barriers experienced; (5)the inbound contamination and capture rates of recycling and composting programs; (6)if applicable, other available recycling or composting programs; and (7)the average costs and benefits to States, units of local government, and Indian Tribes of recycling and composting programs. (e)Recycling reporting rates (1)Collection of data; development of ratesThe Administrator may use amounts made available under section 6 of the Recycling and Composting Accountability Act— (A)to biannually collect, in collaboration with States, to the extent practicable, information supplied on a voluntary basis to develop the estimated rates described in subparagraphs (B) and (C); (B)to develop a standardized estimated rate of recyclable materials in States that provide information under subparagraph (A) that have been successfully diverted from the waste stream and brought to a materials recovery facility or composting facility; and (C)to develop an estimated national recycling rate based on the information described in subparagraphs (A) and (B). (2)UseUsing amounts made available under section 6 of the Recycling and Composting Accountability Act, the Administrator may use the information collected and rates developed under paragraph (1) to provide requesting States, units of local government, and Indian Tribes data and technical assistance— (A)to reduce the overall waste produced by the States, units of local government, and Indian Tribes; (B)to assist the States, units of local government, and Indian Tribes in understanding the nuances of the information collected relating to diversion activities; and (C)to increase recycling and composting rates of the States, units of local government, and Indian Tribes. (f)Report on end marketsThe Administrator, in collaboration or contract with, as necessary and appropriate, relevant Federal agencies, States, units of local government, or Indian Tribes, shall— (1)provide an update to the report submitted under section 306 of the Save Our Seas 2.0 Act (Public Law 116–224; 134 Stat. 1096) to include an addendum on the end-market sale of all recyclable materials from materials recovery facilities that process recyclable materials, including, to the extent practicable— (A)the total, in dollars per ton, domestic sales of bales of recyclable materials; and (B)the total, in dollars per ton, international sales of bales of recyclable materials; (2)prepare a report on the end-market sale of compost from, to the extent practicable, compostable materials, including the total, in dollars per ton, of domestic sales of compostable materials; and (3)not later than 3 years after the date of enactment of this section, submit to Congress the update to the report prepared under paragraph (1) and the report prepared under paragraph (2). (g)Privileged or confidential information (1)In generalInformation collected under subsection (e)(1) or paragraph (1) or (2) of subsection (f) shall not include any privileged or confidential information described in section 552(b)(4) of title 5, United States Code. (2)NondisclosureInformation collected to carry out this section shall not be made public if the information meets the requirements of section 552(b) of title 5, United States Code.. Sec. 4011. Report on composting and recycling infrastructure capabilities..

4011. Reports on composting and recycling infrastructure capabilities In this section: The terms compost, compostable material, recyclable material, and recycling have the meanings given such terms in section 2 of the Recycling and Composting Accountability Act. The term composting facility means a location, structure, or device that transforms compostable materials into compost. The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). The term materials recovery facility means a dedicated facility where primarily residential recyclable materials, which are diverted from disposal by the generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. The term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. For purposes of this paragraph, the term processing has the meaning given such term in section 2(b) of the Recycling and Composting Accountability Act. The Administrator shall request information and data from, collaborate with, or contract with, as necessary and appropriate, States, units of local government, and Indian Tribes, for the provision, preparation, and publication of a report, or to expand work under the National Recycling Strategy to include information and data, on compostable materials and efforts to reduce contamination rates for recycling, including— an evaluation of existing Federal, State, and local laws that may present barriers to implementation of composting strategies; a description and evaluation of composting infrastructure and programs within States, units of local government, and Indian Tribes; an estimate of the costs and approximate land needed to expand composting programs; and a review of the practices of manufacturers and companies that are moving to using compostable packaging and food service ware for the purpose of making the composting process the end-of-life use of those products. Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress the report prepared under paragraph (1). Not later than 3 years after the date of enactment of this section, and every 4 years thereafter, the Administrator, in consultation with relevant Federal agencies and States, units of local government, and Indian Tribes, shall— prepare an inventory or estimate of materials recovery facilities in the United States, including— the number of materials recovery facilities in each State; and a general description of the materials that each of those materials recovery facilities can process, including— in the case of plastic, a description of— the types of accepted resin, if applicable; and the packaging or product format, such as a jug, a carton, or film; food packaging and service ware, such as a bottle, cutlery, or a cup; paper; aluminum, such as an aluminum beverage can, food can, aerosol can, or foil; steel, such as a steel food or aerosol can; other scrap metal; glass; or any other material not described in any of clauses (i) through (vii) that a materials recovery facility processes; and submit to Congress the inventory or estimate prepared under paragraph (1). The Administrator shall, as necessary and appropriate, collaborate or contract with States, units of local government, and Indian Tribes to estimate, with respect to the United States— the number and types of recycling and composting programs; the types and forms of materials accepted by recycling or composting programs; the number of individuals— with access to recycling and composting services to at least the extent of access to disposal services; and who use, on a percentage basis, the recycling and composting services described in subparagraph (A); the number of individuals with barriers to accessing recycling and composting services similar to their access to disposal services and the types of those barriers experienced; the inbound contamination and capture rates of recycling and composting programs; if applicable, other available recycling or composting programs; and the average costs and benefits to States, units of local government, and Indian Tribes of recycling and composting programs. The Administrator may use amounts made available under section 6 of the Recycling and Composting Accountability Act— to biannually collect, in collaboration with States, to the extent practicable, information supplied on a voluntary basis to develop the estimated rates described in subparagraphs (B) and (C); to develop a standardized estimated rate of recyclable materials in States that provide information under subparagraph (A) that have been successfully diverted from the waste stream and brought to a materials recovery facility or composting facility; and to develop an estimated national recycling rate based on the information described in subparagraphs (A) and (B). Using amounts made available under section 6 of the Recycling and Composting Accountability Act, the Administrator may use the information collected and rates developed under paragraph (1) to provide requesting States, units of local government, and Indian Tribes data and technical assistance— to reduce the overall waste produced by the States, units of local government, and Indian Tribes; to assist the States, units of local government, and Indian Tribes in understanding the nuances of the information collected relating to diversion activities; and to increase recycling and composting rates of the States, units of local government, and Indian Tribes. The Administrator, in collaboration or contract with, as necessary and appropriate, relevant Federal agencies, States, units of local government, or Indian Tribes, shall— provide an update to the report submitted under section 306 of the Save Our Seas 2.0 Act (Public Law 116–224; 134 Stat. 1096) to include an addendum on the end-market sale of all recyclable materials from materials recovery facilities that process recyclable materials, including, to the extent practicable— the total, in dollars per ton, domestic sales of bales of recyclable materials; and the total, in dollars per ton, international sales of bales of recyclable materials; prepare a report on the end-market sale of compost from, to the extent practicable, compostable materials, including the total, in dollars per ton, of domestic sales of compostable materials; and not later than 3 years after the date of enactment of this section, submit to Congress the update to the report prepared under paragraph (1) and the report prepared under paragraph (2). Information collected under subsection (e)(1) or paragraph (1) or (2) of subsection (f) shall not include any privileged or confidential information described in section 552(b)(4) of title 5, United States Code. Information collected to carry out this section shall not be made public if the information meets the requirements of section 552(b) of title 5, United States Code.

4. Federal agency activities related to recycling Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter until 2033, the Comptroller General of the United States shall make publicly available a report— detailing or, to the extent practicable, providing an estimate of— the total annual recycling and composting rates reported by all Federal agencies; and the total annual percentage of products containing recyclable material, compostable material, or recovered materials purchased by all Federal agencies, including— the total quantity of procured products containing recyclable material or recovered materials listed in the comprehensive procurement guidelines published under section 6002(e) of the Solid Waste Disposal Act (42 U.S.C. 6962(e)); and the total quantity of compostable material purchased by all Federal agencies; identifying the activities of each Federal agency that promote recycling or composting; and identifying activities that Federal agencies could carry out to further promote recycling or composting.

5. Study on the diversion of recyclable materials from a circular market Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a metric for determining the proportion of recyclable materials in commercial and municipal waste streams that are being diverted from a circular market. Not later than 1 year after the development of a metric under subsection (a), the Administrator shall conduct a study of, and submit to Congress a report on, the proportion of recyclable materials in commercial and municipal waste streams that, during each of the 10 calendar years preceding the year of submission of the report, were diverted from a circular market. The report under subsection (b) shall provide data on specific recyclable materials, including aluminum, plastics, paper and paperboard, textiles, and glass, that were prevented from remaining in a circular market through disposal or elimination, and to what use those specific recyclable materials were lost. The report under subsection (b) shall include an evaluation of whether the establishment or improvement of recycling programs would— improve recycling rates; reduce the quantity of recyclable materials being unutilized in a circular market; and affect prices paid by consumers for products using materials recycled in the circular market.

7. Administration The Administrator or the Secretary of Commerce may not exercise any authority under this Act or any amendment made by this Act if exercising that authority would require a State, a unit of local government, or an Indian Tribe to carry out a mandate for which funding is not available. Any information collected to carry out this Act shall not be made public if the information meets the requirements of section 552(b) of title 5, United States Code.