The Institute of Scrap Recycling Industries (ISRI), Washington, testified before the U.S. Senate Environment and Public Works Committee Sept. 22. ISRI Chief Lobbyist Billy Johnson represented the association during the committee hearing titled “The Circular Economy as a Concept for Creating a More Sustainable Future.”

Johnson told the committee, “Recycling is essential to the U.S. economy, the global manufacturing supply chain and a vital solution to help combat climate change and build environmental equity.”

He also noted the economic benefits of recycling in the U.S., including its role as a job creator. “The recycling industry employs 531,510 Americans in jobs averaging $73,000 in wages and benefits annually while generating $110 billion in economic activity and $12.9 billion in federal, state and local tax revenue all while making the old new again.”

Johnson said, “Our country’s recycling infrastructure processes more than 130 million tons of recyclables annually, representing $110 billion annually in economic activity within the U.S.”

According to his testimony, curbside residential recycling represents only 20 percent of the material that works its way through U.S. recycling infrastructure. “The other 80 percent comes from the recycling of commercial and industrial materials that tends to be cleaner and therefore can be processed to higher grades with greater marketability,” he said. However, Johnson added that because of the high visibility of residential recycling, “we are seeing a growing loss of confidence in recycling on the part of the general public, which is of great concern to all of us in the recycling industry.”

Johnson said the pressure points on residential recycling are:

• “right before the material enters the residential recycling stream, when the decision is made whether to put an item in the bin and in what condition to do so;”
• between the MRF and municipality, noting that contracting policies and procedures that provide flexibility for market fluctuations are needed;
• during processing, where it’s necessary to upgrade facilities and develop the workforce; and
• with the lack of market development efforts to create new and expanded uses for the specific materials that are found in the residential stream.

“Therefore, it is critical that all stakeholders work together to develop a common understanding of the weaknesses affecting the residential stream and then work together to develop a menu of solutions since many challenges stem from products that were not designed for recycling, such as those made from multiple polymers or incompatible manufacturing methods and the consumer is not aware or confident in whether their recycling decisions are correct,” Johnson said in his testimony.

He also discussed policy solutions, noting, “There is no one, singular, solution to the challenges we are experiencing in the residential recycling infrastructure.”

Among the solutions he suggested were strengthening domestic recycling and market development, providing recycling education funding, designing for recycling, encouraging recycling activities and extended producer responsibility legislation.

“While ISRI acknowledges that the concept of extended producer responsibility is being considered at the federal and state governmental levels, we do not support those product stewardship policies that disrupt the current recycling infrastructure,” he added.

Johnson said, “ISRI strongly urges product manufacturers to design their products and packaging for cost-effective recycling."

The full text of his testimony is available here.

The city of Absecon, New Jersey, has received a grant from The Recycling Partnership, Falls Church, Virginia, to provide Absecon households with new 96-gallon recycling carts for curbside, single-stream recycling collection. The carts replace smaller bins that had been used for residential recycling.

The new carts come with wheels for easy maneuvering and attached lids to keep recyclables dry and secure. Cart delivery began Sept. 20.

“We are excited to bring carts to the residents of Absecon. The new carts are easy to move, durable and will keep our streets cleaner on recycling day. We look forward to seeing an increase in recycling rates and a decrease in litter,” says Absecon Mayor Kimberly Horton.

According to a news release from The Recycling Partnership, the new carts should be the primary containers used by residents for recycling. Residents may still use smaller bins when additional capacity is needed as long as the bin includes a lid.

Atlantic County Utilities Authority (ACUA) provides collection for Absecon. ACUA’s collection team uses an automated cart tipper to lift and pour materials from containers into its trucks. “The switch to carts just makes sense—they keep our communities cleaner, and they have proven to increase recycling rates in municipalities that adopt them,” says ACUA President Rick Dovey. “We look forward to expanding this effective and efficient collection system.”

Sept. 20, U.S. District Court Judge Maxine Chesney dismissed a lawsuit Greenpeace Inc. filed against Walmart in late 2020, saying the organization lacked standing for the case to be considered on the merits. In the suit, Greenpeace USA alleges that Walmart uses unlawful, unfair, and deceptive business practices by incorrectly labeling and advertising its various private-label plastic products and packaging as recyclable.

The lawsuit highlighted nearly a dozen examples of what Greenpeace says are Walmart’s private-label products with unqualified and otherwise problematic recyclable labels, with the organization adding that these examples are just the tip of the iceberg.

According to Federal Trade Commission (FTC) guidelines, a product or package cannot be marketed as recyclable unless it can be “collected, separated or otherwise recovered from the waste stream through an established recycling program for reuse or use in manufacturing or assembling another item.” Because the suit was dismissed on a legal technicality, this clear violation of the law is allowed to stand, the organization says.

Greenpeace says labeling Walmart’s packaging as recyclable also violates California Environmental Marketing Claims Act (EMCA), which regulates deceptive environmental marketing claims.

In response to the court’s ruling, Greenpeace USA Oceans Campaign Director John Hocevar says, “Walmart sells more products packaged in throwaway plastic than almost any other polluter in the world. Big brands know their customers are growing concerned about plastic pollution, but, instead of addressing real solutions, they have opted for greenwashing. 

“Walmart failed to take action when we pointed out that they were labeling packaging as recyclable when it was headed for landfills and incinerators,” Hocevar continues. “When we finally took them to court, Walmart used a legal technicality to challenge our right to file rather than addressing the substance of the case.” 

He adds that California’s “SB 343 will end this kind of greenwashing in California, and nationwide legislation is soon to follow.”

According to that California bill, which as of Sept. 23 had not been signed into law by Gov. Newsom, a product or packaging type would be considered recyclable in California if, based on information published by the California Department of Resources Recycling and Recovery (CalRecycle), the product or packaging is of a material type and form collected for recycling for jurisdictions that collectively encompass at least 60 percent of the state.”

This legislation is consistent with the FTC guidelines on recyclability claims.

“The failure of companies like Walmart to move away from single-use plastic and shift to reuse, refill and package-free approaches is prompting a wave for regulations across the U.S. and around the world,” Greenpeace’s Hocevar says. “The more they duck responsibility, the greater the demand for stronger regulations.”

Greenpeace USA says it is reviewing the court’s ruling and evaluating all legal options. 

Creighton Magid, a partner at the international law firm Dorsey & Whitney in its Washington office, helps clients navigate the federal regulatory system, particularly in connection with the U.S. Consumer Product Safety Commission.

Regarding the decision to dismiss the case, he says, “The dismissal order throws a bucket of cold water on lawsuits brought by environmental organizations under state consumer deception statutes. It’s not enough to argue that claims of recyclability are misleading; to bring a lawsuit under such a statute, the organization has to show that it was misled. Greenpeace and similar organizations have a hard time making that showing because they’re not inclined to believe that plastic is recyclable generally. As Judge Chesney made clear in her order, that’s the Achilles’ heel in this type of lawsuit.”

Paris-based Constellium SE has announced that it will supply aluminum structural components for the all-electric Ford F-150 Lightning that is expected to be available in the spring of 2022. Constellium-supplied structural components for the vehicle will include the windshield header, rocker and radiator support, among others.

Constellium says aluminum manages crash energy in certain front, side and rear impacts and provides intrusion resistance in electric vehicles, adding that plug-in hybrid and full battery electric vehicles use more aluminum than the typical internal combustion engine vehicle today.

“Constellium is proud to supply the electric Ford F-150 Lightning with recyclable aluminum and to contribute to Ford’s commitments to sustainability,” says Philippe Hoffmann, president of Constellium’s Automotive Structures & Industry business unit. “Aluminum is the metal of choice for electric vehicles and our light, strong, crash- and intrusion-resistant solutions help make electric vehicles safe and more sustainable.”

Constellium supplies rolled and extruded aluminum solutions for the global automotive market. The company says it has delivered more than 50 million components for Ford’s aluminum-intensive trucks and SUVs since 2015. Aluminum components offer the strength and stiffness needed for body structure applications while saving weight and integrating multiple parts into single pieces to reduce complexity and assembly time, the company says.

In addition to the F-150 Lightning, F-150 and Super Duty trucks, Constellium also supplies aluminum components and auto body sheet (ABS) for 10 additional Ford and Lincoln models, including ABS for reinforcements on the hood, doors and tailgate of the Ford Bronco; ABS for the hood and tailgate on the Ford Ranger; and roof bow, radiator support and ABS for the roof, doors, liftgate, hood and fenders of the Ford Expedition and Lincoln Navigator. The company says its body structure components and crash management systems are supplied from its plant in Van Buren, Michigan, with ABS being provided by its Bowling Green, Kentucky, facility.