California trash law could limit plastics useCalifornia trash law could limit plastics use

Plastics are quickly becoming the poster child of California''s efforts to significantly reduce trash entering its waterways. Observers say a quirky federal law that regulates this situation threatens the future of certain plastic products distributed in the Golden State.

"It has every potential of being a national issue," declares Laurie J. Hansen, a contract lobbyist representing the Society of the Plastics Industry''s (SPI) Film and Bag Federation, an SPI business unit. "Plastics recycling in California and the U.S. was in hibernation for a while but never went away. The issue of plastics in the public''s eyes is still a hot button."

Plastics are reportedly the primary source of litter polluting California''s rivers and oceans, raising fears of serious environmental and public health issues. The Los Angeles Regional Water Quality Control Board (LARWQCB) attempted to remedy this situation in September 2001 when it adopted a "total maximum daily load" (TMDL) that limits discharges into the Los Angeles River watershed. The board created a 10-year schedule for completing TMDLs for the entire region''s impaired waters, starting in 2004.

The pollution control initiative falls under the Clean Water Act, a federal law serving as the cornerstone of U.S. surface water quality protection. "We strongly support it," says David Beckman, director of the National Resources Defense Council''s (NRDC) Coastal Water Quality Project in Los Angeles. "Using reasonable standards phased in over 12 years, it will prevent millions of tons of trash from fouling our coastal water." NRDC is a non-profit environmental action organization.

Should the Los Angeles basin storm water be required to meet the TMDL requirement, construction and operational expenses of new collection and treatment facilities has been estimated by several studies to range from tens to hundreds of billions of dollars. "It''s going to be a major investment of city funds just to bring [trash levels] down by 50%," says Ken Farfsing, city manager, City of Signal Hill, CA.

Many affected localities and private sector interests have expressed concerns over potential TMDL compliance costs both in Los Angeles and California, according to the Coalition for Environmental Protection, Restoration, and Development (CEPRD). The non-profit educational corporation promotes expanded working relationships among environmental regulatory agencies. "The policy could have the effect of satisfying water requirements at the expense of a major industry," says David Friedman, senior fellow, New America Foundation, a Washington public policy institute.

Not so, says Dennis Dickerson, LARWQCB''s executive officer. The regulation does not limit manufacture, distribution, sale, or use of any product. "It addresses the issue of whether it is appropriate to have a particular item of trash in the waterways and on our beaches."

California has no comprehensive management policy for plastics. But in a recent development, the California Integrated Waste Management Board (CIWMB), in partnership with the Department of Conservation, released a report defining state plastics issues and offering policy options. "Plastics White Paper: Optimizing Plastics Use, Recycling, and Disposal in California," prepared by NewPoint Group Inc., a Sacramento, CA-based management consulting firm, suggested, among other things, developing management systems to optimize plastics use, recycling, and disposal; promoting plastics resource conservation and minimizing unnecessary use of plastics; and creating a long-term approach to resolving state plastics issues. A separate report to the California Legislature regarding polystyrene use and disposal is also under development.

City of Signal Hill''s Farfsing says an inordinate amount of Styrofoam cups, plastic bottles, bags, and food containers enter local storm drains daily. He suggests manufacturers supplant these materials with alternatives, such as paper products. "Because we''re faced with storm-water levels we can''t control, we''re looking at options."

Others believe the TMDL requirement is an opportunity for industry to step up to the plate and show it cares about the environment. "The industry should look for ways to keep plastic products from fouling our water, including providing more trash receptacles, putting public service messages on bottles, funding public education campaigns, and looking at ways to increase the economic incentives for people to recycle plastic products," NRDC''s Beckman suggests.

While industry trade associations contacted by MP favor measures that limit waste from entering California waterways, they do not support any plan that limits or eliminates certain plastic products. "There are some rumblings about how you can go about phasing some of the materials out, encouraging food service establishments to use other products," contends Tim Shestek, director of state and local public affairs, American Chemistry Council (ACC). "We are not interested in having our products phased out."

There are less drastic measures that may allow cities to comply with the waste reduction initiative. For instance, grates inserted into storm drains could limit waste discharges. More trash receptacles could be strategically situated in busy areas. "There''s additional street sweeping and other practical things that can be done to control trash entering the street and storm drains," LARWQCB''s Dickerson says.

Some countries have been successful removing plastic bags from the waste stream. A recent MSNBC report found that Ireland reduced plastic bag use by 95% since a tax was imposed in March 2002. The Irish Department of the Environment raised $15.15 million from the levy used to fund recycling programs nationwide. Meanwhile, supermarket chains in other countries, including Germany and Canada, are asking shoppers to pay for shopping bags.

Farfsing suggests increasing the deposit fee on plastic bottles and funneling some of these monies back to local governments to finance cleanup efforts. "There may be some solutions other than banning product."

Existing state and federal revenue sources are unlikely to be sufficient to fund future TMDL development and implementation. As a result, CEPRD is in the process of exploring how market-based approaches might still be applied to meet TMDL requirements. According to Chris Campbell, CEPRD executive director, such measures have the potential to reduce regulatory costs by allowing and encouraging the regulated community, in cooperation with regulators and other affected stakeholders, to identify and then implement the most effective compliance strategies.

The ACC and Polystyrene Packaging Council recently pledged $25,000 to assist in the development of recommendations pursuant to the pilot project proposal titled "Market Based Solutions for Achieving the Trash Total Maximum Daily Load in the Los Angeles Watershed." This proposal was prepared for the CEPRD and submitted by California Partnerships Inc. in association with New America Foundation''s Friedman on Apr. 21.

"What we are proposing to do is take a look at how a market-based approach for trash might be developed, and in so doing, create a template replicated in other jurisdictions here in California and nationally," Campbell explains.

Industry trade organizations say they will continue lobbying local and state officials to explore solutions that do not include banning certain types of plastic. "Few cities have suggested banning polystyrene food service products, which is a significant contributor to the trash stream," ACC''s Shestek says. "Our hope is to work with them and not go down that path."

Greg Valero [email protected]