Closing a Plastic Litter Loophole with the Plastic Pellet Free Waters Act

With 2024 well and truly launched, and Coastal Recreation Hill Day just around the corner, let’s dive into one of Surfrider’s biggest campaigns of the year: Pass the Plastic Pellet Free Waters Act. 

In July of 2023, Illinois Senator Dick Durbin reintroduced the Plastic Pellet Free Waters Act (S.2337), which would require the Environmental Protection Agency (EPA) to prohibit plastic manufacturers from spilling, dumping, or otherwise discharging the pellets used to make plastic (also known as “nurdles”) into America’s waterways. This would apply to facilities that make, use, package, or transport plastic pellets, and the EPA would have 60 days to make this new rule. Additionally, all existing permits and standards would have to be updated in accordance with the new rule.

Why is dumping plastic into our waterways even allowed at all?

That we have to demand a new rule saying companies can’t dump plastic into our streams, rivers, lakes, and ocean might surprise people, but the fact is, the EPA hasn’t updated its regulations related to the Clean Water Act on this front for decades. While the Clean Water Act authorizes the EPA to address pollutants in U.S. waters by developing Effluent Limitation Guidelines (ELGs), current ELGs for the plastic molding and forming industry only apply to process wastewater (the water used in the manufacturing process to cool, heat, or clean plastic products and equipment).

Additional regulations may be applied through individual permits, but are insufficient. No EPA regulations for the treatment of direct stormwater runoff from these plastic facilities currently exist. Best management practices that may apply to industrial stormwater permits do not fully prevent plastic pellet pollution. 

Victory in Texas, lawsuits in South Carolina and Louisiana 

In December 2019, state environmental activists in Texas won a record-breaking $50 million settlement against Formosa Plastics – the largest settlement ever in a citizen clean-water-suit – along with Formosa agreeing to comply with “zero discharge” of all plastics in the future.

In March 2020 in South Carolina, two citizen groups filed a pellet case in March against Frontier Logistics, a major shipper of resin pellets, for a significant spill the year before in Charleston Harbor, along with smaller spills. In August 2020, a cargo ship on the Mississippi River in New Orleans was involved in a major pellet spill, further complicated by confusion over which federal or state agency is responsible for responding. 

Enter the Plastic Pellet Free Waters Act

Since even trace amounts of plastic can be harmful, a prohibition on pellets is necessary. Currently, stopping this type of pollution requires time- and cost-intensive citizen lawsuits. Instead, plastic manufacturers should be responsible from the get-go for preventing plastic pellets and other pollutants from entering our waterways. Passage and implementation of the Plastic Pellet Free Waters Act would place the burden where it belongs – on the plastic manufacturers.

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Surfrider’s role

In July 2019, the Surfrider Foundation was one of 280 environmental, public health, and community groups that petitioned the Environmental Protection Agency (EPA) to monitor and prevent plastic pellet pollution, and to implement a zero-discharge standard for pellets. We’ve advocated for the Plastic Pellet Free Waters Act since its initial introduction in 2020, along with the Break Free From Plastic Pollution Act (BFFPPA). 

This year, we continue to gather cosponsors for BFFPPA and have elevated the Plastic Pellet Free Waters Act to a top priority. We’re striving to gather bipartisan support – a critical component if the legislation is to pass – and bringing the Plastic Pellet Free Waters Act to legislators as part of our 2024 Coastal Recreation Hill Day event at the end of February. Supporters can contact their federal elected officials and urge them to support the Plastic Pellet Free Waters Act (S.2337) and donate to Surfrider’s efforts here. 

Background

In July 2019, the Surfrider Foundation was one of 280 environmental, public health, and community groups that petitioned the Environmental Protection Agency (EPA) to monitor and prevent plastic pellet pollution, and to implement a zero-discharge standard for pellets. Later that year, in December 2019, state environmental activists in Texas, won a record-breaking $50 million settlement against Formosa Plastics — the largest settlement ever in a citizen clean-water-suit — along with Formosa agreeing to comply with “zero discharge” of all plastics in the future.

In March 2020 in South Carolina, two citizen groups filed a pellet case in March against Frontier Logistics, a major shipper of resin pellets, for a significant spill the year before in Charleston Harbor, along with smaller spills. In August 2020, a cargo ship on the Mississippi River in New Orleans was involved in a major pellet spill, further complicated by confusion over which federal or state agency is responsible for responding. Far more often, however, pellets leak from negligent or lax control at industrial and transportation sites due to a failure of federal or state oversight officials to enforce pellet practices and loose industry self-policing. Citizen lawsuits have been necessary because federal and state authorities have failed to act. 

In September 2020, Sen. Udall introduced the Plastic Pellet Free Waters Act (S.4681). Pulling text directly from the original Break Free From Plastic Pollution Act, a piece of federal legislation that Surfrider also supported. Unfortunately, neither of these bills were passed into law.

In July 2023, Sen. Durbin reintroduced the Plastic Pellet Free Waters Act (S.2337) to solve this issue once and for all. Shortly after, Sen. Merkley and Rep. Huffman also reintroduced an updated version of the more comprehensive Break Free From Plastic Pollution Act.