SACRAMENTO – Last night, California’s Department of Resources Recycling and Recovery (CalRecycle) closed the comment period for their informal draft regulations for California’s SB54, a groundbreaking law that Ocean Conservancy helped draft and champion and that, if implemented correctly, would  eliminate 23 million tons of plastics by 2032. This is the first updated draft of the regulations since California failed to meet a deadline for the regulations in March this year. These regulations will next proceed to a formal rulemaking before being submitted and becoming final.

Ocean Conservancy worked with Oceana and Monterey Bay Aquarium to submit public comments. Dr. Anja Brandon, Ocean Conservancy’s Director of Plastics Policy, an environmental engineer who was integral to the passage of SB54, released the following statement:

“These regulations fly in the face of the goals of SB54 and are a huge step backward in tackling plastic pollution in California. By creating exceptions for some of the most common plastics found on beaches, like food packaging, these draft regulations will make the bill less effective in reducing plastic pollution. And by enabling a pathway for harmful, expensive chemical recycling technologies, they contradict the Governor’s own concerns about rising costs for Californians. If the state is serious about tackling plastic pollution, it must reject these draft regulations.”

These implementation plans have deviated significantly from the law in two major areas: by expanding the list of products excluded from the law and by allowing harmful chemical recycling technology.

Major expansion of excluded materials

The new draft regulations significantly expand what products would be excluded under the program, including:

• All food contact packaging that has to comply with federal rules, guidance, or other standards by the USDA or the FDA. 
• Many over-the-counter drugs, not just prescription drugs and medical devices.

This would mean products from cereal containers to yogurt tubs to sunscreen to eye drops would no longer be subject to any of the requirements of the law, such as source reduction, redesign requirements, and recycling rates. Given the broad language used, it is unclear what products in the grocery store – if any – would still be included in the program. As written, it would allow producers to decide which of their products are not covered without a process by CalRecycle, severely limiting the benefits of the program and concentrating costs on the few producers still in the program and on everyday Californians.

Allowances for harmful chemical recycling technologies 

The law requires that CalRecycle prohibit chemical recycling technologies that “produce significant amounts of hazardous waste.” Instead of developing a criteria based on the amount of hazardous waste produced, as required by the law, the draft regulations switch to a waste management framework. This essentially allows for the generation of hazardous waste so long as it’s managed by a permit. The draft lacks SB 54’s requirement that the regulations include clear criteria to minimize the generation of greenhouse gases emissions and other environmental and public health impacts. These draft regulations would essentially pave the way for the most harmful and expensive types of chemical recycling technologies to be used in California, leading to harmful air pollution, greenhouse gas emissions and rising costs for Californians.

A group of 23 California legislators, led by Senator Allen, the author of SB 54, and Senator Blakespear, the chair of the Senate Environmental Quality Committee, sent a letter to CalRecycle that also highlights where the agency has exceeded their authority.

The joint comment letter from Ocean Conservancy, Oceana and Monterey Bay Aquarium can be found HERE.

A factsheet on SB 54 is available HERE and a blog HERE. 

More information about chemical recycling in SB 54 is available HERE. 

###

ABOUT OCEAN CONSERVANCY   Ocean Conservancy is working to protect the ocean from today’s greatest global challenges. Together, we create evidence-based solutions for a healthy ocean and the wildlife and communities that depend on it. For more information, visit oceanconservancy.org, or follow us on Facebook, X (formerly Twitter) or Instagram.