Full Breakdown
EPA Considers Deregulation of Chemical Plastic Recycling
4/15/2026, 10:58:19 PM
Overview of Proposed Changes
The Environmental Protection Agency (EPA) is contemplating a significant regulatory shift regarding chemical recycling facilities, particularly those employing pyrolysis, a process that breaks down plastics using heat or chemicals. Currently classified under strict air pollution standards akin to incinerators, the EPA may redefine pyrolysis as manufacturing under Section 111 of the Clean Air Act. This potential change has raised concerns among environmental advocates who argue it could lead to increased air pollution and reduced federal oversight.
Industry Perspectives
Proponents of the change, including the American Chemistry Council (ACC), assert that recognizing pyrolysis as manufacturing would clarify regulatory confusion while maintaining emission controls. Ross Eisenberg, president of America’s Plastic Makers, emphasized that the goal of chemical recycling is to recover materials rather than destroy them. He stated, “The definition of incineration is to destroy it... They are trying to preserve it and recover the materials, which is recycling, which is manufacturing.”
Environmental Concerns
Critics, including Judith Enck, former EPA regional administrator and head of Beyond Plastics, argue that this regulatory rollback would weaken environmental protections. Enck contends that chemical recycling companies have long sought to evade stringent regulations, and the proposed changes represent a significant risk to public health. John Walke, from the Natural Resources Defense Council (NRDC), warned that the shift could result in a regulatory gap, allowing facilities to operate without federal emissions standards. He remarked, “You could have a facility that was controlled on a Monday... and on Tuesday... legal permission to turn off installed pollution controls.”
Current Regulatory Landscape
Currently, pyrolysis is regulated under Section 129 of the Clean Air Act, which limits emissions from incineration units. The EPA's consideration of a new rule has sparked public outcry, with many advocating for the continued regulation of pyrolysis as incineration. At a recent public hearing, speakers from the nonprofit Moms Clean Air Force expressed their concerns, with Kiya Stanford stating that the change “feels like a move to prioritize polluters over people.”
Legislative Context
Despite the ongoing debate, the ACC reports that over 90% of plastics are not recycled, and they argue that chemical recycling could significantly reduce landfill waste. There are currently six operational pyrolysis plants across states including Ohio, Texas, and North Carolina, with additional facilities planned. The ACC has been lobbying for legislative support to regulate chemical recycling as manufacturing, with 25 states already enacting such laws.
Conflicting Reports & Gaps
The EPA's notice regarding the proposed rule change was criticized for being buried within a broader announcement about other regulatory updates. This has led to accusations of a lack of transparency in the agency's communication. The EPA has defended its actions, asserting that the press release adequately highlighted the proposed changes.
What's Next
As the EPA continues to solicit public comments on the potential rule change, environmental groups, including the NRDC, have indicated plans to challenge any final decision to deregulate pyrolysis in court. The outcome of this regulatory review could have lasting implications for air quality standards and the future of plastic recycling in the United States.
