By Jessica A. Knoblauch
Summers in the Midwest are great for outdoor activities like growing your garden or cooling off in one of the area's many lakes and streams. But some waters aren't as clean as they should be.
That's in part because coal companies have long buried toxic waste known as coal ash near many of the Midwest's iconic waterways, including Lake Michigan. Though coal ash dumps can leak harmful chemicals like arsenic and cadmium into nearby waters, regulators have done little to address these toxic sites. As a result, the Midwest is now littered with coal ash dumps, with Illinois containing the most leaking sites in the country.
Thankfully, Illinois policymakers have just passed a coal ash bill that will finally help address the coal ash problem. If signed into law, the new protections signal hope for those who have been impacted by toxic coal ash for far too long.
The landmark legislation comes after years of advocacy by community groups such as Eco-Justice Collaborative and the Central Illinois Healthy Communities Alliance, as well as legal work by Earthjustice, Sierra Club and others.
Children enjoy tubing along the Vermilion River, which is polluted by coal ash.
Photo courtesy of Pam Richart / Eco-Justice Collaborative
The momentum for stronger coal ash protections began to build in 2014, after Earthjustice won a court settlement that forced the U.S. Environmental Protection Agency (EPA) to enact the first-ever federal safeguards on coal ash. The new protections were a huge win for impacted communities at risk of coal ash disasters, like the one that hit Kingston, Tennessee, where dozens of homes were destroyed in 2008.
The Trump administration, however, was determined to carry out the coal industry's bidding. So in 2018, it announced it was weakening the coal ash rule. Earthjustice quickly sued the administration for its illegal action. At the same time we were defending the rule, Earthjustice attorneys were also arguing that the original 2015 protections should be even stronger. In August 2018, a court agreed, forcing policy makers and coal companies to accept the reality that they would eventually have to address this problem nationwide. Illinois alone, for example, has more than 80 impoundments, including more than 50 that must close in the next few years under the current federal rule.
While the cases played out in court, coal companies began reporting groundwater monitoring data required under the 2015 safeguards. According to industry's own data, almost all coal ash ponds nationwide — 91 percent based on the first year of data reported — are contaminating groundwater with toxins above levels that the federal EPA deems to be safe.
Armed with that damning data, which came to light thanks to analysis by Earthjustice and the Environmental Integrity Project, advocates banded together to push their legislators to address the contamination. With 22 of Illinois' 24 coal-fired power plants shown to have contaminated groundwater with unsafe levels of one or more toxic pollutants, state politicians and regulators could no longer avert their eyes to the dangers of coal ash. In Danville, Illinois, for example, local groups like Prairie Rivers Network brought the data to legislators like State Senator Scott Bennett (D-Champaign), who had long been concerned about nearby coal ash ponds contaminating his constituency's prized gem, the Vermilion River.
Now the coal industry's defenses are beginning to fail in both Illinois and around the country. Earlier this year, Virginia passed bipartisan legislation requiring a powerful utility to recycle at least 25 percent of its coal ash and move the rest to lined landfills that won't leak into nearby waters. In addition, North Carolina passed its own coal ash legislation, requiring another major coal player to completely excavate and close all of its toxic ponds in the state.
Now, all eyes are on Illinois, as the bill goes to Gov. Pritzker's (D-IL) desk for signing. Key aspects of the proposed Illinois bill include:
- Financial assurances that the cost of coal ash cleanup will be borne by the coal companies, not taxpayers.
- Public participation in the form of opportunities for public review, comment and hearings on proposed permits for closing and cleaning up ash ponds. Previously, more than 20 closure plans for coal ash sites in Illinois have been approved entirely behind closed doors. Now, the community has a voice.
- Regulations as protective as the federal rules as well as mandates that go above and beyond the federal rules. Those include requiring ash pond owners to evaluate closing the ponds by getting rid of the source of the pollution – i.e., digging up the ash – and prioritizing closure of high risk sites and those affecting environmental justice areas.
"After years of inaction, Illinois will finally be taking steps to protect the public from the environmental and financial threats posed by coal ash ponds," says Andrew Rehn of Prairie Rivers Network, which played a critical role in organizing, lobbying, grassroots work and media.
Earthjustice attorney Jenny Cassel adds that pushing the coal ash bill through has been a "fantastic team effort," with Earthjustice playing a leading role in drafting, negotiation, legal analysis and communications.
"The bill and the issue were relatively unknown in the House and we needed 60 votes to pass it," said Cassel. "We ended up getting 77 votes, a clear sign that the bill's bipartisan measures appealed to lawmakers on both sides of the aisle."
What a Real Coal Ash Cleanup Looks Like https://t.co/zeM62JKP7e
— Lakota Law Project (@lakotalaw) April 9, 2019
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According to Forbes, the Three R's sustainability catch-phrase, and the recycling cause it bolstered, remain synonymous with the U.S. environmental movement itself. There's only one problem: despite being touted as one of the most important personal actions that individuals can take to help the planet, "recycling" – as currently carried out in the U.S. – doesn't work and doesn't help.
Turns out, there is a vast divide between the misleading, popular notion of recycling as a "solution" to the American overconsumption problem and the darker reality of recycling as a failing business model.
The Myth: Recycling Began as a Plastics' Industry Marketing Tactic
A recycling dumpster in Los Angeles. Citizen of the Planet / Education Images / Universal Images Group / Getty Images
When it was first introduced, recycling likely had altruistic motivations, Forbes reported. However, the system that emerged was never equipped to handle high volumes. Unfortunately, as consumption increased, so too did promotion of recycling as a solution. The system "[gave] manufacturers of disposable items a way to essentially market overconsumption as environmentalism," Forbes reported. Then and now, "American consumers assuage any guilt they might feel about consuming mass quantities of unnecessary, disposable goods by dutifully tossing those items into their recycling bins and hauling them out to the curb each week."
Little has changed since that Forbes article, titled "Can Recycling Be Bad For The Environment?," was published almost a decade ago; increases in recycling have been eclipsed by much higher consumption rates. In fact, consumerism was at an all-time high in January 2020 before the pandemic hit, Trading Economics reported.
But, if the system doesn't work, why does it continue? Turns out, consumers were misled – by the oil and gas industry. News reports from September 2020 revealed how the plastic industry-funded ads in the 1980s that heralded recycling as a panacea to our growing waste problem. These makers of virgin plastics were the biggest proponents and financial sponsors of plastic recycling programs because they created the illusion of a sustainable, closed-cycle while actually promoting the continued use of raw materials for new single-use plastics.
To the masses, these programs justified overconsumption and eased concerns over trash that could be thrown into recycling bins, Forbes reported. Generations of well-meaning Americans since the 1970's and '80's – believing these communications masterminds – have dutifully used-then-recycled plastics and other materials. They trusted that their discards would be reborn as new goods instead of ending up in oceans and landfills.
The plastics industry went even further, lobbying 40 states to put the recycling triangle symbol on all plastic – even if it wasn't recyclable, Houston Public Media reported. This bolstered the public image of plastic as a renewable resource, but the cost was clarity about what actually can be recycled. As recent as 2020, a Greenpeace report found that many U.S. products labeled as recyclable could not actually be processed by most domestic material recovery facilities.
The Reality: Most Recyclables Aren't Being Recycled
An initial pre-sort removes contaminates, items that can't be recycled, at Republic Services in Anaheim, California on Thursday, April 15, 2021. Paul Bersebach / MediaNews Group / Orange County Register / Getty Images
The U.S. relies on single-stream recycling systems, in which recyclables of all sorts are placed into the same bin to be sorted and cleaned at recycling facilities. Well-meaning consumers are often over-inclusive, hoping to divert trash from landfills. Unfortunately, the trash often ends up there anyways – with the additional cost of someone at a recycling plant sorting through it.
The single-stream system is easier on consumers, but results in a mixed stream of materials that is easy to contaminate, hard to sort and more expensive to process. There are a variety of items – including dirty pizza boxes, old clothing, hangers, plastic bags, aerosols, batteries and electronics – that, if added to a residential recycling bin, will contaminate the entire batch of recyclables, a Miami recycling center representative told EcoWatch. At that point, it can be too costly and too dangerous for employees to hand-pick out erroneous items. Because these items cannot be processed in the same way as recyclable materials, their inclusion often means the whole batch will fetch a lower price from buyers or must be thrown away.
"Most people have the attitude that if they just put it in the blue bin, it will get taken away and somebody will figure out what to do with it, but putting something in the blue bin and actually recycling it are two very different things," said David Biderman, CEO and executive director of the Solid Waste Association of North America.
Misunderstandings, misinformation and mislabeling aside, the harsh reality was and remains that most plastic can't and won't be recycled, reported NPR. For example, the EPA reported that plastic generation in 2018 was 35.7 million tons, accounting for 12.2 percent of municipal solid waste (MSW) that year. Of this total, only three million tons were recycled (an 8.7 percent recycling rate). The vast majority – 27 million tons – ended up in landfills, and the rest was combusted. The environmental agency also estimated that less than 10 percent of plastic thrown in bins in the last 40 years has actually been recycled.
The situation is slightly better for other recyclables, though they make up a smaller percentage of MSW. For example, glass products totaled 12.3 million tons in 2018, or 4.2 percent of the annual MSW generation. Almost 25 percent of glass was recycled, 61.6 percent ended up in landfills and 13.4 percent was combusted.
Post-consumer paper and cardboard for 2018 totaled 67.4 million tons, or 23.1 percent of total MSW generation for the year. The material also had the highest recycling rate of any other material in MSW – 68.2 percent. 25.6 percent of paper ended up in landfills and 6.23 percent was combusted.
According to this EPA data, recyclable plastics, glass and paper accounted for 18.5 percent, 5.2 percent and 11.8 percent of MSW landfilled in 2018, respectively. Those three materials alone comprised 35.5 percent of the total landfilled trash in the U.S. for the year; had they been properly collected, processed and purchased, they theoretically could have been diverted and recycled.
The Reason: Recycling Is Bad Business Around the World
Recyclable waste must be sorted, cleaned and processed before it can be sold as a commodity on the open market. Nareeta Martin / Unsplash
Unfortunately, the EPA data also shows that 2018 was not an anomaly but rather another data point showing how the single-stream system in the U.S. has never been economically viable or feasible on a large scale. To further understand why recycling in America is failing, we need to think of recycled goods as commodities – because that's what they are.
According to the recycling center representative, municipalities and counties pay for residential and commercial recyclables to be trucked to local and regional recycling plants for processing. Clean batches are sorted and/or compressed into bales of similar plastics, paper, aluminum or glass. The centers sell the cleaned recyclables on the open market to buyers who will process them into recycled materials like plastic pellets or post-consumer paper; these can be turned into new products.
This entire process – the processing and creation of saleable recycled goods – costs money. As with any good, profitability requires selling for a higher price than it costs to make. Contaminated batches are harder to process into new products and therefore fetch a lower price on the market, if they can be sold at all. Currently, U.S. recyclables are no longer profitable, and no one wants to buy them.
China used to buy the majority of the world's plastics and paper for recycling, The New York Times reported. The U.S. has been the #1 generator of plastic waste in the world for years and used to ship more than half of its total plastic production to China, a November 2020 study found. The research also noted that up to one-fourth of American plastics sent abroad were contaminated or of poor quality, which would make it extremely difficult to recycle anyways.
Starting Jan. 1, 2018, China banned imports of most scrap materials because shipments were too contaminated, The Times reported; the country no longer wanted to be the "world's garbage dump."
As a result, the U.S. and other Western nations who had relied on China to offload their recyclables saw a "mounting crisis" of paper and plastic waste building up in ports and recycling facilities, The Times reported.
The Western nations began sending recyclable waste to other Southeast Asian countries like Vietnam, Indonesia, India and Malaysia. These countries often lacked the infrastructure to handle recyclables, so a lot of the waste ended up incinerated or landfilled
In response, in 2019, the United Nations passed an amendment to the Basel Convention hoping to protect the poor and developing countries who'd taken up China's vacated role in the global recycling trade. The amendment ambitiously aimed to clean up the global trade in plastic waste, making it more transparent and better regulated and allowing developing countries to reject contaminated shipments. The U.S. did not ratify the amendment, and new evidence suggests it continues to send illegal and/or contaminated shipments to developing countries.
Domestically, the closing of the Chinese market to U.S. recyclables bankrupted many domestic recycling programs because there was too much supply and no real demand. The smaller Asian countries could not accept nearly as much as China had. Prices of recyclables dropped, and bales of scrap materials were sent to landfills and incinerators when they couldn't be sold, another Times article reported.
This left waste-management companies around the country with no market for recyclabes, The Atlantic reported. They've been forced to go back to cities and municipalities with two choices: pay a lot more to get rid of their recycling or throw it away. The news report noted that most are choosing the latter.
"The economics are challenging," agreed Nilda Mesa, director of the Urban Sustainability and Equity Planning Program at the Earth Institute's Center for Sustainable Urban Development. "If there is not a market for the recycled material, then the numbers do not work for these facilities as well as cities, as they need to sell the materials to recoup their costs of collection and transportation, and even then it's typically only a portion of the costs," Columbia's State of the Planet reported.
Tiffany Duong is an avid ocean advocate. She holds degrees from UCLA and the University of Pennsylvania Carey Law School and is an Al Gore Climate Reality Leader and student member of The Explorer's Club.
She spent years as a renewable energy lawyer in L.A. before moving to the Amazon to conduct conservation fieldwork (and revamp her life). She eventually landed in the Florida Keys as a scientific scuba diver and field reporter and writes about the oceans, climate, and the environment from her slice of paradise. Follow her on Twitter/Instagram @lilicedt.
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