Advisors for a Sustainable Future
U.S. Governmental Advisory Committee
Independent Federal Advisors
on the North American
Agreement on Environmental Cooperation
Chair
Jeffrey Wennberg
Tel. 802-793-5345
wennberg.ccs@gmail.com
Designated Federal Officer
Oscar Carrillo
Tel. 202-564-2294
carrillo.oscar@epa.gov
Committee Members
Jeffrey Wennberg
Chair
Vermont
Patty Acomb
Minnesota
Cornelius Antone
Arizona
Martha Bolirt
Virginia
Marina Brock
Massachusetts
Sally Ann Gonzalez
Arizona
Suzanne E. Hanson
Minnesota
Gerald Keenan
Illinois
Edna A. Mendoza
Arizona
Vincent R. Nathan
Texas
Nazaret Sandoval
Michigan
Cristina Viesca-Santos
Texas
Charles J. Striplen
California
Kelly C. Wright
Shoshone-Bannock
Tribes
May 30, 2018
The Honorable Scott Pruitt
Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460
Dear Administrator Pruitt:
The Governmental Advisory Committee (GAC) to the U.S. Representative to the North
American Commission for Environmental Cooperation (CEC) held its 50th meeting in
Washington, D.C. on April 26-27, 2018. This letter represents our full advice resulting from
that meeting.
The advice sought by EPA pertains to the challenge of marine litter and the best
management practices being employed by government, industry and others to address it. Jane
Nishida, Principal Deputy Assistant Administrator for the Office of International and Tribal
Affairs, updated members on recent EPA/CEC activities, the April 2018 Alt Rep meeting,
the 2018 Council Session and matters pertaining to tribal affairs. Present during our first day
of deliberations were representatives of SEMARNAT, Mexico's Environment Ministry; and
members of the CEC Secretariat in Montreal, who were in Washington for the Alt Rep
meeting the previous day.
Principal Deputy Assistant Administrator Nishida explained that EPA's desire for
advice about marine litter came from multiple engagements including the United Nations
(UN) Environment Assembly resolution by Member States on preventing marine litter, the
Group of Seven (G7) countries" commitment to take deliberate action to address marine litter
and debris, and the current CEC project titled "Building Community Solutions for Marine
Litter."
In support of our discussion, Robert S. Benson, Acting Chief, Partner Programs Branch,
EPA Office of Water, reported on the domestic activities of EPA's Trash Free Waters (TFW)
Program. We also heard from Ms. Carla Friedrich, Program Officer, UN Environment, North
America Office, who described the UN Environment Programme (UNEP) and discussed the
UN Environment's marine litter efforts.
We received excellent briefings on private sector efforts from Stewart Harris, Director
for Marine and Environmental Stewardship for the American Chemistry Council's Plastics
Division, and Jennifer Ronk, North American Sustainability and Advocacy Manager for the
Dow Chemical Company's Packaging and Specialty Plastics Division. We also learned about
entrepreneurial efforts to develop alternatives to plastics from Daniella D. Russo, CEO of
Think Beyond Plastic.
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Local government efforts were highlighted by Julie Lawson, Director of the D.C.
Mayor's Office of the Clean City, who described the work her office is doing to reduce and
prevent marine litter in the nation's capital.
The committee received updates on key activities at the CEC Secretariat from Executive
Director Cesar Rafael Chavez who updated members on the active 2017-2018 operational
plan cooperative projects and grants. We also received an update on Submissions on
Enforcement Matters (SEM) and status of submissions from Robert Moyer, SEM Director,
and a report on JPAC activities from Gustavo Alanis-Ortega, JPAC Chair.
The meeting was opened by a welcome from Federal Advisory Committee Management
Division (FACMD) Director Monisha Harris, who provided an update on FACMD activities,
including the role of EPA's advisory committees. The GAC deeply appreciates the excellent
support provided by the FACMD and thanks Director Harris, NAC/GAC Designated Federal
Officer Oscar Carrillo and all the FACMD staff for their support, before, during and after the
meeting.
cc:
Jane T. Nishida, Principal Deputy Assistant Administrator for the Office of International
& Tribal Affairs
Monisha Harris, Director, Federal Advisory Committee Management Division
(FACMD), EPA
Oscar Carrillo, Designated Federal Officer (FACMD), EPA
Mark Kasman, Director, Office of Regional & Bilateral Affairs, OITA, EPA
Luis Troche, Senior Advisor, North American Affairs, OITA, EPA
Gustavo Alanis-Ortega, Chair, Joint Public Advisory Committee
Cesar Rafael Chavez, Executive Director, CEC
Members of the U.S. National and Governmental Advisory Committees
Administrative support for the GAC is provided by the U.S. Environmental Protection Agency,
Federal Advisory Committee Management Division, OARM
Mail Code 1601-M, 1200 Pennsylvania Ave. NW Washington, D.C. 20460
(t) 202-564-2294 (f) 202-564-8129
Sincerely,
Jeffrey Wennberg, Chair
Governmental Advisory Committee
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Governmental Advisory Committee (GAC)
to the U.S. Representative to the
Commission for Environmental Cooperation (CEC)
Advice 2018-1 (May 30, 2018):
Charge Question:
Provide advice focused on best practices being implemented by state and local governments,
private sector, academia and local communities to:
•	Prevent/reduce sources of debris and plastics from entering into waterways to become
marine debris/litter;
•	Innovative uses of alternative materials that are able to decay or compost reducing the
impact on waterways and coastal ecosystems;
•	Mitigate marine debris and plastics that has found its way into waterways and coastal areas;
and
•	Increase public awareness and action to address the problem of marine debris/plastics.
Marine debris, including plastics and micro plastics, have become a global concern. Rising living
standards in regions with emerging economies has dramatically increased the demand for single-
use plastic products and packaging. In many of these regions urban centers cluster along the
coasts and lack adequate waste management infrastructure. Research on the fate and effect of
microplastics on living organisms and ecosystems is decades behind the fact that these materials
are now found nearly everywhere on the planet.
The nations of North America contribute to this problem, but it is believed our three integrated
economies may be well-suited to develop the technological, market, and regulatory tools to solve
it. The Governmental Advisory Committee (GAC) believes solving this problem can only be
accomplished if two prerequisites are met: industry and the public must be motivated to change
and have the opportunity to do so. The GAC also believes the governments of North America
and the CEC can play a critical role in bringing this about.
Motivate the Public
Motivating the public to prefer environmentally friendly products and responsibly manage waste
is nothing new. Governments and the private sector have had great success in the past with
advertising and other campaigns to educate and promote public awareness of the costs and
consequences of our choices. To be effective these messages need to connect the individual with
the local consequences of his behavior. Large regions of floating debris in the North Atlantic
Gyre will generally not motivate the average Nebraskan to reduce her use of single-serving water
bottles.
An excellent example of a local public awareness campaign is Hawaii's Beach Environmental
Awareness Campaign Hawaii (B.E.A.C.H.). In existence for 12 years, this all volunteer, non-
profit organization brings awareness and solutions to marine debris through environmental
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education, marine debris removal and research, and plastic reduction/litter prevention campaigns.
B.E.A.C.H. gives educational presentations to all ages of school students, university students and
teachers as well as in the community to raise awareness of marine debris impacts and solutions to
the problem. Marine debris removal, research, and plastic reduction and litter prevention
campaigns are also undertaken by this award-winning program.
On March 24, 2018, event coordinators and volunteers celebrated the 25th consecutive "River,
Lakes, Bays 'N Bayous Trash Bash," the largest single-day cleanup of waterways in Texas.
Annually thousands of people from the community come together to clean up waterways in the
greater Houston area. The event promotes environmental stewardship of the Galveston Bay
Watershed through volunteer removal of litter and debris, hands-on educational displays, and
collaborative partnerships among environmental groups, governmental bodies, and private
organizations.
A unique aspect of Trash Bash is its ability to change behavior and foster community-wide clean
water environmental awareness. For example, this year each Trash Bash site had a series of
interactive exhibits where volunteers learned how their personal changes can improve the
environment.
Since the first cleanup in 1994, Trash Bash has grown from seven to fourteen sites and attracts
about 4,400 volunteers. During its 25-year history, volunteers have collected 2,274 tons of trash,
11,065 tires, and 17.3 tons of recyclable materials. And while the number of volunteers has
remained steady the volume of trash collected each year continues to decline as public awareness
grows.
In 2017 The Alliance for the Great Lakes sponsored the Adopt-a-Beach program. A total of
3,940 Michigan volunteers participated. These volunteers contributed 8,730 volunteer hours to
pickup 11,897 pounds of litter through 445 cleanup events at 131 sites within 31 counties. As
part of these events, participants collected data on the types of litter collected. By participating in
the program, these individuals also learned of the importance of keeping litter from beaches and
the Great Lakes shoreline.
Another effective way to motivate changes in behavior is through price signals. Beverage
container deposits have effectively reduced littering of these items in many states. The
presentation by Julie Lawson, Director for DC. Mayor's Office of the Clean City, documented a
successful Montgomery County, Maryland program to reduce the use and disposal of single-use
plastic and paper shopping bags. All retail establishments in Montgomery County that provide
customers a plastic or paper carryout bag at the point of sale are required to charge 5 cents per
bag. The revenues from this charge are deposited into the County's Water Quality Protection
Charge (WQPC) fund to shift the burden of litter cleanup costs from public taxpayers to
consumers who choose not to use reusable bags. According to the Washington Post, bag sales
increased slightly between 2014 and 2015. Montgomery County attributed the increase in bag
sales to improved economic conditions, population increases, an increase in the number of stores
and a higher level of retailer compliance. But the Post also reported that bag collections at "traps
at 15 stream sites in the county monitored by the Metropolitan Washington Council of
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Governments show a decline in the number of plastic bags collected, from 856 in 2011 to 777 in
2015. The figure from the first half of 2016 shows an even steeper drop, to 281."
Increase Opportunities for the Public
Promoting education and awareness are well understood. But the opportunity for individuals to
act on their desire to make better choices is not universal. The U.S., Canada, and Mexico have
good waste management infrastructure but because this is typically a local responsibility there
are significant differences in the availability of these services within each nation. And, as
mentioned above, in the developing world some populous regions can lack even basic waste
management services.
The gap between the global priority to address this issue and the local capability to create and
maintain the necessary infrastructure must be addressed, especially if the education and
awareness campaigns are successful in motivating people to change their behavior.
The CEC could play a key role toward this end. One of the CEC's greatest contributions since its
creation has been to harmonize environmental measurements and standards across North
America. The GAC believes the development of a three-nation perspective on marine litter
should begin similarly - by examining the current data and methods of measurement and
proposing a standardized system of measurement and reporting common to all. In addition, the
CEC could evaluate gaps in the data and propose means of filling them. Finally, the CEC could
create an inventory of provincial, state and urban area waste management capabilities to help
focus regional and national resources on those areas that have the greatest need and represent the
greatest risk to the environment.
Motivate Industry
Manufacturers and retailers of single use plastic products must develop and offer consumers
alternatives if the campaigns to educate and motivate consumers are to succeed. Consumer
demand is arguably the most effective means of incenting industry to invest in alternative
materials and systems, but regulation can also play an important role.
The GAC believes the favorable economics of single use plastic products is partially the result of
the disconnect between the cost to produce the products and the cost to responsibly dispose of or
recycle them. For the most part the external cost of handling the post-consumer waste is paid by
either government or the environment through degradation. Either way, the producer, retailer
and consumer shift responsibility for the management of these products to society as a whole.
And once the materials are carried beyond jurisdictional limits to the oceans the implied national
obligation to manage the waste also disappears.
A good example of an industry response to consumer demand is the German discount food
market chain ALDI and their subsidiary brand Trader Joes. ALDI does not offer single-use
shopping bags at any of its stores. Customers may purchase reusable bags or bring their own.
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The chain promotes this policy as both environmentally progressive and contributing to
discounted prices on the shelves. The chain reportedly has nearly 11,000 stores in 18 countries,
and U.S. market share has grown 40 percent in slightly over 3 years.
The presentation by Stewart Harris, Director of the American Chemistry Council's Plastics'
Division Marine and Environmental Stewardship program was another good example of industry
action to address this challenge. In 2011 global plastics associations jointly presented a 6-point
strategy for industry action that included research, education, partnership development, enhanced
recycling and energy recovery, enforcement of existing laws and stewardship of plastic pellets.
The association supported the federal ban of plastic microbeads in cosmetics in 2015, the
reauthorization of the Marine Debris Act and funding for NOAA's Marine Debris Program.
Numerous partnerships have been developed under this program including with EPA's Trash
Free Waters Program and The Meadows Center for Water and the Environment at Texas State
University, with the goal of fostering a litter-free environment in the Trinity River Basin. This
effort is typical of many that are aimed at addressing local litter challenges through local
voluntary action and education.
The GAC applauds these efforts but acknowledges that replicating them globally will take
enormous resources and a great deal of time. These efforts focus on collecting trash after it is
released and changing behavior, but in regions where governments and the private sector lack the
infrastructure to properly manage waste it is difficult to see how such programs could succeed.
Enable Industry to Change
The GAC agrees that there should be greater emphasis by industry toward the development of
new materials possessing the same beneficial properties as plastics but without the persistence
and potential for environmental harm. Unfortunately, the plastics industry is fragmented, with a
small group of companies developing the "raw material", another much larger group processing
that material into containers, films and other products, and still another even larger group using
those products to conveniently and cost-effectively deliver their products to the market. As long
as the societal cost of inappropriate disposal is not reflected in the product price, industry will
lack the economic incentive to invest in the development of replacement materials and methods.
The presentation by Daniella Russo of Think Beyond Plastic indicated that there are several
innovative alternatives under development. The purpose of her organization is to facilitate the
conversion of promising alternatives into viable commercial enterprises. Ms. Russo asserted that
the common assumption that risk capital would naturally flow to support the commercialization
of worthy products is false. Risk capital by its very nature needs to realize a rapid return, but
given the established global plastic market the time required to bring a replacement to
profitability is unacceptably long.
The GAC suggests that some means of assessing the societal cost of disposal and environmental
degradation to the raw material or manufactured product could serve the dual function of
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accelerating innovation and generating revenue to fund innovation, education, waste
management, and clean up. To be effective this must be done at the international level.
Government Actions
Government is the key player in defining the scope of the problem through measurement and
research and identifying the tools and techniques most likely to succeed. A good example is the
NOAA Marine Debris Program which focuses on prevention, removal, research, regional
coordination and emergency response. An example of a local program sponsored by NOAA is
The Great Lakes Land-based Marine Debris Action Plan. The Action Plan is a road map for
strategic progress in making the Great Lakes, its coasts, people, and wildlife free from the
impacts of marine debris. The plan consists of 53 actions which are to be completed between
2014 and 2019, and include researching existing policies and studies, social science research,
promoting communication among experts and advocates, and inventorying educational
resources, awareness campaigns, and social marketing campaigns.
Complicating the challenge of effectively communicating the nature of the problem to the public
is the misapplication of the term "biodegradable" to materials that physically degrade but do not
chemically degrade. The CEC could take the lead in assembling representatives from the three
nations and stakeholders including industry representatives to develop a consistent definition of
"biodegradable" that is closer to the meaning that the public ascribes as inert or beneficial to the
environment and living things.
The incentive to create the Montgomery County, MD program came from the previously
unprecedented step by EPA to issue a trash Total Maximum Daily Load (TMDL) for the
Anacostia River under the U.S. Clean Water Act. The TMDL was essentially an order to the
jurisdictions through which the river flowed to reduce the amount of trash in the river by a
specific amount and sustain that level by reducing future trash deposits. Under the Clean Water
Act there may be an opportunity to incorporate litter prevention and control through the
Municipal Separate Storm Sewer System (MS4). According to EPA, there are 7,550 MS4
communities within which more than 80 percent of the US population lives. If the MS4 rules
required best management practices to reduce or prevent trash from entering the waterways, local
jurisdictions would have to assess the sources of water borne trash and implement best
management practices and other measures as the Metropolitan Washington Council of
Governments has done in response to the trash TMDL.
Another opportunity within current environmental laws could be to amend the Resource
Conservation and Recovery Act to focus more effectively on the feedback loop between industry
and consumer demand through consumer education and incentives.
The Clean Water Act and RCRA may be useful tools in this country, but Mexico and Canada
have different regulatory architectures to address water pollution and waste management. The
CEC could play a role in reviewing the national and subnational opportunities to use existing
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pollution prevention laws in each nation to implement an effective continental trash management
regulatory system.
One of the largest unknowns associated with microplastics is the long-term impact on public
health. Working with the public health agencies in all three nations, the CEC could evaluate the
current research, identify gaps, and promote coordination and partnerships to fill those gaps.
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In summary, the GAC recommends EPA seek agreement with the other parties for the CEC to
undertake the following:
•	Research the pace, effectiveness and replicability of volunteer-based clean up and
awareness campaigns. Identify exemplary programs and promote their replication.
•	Research the economics of plastic and other single use products to determine their
true life-cycle costs. Use that information to explore economic models designed to
collect end-of-life costs at the time of purchase and use those revenues to support
proper disposal, reuse, cleanup and the development of more environmentally
friendly materials.
•	Review the national and subnational opportunities in Canada, Mexico and the U.S.
to use existing pollution prevention laws in each nation to implement an effective
trash management regulatory system.
•	Examine the current data and methods of measurement used in the U.S., Mexico
and Canada and propose a standardized system common to all three nations.
Evaluate gaps in the available data and propose means of filling them.
•	Create an inventory of provincial, state and urban area waste management
capabilities to help focus regional and national resources to those areas that have
the greatest need and represent the greatest risk to the environment.
•	Evaluate the current research on the health impacts of microplastics, identify gaps,
and promote coordination and partnerships to fill those gaps.
•	Assemble representatives from the three nations and stakeholders including
industry representatives to develop a consistent definition of "biodegradable" that is
closer to the meaning that the public ascribes.
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