Litter cleanup in Richmond, Va. on Clean the Bay Day. Image credit: Kenny Fletcher

Background on Plastic Waste

Plastic litter has wide-ranging destructive impacts on human health, wildlife, water infrastructure, and agricultural land. The General Assembly took a notable first step in 2020 to reduce the overwhelming production of plastic waste. However, two major sources of plastic pollution still need to be addressed in Virginia: balloons and Expanded Polystyrene (EPS) food containers, also known as styrofoam.

Plastic litter is harming Virginia’s agricultural land. Microplastics remain in the soil for decades, harming natural flora, lowering crop yields, and degrading soil quality. Meanwhile, toxic chemicals from ingested plastic damage the health of livestock and even spread to humans through the consumption of dairy and meat products.

Wildlife – including turtles, birds, fish, mammals, and important filtering bivalves like oysters and mussels – often mistake plastic items for food. This is particularly prevalent in the use of plastic balloons – one of the most harmful and deadly litter items to wildlife.

EPS foam containers for takeout food and beverages are another major source of plastic pollution in Virginia which harms human health. Styrofoam is a known hazardous substance linked to various types of cancers. Toxic chemicals from styrofoam containers can leach into food and drinks and then be ingested, especially when the food or beverage is served hot. People who work in areas with high concentrations of styrene have increased rates of cancer, neurological issues, and depression. For low-income communities and communities of color, this concern is especially acute. Often suffering from insufficient access to grocery stores with affordable and nutritious food, these communities are forced to rely on fast food options, which are often stored in EPS containers.

The plastic industry has argued that recycling is the solution to their harmful products, but the New York City Department of Sanitation recently determined that styrofoam food containers cannot be recycled in a manner that is economically feasible or environmentally effective. Global plastic production is projected to quadruple between 2014 and 2050. We cannot recycle our way out of this problem; we must find solutions to reduce plastic at the source.

On the other hand, litter cleanup is costly. The Virginia Department of Transportation spends $6.5 million a year picking up litter on roadways.

Eliminating the production and consumption of single-use plastic products is an effective way to reduce plastic pollution. After the California cities of Santa Cruz and Pacific Grove banned EPS foam food containers, styrofoam litter on local beaches decreased by as much as 71 percent.

Virginians’ health, communities, and natural areas are under siege from plastics. Plastics are now found in our air, water, and soil. Recycling has been overwhelmingly shown to not be a feasible solution. Our elected officials need to enact efficient waste reduction policies and reduce waste generation to protect Virginia from the scourge of plastic litter.

HB 2159: BALLOON BILL

The Balloon Bill (HB2159) prohibits the intentional release of balloons, which is littering. Currently, it is legal to intentionally release 49 balloons per hour in Virginia.

The Balloon Bill is not about banning balloons or the sale of balloons. Balloons can be enjoyed responsibly. Even The Balloon Council trade association, through its Smart Balloon Practices program, advocates that balloons should not be intentionally released.

This bunch of balloons was found 3 miles
east of Virginia Beach during a humpback
whale survey.

HB 1902: REMOVE EXPANDED POLYSTYRENE (EPS) PRODUCTS FROM VIRGINIA’S WASTE STREAM

HB1902 prohibits food vendors from using single-use expanded polystyrene, or styrofoam, as food service containers. To allow plenty of time for adjustment, certain chain restaurants have until July 1, 2023 to stop EPS use, and all other food vendors have until July 1, 2025.

Vendors such as correctional facilities and public schools are not included in the definition of “food vendor.” This bill also provides a process to receive one-year exemptions to food vendors facing economic hardship.

Reasons to Reduce Plastic Waste

5 deadliest ocean trashHB 2159: Balloon Bill

  • Balloons are in the top five most common items found on Virginia’s beaches.
  • More than 11,000 pieces of balloon litter were found over 110 linear miles of remote Virginia beaches through a series of 46 surveys.
  • Balloon litter injures and kills wildlife – more than 30 animal species are known to be impacted by balloons, including endangered sea turtles and marine mammals.
  • Balloons can travel hundreds of miles, which can impact even remote areas. Balloons on Virginia beaches have been tracked to states as far away as North Carolina, Maryland, New York, West Virginia, and Kansas.
  • Even latex or ”biodegradable” balloons can persist for years, fouling habitats and threatening wildlife.
  • Even The Balloon Council trade association advocates that balloons should not be intentionally released.
  • In Virginia, it is currently legal to release up to 49 balloons of any type within a one-hour period – in essence, it is legal to litter.
More than 270 experts in marine debris were asked to rank the severity of impacts of marine debris on seabirds, sea turtles, and marine mammals. As seen in this summary, balloons were ranked in the number three spot. Chart by Ocean Conservancy.

HB 1902: Remove expanded polystyrene (EPS) products from Virginia’s waste stream

  • Expanded polystyrene, or “styrofoam,” makes up to 40 percent of litter found in streams, though polystyrene only accounts for 1 percent of all waste.
  • Recycling polystyrene is more expensive than using new polystyrene, so only 0.4 percent was recycled in 2017.
  • Polystyrene can contaminate valuable recycling streams.
  • Polystyrene breaks apart easily into tiny particles called microplastics and persists in the environment forever.
  • Over the past five years, food and beverage-related items account for more than 50 percent of all litter recorded. Plastic makes up 83 percent of all trash.
  • Polystyrene is a hazard to human health and is linked to various types of cancer.
  • Polystyrene food containers can be replaced at a minimal increase to cost – on average, plastic-free alternatives are only $0.01 more expensive.
  • This bill gives businesses five years to find market-based solutions to replace EPS packaging.

Thanks for  your Support!

HB2159 passed the General Assembly on Feb 22nd and is on its way to the Governor’s desk!

HB1902 passed the General Assembly on Feb 25th and is also on its way to the Governor’s desk!

Support for these bills are led by the Virginia Aquarium & Marine Science Center Foundation and Environment Virginia. Thank you for your advocacy!