E&E News: Democrats introduce bill to ban plastic foam

Democrats in both chambers are looking to ban the most common uses of plastic foam.

Sen. Chris Van Hollen (D-Md.) and Rep. Lloyd Doggett (D-Texas) on Thursday introduced the "Farewell to Foam Act" to phase out single-use food service products, "loose fill" packing peanuts and nonmedical disposable coolers made from expanded polystyrene, which includes Styrofoam and other types of plastic foams, beginning January 2026.

It would allow EPA to impose penalties — up to $1,000 on the third offense — on the grocery stores, restaurants, cafeterias and other establishments covered by the bill.

Critics have blasted plastic foam as one of the most problematic types of plastic. The material is difficult to recycle and is so seldomly recycled that EPA considered the number negligible in 2018.

The small beads that are molded together have a high probability of breaking off and becoming microplastics, plastic fragments less than 5 millimeters long that persist in the environment and human bodies for long periods of time.

And polystyrene products are made using the chemical styrene, which has been linked to certain blood cancers, genetic damage and other adverse health effects.

At least a dozen states have passed legislation that targets plastic foam use.

Sen. Jeff Merkley (D-Ore.) and Rep. Jared Huffman (D-Calif.) earlier this year reintroduced their ambitious plan to address plastic pollution — the "Break Free From Plastic Pollution Act," H.R. 6053 and S. 3127 — but it does not cover foam coolers or packing peanuts.

More than 60 environmental groups endorsed the bill, and eight senators joined as co-sponsors.

The bill is likely to face opposition from Republicans and industry groups, which have defended plastic foams as a more energy-efficient material compared to alternatives.