[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5163 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5163
To require the Administrator of the Environmental Protection Agency to
carry out certain activities to protect communities from the harmful
effects of plastics, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 1, 2022
Mr. Booker (for himself, Mr. Merkley, and Mr. Van Hollen) introduced
the following bill; which was read twice and referred to the Committee
on Environment and Public Works
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
carry out certain activities to protect communities from the harmful
effects of plastics, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Communities from Plastics
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) plastics production is exacerbating the climate crisis
and driving environmental injustice in vulnerable communities
located near petrochemical facilities;
(2) plastics production is on track to double in the decade
following the date of enactment of this Act, locking in harmful
emissions for decades;
(3) plastics and other petrochemicals are forecasted to
become the largest driver of oil and hydraulically fractured
gas demand by 2050;
(4) some studies have projected that the plastics industry
will emit more greenhouse gas emissions than coal plants in the
United States by 2030;
(5) petrochemical facilities that produce plastics are more
likely to be located in low-income communities and communities
of color, disproportionately exposing those communities to
harmful pollutants;
(6) plastics production and certain disposal facilities
pollute surrounding communities with chemicals that are known
to cause cancer, birth defects, and other serious illnesses;
(7) transitioning off fossil fuels for power generation and
transportation only to replace that demand with more fossil
fuel-based plastics production is not a viable strategy and
fails to protect communities;
(8) plastics carry impacts throughout their lifecycles,
including the impacts of--
(A) oil and gas extraction;
(B) plastics refining, manufacturing, and certain
methods of disposal; and
(C) plastics pollution that ends up in communities
and in the environment, where the degrading plastics
leach chemical additives and emit greenhouse gases;
(9) addressing the plastics crisis requires a shift away
from single-use plastics in nonessential settings; and
(10) technologies that convert plastics to fuel, use
plastics for energy generation, generate feedstocks for the
chemical industry, or produce hazardous waste and toxic air
pollution are not a sustainable solution to the plastics
crisis.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Plastic.--
(A) In general.--The term ``plastic'' means a
synthetic or semisynthetic material that--
(i) is synthesized by the polymerization of
organic substances; and
(ii) is capable of being shaped into
various rigid and flexible forms.
(B) Inclusions.--The term ``plastic'' includes
coatings and adhesives described in subparagraph (A).
(C) Exclusions.--The term ``plastic'' does not
include--
(i) natural rubber; or
(ii) naturally occurring polymers, such as
proteins or starches.
(3) Reusable; refillable; reuse; refill.--The terms
``reusable'', ``refillable'', ``reuse'', and ``refill'' mean--
(A) with respect to packaging or food service ware
that is reused or refilled by a producer, that the
packaging or food service ware is--
(i) explicitly designed and marketed to be
utilized for not less than the number of cycles
that the Administrator determines to be
appropriate, for the same product, or for
another purposeful packaging use in a supply
chain;
(ii) designed for durability to function
properly in its original condition for multiple
cycles;
(iii) composed of materials that do not
contain--
(I) toxic heavy metals;
(II) pathogens;
(III) additives; or
(IV) chemical substances designated
as high-priority substances under
section 6(b)(1) of the Toxic Substances
Control Act (15 U.S.C. 2605(b)(1)),
including the chemicals or mixtures of
chemicals described in section 4(g)(3);
(iv) supported by adequate infrastructure
to ensure the packaging or food service ware
can be conveniently and safely reused or
refilled for multiple cycles; and
(v) repeatedly recovered, inspected, and
repaired, if necessary, and reissued into the
supply chain for reuse or refill for multiple
cycles; and
(B) with respect to packaging or food service ware
that is reused or refilled by a consumer, that the
packaging or food service ware is--
(i) explicitly designed and marketed to be
utilized for not less than the number of cycles
that the Administrator determines to be
appropriate, for the same product;
(ii) designed for durability to function
properly in its original condition for multiple
cycles;
(iii) composed of materials that do not
contain--
(I) toxic heavy metals;
(II) pathogens;
(III) additives; or
(IV) chemical substances designated
as high-priority substances under
section 6(b)(1) of the Toxic Substances
Control Act (15 U.S.C. 2605(b)(1)),
including the chemicals or mixtures of
chemicals described in section 4(g)(3);
and
(iv) supported by adequate and convenient
availability of, and retail infrastructure for,
bulk or large format packaging that may be
refilled to ensure the packaging or food
service ware can be conveniently and safely
reused or refilled by the consumer for multiple
cycles, as needed.
(4) Single-use plastic.--
(A) In general.--The term ``single-use plastic''
means a plastic product or packaging that--
(i) is routinely disposed of, recycled, or
otherwise discarded after a single use; or
(ii) is not sufficiently durable or
washable to be, or is not intended to be,
reusable or refillable.
(B) Exclusions.--The term ``single-use plastic''
does not include--
(i) medical equipment, medical devices,
consumer personal protective equipment, or
other products determined by the Secretary of
Health and Human Services to necessarily be
made of plastic for the protection of public
health or for people with disabilities;
(ii) packaging that is--
(I) for any product described in
clause (i) that is determined by the
Secretary of Health and Human Services
to necessarily be used for the
protection of public health or for
people with disabilities; or
(II) used for the shipment of
hazardous materials that is prohibited
from being composed of used materials
under section 178.509 or 178.522 of
title 49, Code of Federal Regulations
(as in effect on the date of enactment
of this Act); or
(iii) personal hygiene products that, due
to the intended use of the products, could
become unsafe or unsanitary to recycle, such as
diapers.
SEC. 4. ENVIRONMENTAL JUSTICE PROTECTIONS AT COVERED FACILITIES.
(a) Definitions.--In this section:
(1) Community of color.--The term ``community of color''
means a geographically distinct area in which the percentage of
the population of the community represented by people of color
is higher than the percentage of the population of the State
represented by people of color.
(2) Consultation.--The term ``consultation'' means the
meaningful and timely process of--
(A) seeking, discussing, and carefully considering
the views of fenceline communities in a manner that is
cognizant of the values of all parties; and
(B) when feasible, seeking agreement among the
parties.
(3) Covered facility.--The term ``covered facility''
means--
(A) an industrial facility that transforms
petrochemical gas and liquids into ethylene and
propylene for later conversion into plastic polymers;
(B) an industrial facility that transforms ethylene
and propylene into any other chemical for later
conversion into plastic polymers;
(C) a plastic polymerization or polymer production
facility;
(D) an industrial facility that depolymerizes or
otherwise breaks down plastic polymers into chemical
feedstocks for use in new products or as fuel;
(E) an industrial facility that converts, including
through pyrolysis or gasification, plastic polymers
into chemical feedstocks; and
(F) an industrial facility that generates fuel or
energy from plastic polymers through waste-to-fuel
technology, an incinerator, or other similar
technology, as determined by the Administrator.
(4) Covered product.--The term ``covered product'' means--
(A) ethylene;
(B) propylene; and
(C) raw plastic materials in any form, including
pellets, resin, nurdles, powder, and flakes,
including--
(i) polyethylene terephthalate (commonly
referred to as ``PET'');
(ii) high density polyethylene (commonly
referred to as ``HDPE'');
(iii) low density polyethylene (commonly
referred to as ``LDPE'');
(iv) polypropylene (commonly referred to as
``PP'');
(v) polyvinyl chloride (commonly referred
to as ``PVC'');
(vi) polystyrene (commonly referred to as
``PS''); and
(vii) any other plastic polymer determined
to be appropriate by the Administrator.
(5) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all individuals, regardless of race, color, national origin,
educational level, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that--
(A) communities of color, indigenous communities,
and low-income communities have access to public
information and opportunities for meaningful public
participation with respect to human health and
environmental planning, regulations, and enforcement;
(B) no community of color, indigenous community, or
low-income community is exposed to a disproportionate
burden of the negative human health and environmental
impacts of pollution or other environmental hazards;
and
(C) the 17 principles described in the document
entitled ``The Principles of Environmental Justice'',
written and adopted at the First National People of
Color Environmental Leadership Summit held on October
24 through 27, 1991, in Washington, DC, are upheld.
(6) Fenceline community.--
(A) In general.--The term ``fenceline community''
means a community located near a covered facility that
has experienced systemic socioeconomic disparities or
other forms of injustice.
(B) Inclusions.--The term ``fenceline community''
includes a low-income community, an indigenous
community, and a community of color.
(7) Fenceline monitoring.--The term ``fenceline
monitoring'' means continuous, real-time monitoring of ambient
air quality around the entire perimeter of a facility.
(8) Indigenous community.--The term ``indigenous
community'' means--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community
or organization; and
(D) any other community of indigenous people,
including communities in other countries.
(9) Limited english proficiency individual.--The term
``limited English proficiency individual'' means an individual
that--
(A) does not speak English as their primary
language; or
(B) has a limited ability to read, speak, write, or
understand English.
(10) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(11) Material recovery facility.--The term ``material
recovery facility'' means a solid waste management facility
that processes materials for reuse or recycling.
(12) Meaningful.--The term ``meaningful'', with respect to
involvement by the public in a determination by a Federal
agency, means that--
(A) potentially affected residents of a community
have an appropriate opportunity to participate in
decisions relating to a proposed activity that will
affect the environment or public health of the
community;
(B) the public contribution can influence the
determination by the Federal agency;
(C) the concerns of all participants involved are
taken into consideration in the decision-making
process; and
(D) the Federal agency--
(i) provides to potentially affected
members of the public accurate information,
including identifying limited English
proficiency individuals who need language
assistance, implementing accessible language
assistance measures, and providing notice to
limited English proficiency individuals for
effective engagement in decisions; and
(ii) facilitates the involvement of
potentially affected members of the public.
(13) Temporary pause period.--The term ``temporary pause
period'' means the period--
(A) beginning on the date of enactment of this Act;
and
(B) ending on the date that is the first date on
which--
(i) all regulations and final rules
required under subsections (d), (e), and (f)
are in effect; and
(ii) the amendments made by subsection (i)
are fully implemented.
(b) National Academies Study of Plastics Industry.--
(1) In general.--
(A) Agreement.--The Administrator shall offer to
enter into an agreement with the National Academy of
Sciences and the National Institutes of Health to
conduct a study of--
(i) the existing and planned expansion of
the industry of the producers of covered
products, including the entire supply chain,
the extraction and refining of fossil fuels and
polymer feedstocks, chemical recycling efforts,
end uses, disposal fate, and lifecycle impacts
of covered products;
(ii) the environmental, public health, and
environmental justice and pollution impacts of
covered facilities and the products of covered
facilities;
(iii) the use of toxic additives in the
production of covered products and the
consequences of those additives on public
health;
(iv) the existing standard technologies and
practices of covered facilities with respect to
the discharge and emission of pollutants into
the environment;
(v) the best available technologies and
practices that reduce or eliminate the
environmental justice and pollution impacts of
covered facilities, associated infrastructure
of covered facilities, and the products of
covered facilities; and
(vi) the toxicity of plastic polymers,
additives, and chemicals (including
byproducts), including the impacts of those
polymers, additives, and chemicals on--
(I) public health;
(II) the recyclability of plastic;
and
(III) the ability to use recycled
content.
(B) Failure to enter agreement.--If the
Administrator fails to enter into an agreement
described in subparagraph (A), the Administrator shall
conduct the study described in that subparagraph.
(2) Requirements.--The study under paragraph (1) shall--
(A) consider--
(i) the direct, indirect, and cumulative
environmental impacts of industries, including
plastic production industries, chemical
recycling industries, and the industries of
other covered facilities, to date; and
(ii) the impacts of the planned expansion
of those industries, including local, regional,
national, and international air, water, waste,
climate change, public health, and
environmental justice impacts of those
industries; and
(B) recommend technologies, regulations, standards,
and practices, including recommendations for
technologies, regulations, standards, and practices
that will best carry out the regulatory modifications
required under subsections (d), (e), and (g), to
remediate or eliminate the local, regional, national,
and international air, water, waste, climate change,
public health, and environmental justice impacts of the
industries described in subparagraph (A)(i).
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report describing the results of the study under
paragraph (1).
(4) Authorization of appropriations.--There are authorized
to be appropriated to the National Academy of Sciences and the
National Institutes of Health such sums as are necessary to
carry out this subsection.
(c) Permitting Moratorium for Covered Facilities.--
(1) In general.--Subject to paragraph (2), during the
temporary pause period, notwithstanding any other provision of
law--
(A) the Administrator shall not issue a new permit
for a covered facility under--
(i) the Clean Air Act (42 U.S.C. 7401 et
seq.); or
(ii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(B) the Secretary of the Army, acting through the
Chief of Engineers, shall not issue a new permit for a
covered facility under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) the Administrator shall object in writing under
subsections (b) and (c) of section 505 of the Clean Air
Act (42 U.S.C. 7661d) or section 402(d)(2) of the
Federal Water Pollution Control Act (33 U.S.C.
1342(d)(2)), as applicable, to any new permit issued to
a covered facility by a State agency delegated
authority under the Clean Air Act (42 U.S.C. 7401 et
seq.) or the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); and
(D) the export of covered products is prohibited.
(2) Exception.--Paragraph (1) does not apply to a permit
described in that paragraph for a facility that is--
(A) a material recovery facility;
(B) a mechanical recycling facility; or
(C) a compost facility.
(d) Clean Air Requirements for Covered Facilities.--
(1) Timely revision of emissions standards.--Section
111(b)(1)(B) of the Clean Air Act (42 U.S.C. 7411(b)(1)(B)) is
amended by striking the fifth sentence.
(2) New source performance standards for certain
facilities.--Not later than 3 years after the date of enactment
of this Act, the Administrator shall promulgate a final rule--
(A) designating petrochemical feedstock and polymer
production facilities as a category of stationary
source under section 111(b)(1)(A) of the Clean Air Act
(42 U.S.C. 7411(b)(1)(A)); and
(B) establishing new source performance standards
for the category of stationary source designated under
subparagraph (A) under section 111(f)(1) of the Clean
Air Act (42 U.S.C. 7411(f)(1)).
(3) Storage vessels for covered products.--Not later than 3
years after the date of enactment of this Act, the
Administrator shall promulgate a final rule modifying section
60.112b(a) of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this Act), to ensure that an
owner or operator of a storage vessel containing liquid with a
vapor pressure of equal to or more than 5 millimeters of
mercury under actual storage conditions that is regulated under
that section uses--
(A) an internal floating roof tank connected to a
volatile organic compound control device; or
(B) a fixed-roof tank connected to a volatile
organic compound control device.
(4) Flaring.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall promulgate a
final rule--
(A) modifying title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act), to
ensure that flaring, either at ground-level or
elevated, shall only be permitted when necessary solely
for safety reasons; and
(B) modifying sections 60.112b(a)(3)(ii),
60.115b(d)(1), 60.482-10a(d), 60.662(b), 60.702(b), and
60.562-1(a)(1)(i)(C) of title 40, Code of Federal
Regulations (as in effect on the date of enactment of
this Act), to ensure that--
(i) references to flare standards under
those sections refer to the flare standards
established under subparagraph (A); and
(ii) the flare standards under those
sections are, without exception, continuously
applied.
(5) SOCMI equipment leaks.--Not later than 3 years after
the date of enactment of this Act, the Administrator shall
promulgate a final rule--
(A) modifying section 60.482-1a of title 40, Code
of Federal Regulations (as in effect on the date of
enactment of this Act), to ensure that owners and
operators use process units and components with a leak-
less or seal-less design;
(B) modifying section 60.482-1a(f) of title 40,
Code of Federal Regulations (as in effect on the date
of enactment of this Act), to ensure that owners and
operators use optical gas imaging monitoring pursuant
to section 60.5397a of title 40, Code of Federal
Regulations (as in effect on the date of enactment of
this Act), on a quarterly basis, unless the owner or
operator receives approval from the Administrator in
writing to use Method 21 of the Environmental
Protection Agency (as described in appendix A-7 of part
60 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this Act)) with a
repair threshold of 500 parts per million;
(C) modifying 60.482-6a of title 40, Code of
Federal Regulations (as in effect on the date of
enactment of this Act), to ensure that the use of open-
ended valves or lines is prohibited except if a showing
is made that the use of an open-ended valve or line is
necessary for safety reasons; and
(D) modifying subpart VVa of part 60 of title 40,
Code of Federal Regulations (as in effect on the date
of enactment of this Act) to ensure that--
(i) the term ``no detectable emissions'' is
defined to mean an instrument reading of less
than 50 parts per million above background
concentrations; and
(ii) the term ``leak'' is defined to mean
an instrument reading of greater than or equal
to 50 parts per million above background
concentrations.
(6) Natural-gas fired steam boilers.--Not later than 3
years after the date of enactment of this Act, the
Administrator shall promulgate a final rule revising subpart Db
of part 60 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this Act), to ensure that
boilers or heaters located at an affected covered facility
regulated under that subpart may only burn gaseous fuels, not
solid fuels or liquid fuels.
(7) National emission standards for hazardous air
pollutants implementation improvements.--
(A) Equipment leaks of benzene.--Not later than 3
years after the date of enactment of this Act, the
Administrator shall promulgate a final rule modifying
section 61.112 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act)
that strikes subsection (c).
(B) Benzene waste operations.--Not later than 3
years after the date of enactment of this Act, the
Administrator shall promulgate a final rule modifying
subpart FF of part 61 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of
this Act), to ensure that--
(i) the term ``no detectable emissions'' is
defined to mean an instrument reading of less
than 50 parts per million above background
concentrations; and
(ii) the term ``leak'' is defined to mean
an instrument reading of greater than or equal
to 50 parts per million above background
concentrations.
(C) Maximum achievable control technology standards
for covered facilities.--Not later than 3 years after
the date of enactment of this Act, the Administrator
shall--
(i) promulgate a final rule modifying
subpart YY of part 63 of title 40, Code of
Federal Regulations (as in effect on the date
of enactment of this Act), to ensure that--
(I) the generic maximum achievable
control technology standards described
in that subpart--
(aa) require no detectable
emissions of hazardous air
pollutants, unless the
Administrator--
(AA) determines
that the maximum degree
of reduction in
emissions of hazardous
air pollutants
achievable pursuant to
section 112(d)(2) of
the Clean Air Act (42
U.S.C. 7412(d)(2))
justifies higher
limits; and
(BB) publishes the
determination under
subitem (AA) and the
proposed higher limits
in a rulemaking;
(bb) ensure an ample margin
of safety to protect public
health and prevent an adverse
environmental effect; and
(cc) prevent adverse
cumulative effects to fetal
health, the health of children,
and the health of vulnerable
subpopulations; and
(II) the term ``no detectable
emissions'', as required under
subclause (I)(aa), is defined to mean
an instrument reading of less than 50
parts per million above background
concentrations; and
(ii) in promulgating the final rule
required in clause (i)(I), consider--
(I) the effects and risks of
exposure from cumulative sources of
hazardous air pollutants under the
subpart modified under that clause; and
(II) the best available science,
including science provided by the
National Academies of Science.
(8) Monitoring.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall promulgate a
final rule revising subparts DDD, NNN, RRR, and other relevant
subparts of part 60 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act)--
(A) to require continuous emissions monitoring of
benzene, nitrogen oxides, sulfur dioxide, carbon
monoxide, and filterable particulate matter for all
combustion devices except for non-enclosed flares,
including during startups, shutdowns, and malfunctions
of the facilities regulated by those subparts;
(B) to require--
(i) accurate and continuous recordkeeping
when continuous emissions monitoring is
required under subparagraph (A); and
(ii) the records required under clause (i)
to be made available to the public in real
time;
(C) to require continuous fenceline monitoring of
emissions from combustion devices under section 63.658
of title 40, Code of Federal Regulations (as in effect
on the date of enactment of this Act), for nitrogen
oxides, sulfur dioxide, carbon monoxide, filterable and
condensable particulate matter, and all other relevant
hazardous air pollutants; and
(D) to ensure that the continuous monitoring of
combustion devices required under subparagraphs (A) and
(C) are used to determine the compliance of facilities
regulated by those subparts with the Clean Air Act (42
U.S.C. 7401 et seq.).
(e) Clean Water Requirements for Covered Facilities.--
(1) BAT and nsps standards for plastic polymer
production.--Not later than 3 years after the date of enactment
of this Act, the Administrator shall promulgate a final rule--
(A) that ensures that the best available technology
limitations described in part 414 of title 40, Code of
Federal Regulations (as modified under subparagraph
(B)) applies to covered facilities that produce fewer
than 5,000,001 pounds of covered products per year;
(B) modifying part 414 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of
this Act), to ensure that the best available technology
and new source performance standard requirements under
that part reflect updated best available technology and
best available demonstrated control technology for all
pollutants discharged by covered facilities that
produce covered products, including pollutants of
concern that are not regulated on the date of enactment
of this Act; and
(C) modifying sections 414.91(b), 414.101(b), and
414.111(b) of title 40, Code of Federal Regulations (as
in effect on the date of enactment of this Act) to
ensure that--
(i) for new source performance standards
for applicable covered facilities producing
covered products, the maximum effluent limit
for any 1 day and for any monthly average for
the priority pollutants described in appendix A
to part 423 of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act), is 0 milligrams per
liter unless the Administrator--
(I) determines that higher limits
are justified using best available
demonstrated control technology; and
(II) publishes the determination
under subclause (I) and the proposed
higher limits in a rulemaking; and
(ii) for best available technology and new
source performance standards, the maximum
effluent limit for any 1 day and for any
monthly average for total plastic pellets and
other plastic material is 0 milligrams per
liter.
(2) Revised effluent limitations guidelines for
petrochemical feedstock and polymer production.--
(A) BAT and nsps standards.--Not later than 3 years
after the date of enactment of this Act, the
Administrator shall promulgate a final rule--
(i) modifying sections 419.23, 419.26,
419.33, and 419.36 of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act), to ensure that the best
available technology and new source performance
standards reflect updated best available
technology and best available demonstrated
control technology for all pollutants
discharged by covered facilities producing
petrochemical feedstocks and polymers; and
(ii) modifying sections 419.26(a) and
419.36(a) of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act), to ensure that the new
source performance standards for any 1 day and
for average of daily values for 30 consecutive
days for the priority pollutants described in
appendix A to part 423 of title 40, Code of
Federal Regulations (as in effect on the date
of enactment of this Act), is 0 milligrams per
liter unless the Administrator--
(I) determines that higher limits
are necessary based on the best
available demonstrated control
technology; and
(II) the Administrator publishes
the determination under subclause (I)
and the proposed higher limits in a
rulemaking.
(B) Runoff limitations for ethylene and propylene
production.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall
promulgate a final rule modifying sections 419.26(e)
and 419.36(e) of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act), to
ensure that runoff limitations that reflect best
available demonstrated control technology are included.
(f) Environmental Justice Requirements for Covered Facilities.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall promulgate a
final rule to ensure that--
(A) any proposed permit to be issued by the
Administrator or by a State agency delegated authority
under the Clean Air Act (42 U.S.C. 7401 et seq.) or the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) with respect to a covered facility is accompanied
by an environmental justice assessment that--
(i) assesses the direct, indirect, and
cumulative economic, environmental, and public
health impacts of the proposed permit on
fenceline communities; and
(ii) proposes changes or alterations to the
proposed permit that would, to the maximum
extent practicable, eliminate or mitigate the
impacts described in clause (i);
(B) each proposed permit and environmental justice
assessment described in subparagraph (A) is delivered
to applicable fenceline communities at the beginning of
the public comment period for the proposed permit for
purposes of notification and consultation, which shall
include--
(i) prompt notification--
(I) through direct means, including
in non-English languages for limited
English proficiency individuals;
(II) through publications likely to
be obtained by residents of the
fenceline community, including non-
English language publications; and
(III) in the form of a public
hearing in the fenceline community--
(aa) for which public
notice is provided--
(AA) not less than
60 days before the date
on which the public
hearing is to be held;
and
(BB) using the
means described in
subclauses (I) and
(II);
(bb) for which translation
services are provided; and
(cc) that is accessible
through live-streaming or
alternative video streaming
services for which translation
services are provided; and
(ii) after the prompt notification required
under clause (i), consultation that--
(I) facilitates effective
collaboration and informed policymaking
that further recognizes the importance
of regular communication and
collaboration with fenceline
communities, regardless of whether
specific regulatory or policy changes
are being considered;
(II) seeks information and input
from fenceline communities by
soliciting the collaboration,
cooperation, and participation of those
fenceline communities;
(III) includes an in-person meeting
or a telephone conference that--
(aa) is in a location, if
applicable, that is selected by
those engaged in the
consultation to be mutually
accessible to representatives
of fenceline communities and
applicable State or Federal
government participants; and
(bb) removes institutional
and procedural impediments that
adversely affect working
directly with fenceline
communities;
(IV) ensures that any health or
environmental concerns raised by
fenceline communities with be properly
invested and considered in decisions to
grant or deny the proposed permit; and
(V) explains to the representatives
of the fenceline community the range of
resulting actions that the
Administrator or State agency may take;
and
(C) the Administrator or a State agency delegated
authority under the Clean Air Act (42 U.S.C. 7401 et
seq.) or the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), as applicable, shall not approve
a proposed permit described in subparagraph (A)
unless--
(i) changes or alterations have been
incorporated into the revised proposed permit
that, to the maximum extent practicable,
eliminate or mitigate the environmental justice
impacts described in subparagraph (A)(i);
(ii) the changes or alterations described
in clause (i) have been developed with
meaningful input from residents or
representatives of the fenceline community in
which the covered facility to which the
proposed permit would apply is located or seeks
to locate; and
(iii) the permit includes a community
benefit agreement that--
(I) has been entered into after the
prompt notification and consultation
required under clauses (i) and (ii),
respectively, of subparagraph (B); and
(II) stipulates the benefits the
covered facility agrees to fund or
furnish in exchange for community
support for the covered facility, which
may include--
(aa) commitments to hire
directly from a community;
(bb) contributions to
economic and health trust
funds;
(cc) local workforce
training guarantees;
(dd) increased pollution
control technologies;
(ee) operation
restrictions;
(ff) financial assurances;
and
(gg) siting restrictions;
(D) the Administrator or a State agency delegated
authority under the Clean Air Act (42 U.S.C. 7401 et
seq.) or the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), as applicable, shall not approve
a proposed permit described in subparagraph (A) during
the 45-day period beginning on the date on which a
public hearing described in subparagraph (B)(i)(III) is
held for the proposed permit; and
(E) the approval of a proposed permit described in
subparagraph (A) is conditioned on the covered facility
providing comprehensive third-party fenceline
monitoring and response strategies that fully protect
public health and safety and the environment in
fenceline communities, for which the affected fenceline
communities have the opportunity to provide meaningful
input.
(2) Requirements.--
(A) Required input.--The Administrator shall
develop the final rule required under paragraph (1)
with meaningful input from--
(i) residents of fenceline communities; and
(ii) representatives of fenceline
communities.
(B) Community consultation requirement.--In
carrying out the consultation required under paragraph
(1)(B)(ii), the Administrator and each State agency
delegated authority under the Clean Air Act (42 U.S.C.
7401 et seq.) or the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) shall establish a
dedicated position that--
(i) supports fenceline communities in
understanding the technical nuances of the
permit and regulatory process; and
(ii) accounts for limited English
proficiency individuals.
(3) Report to congress on state permitting programs.--Not
later than 2 years after the date on which the final rule
required under paragraph (1) is published in the Federal
Register, and every 5 years thereafter, the Administrator shall
submit to Congress a report evaluating how States are
implementing required environmental justice considerations
pursuant to that final rule into their permitting programs
under the Clean Air Act (42 U.S.C. 7401 et seq.) and the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(g) Toxic Substances.--
(1) Inventory and reporting.--Section 8(b) of the Toxic
Substances Control Act (15 U.S.C. 2607(b)) is amended by adding
at the end the following:
``(11) Plastics.--
``(A) Definitions.--In this paragraph:
``(i) Covered facility; covered product.--
The terms `covered facility' and `covered
product' have the meanings given those terms in
section 4(a) of the Protecting Communities from
Plastics Act.
``(ii) Plastic; single-use plastic.--The
terms `plastic' and `single-use plastic' have
the meanings given those terms in section 3 of
the Protecting Communities from Plastics Act.
``(B) Publication.--Not later than April 1, 2025,
and every 3 years thereafter, the Administrator shall
publish in the Federal Register an inventory of plastic
manufacturing, distribution in commerce, and trade in
the United States.
``(C) Process.--In carrying out the inventory under
subparagraph (B), the Administrator shall--
``(i) identify--
``(I) each covered facility; and
``(II) any other manufacturer of
plastic products;
``(ii) identify--
``(I) the polymers associated with
plastic production;
``(II) the types or uses of plastic
products manufactured; and
``(III) the associated quantities
of polymer and product manufacture and
uses;
``(iii) quantify the single-use plastics
manufactured--
``(I) in the aggregate; and
``(II) by use category;
``(iv) quantify the percentage of post-
consumer recycled content of the feedstocks for
the manufacture of the types of plastic
products identified under clause (ii)(II);
``(v) provide information and quantified
estimates on the fate of the plastic products
at the end of their useful life;
``(vi) identify the chemicals used in
polymer or plastic production that may pose a
potential risk to human health and the
environment, taking into account the data
reported under subparagraph (D)(i), which shall
include, at a minimum, the information
described in subparagraphs (A) through (G) of
subsection (a)(2);
``(vii) specify any chemicals identified
under clause (vi)--
``(I) that are undergoing
regulatory action under section 6; or
``(II) for which regulatory action
under section 6 is anticipated during
the next 3 years;
``(viii) for each chemical identified under
clause (vi) that is not specified under clause
(vii), provide a timetable for regulatory
action under section 6 and any other
recommended actions, including proposed
revisions of Federal law or regulations, to
achieve further reductions in plastic
manufacture or distribution in commerce; and
``(ix) propose revisions to Federal law or
regulations to achieve further reductions in
plastic manufacture or distribution in
commerce.
``(D) Reporting.--
``(i) In general.--To assist in the
preparation of the inventory under subparagraph
(B), notwithstanding section 3(2)(B), any
person who manufactures a covered product used
in plastic production, and any person who
manufactures a plastic product, shall submit to
the Administrator periodic reports at such time
and including such information as the
Administrator shall determine by rule.
``(ii) Promulgation of rule.--Not later
than July 1, 2024, the Administrator shall
promulgate the rule described in clause (i).
``(iii) Previously submitted information.--
To avoid duplication, information previously
submitted to the Administrator under this
section may be considered partially compliant
with the reporting requirements of this
subparagraph if the information previously
submitted is an accurate reflection of the
current information.
``(iv) Public availability.--The
Administrator shall make available to the
public in an accessible database the reports
submitted under clause (i), consistent with
section 14.''.
(2) Cumulative health risks posed by covered facilities.--
(A) Definitions.--In this paragraph:
(i) Chemical substance; mixture.--The terms
``chemical substance'' and ``mixture'' have the
meanings given the terms in section 3 of the
Toxic Substances Control Act (15 U.S.C. 2602).
(ii) Covered facility.--The term ``covered
facility'' means a covered facility identified
in the inventory.
(iii) Inventory.--The term ``inventory''
means the inventory published under paragraph
(11) of section 8(b) of the Toxic Substances
Control Act (15 U.S.C. 2607(b)).
(B) Assessment.--Not later than April 1, 2027,
taking into account the inventory, the Administrator
shall conduct a single assessment of the aggregate,
cumulative public health impacts on fenceline
communities at covered facilities.
(C) Requirements.--The assessment under
subparagraph (B) shall--
(i) ascertain the potentially exposed or
susceptible subpopulations;
(ii) estimate the magnitude of the
potential health impacts on--
(I) fenceline communities
generally; and
(II) more exposed or susceptible
subpopulations specifically;
(iii) determine which chemical substances
or mixtures may be causing or contributing to
potential adverse public health impacts;
(iv) include an assessment of--
(I) the cumulative exposures
associated with covered facilities from
all chemicals used to make plastic
polymers;
(II) the chemical substances
(including plastic polymers, additives,
and byproducts) produced from--
(aa) the use of the plastic
polymers as feedstocks for
other chemicals; and
(bb) waste-to-fuel
technology; and
(III) the impact of chemical
substances (including plastic polymers,
additives, and byproducts) on--
(aa) the recyclability of
plastics;
(bb) the use of recycled
content in food contact
products and packaging; and
(cc) public health; and
(v) focus on--
(I) communities located near
covered facilities;
(II) workers at covered facilities;
and
(III) other potentially exposed or
susceptible subpopulations.
(D) Procedural requirements.--The assessment under
subparagraph (B) shall be subject to--
(i) public notice and an opportunity for
public comment; and
(ii) peer review by the Science Advisory
Committee on Chemicals established under
section 26(o) of the Toxic Substances Control
Act (15 U.S.C. 2625(o)).
(3) High-priority substances.--
(A) Styrene and vinyl chloride.--Not later than 2
years after the date of enactment of this Act, the
Administrator shall, after public notice and an
opportunity for public comment, make a final
prioritization determination under section 6(b)(1) of
the Toxic Substances Control Act (15 U.S.C. 2605(b)(1))
relating to--
(i) styrene (including polystyrene); and
(ii) vinyl chloride (including polyvinyl
chloride).
(B) Other chemicals or mixtures.--With respect to
any chemical substances or mixtures (as those terms are
defined in section 3 of the Toxic Substances Control
Act (15 U.S.C. 2602)) not described in subparagraph (A)
and identified in the assessment under paragraph (2) as
causing or contributing to potential adverse public
health impacts, the Administrator shall--
(i) include those chemical substances or
mixtures in any subsequently published
inventory; and
(ii) specify applicable timetables for
action as part of the inventory in accordance
with clause (vii) or (viii) of paragraph (11)
of section 8(b) of the Toxic Substances Control
Act (15 U.S.C. 2607(b)).
(4) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to the Administrator such sums as are
necessary to carry out this subsection and the
amendments made by this subsection.
(B) Maintenance of funding.--The funding provided
under this paragraph shall supplement (and not
supplant) other Federal funding to carry out the Toxic
Substances Control Act (15 U.S.C. 2601 et seq.).
(h) Hazardous Waste.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall initiate a rulemaking to
list discarded polyvinyl chloride as a hazardous waste under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
(i) Cumulative Impact Requirements for Covered Facilities.--
(1) Federal water pollution control act.--Section 402 of
the Federal Water Pollution Control Act (33 U.S.C. 1342) is
amended--
(A) by striking the section designation and heading
and all that follows through ``Except as'' in
subsection (a)(1) and inserting the following:
``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
``(a) Permits Issued by Administrator.--
``(1) In general.--Except as'';
(B) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``upon condition
that such discharge will meet either
(A) all'' and inserting the following:
``subject to the conditions that--
``(A) the discharge will achieve compliance with--
``(i) all'';
(II) by striking ``403 of this Act,
or (B) prior'' and inserting the
following: ``403; or
``(ii) prior''; and
(III) by striking ``this Act.'' and
inserting the following: ``this Act;
and
``(B) as applicable, with respect to the issuance
or renewal of the permit to a covered facility (as
defined in section 4(a) of the Protecting Communities
from Plastics Act)--
``(i) based on an analysis by the
Administrator of existing water quality and the
potential cumulative impacts (as defined in
section 501 of the Clean Air Act (42 U.S.C.
7661)) of the discharge from the covered
facility (as so defined), considered in
conjunction with the designated and actual uses
of the impacted navigable water, there exists a
reasonable certainty of no harm to the health
of the general population, or to any
potentially exposed or susceptible
subpopulation; or
``(ii) if the Administrator determines
that, due to those potential cumulative
impacts, there does not exist a reasonable
certainty of no harm to the health of the
general population, or to any potentially
exposed or susceptible subpopulation, the
permit or renewal includes such terms and
conditions as the Administrator determines to
be necessary to ensure a reasonable certainty
of no harm.''; and
(ii) in paragraph (2), by striking ``assure
compliance with the requirements of paragraph
(1) of this subsection, including conditions on
data and information collection, reporting, and
such other requirements as he deems
appropriate.'' and inserting the following:
``ensure compliance with the requirements of
paragraph (1), including--
``(A) conditions relating to--
``(i) data and information collection;
``(ii) reporting; and
``(iii) such other requirements as the
Administrator determines to be appropriate; and
``(B) with respect to covered facilities (as
defined in section 4(a) of the Protecting Communities
from Plastics Act) additional controls or pollution
prevention requirements.''; and
(C) in subsection (b)--
(i) in each of paragraphs (1)(D), (2)(B),
and (3) through (7), by striking the semicolon
at the end and inserting a period;
(ii) in paragraph (8), by striking ``;
and'' at the end and inserting a period; and
(iii) by adding at the end the following:
``(10) To ensure that no permit will be issued to or
renewed for a covered facility (as defined in section 4(a) of
the Protecting Communities from Plastics Act) if, with respect
to an application for the permit, the State determines, based
on an analysis by the State of existing water quality and the
potential cumulative impacts (as defined in section 501 of the
Clean Air Act (42 U.S.C. 7661)) of the discharge from the
covered facility (as so defined), considered in conjunction
with the designated and actual uses of the impacted navigable
water, that the terms and conditions of the permit or renewal
would not be sufficient to ensure a reasonable certainty of no
harm to the health of the general population, or to any
potentially exposed or susceptible subpopulation.''.
(2) Clean air act.--
(A) Definitions.--Section 501 of the Clean Air Act
(42 U.S.C. 7661) is amended--
(i) in the matter preceding paragraph (1),
by striking ``As used in this title--'' and
inserting ``In this title:'';
(ii) by redesignating paragraphs (2), (3),
and (4) as paragraphs (3), (5), and (4),
respectively, and moving the paragraphs so as
to appear in numerical order; and
(iii) by inserting after paragraph (1) the
following:
``(2) Cumulative impacts.--The term `cumulative impacts'
means any exposure, public health or environmental risk, or
other effect occurring in a specific geographical area,
including from an emission or release--
``(A) including--
``(i) environmental pollution released--
``(I) routinely;
``(II) accidentally; or
``(III) otherwise; and
``(ii) as assessed based on the combined
past, present, and reasonably foreseeable
emissions and discharges affecting the
geographical area; and
``(B) evaluated taking into account sensitive
populations and socioeconomic factors, where
applicable.''.
(B) Permit programs.--Section 502(b) of the Clean
Air Act (42 U.S.C. 7661a(b)) is amended--
(i) in paragraph (5)--
(I) in subparagraphs (A) and (C),
by striking ``assure'' each place it
appears and inserting ``ensure''; and
(II) by striking subparagraph (F)
and inserting the following:
``(F) ensure that no permit will be issued to or renewed
for a covered facility (as defined in section 4(a) of the
Protecting Communities from Plastics Act), as applicable, if--
``(i) with respect to an application for a permit
or renewal of a permit for a major source that is a
covered facility (as defined in section 4(a) of the
Protecting Communities from Plastics Act), the
permitting authority determines under paragraph
(9)(C)(ii)(I)(bb)(BB) that the terms and conditions of
the permit or renewal would not be sufficient to ensure
a reasonable certainty of no harm to the health of the
general population, or to any potentially exposed or
susceptible subpopulation, of the applicable census
tracts or Tribal census tracts (as those terms are
defined by the Director of the Bureau of the Census);
or
``(ii) the Administrator objects to the issuance of
the permit in a timely manner under this title.''; and
(ii) in paragraph (9)--
(I) in the fourth sentence, by
striking ``Such permit revision'' and
inserting the following:
``(iii) Treatment as renewal.--A permit
revision under this paragraph'';
(II) in the third sentence, by
striking ``No such revision shall'' and
inserting the following:
``(ii) Exception.--A revision under this
paragraph shall not'';
(III) in the second sentence, by
striking ``Such revisions'' and
inserting the following:
``(B) Revision requirements.--
``(i) Deadline.--A revision described in
subparagraph (A) or (C)'';
(IV) by striking ``(9) A
requirement'' and inserting the
following:
``(9) Major sources.--
``(A) In general.--Subject to subparagraph (C), a
requirement that''; and
(V) by adding at the end the
following:
``(C) Certain plastics facilities.--
``(i) Definition of covered facility.--In
this subparagraph, the term `covered facility'
has the meaning given the term in section 4(a)
of the Protecting Communities from Plastics
Act.
``(ii) Additional requirements.--With
respect to any permit or renewal of a permit,
as applicable, for a major source that is a
covered facility, the permitting authority
shall, in determining whether to issue or renew
the permit--
``(I) evaluate the potential
cumulative impacts of the proposed
covered facility, as described in the
applicable cumulative impacts analysis
submitted under section 503(b)(3);
``(II) if, due to those potential
cumulative impacts, the permitting
authority cannot determine that there
exists a reasonable certainty of no
harm to the health of the general
population, or to any potentially
exposed or susceptible subpopulation,
of any census tracts or Tribal census
tracts (as those terms are defined by
the Director of the Bureau of the
Census) located in, or immediately
adjacent to, the area in which the
covered facility is, or is proposed to
be, located--
``(aa) include in the
permit or renewal such terms
and conditions (including
additional controls or
pollution prevention
requirements) as the permitting
authority determines to be
necessary to ensure a
reasonable certainty of no
harm; or
``(bb) if the permitting
authority determines that terms
and conditions described in
item (aa) would not be
sufficient to ensure a
reasonable certainty of no
harm, deny the issuance or
renewal of the permit;
``(III) determine whether the
applicant is a persistent violator,
based on such criteria relating to the
history of compliance by an applicant
with this Act as the Administrator
shall establish by not later than 180
days after the date of enactment of the
Protecting Communities from Plastics
Act;
``(IV) if the permitting authority
determines under subclause (III) that
the applicant is a persistent violator
and the permitting authority does not
deny the issuance or renewal of the
permit pursuant to subclause (V)(bb)--
``(aa) require the
applicant to submit a
redemption plan that describes,
if the applicant is not in
compliance with this Act,
measures the applicant will
carry out to achieve that
compliance, together with an
approximate deadline for that
achievement, measures the
applicant will carry out, or
has carried out to ensure the
applicant will remain in
compliance with this Act, and
to mitigate the environmental
and health effects of
noncompliance, and the measures
the applicant has carried out
in preparing the redemption
plan to consult or negotiate
with the communities affected
by each persistent violation
addressed in the plan; and
``(bb) once such a
redemption plan is submitted,
determine whether the plan is
adequate to ensuring that the
applicant will achieve
compliance with this Act
expeditiously, will remain in
compliance with this Act, will
mitigate the environmental and
health effects of
noncompliance, and has
solicited and responded to
community input regarding the
redemption plan; and
``(V) deny the issuance or renewal
of the permit if the permitting
authority determines that--
``(aa) the redemption plan
submitted under subclause
(IV)(aa) is inadequate; or
``(bb) the applicant has
submitted a redemption plan on
a prior occasion, but continues
to be a persistent violator and
that there is no indication
exists of extremely exigent
circumstances excusing the
persistent violations.''.
(C) Permit applications.--Section 503(b) of the
Clean Air Act (42 U.S.C. 7661b(b)) is amended by adding
at the end the following:
``(3) Analyses for Certain Plastics Facilities.--The regulations
required by section 502(b) shall include a requirement that an
applicant for a permit or renewal of a permit for a major source that
is a covered facility (as defined in section 4(a) of the Protecting
Communities from Plastics Act) shall submit, together with the
compliance plan required under this subsection, a cumulative impacts
analysis for each census tract or Tribal census tract (as those terms
are defined by the Director of the Bureau of the Census) located in, or
immediately adjacent to, the area in which the major source that is a
covered source (as so defined) is, or is proposed to be, located that
analyzes--
``(A) community demographics and locations of community
exposure points, such as residences, schools, day care centers,
nursing homes, hospitals, health clinics, places of religious
worship, parks, playgrounds, and community centers;
``(B) air quality and the potential effect on that air
quality of emissions of air pollutants (including pollutants
listed under section 108 or 112) from the proposed covered
facility (as so defined), including in combination with
existing sources of pollutants;
``(C) the potential effects on soil quality and water
quality of emissions of air and water pollutants that could
contaminate soil or water from the proposed major source,
including in combination with existing sources of pollutants;
and
``(D) public health and any potential effects on public
health of the proposed covered facility (as so defined).''.
(j) Financial Assurance Requirements for Covered Facilities.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall develop and
require as a condition to receiving a permit under the Clean
Air Act (42 U.S.C. 7401 et seq.) or the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) financial assurance
requirements for new covered facilities that demonstrate the
presence of sufficient financial resources--
(A) to safely close the covered facility at the end
of the operational life of the covered facility; or
(B) to provide appropriate emergency response in
the case of an accidental release.
(2) Application to existing covered facilities.--The
financial assurance requirements under paragraph (1) shall
apply to existing covered facilities at the time on which an
existing covered facility seeks renewal of a permit under the
Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
(k) Siting Restrictions for New Covered Facilities.--The issuance
or approval of a permit under the Clean Air Act (42 U.S.C. 7401 et
seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) for new covered facilities or for the expansion of existing
covered facilities shall be prohibited within 5 miles of a community
building or area, including a school, a residence, a day care center, a
nursing home, a hospital, a health clinic, a place of religious
worship, a park, a playground, and a community center.
SEC. 5. FEDERAL SOURCE REDUCTION AND REUSE TARGETS.
(a) Definition of Source Reduction.--
(1) In general.--In this section, the term ``source
reduction'' means the reduction in the quantity of single-use
plastic packaging and food service ware created by producers
relative to the baseline established pursuant to subsection
(b)(1) by methods that may include--
(A) shifting to reusable or refillable packaging or
food service ware systems; or
(B) eliminating unnecessary packaging.
(2) Exclusions.--In this section, the term ``source
reduction'' does not include--
(A) replacing a recyclable or compostable single-
use plastic packaging or food service ware with--
(i) a nonrecyclable or noncompostable
single-use plastic packaging or food service
ware; or
(ii) a single-use plastic packaging or food
service ware that is less likely to be recycled
or composted; or
(B) switching from virgin single-use plastic
packaging or food service ware to plastic postconsumer
recycled content.
(b) Federal Source Reduction Targets.--
(1) Baseline.--Not later than December 31, 2025, the
Administrator shall promulgate regulations to establish a
baseline quantity, by total weight and total number of items,
of all single-use plastic packaging and food service ware
produced, sold, offered for sale, imported, or distributed in
the United States during calendar year 2024.
(2) Reduction targets.--
(A) In general.--Not later than December 31, 2027,
the Administrator shall promulgate regulations to
establish phased source reduction targets for all
single-use plastic packaging and food service ware
produced, sold, offered for sale, imported, or
distributed in the United States, which shall be
organized by product category.
(B) Minimum.--The phased source reduction targets
established under subparagraph (A) shall include a
source reduction target of not less than 25 percent by
2032.
(c) Federal Reuse and Refill Targets.--
(1) In general.--Not later than December 31, 2025, the
Administrator shall promulgate regulations to establish phased
reuse and refill targets for all plastic packaging and food
service ware produced, sold, offered for sale, imported, or
distributed in the United States.
(2) Minimum.--The phased reuse and refill targets
established under paragraph (1) shall include reuse and refill
targets of not less than 30 percent by 2032.
(d) Exclusion.--Nothing in this section applies to any single-use
plastic used for--
(1) medical equipment, supplements, medical devices,
consumer personal protective equipment, or other products
determined by the Secretary of Health and Human Services to
necessarily be made of plastic for the protection of public
health or for people with disabilities;
(2) packaging that is--
(A) for any product described in paragraph (1) that
is determined by the Secretary of Health and Human
Services to necessarily be made of plastic for the
protection of public health or for people with
disabilities; or
(B) used for the shipment of hazardous materials
that is prohibited from being composed of used
materials under section 178.509 or 178.522 of title 49,
Code of Federal Regulations (as in effect on the date
of enactment of this Act); or
(3) a personal hygiene product that, due to the intended
use of the product, could become unsafe or unsanitary to
recycle, such as a diaper.
SEC. 6. ADVANCING REFILLABLE AND REUSABLE SYSTEMS.
(a) Grant Program To Support Equity and Innovation in Refillable
and Reusable Packaging.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a
competitive grant program (referred to in this subsection as
the ``program'') to provide grants to eligible entities
described in paragraph (3) to carry out scalable reuse and
refill projects in accordance with this subsection.
(2) Objectives.--To be eligible for a grant under the
program, a reuse and refill project shall evaluate the efficacy
and cost-effectiveness of tools, technologies, and techniques
for 1 or more of the following objectives:
(A) Expanding reuse and refill programs to replace
single-use plastics currently used in consumer goods
industries, including replacement with food service and
consumer food and beverage products that--
(i) are affordable, convenient, scalable,
nontoxic, and equitable; and
(ii) satisfy the requirements described in
section 3(3)(A).
(B) Expanding consumer knowledge of reuse and
refill programs, including through the development of
accessible educational and outreach programs and
materials.
(C) Installing and expanding access to publicly
available water bottle refilling stations.
(D) Installing and expanding access to sanitation
infrastructure in public or community buildings to
enable safe and hygienic reuse, including dishwashers
and sanitation stations.
(3) Eligible entities.--To be eligible to receive a grant
under the program, an entity shall be--
(A) an educational institution, including an
institution of higher education;
(B) a nonprofit or community-based organization;
(C) a State, local, or Tribal government;
(D) a for-profit restaurant, business, or other
organization; or
(E) a public-private partnership.
(4) Nontoxic requirements.--Materials used as part of a
reuse and refill project under the program shall not contain--
(A) toxic heavy metals, pathogens, or additives,
including--
(i) a perfluoroalkyl or polyfluoroalkyl
substance;
(ii) an ortho-phthalate;
(iii) a bisphenol compound (not including
an alkyl-substituted bisphenol compound
generated through a xylenol-aldehyde process);
or
(iv) a halogenated flame retardant; or
(B) chemical substances designated as high-priority
substances under section 6(b)(1) of the Toxic
Substances Control Act (15 U.S.C. 2605(b)(1)),
including the chemicals or mixtures of chemicals
described in section 4(g)(3).
(5) Priorities.--In awarding grants under the program, the
Administrator shall--
(A) give priority to projects that will directly
benefit populations of color, communities of color,
indigenous communities, rural communities, and low-
income communities;
(B) give priority to a project that achieves more
than 1 of the objectives described in paragraph (2);
and
(C) ensure that a grant is provided to carry out a
project in each region of the Environmental Protection
Agency.
(6) Prize competition.--
(A) In general.--Not later than 1 year after the
first round of grants is awarded under the program, the
Administrator shall establish a prize competition under
which the Administrator shall--
(i) evaluate the projects carried out by
each recipient of a grant under the program;
and
(ii) award a prize to 1 of those
recipients.
(B) Amount.--The Administrator shall determine the
amount of the prize under this paragraph.
(C) Use.--The recipient of the prize under this
paragraph shall use the amount of the prize to
demonstrate that the reuse or refill project carried
out by the recipient under the program--
(i) is scalable;
(ii) serves the community in which the
program is carried out; and
(iii) is implemented in a sustainable and
equitable manner.
(7) Report.--Not later than 3 years after the date on which
the Administrator establishes the program, the Administrator
shall submit to Congress a report describing the effectiveness
of the projects carried out under the program.
(8) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out the
program.
(b) Report on Reuse and Refill Product Delivery Systems.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 5 years thereafter, the
Administrator shall make publicly available a report on
feasibility and best practices relating to reuse and refill
within the following sectors:
(A) Food service, including--
(i) take out;
(ii) delivery of prepared meals; and
(iii) meal kits.
(B) Consumer food and beverage products.
(C) Consumer cleaning products.
(D) Consumer personal care products.
(E) Transportation or shipping of wholesale and
retail goods.
(F) Public educational institutions, including
institutions of higher education.
(G) Other sectors, as identified by the
Administrator.
(2) Objectives.--The report under paragraph (1) shall
evaluate and summarize--
(A) types of reuse and refill product delivery
systems that can be best used at different scales;
(B) methods to ensure equitable distribution of
reuse and refill product delivery systems in
populations of color, communities of color, indigenous
communities, and low-income communities;
(C) job creation opportunities through the use or
expansion of reuse and refill systems;
(D) economic costs and benefits for--
(i) the businesses that deploy reuse and
refill technologies; and
(ii) the parties responsible for waste
collection and management;
(E) types of local, State, and Federal support
needed to expand the use of reuse and refill systems;
and
(F) existing barriers to widespread implementation
of reuse and refill systems.
(3) Consideration.--In preparing the report under paragraph
(1), the Administrator shall consider relevant information on
reuse and refill programs and approaches in States, units of
local government, and other countries.
SEC. 7. STUDIES; AGENCY DIRECTIVES.
(a) Definition of Microplastic.--In this section, the term
``microplastic'' means a plastic or plastic-coated particle that is
less than 5 millimeters in any dimension.
(b) National Recycling Strategy.--The Administrator shall not
expand the scope of the National Recycling Strategy of the
Environmental Protection Agency to include facilities that treat
plastic waste through the use of pyrolysis, gasification, or similar
chemical recycling technologies.
(c) Food and Drug Administration Study.--
(1) In general.--The Commissioner of Food and Drugs, in
consultation with the Secretary of Agriculture and, as
necessary, the heads of other Federal agencies such as the
Director of the National Institute of Standards and Technology
and such other Federal agencies as the Commissioner of Food and
Drugs determines to be necessary, shall conduct a nationwide
study on the presence and sources of microplastics in food
(including drink) products, including food products containing
fish, meat, fruits, or vegetables.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Commissioner of Food and Drugs shall
submit to Congress and make publicly available a report on the
study conducted under this subsection.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection.
(d) Microplastics Pilot Program.--
(1) Establishment.--The Administrator shall establish a
pilot program (referred to in this subsection as the ``pilot
program'') to test the efficacy and cost effectiveness of
tools, technologies, and techniques--
(A) to remove microplastics from the environment
without causing additional harm to the environment; and
(B) to prevent the release of microplastics into
the environment.
(2) Requirements.--In carrying out the pilot program, the
Administrator shall include the testing, and analysis and
mitigation of any environmental impacts, of--
(A) natural infrastructure;
(B) green infrastructure (as defined in section 502
of the Federal Water Pollution Control Act (33 U.S.C.
1362)); and
(C) mechanical removal systems (such as pumps) and
filtration technologies, including a consideration of
potential negative ecological impacts that may result
from filtration in natural waterways and ocean waters.
(3) Eligible pilot program locations.--In carrying out the
pilot program, the Administrator may carry out projects located
in--
(A) stormwater systems;
(B) wastewater treatment facilities;
(C) drinking water systems;
(D) ports, harbors, inland waterways, estuaries,
and marine environments; and
(E) roadways, highways, and other streets used for
vehicular travel.
(4) Outreach.--In determining selection criteria and
projects to carry out under the pilot program, the
Administrator shall conduct outreach to--
(A) the Interagency Marine Debris Coordinating
Committee established under section 5(a) of the Marine
Debris Act (33 U.S.C. 1954(a)); and
(B) stakeholders and experts in the applicable
field, as determined by the Administrator.
(5) Reports.--
(A) Initial report.--Not later than 180 days after
the date of enactment of this Act, the Administrator
shall submit to Congress a report describing the
outreach conducted under paragraph (4).
(B) Subsequent report.--Not later than 3 years
after the date on which the Administrator establishes
the pilot program, the Administrator shall submit to
Congress a report describing the effectiveness of
projects carried out under the pilot program.
(6) Rulemaking required.--Not later than 1 year after the
date on which the Administrator submits to Congress the report
required under paragraph (5)(B), the Administrator shall
initiate a rulemaking to address abatement and mitigation of
microplastics in locations described in paragraph (3) using
technologies and methods tested under the pilot program.
(7) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection.
(e) National Institutes of Health Research.--
(1) In general.--The Director of the National Institutes of
Health shall conduct or support research on the presence of
microplastics in the human body, which may include determining
how the presence of microplastics in organs and biospecimens,
including urine, breastmilk, and stool, impacts human health.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, and annually for the next 4 years
thereafter, the Director of the National Institutes of Health
shall submit to Congress and make publicly available a report
that provides an overview of the research conducted or
supported under this subsection and any relevant findings.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection.
SEC. 8. REDUCING SINGLE-USE PLASTICS IN AGRICULTURE.
(a) Biodegradable Weed Barriers Practice Under the Environmental
Quality Incentives Program.--The Secretary of Agriculture shall
designate a project to replace the use of on-farm plastic weed barriers
and weed mitigants with nonplastic, biodegradable alternatives as an
agricultural conservation practice or enhancement that meets the
requirement described in section 21001(a)(1)(B)(iii) of Public Law 117-
169 (commonly referred to as the ``Inflation Reduction Act of 2022'').
(b) Single-Use Plastic Farm Product Packaging Reduction Grants.--
Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c)
is amended--
(1) in subsection (b)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) by redesignating paragraph (6) as paragraph
(7); and
(C) by inserting after paragraph (5) the following:
``(6) supports the reduction of single-use plastics from
the post-production distribution packaging of agricultural
producers; and'';
(2) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively;
(3) by striking ``subsection (i)'' each place it appears
and inserting ``subsection (j)'';
(4) by inserting after subsection (e) the following:
``(f) Single-Use Plastic Farm Product Packaging Reduction Grants.--
``(1) In general.--The Secretary shall provide grants to
entities described in paragraph (3) to significantly reduce or
eliminate single-use plastics from the post-production
distribution packaging of the entities.
``(2) Administration.--The Secretary shall carry out this
subsection through the Administrator of the Agricultural
Marketing Service, in coordination with the Administrator of
the Rural Business-Cooperative Service.
``(3) Eligible entities.--An entity shall be eligible for a
grant under paragraph (1) if the entity is--
``(A) an independent producer (as determined by the
Secretary) of a value-added agricultural product; or
``(B) an agricultural producer group, farmer or
rancher cooperative, or majority-controlled producer-
based business venture (as determined by the
Secretary).
``(4) Grant amount.--The amount of a grant provided under
paragraph (1) shall be not more than $250,000.
``(5) Term.--The term of a grant provided under paragraph
(1) shall be 3 years.
``(6) Priority.--In providing grants under paragraph (1),
the Secretary shall give priority to--
``(A) beginning farmers or ranchers;
``(B) veteran farmers or ranchers;
``(C) organic and regenerative farmers; and
``(D) socially disadvantaged farmers or ranchers.
``(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2023 through 2032.''; and
(5) in subsection (i)(1) (as so redesignated), in the
matter preceding subparagraph (A), by striking ``subsection
(i)(3)(E)'' and inserting ``subsection (j)(3)(E)''.
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