[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3127 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3127
To amend the Solid Waste Disposal Act to reduce the production and use
of certain single-use plastic products and packaging, to improve the
responsibility of producers in the design, collection, reuse,
recycling, and disposal of consumer products and packaging, to prevent
pollution from consumer products and packaging from entering into
animal and human food chains and waterways, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 25, 2023
Mr. Merkley (for himself, Mr. Blumenthal, Mr. Booker, Mr. Durbin, Mrs.
Gillibrand, Mr. Markey, Mrs. Murray, Mr. Sanders, Mr. Van Hollen, Ms.
Warren, Mr. Welch, and Mr. Wyden) introduced the following bill; which
was read twice and referred to the Committee on Environment and Public
Works
_______________________________________________________________________
A BILL
To amend the Solid Waste Disposal Act to reduce the production and use
of certain single-use plastic products and packaging, to improve the
responsibility of producers in the design, collection, reuse,
recycling, and disposal of consumer products and packaging, to prevent
pollution from consumer products and packaging from entering into
animal and human food chains and waterways, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Break Free From
Plastic Pollution Act of 2023''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXTENDED RESPONSIBILITY FOR BEVERAGE CONTAINERS AND PACKAGING
Sec. 101. Extended responsibility for beverage containers and
packaging.
TITLE II--PROTECTING COMMUNITIES FROM PLASTICS
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. Environmental justice protections at covered facilities.
Sec. 205. Microplastics research and directives.
Sec. 206. Reducing single-use plastics in agriculture.
TITLE III--PLASTIC PELLET-FREE WATERS
Sec. 301. Effluent limitations for wastewater, spills, and runoff from
plastic polymer production facilities,
plastic molding and forming facilities, and
other point sources associated with the
transport and packaging of plastic pellets
or other preproduction plastic materials.
TITLE I--EXTENDED RESPONSIBILITY FOR BEVERAGE CONTAINERS AND PACKAGING
SEC. 101. EXTENDED RESPONSIBILITY FOR BEVERAGE CONTAINERS AND
PACKAGING.
(a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) is amended by adding at the end the following:
``Subtitle K--Extended Responsibility for Beverage Containers and
Packaging
``SEC. 12001. DEFINITIONS.
``In this subtitle:
``(1) Advisory committee.--The term `advisory committee'
means an advisory committee established by the Administrator
under section 12106(a).
``(2) Beverage.--
``(A) In general.--The term `beverage' means any
drinkable liquid intended for human oral consumption,
including--
``(i) water;
``(ii) flavored water;
``(iii) soda water;
``(iv) mineral water;
``(v) beer;
``(vi) a malt beverage;
``(vii) a carbonated soft drink;
``(viii) liquor;
``(ix) tea;
``(x) coffee;
``(xi) hard cider;
``(xii) fruit juice;
``(xiii) an energy or sports drink;
``(xiv) coconut water;
``(xv) wine;
``(xvi) a yogurt drink;
``(xvii) a probiotic drink;
``(xviii) a wine cooler; and
``(xix) any other beverage determined to be
appropriate by the Administrator.
``(B) Exclusions.--The term `beverage' does not
include--
``(i) a drug regulated under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.);
``(ii) infant formula; or
``(iii) a meal replacement liquid.
``(3) Beverage container.--
``(A) In general.--The term `beverage container'
means a prepackaged container that--
``(i) is designed to hold a beverage;
``(ii) is made of any material, including
glass, plastic, and metal; and
``(iii) has a volume of not more than 3
liters.
``(B) Exclusions.--The term `beverage container'
does not include--
``(i) a carton;
``(ii) a pouch; or
``(iii) aseptic packaging, such as a drink
box.
``(4) Brand.--
``(A) In general.--The term `brand' means any mark,
word, name, symbol, design, device, or graphic element
that--
``(i) identifies a product; and
``(ii) distinguishes the product from other
products.
``(B) Inclusions.--The term `brand' includes--
``(i) any combination of 2 or more marks,
words, names, symbols, designs, devices, or
graphic elements described in subparagraph (A);
and
``(ii) any registered or unregistered
trademark.
``(5) Compostable.--
``(A) In general.--The term `compostable', with
respect to a covered product described in subparagraph
(B), means that the covered product--
``(i)(I) meets the ASTM International
standard specification for compostable products
numbered D6400 or D6868--
``(aa) as in effect on the date of
enactment of this subtitle; or
``(bb) as revised after the date of
enactment of this subtitle, if the
revision is approved by the
Administrator; and
``(II) is labeled to reflect that the
covered product meets a standard described in
subclause (I);
``(ii) is certified as a compostable
product by an independent third party that is
approved by the Administrator; or
``(iii) comprises only wood or natural
fiber, without any--
``(I) coating;
``(II) additive; or
``(III) effective beginning on
February 1, 2025, toxic substance.
``(B) Description of covered products.--The covered
products referred to in subparagraph (A) are covered
products other than--
``(i) paper; and
``(ii) effective beginning on February 1,
2025, a covered product that contains a toxic
substance.
``(6) Covered product.--
``(A) In general.--The term `covered product',
regardless of recyclability, compostability, or
material type, means--
``(i) packaging;
``(ii) a food service product;
``(iii) paper; and
``(iv) a single-use product that is not
subject to a prohibition under section 12202 or
12203.
``(B) Exclusions.--The term `covered product' does
not include--
``(i) a beverage container; or
``(ii) any product subject to an extended
responsibility program at the State level, as
determined by the Administrator.
``(7) 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) full access to public information and
opportunities for meaningful public participation with
respect to human health and environmental planning,
regulations, and enforcement is provided to each census
tract and census block group--
``(i) the percentage of population of
people of color of which is not less than the
average percentage of population of people of
color in the State in which the tract or block
group is located; or
``(ii) the percentage of population of
households with an income of not more than
twice the Federal poverty level of which is not
less than the percentage of population of those
households in the applicable State;
``(B) no census tract or census block group
described in subparagraph (A) 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 convened on
October 24 through 27, 1991, in Washington, DC, are
upheld.
``(8) Food service product.--The term `food service
product' means an item intended to deliver a food product,
regardless of the recyclability or compostability of the item,
including--
``(A) a utensil;
``(B) a straw;
``(C) a stirrer;
``(D) a drink cup;
``(E) a drink lid;
``(F) a food package;
``(G) a food container;
``(H) a hinged or lidded container (commonly known
as a `clamshell');
``(I) a plate;
``(J) a bowl;
``(K) a meat, fish, seafood, or vegetable tray;
``(L) a food wrapper; and
``(M) a beverage container.
``(9) Organization.--The term `Organization' means a
Producer Responsibility Organization described in section
12102(a)(1).
``(10) Packaging.--
``(A) In general.--The term `packaging' means--
``(i) any package or container, regardless
of recyclability or compostability; and
``(ii) any separable and distinct material
component, regardless of recyclability or
compostability, used for the containment,
protection, handling, delivery, and
presentation of goods that are sold, offered
for sale, or distributed to consumers in the
United States, including through an internet
transaction.
``(B) Inclusions.--The term `packaging' includes--
``(i) an item described in subparagraph (A)
that is--
``(I) sales packaging or primary
packaging intended for the consumer
market;
``(II) service packaging designed
and intended to be used or filled at
the point of sale, such as carry-out
bags, bulk good bags, take-out bags,
and home delivery food service
products;
``(III) secondary packaging used to
group products for multiunit sale; or
``(IV) tertiary packaging used for
transportation or distribution directly
to a consumer; and
``(ii) any ancillary element that is--
``(I) hung on, or attached to, a
product; and
``(II) performing a packaging
function.
``(C) Exclusion.--The term `packaging' does not
include an item described in subparagraph (A) or (B)
that--
``(i) is used for the long-term protection
or storage of a product; and
``(ii) has a useful life of not less than 5
years, as determined by the Administrator.
``(11) Paper.--
``(A) In general.--The term `paper' means a paper
product that is sold, offered for sale, delivered, or
distributed to a consumer or business in the United
States.
``(B) Inclusions.--The term `paper' includes--
``(i) newsprint and inserts;
``(ii) magazines and catalogs;
``(iii) direct mail;
``(iv) office paper; and
``(v) telephone directories.
``(C) Exclusions.--The term `paper' does not
include--
``(i) a paper product that, due to the
intended use of the product, could become
unsafe or unsanitary to recycle; or
``(ii) a bound book.
``(12) Plan.--The term `Plan' means a Product Stewardship
Plan of an Organization under section 12103(a).
``(13) Plastic.--
``(A) In general.--The term `plastic' means a
synthetic or semisynthetic material that is--
``(i) synthesized by the polymerization of
organic substances; and
``(ii) capable of being shaped into various
rigid and flexible forms.
``(B) Inclusions.--The term `plastic' includes any
coating or adhesive described in subparagraph (A).
``(14) Plastic component.--The term `plastic component'
means an item that--
``(A) is composed wholly or partially of plastic;
and
``(B) comprises--
``(i) the entirety of a covered product; or
``(ii) an element of a covered product that
is detachable on or after use of the covered
product.
``(15) Post-consumer recycled material.--
``(A) In general.--The term `post-consumer recycled
material' means new material produced using material
resulting from the recovery, separation, collection,
and reprocessing of material that--
``(i) was originally sold for consumption;
and
``(ii) would otherwise be disposed of or
processed as waste.
``(B) Exclusions.--The term `post-consumer recycled
material' does not include--
``(i) post-industrial material;
``(ii) preconsumer material; or
``(iii) a material or byproduct--
``(I) generated by means of
advanced recycling, chemical recycling,
combustion, gasification, incineration,
pyrolysis, solvolysis, thermal
desorption, waste-to-energy, waste-to-
fuel, or any other chemical or
molecular conversion process; or
``(II) generated from, and commonly
reused within, an original
manufacturing and fabrication process.
``(16) Producer.--
``(A) In general.--The term `producer' means an
entity that--
``(i)(I) manufactures a covered product or
beverage container; and
``(II) owns, or is a licensee of, the brand
or trademark under which that covered product
or beverage container is--
``(aa) used in a commercial
enterprise in the United States;
``(bb) sold or offered for sale in
the United States; or
``(cc) distributed in the United
States;
``(ii) if no entity described in clause (i)
exists with respect to a covered product or
beverage container, owns or, if the owner is
not located in the United States, is the
exclusive licensee of a brand or trademark
under which the covered product or beverage
container is used in a commercial enterprise,
sold or offered for sale, or distributed, in
the United States; or
``(iii) if no entity described in clause
(i) or (ii) exists with respect to a covered
product or beverage container, sells, offers
for sale, or distributes the covered product or
beverage container in the United States.
``(B) Exclusion.--The term `producer' does not
include an entity that produces, harvests, and packages
an agricultural commodity on the site where the
agricultural commodity was grown or raised.
``(C) Related definitions.--For purposes of
subparagraph (A):
``(i) Licensee.--The term `licensee' means
an entity that holds the exclusive right to use
a trademark or brand in the United States in
connection with the manufacture, sale, or
distribution of a covered product or beverage
container.
``(ii) Manufacture.--The term
`manufacture', with respect to a beverage
container, means to bottle, can, or otherwise
fill a beverage container for sale to--
``(I) distributors distributing
beverage containers to retailers;
``(II) importers; or
``(III) retailers.
``(iii) Sale.--The term `sale' includes the
delivery of a covered product or beverage
container to a purchaser in the United States.
``(17) Product line.--The term `product line' means a group
of related products marketed under a single brand name that--
``(A) is sold, offered for sale, or distributed by
a distributor in the United States, including through
an internet transaction; and
``(B) is used by the distributor for the purpose of
distinguishing those products from other, similar
products for better usability for consumers.
``(18) Prohibited plastic packaging.--The term `prohibited
plastic packaging' means plastic packaging that--
``(A) contains a nondetectable pigment, such as
carbon black;
``(B) is rigid and is composed wholly or partially
of polyethylene terephthalate glycol;
``(C) is composed wholly or partially of
polystyrene, including expanded polystyrene;
``(D) is composed wholly or partially of polyvinyl
chloride, including polyvinylidene chloride;
``(E) contains an oxodegradable additive, including
an oxobiodegradable additive; or
``(F) contains a problematic label construction
that hinders recycling or makes the packaging
nonrecyclable, including adhesives, inks, materials,
and design features.
``(19) Recyclable.--The term `recyclable', with respect to
a covered product or a beverage container, means that the
covered product or beverage container--
``(A) can be economically and technically recycled
in current United States market conditions;
``(B) is collected pursuant to 1 or more recycling
programs covering not less than 60 percent of the
population of the United States;
``(C) can be sorted into 1 or more recycling-
process defined streams that are sent to, and reclaimed
at, a reclaiming facility in accordance with the
applicable requirements of the Basel Convention on the
Control of Transboundary Movements of Hazardous Wastes
and Their Disposal, done at Basel, Switzerland, March
22, 1989;
``(D) does not include an attached component, such
as a shrink sleeve, label, or filter, that is required
to be removed by a consumer before the covered product
or beverage container can be recycled; and
``(E)(i) in the case of plastic packaging, is
designed not to include any component, ink, adhesive,
or label that prevents recycling of the plastic
packaging according to the most-recent design guide
published by the Association of Plastic Recyclers; and
``(ii) in the case of nonplastic packaging or any
other covered product--
``(I) is designed to meet the requirements
of subparagraphs (A) through (D); and
``(II) does not include any component, ink,
adhesive, or label that prevents recycling of
the covered product or nonplastic packaging.
``(20) Recycle.--
``(A) In general.--The term `recycle' means the
series of activities by which a covered product or
beverage container is--
``(i) collected, sorted, and processed; and
``(ii)(I) converted into a raw material
with minimal loss of material quality;
``(II) used in the production of a new
product, including the original covered product
or beverage container; or
``(III) in the case of composting or
organic recycling, productively used for soil
improvement.
``(B) Exclusions.--The term `recycle' does not
include--
``(i) a method of sorting, processing, and
aggregating materials from solid waste that
does not preserve original material quality, as
a result of which the aggregated material--
``(I) is no longer usable for--
``(aa) the initial purpose;
or
``(bb) a substantially
similar purpose; and
``(II) can only be used for an
inferior purpose or product (commonly
referred to as `downcycling');
``(ii) the use of waste--
``(I) as a fuel or fuel substitute;
``(II) for energy production;
``(III) for repurposing into
infrastructure, including--
``(aa) pavement for streets
or sidewalks;
``(bb) building materials;
and
``(cc) other infrastructure
projects, as determined by the
Administrator;
``(IV) for alternate operating
cover; or
``(V) within the footprint of a
landfill; or
``(iii) the conversion of waste into an
alternative product, such as a chemical,
feedstock, fuel, or energy, through--
``(I) incineration;
``(II) pyrolysis;
``(III) hydropyrolysis;
``(IV) methanolysis;
``(V) gasification; or
``(VI) a similar technology, as
determined by the Administrator.
``(21) Redeem.--The term `redeem' means to return to a
retailer or producer an empty beverage container in exchange
for a refund of the applicable amount under section 12108(c).
``(22) Redemption center.--The term `redemption center'
means a facility established under section 12108(e)(2).
``(23) Refillable; reusable.--The term `refillable' or
`reusable', with respect to a beverage container or covered
product, means that the beverage container or covered product
is--
``(A) explicitly designed and marketed to be used--
``(i) by a producer or consumer, multiple
times for the same or a similar product; or
``(ii) by a producer, for another
purposeful packaging use in a supply chain;
``(B) designed for durability to function properly
in original condition for multiple uses;
``(C) mechanically feasible for refill or reuse in
current United States market conditions;
``(D) feasible for refill or reuse for such number
of cycles as the Administrator determines to be
appropriate to achieve a significant environmental
benefit across the lifecycle of the beverage container
or covered product, as compared to a single-use
beverage container or covered product; and
``(E) part of a reuse and refill system in the
United States under which not less than 95 percent of
beverage containers are returned to distributors for
reuse and refill.
``(24) Responsible end market.--The term `responsible end
market' means a material market in which the recycling or
recovery of materials or the disposal of contaminants is
conducted in a manner that, as determined by the
Administrator--
``(A) benefits the environment; and
``(B) minimizes risks to--
``(i) public health; and
``(ii) worker health and safety.
``(25) Restaurant.--
``(A) In general.--The term `restaurant' means an
establishment the primary business of which is the
preparation of food or beverages for consumption by the
public--
``(i) in a form and quantity that is
consumable immediately at the establishment,
regardless of whether a purchased food or
beverage is consumed on-premises; or
``(ii) in a consumable form for consumption
off-premises.
``(B) Inclusion.--The term `restaurant' includes a
fast food restaurant.
``(26) Retailer.--
``(A) In general.--The term `retailer' means an
entity located in the United States that--
``(i) engages in the sale of beverage
containers or covered products to a consumer;
or
``(ii) provides beverage containers or
covered products to an individual or entity in
commerce, including provision free of charge,
such as at a workplace or event.
``(B) Inclusion.--The term `retailer' includes an
entity located in the United States that engages in the
sale of, or provides, beverage containers as described
in subparagraph (A) through a vending machine or
similar means.
``(27) Reuse and refill system.--The term `reuse and refill
system' means a set of mechanisms relating to refillable or
reusable covered products and beverage containers that is
supported by adequate infrastructure at the producer level, and
adequate and convenient availability and retail infrastructure
at the consumer level, to ensure that the covered products and
beverage containers can be--
``(A) repeatedly recovered, inspected, repaired (if
necessary), and reissued by producers into the supply
chain for reuse or refill for multiple cycles; and
``(B) conveniently and safely reused or refilled by
producers and consumers for multiple cycles.
``(28) Single-use.--
``(A) In general.--The term `single-use', with
respect to a covered product or a beverage container,
means that the covered product or beverage container is
routinely disposed of, recycled, or otherwise discarded
after 1 use.
``(B) Exclusions.--The term `single-use', with
respect to a covered product, does not include a
covered product that is--
``(i) a medical food item, supplement,
device, or other product determined by the
Secretary of Health and Human Services
necessarily to be made of plastic for the
protection of public health;
``(ii) personal protective equipment,
including--
``(I) masks;
``(II) gloves;
``(III) face shields; and
``(IV) other personal protective
equipment, as determined by Secretary
of Health and Human Services;
``(iii) a personal hygiene product that,
due to the intended use of the product, could
become unsafe or unsanitary to recycle, such as
a diaper; or
``(iv) packaging used for--
``(I) any product described in
clause (i), (ii), or (iii); or
``(II) the shipment of hazardous
materials, and 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
subtitle).
``(29) Source reduction.--
``(A) In general.--The term `source reduction'
means a reduction in the quantity of covered products
or beverage containers produced by a producer, as
compared to a baseline established pursuant to section
12105(b), including due to--
``(i) shifting to reusable or refillable
packaging or food service product systems; or
``(ii) eliminating unnecessary packaging.
``(B) Exclusions.--The term `source reduction' does
not include--
``(i) replacing recyclable or compostable
single-use plastic packaging or food service
products with--
``(I) a nonrecyclable or
noncompostable single-use plastic
packaging or food service products; or
``(II) single-use plastic packaging
or food service products that are less
likely to be recycled or composted; or
``(ii) switching from virgin single-use
plastic packaging or food service products to
plastic post-consumer recycled material.
``(30) Toxic substance.--
``(A) In general.--The term `toxic substance' means
any substance, mixture, or compound that--
``(i) may cause--
``(I) personal injury or disease to
humans through ingestion, inhalation,
or absorption through any body surface;
or
``(II) adverse impacts on the
environment; and
``(ii) satisfies 1 or more of the
conditions described in subparagraph (B).
``(B) Conditions.--The conditions referred to in
subparagraph (A)(ii) are the following:
``(i) The substance, mixture, or compound
is subject to reporting requirements under--
``(I) the Emergency Planning and
Community Right-To-Know Act of 1986 (42
U.S.C. 11001 et seq.);
``(II) the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.
9601 et seq.); or
``(III) section 112(r) of the Clean
Air Act (42 U.S.C. 7412(r)).
``(ii) The National Institute for
Occupational Safety and Health, the
Occupational Safety and Health Administration,
the National Toxicology Program, the Centers
for Disease Control and Prevention, the
Administrator of Health and Human Services, the
National Institute for Environmental Health
Sciences, or the Environmental Protection
Agency has established that the substance,
mixture, or compound poses an acute or chronic
health hazard, including developmental,
reproductive, or endocrine effects.
``(iii) The National Institute for
Occupational Safety and Health or the
Environmental Protection Agency has recognized
that the substance, mixture, or compound may
increase the risk of developing a latent
disease.
``(iv) The substance, mixture, or compound
is--
``(I) a perfluoroalkyl or
polyfluoroalkyl substance;
``(II) an orthophthalate;
``(III) a bisphenol compound (but
not including an alkyl-substituted
bisphenol compound generated through a
xylenol-aldehyde process);
``(IV) a halogenated or nanoscale
flame-retardant chemical;
``(V) UV 328 (2-(2H-benzotriazol-2-
yl)-4,6-di-tert-pentylphenol);
``(VI) a chlorinated paraffin;
``(VII) listed as a persistent
organic pollutant by the Stockholm
Convention on Persistent Organic
Pollutants;
``(VIII) given an overall
carcinogenicity evaluation of Group 1,
Group 2A, or Group 2B by the
International Agency for Research on
Cancer; or
``(IX) listed as a toxic,
poisonous, explosive, corrosive,
flammable, ecotoxic, or infectious
waste by the Basel Convention on the
Control of Transboundary Movements of
Hazardous Wastes and Their Disposal,
done at Basel, Switzerland, March 22,
1989.
``(v) The substance, mixture, or compound
is a chemical or chemical class that, as
determined by the Administrator, has been
identified by a Federal agency, State agency,
or international intergovernmental agency as
being 1 or more of the following:
``(I) A carcinogen, mutagen,
reproductive toxicant, immunotoxicant,
neurotoxicant, or endocrine disruptor.
``(II) A persistent
bioaccumulative.
``(III) A chemical or chemical
class that may--
``(aa) harm the normal
development of a fetus or child
or cause other developmental
toxicity in humans or wildlife;
``(bb) harm organs or cause
other systemic toxicity; or
``(cc) have an adverse
impact on--
``(AA) air quality;
``(BB) ecology;
``(CC) soil
quality; or
``(DD) water
quality.
``(IV) A chemical or chemical class
that has toxicity equivalent to the
toxicity reflected in a criterion
described in any of subclauses (I)
through (III).
``(31) United states.--The term `United States', when used
in a geographical sense, means all of the States.
``PART I--EXTENDED RESPONSIBILITY
``SEC. 12101. EXTENDED RESPONSIBILITY.
``(a) Participation in Organization Required.--
``(1) In general.--Except as provided in subsection (b),
effective beginning on February 1, 2025, each producer of a
covered product or beverage container that is sold,
distributed, or imported into the United States shall--
``(A) participate as a member of 1 or more
Organizations, based on category of covered products or
beverage containers, for which a Plan is approved by
the Administrator; and
``(B) pursuant to that participation, achieve the
performance targets described in paragraph (2).
``(2) Performance targets.--The performance targets
referred to in paragraph (1)(B) are the following, with respect
to the covered products and beverage containers subject to the
responsibility of the applicable producer:
``(A) All plastic covered products and beverage
containers have been subject to source reduction in
accordance with section 12105.
``(B) Effective beginning on January 1, 2033, all
covered products and beverage containers are reusable,
recyclable, or compostable.
``(C) All covered products and beverage containers
achieve compliance with section 12113.
``(D) The following recycling rates (by category of
covered product or beverage container) are achieved for
each covered product and beverage container:
``(i) Not less than 50 percent by January
1, 2030.
``(ii) Not less than 65 percent by January
1, 2040.
``(iii) Not less than 75 percent by January
1, 2050.
``(b) Exemptions.--A producer of a covered product or beverage
container, including a producer that operates as a single point of
retail sale and is not supplied by, or operated as part of, a
franchise, shall not be subject to this part if the producer--
``(1)(A) for fiscal year 2023, had an annual revenue of
less than $1,000,000; and
``(B) for fiscal year 2024 and each fiscal year thereafter,
has an annual revenue of less than the applicable amount under
section 12108(c) during the preceding fiscal year, as adjusted
to reflect changes for the 12-month period ending on the
preceding November 30 in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor; or
``(2) is the producer of less than 1 ton of covered
products or beverage containers in commerce each year.
``(c) Enforcement.--
``(1) Prohibition.--Except as provided in subsection (b),
it shall be unlawful for any producer to sell, use, or
distribute any covered product or beverage container in
commerce except in compliance with this part.
``(2) Civil penalty.--A producer that violates paragraph
(1) shall be subject to a fine--
``(A) for each violation;
``(B) for each day that a violation occurs; and
``(C) in an aggregate amount of not more than
$70,117.
``(3) Injunctive relief.--The Administrator may bring a
civil action to enjoin the sale, distribution, or importation
into the United States of a covered product or beverage
container in violation of this part.
``(4) State enforcement.--The Administrator may permit a
State to carry out enforcement under paragraph (2) or (3) if
the Administrator determines that the State meets such
requirements as the Administrator may establish, subject to the
condition that any fine collected by a State pursuant to
paragraph (2) shall be deposited in the Reduction and Litter
Cleanup Trust Fund established by section 12112(b).
``(d) Categories.--The Administrator, in consultation with
Organizations, shall promulgate regulations to establish, for purposes
of this part--
``(1) such categories of covered products as the
Administrator determines to be appropriate; and
``(2) a single category for beverage containers.
``(e) Inapplicability of Antitrust Laws.--The antitrust laws (as
defined in the first section of the Clayton Act (15 U.S.C. 12)) shall
not apply to a producer or Organization that carries out any activity
in accordance with an approved Plan if the activity is necessary to
develop and implement the Plan.
``(f) Regulations.--Not later than 1 year after the date of
enactment of this subtitle, the Administrator shall promulgate such
regulations as the Administrator determines to be necessary to
implement, administer, and enforce this part, including methods and
processes for--
``(1) collecting information necessary to ensure an
accurate baseline under section 12105(b); and
``(2) determining compliance with the requirements of this
part.
``SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS.
``(a) Participation.--
``(1) In general.--For each category of covered products or
beverage containers sold, distributed, or imported into the
United States by a producer, the producer shall establish a
new, or join an existing, Producer Responsibility Organization.
``(2) Multiple organizations.--A producer may participate
in--
``(A) more than 1 Organization, if each
Organization is established for a different category of
covered products or beverage containers subject to the
responsibility of the producer; but
``(B)(i) only 1 national Organization with respect
to each category of covered products;
``(ii) only 1 national Organization with respect to
beverage containers; and
``(iii) only 1 regional Organization with respect
to beverage containers and each category of covered
products for each region in which the beverage
containers or covered products, respectively, are sold.
``(3) New producers.--
``(A) In general.--A producer that commences
operation in the United States, or that produces a
covered product or beverage container that is new to
the producer in the United States, after the date of
approval of Organizations under subsection (b) shall
establish a new, or join an existing, Organization for
the applicable category of covered products or beverage
containers.
``(B) Approval.--A new Organization established
pursuant to subparagraph (A) shall be approved or
disapproved by the Administrator in accordance with
subsection (b).
``(b) Approval by Administrator.--
``(1) In general.--The establishment of an Organization
pursuant to subsection (a) shall be subject to the approval of
the Administrator.
``(2) Application.--Not later than January 1, 2025, the
governing body of each Organization shall submit to the
Administrator an application describing the means by which the
Organization meets the criteria described in paragraph (3).
``(3) Criteria.--The Administrator may approve the
establishment of an Organization only if the Administrator
determines that the Organization--
``(A) has a governing board consisting of producers
that represent the diversity of applicable covered
products or beverage containers, as applicable, in the
market; and
``(B) demonstrates that the Organization has in
effect adequate financial responsibility and financial
controls, including fraud prevention measures and an
audit schedule, to ensure proper management of funds.
``(4) Additional organizations.--After January 1, 2035, on
a determination by the Administrator that additional
Organizations would be beneficial in satisfying the
requirements of this part, the Administrator may approve
additional Organizations that meet the requirements of this
subsection.
``(5) Revocation.--
``(A) In general.--The Administrator shall revoke
approval of an Organization under this subsection if
the Administrator determines that the Organization--
``(i) ceases to meet the requirements of
this part, including the criteria described in
paragraph (3); or
``(ii) fails to implement and administer an
approved Plan in a manner that effectuates the
purposes of this part.
``(B) Replacement.--If the Administrator revokes
approval of an Organization pursuant to subparagraph
(A), the Administrator may approve 1 or more additional
Organizations to carry out the responsibilities of the
revoked Organization under this part for the applicable
category of covered products or beverage containers,
subject to the criteria described in paragraph (3).
``(c) Duties.--An Organization shall act as an agent, and on
behalf, of each producer that is a member of the Organization to carry
out the responsibilities of the producer under this part with respect
to the applicable category of covered products or beverage containers.
``(d) Coordination.--If more than 1 Organization is established
under subsection (a) with respect to a category of covered products or
beverage containers, the Administrator shall, as necessary, establish a
process to require coordination among those Organizations.
``(e) Nonprofit Status.--Each Organization shall be--
``(1) established and operated as an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986; and
``(2) exempt from taxation under 501(a) of that Code.
``SEC. 12103. PRODUCT STEWARDSHIP PLANS.
``(a) In General.--Not later than 180 days after the date on which
an Organization is approved under section 12102(b), the Organization
shall develop and submit to the Administrator a Product Stewardship
Plan, together with a budget, that describes the means by which the
Organization will carry out the responsibilities of the Organization
under this part.
``(b) Requirements.--
``(1) In general.--Each Plan shall include, at a minimum--
``(A) contact information for the Organization
submitting the Plan;
``(B) a list of participating producers represented
by the Organization, including individual contact
information for each such producer;
``(C) a description, together with objective and
measurable criteria, to the maximum extent practicable,
of--
``(i) each category of covered products or
beverage containers covered by the Plan and the
quantity (by number and weight) of each covered
product or beverage container in each category;
``(ii) the means by which the Organization
will--
``(I) meet the criteria described
in section 12102(b)(3);
``(II) in an economically efficient
and practical manner, provide for the
necessary infrastructure and viable
responsible end markets based on the
most-recent needs assessment under
section 12107; and
``(III) use existing collection
programs and reuse, recycling,
composting, sorting, and processing
infrastructure, to the maximum extent
practicable;
``(iii) a source reduction plan under
section 12105(a);
``(iv) the means by which each applicable
type of covered product or beverage container
will be collected to meet the performance
targets described in section 12101(a)(2);
``(v) consumer education plans in
accordance with section 12111;
``(vi) a customer service process, such as
a process for answering customer questions and
resolving issues;
``(vii) sound management practices for
worker health and safety;
``(viii) the means by which participating
producers will work with, improve, and fund
existing reuse, recycling, composting, litter
cleanup, sorting, and processing
infrastructure;
``(ix) measures to mitigate fraud; and
``(x) the means by which participating
producers will consult with the Federal
Government, units of State and local
government, and other stakeholders;
``(D) subject to paragraph (2), a budget designed
to fully fund the costs to carry out this part,
including all costs associated with the implementation
of the Plan, including--
``(i) reimbursing the Administrator for
costs, as required;
``(ii) reimbursing members of an advisory
committee;
``(iii) administering the Organization;
``(iv) investments--
``(I) identified in the source
reduction plan or needs assessment;
``(II) to develop sustainable
responsible end markets for each
covered product or beverage container
category included in the Plan; or
``(III) otherwise necessary to meet
the criteria described in section
12102(b)(3); and
``(v) environmental mitigation activities;
``(E) a structure and schedule for fees paid by
participating producers in accordance with section
12104, including the method of calculation of the fee
and a description of the process by which the
Organization shall collect the fee from those
producers; and
``(F) a closure or transfer plan to settle the
affairs of the Organization that--
``(i) ensures that participating producers
will continue to meet the obligations of the
producers in the event of--
``(I) dissolution of the
Organization; or
``(II) revocation of approval by
the Administrator; and
``(ii) describes a process for notifying
the Administrator, relevant advisory
committees, and relevant contractors of such a
dissolution or revocation.
``(2) Limitations on budget.--An Organization may not
expend any revenues collected by the Organization--
``(A) to pay a civil penalty;
``(B) to pay costs associated with litigation
between or among producers, the Organization, or units
of government;
``(C)(i) to provide compensation to a
representative of the Organization relating to the
passage, defeat, approval, or modification of proposed
Federal, State, or local legislation; or
``(ii) for any paid advertisement during a 30-day
period occurring before or during a Federal, State, or
local legislative session for the purposes of
encouraging the passage, defeat, approval, or
modification of proposed legislation; or
``(D) to support or invest in an excluded recycling
technology described in subparagraph (B) of section
12001(20).
``(c) Approval.--Not later than 90 days after the date of receipt
of a Plan under subsection (a), the Administrator shall--
``(1) approve or disapprove the Plan; and
``(2) notify the applicable Organization of the
determination of the Administrator under paragraph (1).
``(d) Implementation.--An Organization shall commence implementing
the Plan of the Organization on the later of--
``(1) the date that is 60 days after receiving a
notification of approval of the Plan under subsection (c)(2);
and
``(2) August 1, 2025.
``(e) Expiration.--A Plan--
``(1) shall expire on the date that is 5 years after the
date on which the Plan is approved under subsection (c); and
``(2) may be renewed.
``(f) Revisions.--The Administrator may require a revision to a
Plan before the expiration of the Plan under subsection (e)(1) if the
Administrator determines that--
``(1) the performance targets described in section
12101(a)(2) are not being met; or
``(2) a change in circumstances has occurred that warrants
the revision.
``SEC. 12104. MEMBERSHIP FEES.
``(a) Establishment.--
``(1) In general.--Each Organization shall establish a fee
for producers participating in the Organization (referred to in
this section as `members') to ensure that--
``(A) the requirements of this part are met; and
``(B) the Plan of the Organization is completely
implemented.
``(2) Schedule.--A fee under this subsection shall be
assessed in accordance with a schedule developed by the
applicable Organization under subsection (c) to ensure that the
budget of the Organization, as included in the Plan of the
Organization, is fully funded.
``(3) Prohibition.--A fee under this subsection shall not
be passed on to any consumer as a separate item on a receipt or
invoice.
``(b) Payment.--Each member of an Organization shall--
``(1) pay to the Organization the fee required under this
section; and
``(2) on request, provide to the Organization records and
other information necessary for the Organization to meet the
requirements under this part.
``(c) Fee Schedule.--
``(1) In general.--A fee under this section shall be
assessed in accordance with a fee schedule, which shall include
the following:
``(A) Individual assessments imposed on a member
due to unique characteristics of the covered products
or beverage containers subject to the responsibility of
the member, as described in paragraph (2).
``(B) Any adjustments pursuant to subsection
(d)(2).
``(C) Reimbursement to the Administrator for costs.
``(D) Reimbursement to a relevant advisory
committee.
``(E) Fees associated with environmental mitigation
activities under section 12112.
``(F) The costs of administering the Organization,
including the costs associated with staff and the
development and implementation of the Plan.
``(2) Factors.--A fee schedule under paragraph (1) shall be
delineated by category of covered product or beverage
container, based on the following factors:
``(A) The costs to ensure each category meets the
requirements of this part, subject to the condition
that a covered product or beverage container that is
easier and less expensive to reuse, recycle, or
compost, or that is designed to be recycled into a
similar covered product, beverage container, or
material that is easier to be composted, shall be
subject to lower fees, including fees that reflect--
``(i) costs to develop and sustain viable
responsible end markets for each category;
``(ii) costs--
``(I) to collect, sort, avoid, or
remove contamination; and
``(II) to aggregate and transport
the covered product or beverage
container into defined streams to
support viable responsible end markets
for remanufacturing of the covered
product or beverage container through--
``(aa) curbside collection;
or
``(bb) other means;
``(iii) costs incurred by local governments
or recycling service providers--
``(I) to process and transport
covered products or beverage containers
in a manner and quality sufficient for
acceptance by viable responsible end
markets, including costs to reduce or
mitigate the rate of inbound
contamination by noncertified,
compostable products at composting
facilities, which may vary by locality;
``(II) to carry out waste stream
sampling and reporting activities
required under this part; and
``(III) to provide to ratepayers
information relating to improving the
preparation and sorting, as needed, of
covered products or beverage
containers; and
``(iv) other costs necessary to implement
the Plan and achieve compliance with this part,
including ensuring that implementation avoids
or minimizes negative environmental or public
health impacts on disadvantaged or low-income
communities and rural areas.
``(B) If recycling or composting of a covered
product or beverage container is made more difficult by
the incorporation of 1 or more specific elements,
including inks, labels, and adhesives, that may be
detrimental to recycling or composting (as determined
in accordance with the design guide of the Association
of Plastic Recyclers or another relevant industry
association or criteria established by the
Administrator), the fee for that covered product or
beverage container shall be sufficient to account for
the increased cost to manage that covered product or
beverage container.
``(C) The commodity value of the covered product or
beverage container based on an independent index or the
reported commodity value of materials of equivalent
quality to the covered product or beverage container.
``(D) Costs incurred by the Organization to assist
members to meet the source reduction requirements under
section 12105.
``(d) Adjustments.--
``(1) Fee.--The amount of a fee under subsection (a) shall
be adjusted using malus fees or credits for members, based on
any of the following, as applicable:
``(A) The percentage of post-consumer recycled
material in the covered products or beverage containers
subject to the responsibility of the member, in a
manner that ensures that the percentage of post-
consumer recycled material shall be validated through
an independent third party approved by the
Administrator in order to ensure that the percentage
exceeds the minimum requirements for the covered
product or beverage container, subject to the condition
that the recycled content shall not disrupt the
potential for future recycling.
``(B) Standardization of packaging materials that
simplifies the processing, marketing, sorting, and
recycling or composting of covered products or beverage
containers.
``(C) Any actions carried out by the member to
accelerate source reduction and invest in sustained and
robust reuse and refill systems beyond the actions
required under section 12105.
``(D) Certified compostable covered products or
beverage containers that do not contain toxic
substances shall be subject to a reduced fee, as
determined by the Organization.
``(2) Schedule.--An Organization shall adjust the fee
schedule under subsection (c)--
``(A) not less frequently than once each year; or
``(B) more frequently as necessary to meet the
budget of the Organization, as described in the Plan.
``SEC. 12105. SINGLE-USE PLASTIC SOURCE REDUCTION REQUIREMENTS.
``(a) Source Reduction Targets.--Each Organization shall develop
and implement a source reduction plan to achieve the following targets
for single-use plastic covered products and beverage containers:
``(1) Not later than January 1, 2032, a source reduction,
as compared to the baseline of the Organization determined
under subsection (b), of not less than--
``(A) 25 percent, by weight; and
``(B) 25 percent, by plastic component.
``(2) Not later than January 1, 2040, a source reduction,
as compared to the baseline of the Organization determined
under subsection (b), of not less than--
``(A) 40 percent, by weight; and
``(B) 40 percent, by plastic component.
``(3) Not later than January 1, 2050, a source reduction,
as compared to the baseline of the Organization determined
under subsection (b), of not less than--
``(A) 50 percent, by weight; and
``(B) 50 percent, by plastic component.
``(b) Baselines.--Not later than January 1, 2026, the Administrator
shall establish a baseline for purposes of the source reduction
requirements under subsection (a), taking into consideration the
quantity of single-use plastic covered products and beverage containers
(by weight and number of plastic components) sold, offered for sale, or
distributed in the United States during calendar year 2024.
``(c) Data.--Together with any Plan, update or revision to a Plan,
or annual report, each Organization shall submit to the Administrator
the following data, disaggregated by participating producer, with
respect to the period covered by the Plan, update, revision, or report:
``(1) The quantity of plastic covered products and beverage
containers sold, offered for sale, or distributed in the United
States, including the number of plastic components and weight
of the plastic covered products and beverage containers.
``(2) The number of plastic components and weight of
plastic covered products and beverage containers shifted to
refillable or reusable packaging or food service products.
``(3) The number of plastic components and weight of
plastic covered products and beverage containers eliminated.
``(4) The number of plastic components and weight of
plastic covered products and beverage containers shifted from
plastic covered products or beverage containers to nonplastic
covered products or beverage containers.
``(5) The number of plastic components and weight of
plastic covered products and beverage containers reduced
through concentration, right-sizing, and shifting to bulk or
large-format packaging that allows consumers to refill
residential or commercial reusable containers.
``(d) Evaluations.--
``(1) In general.--Not later than December 31, 2048, and
not less frequently than once every 5 years thereafter, the
Administrator shall conduct an evaluation of plastic covered
products and beverage containers subject to this section to
determine whether actions to achieve greater source reductions
are necessary.
``(2) Regulations.--If the number of plastic components or
weight of plastic covered products or beverage containers has
increased during the period covered by an evaluation under
paragraph (1), the Administrator shall promulgate regulations
to require the applicable Organizations to increase rates of
source reduction by--
``(A) shifting plastic covered products or beverage
containers to reusable or refillable packaging or food
service products; or
``(B) eliminating plastic components.
``SEC. 12106. ADVISORY COMMITTEES.
``(a) Establishment.--The Administrator shall establish 1 or more
advisory committees that reflect a range of interested and engaged
stakeholders representing the entire supply chain of covered products
and beverage containers, including--
``(1) collection service providers;
``(2) cleanup service providers;
``(3) recyclers;
``(4) composters; and
``(5) government entities.
``(b) Composition.--
``(1) In general.--At a minimum, an advisory committee
shall include representatives of--
``(A) producers, including trade associations;
``(B) States;
``(C) metropolitan areas, including--
``(i) small and large metropolitan areas;
and
``(ii) metropolitan areas located in urban
and rural areas;
``(D) counties (or equivalent jurisdictions),
including--
``(i) small and large counties; and
``(ii) urban and rural counties;
``(E) public sector recycling, composting, and
solid waste industries for the applicable type of
covered product or beverage container;
``(F) private sector recycling, composting, and
solid waste industries for the applicable type of
covered product or beverage container;
``(G) recycled feedstock users for the applicable
type of covered product or beverage container;
``(H) environmental organizations;
``(I) environmental justice organizations;
``(J) disability advocates;
``(K) reuse and refill system experts or operators;
``(L) Indian Tribes; and
``(M) environmental and human health scientists.
``(2) Requirements.--
``(A) In general.--Each individual serving on an
advisory committee may represent only 1 category
described in subparagraphs (A) through (M) of paragraph
(1).
``(B) Disproportionate representation.--The
Administrator shall ensure that no category described
in subparagraphs (A) through (M) of paragraph (1) has
disproportionate representation on an advisory
committee.
``(3) Date of appointment.--The Administrator shall appoint
all members to each advisory committee established under this
section not later than July 1, 2025.
``(4) Term.--The Administrator--
``(A) shall appoint the members of an advisory
committee for staggered 3-year terms; and
``(B) may reappoint such a member for 1 or more
additional terms.
``(5) Chairperson.--At the initial meeting of an advisory
committee, the advisory committee shall elect a chairperson,
who--
``(A) shall serve as chairperson for 1 year; and
``(B) may be reelected as chairperson.
``(c) Duties.--An advisory committee shall--
``(1) oversee 1 or more Organizations assigned to the
advisory committee by the Administrator;
``(2) review the Plan, and any revisions to the Plan, of
each such Organization;
``(3) submit to the applicable Organization a report
describing the results of the review under paragraph (2); and
``(4) submit to the applicable Organization and the
Administrator any reports, recommendations, or objections of
the advisory committee relating to a Plan, fee structure, or
other activities of an Organization.
``(d) Expenses.--
``(1) In general.--Each Organization overseen by an
advisory committee shall reimburse members of the advisory
committee who are representatives of community groups, Indian
Tribes, State and local governments, or nonprofit organizations
for expenses relating to participation on the advisory
committee.
``(2) Other members.--A member of an advisory committee not
described in paragraph (1) may be compensated by the applicable
Organization for travel expenses as necessary to ensure the
ability of the member to participate on the advisory committee.
``(3) Translation services.--The Organizations overseen by
an advisory committee shall be financially responsible for
providing to the advisory committee professional language
interpretation for oral communications, and translation for
written documents and notices, in any language spoken by more
than 5 percent of the population residing within a community
served by the advisory committee.
``SEC. 12107. REDUCTION, REUSE, AND RECYCLING NEEDS ASSESSMENT.
``(a) In General.--Not later than 1 year after the date of
enactment of this subtitle, and not less frequently than once every 5
years thereafter, the Administrator shall select, and enter into a
contract with, a qualified consultant (as determined by the
Administrator) under which the qualified consultant shall conduct a
packaging reduction, reuse, and recycling needs assessment (referred to
in this section as an `assessment'), in accordance with this section--
``(1) to identify barriers to, and opportunities for,
reducing, reusing, and recycling covered products and beverage
containers; and
``(2) to inform Plans and budgets of Organizations to
support the Organizations in achieving compliance with this
part.
``(b) Proposals.--
``(1) In general.--Subject to applicable Federal
competitive bidding requirements, the Administrator shall
solicit from qualified consultants proposals to enter into a
contract with the Administrator to conduct each assessment.
``(2) Requirements.--A proposal to enter into a contract
under paragraph (1) shall include, with respect to the period
covered by the proposed contract, a description of the means by
which the applicable qualified consultant will conduct the
assessment with respect to each element described in subsection
(c)(1).
``(3) Failure to select.--If the Administrator fails to
select a qualified consultant to conduct an assessment,
including due to a determination that no qualified consultant
has submitted a proposal that meets the requirements of this
subsection, by the applicable date described in subsection (a),
the Administrator shall designate an appropriate Federal
department or agency to conduct the assessment.
``(c) Requirements.--
``(1) Elements.--Each assessment shall evaluate, with
respect to the period covered by the assessment--
``(A) the current recycling, composting, and reuse
rate for each type of covered product and beverage
container;
``(B) the processing capacity, market conditions,
and opportunities for recyclable covered products and
beverage containers nationally, regionally, and
locally;
``(C) funding needs and actions necessary to
achieve the requirements of this part, including
payments to recyclers, market incentive payments, and
other payments;
``(D) barriers affecting covered product and
beverage container recycling access and availability,
and necessary actions and investments to overcome those
barriers;
``(E) the availability, or lack of availability, of
markets for recycled covered products and beverage
containers, the need to incentivize recycled or
composted materials market development, and the
associated investments and actions required to ensure
that covered products and beverage containers--
``(i) are recycled or composted; and
``(ii) have viable and sufficient
responsible end markets;
``(F) opportunities for, and barriers to, the
creation of reuse and refill systems for covered
products and beverage containers;
``(G) opportunities for the improvement of
recycling of covered products and beverage containers,
including the development of responsible end markets
for recycled covered products and beverage containers;
``(H) consumer education needs with respect to
source reduction, recycling, and reducing contamination
in recycling and reuse and refill systems;
``(I) the needs associated with shifting packaging
or food service products from a covered product
category that is unlikely to develop sustained viable
responsible end markets to a covered product category
that has a viable responsible end market or is likely
to develop a sustained viable responsible end market;
``(J) funding required to implement the source
reduction requirements under section 12105, including
investments needed--
``(i) to develop reuse and refill system
infrastructure; and
``(ii) to provide to consumers convenient
access to that infrastructure to expand and
market the use of reusable and refillable
covered products and beverage containers; and
``(K) infrastructure and activities required--
``(i) to implement a source reduction plan
under section 12105(a), including investments
in reuse, refill, and composting
infrastructure;
``(ii) to achieve recycling and composting
rates for all covered products and beverage
containers covered by the source reduction
plan; and
``(iii) to ensure covered products and
beverage containers are recyclable or
compostable.
``(2) Deadlines.--An assessment shall be submitted to the
Administrator--
``(A) for the initial assessment, not later than 2
years after the date of enactment of this subtitle; and
``(B) for each subsequent assessment, not later
than 5 years after the date on which the previous
assessment was submitted to the Administrator.
``(3) Cost.--The cost of an assessment shall be paid by the
Organizations responsible for the covered products or beverage
containers investigated as part of the assessment, in such
amounts and in accordance with such procedures as the
Administrator may establish, by regulation.
``(d) Reports.--Not later than 180 days after the date of receipt
of an assessment, the Administrator shall submit to Congress and each
affected Organization, and publish on the website of the Administrator,
a report that contains--
``(1) a summary of the assessment; and
``(2) a copy of the assessment, including all data on which
the assessment is based.
``SEC. 12108. NATIONAL BEVERAGE CONTAINER PROGRAM.
``(a) Responsibilities of Producers.--
``(1) In general.--Each producer of beverage containers
shall--
``(A) on delivery, charge to the retailer to which
the beverage container is delivered a deposit in the
amount of the applicable refund value described in
subsection (c); and
``(B) on redemption of an empty beverage container
by a retailer, pay to the retailer a refund in the
amount of the applicable refund value described in
subsection (c).
``(2) Use of deposits from unredeemed beverage
containers.--A producer shall use any amounts received as
deposits under paragraph (1)(A) for which an empty beverage
container is not redeemed for investment in collection,
recycling, and reuse infrastructure.
``(b) Responsibilities of Retailers.--
``(1) In general.--Except as provided in paragraph (2),
each retailer of beverage containers shall--
``(A) at the time of sale, charge to the customer
to which the beverage container is sold a deposit in
the amount of the applicable refund value described in
subsection (c);
``(B) on redemption of an empty beverage container
by a customer, pay to the customer a refund in the
amount of the applicable refund value described in
subsection (c);
``(C) accept a beverage container and pay a refund
under subparagraph (B)--
``(i) during any period that the retailer
is open for business; and
``(ii) regardless of whether the specific
beverage container was sold by the retailer;
and
``(D) in the case of a retailer the premises of
which is not less than 5,000 square feet, accept any
brand and size of beverage container and pay a refund
under subparagraph (B) for the beverage container,
regardless of whether the retailer sells that brand or
size of beverage container.
``(2) Exceptions.--
``(A) Dirty or damaged.--A retailer described in
paragraph (1) may refuse to accept a beverage container
and pay a refund under paragraph (1)(B) if the beverage
container--
``(i) visibly contains, or is contaminated
by, a substance other than--
``(I) water;
``(II) residue of the original
contents; or
``(III) ordinary dust; or
``(ii) is so damaged that the brand or
refund label appearing on the beverage
container cannot be identified.
``(B) Quantity limitation.--
``(i) Large retailers.--A retailer
described in paragraph (1)(D) may refuse to
accept and pay a refund under paragraph (1)(B)
for more than 250 beverage containers per
customer per day.
``(ii) Small retailers.--A retailer the
premises of which is less than 5,000 square
feet may refuse to accept and pay a refund
under paragraph (1)(B) for more than 50
beverage containers per customer per day.
``(C) Brand and size.--A retailer described in
subparagraph (B)(ii) may refuse to accept and pay a
refund under paragraph (1)(B) for a brand or size of
beverage container that the retailer does not sell.
``(D) Restaurants.--A retailer described in
paragraph (1) that is a restaurant may refuse to accept
and pay a refund under paragraph (1)(B) for a beverage
container that the retailer did not sell.
``(E) Other means of return.--The Administrator may
permit the establishment of convenience zones under
which each retailer within a convenience zone shall be
exempt from the requirements of this subsection if the
Administrator determines that the retailer--
``(i) is located within close proximity to
a redemption center; and
``(ii) shares the cost of the operation of
that redemption center with the applicable
producer.
``(c) Applicable Refund Value.--
``(1) In general.--The refund value referred to in
subsections (a) and (b) shall be established by the
Administrator, subject to the condition that the value shall be
not less than $0.10.
``(2) Adjustments.--Beginning on the date that is 3 years
after the date of enactment of this subtitle, the Administrator
may--
``(A) increase the refund value under paragraph (1)
to account for--
``(i) inflation; and
``(ii) other factors, such as a failure to
meet performance targets described in section
12105(a); or
``(B) decrease the refund value under paragraph (1)
to account for beverage containers that--
``(i) are specifically designed to be
reusable or refillable; and
``(ii) have a high reuse and refill rate.
``(3) Discretionary increases.--A producer of a beverage
container, or a State, may require a refund value that is more
than the applicable refund value established under this
subsection.
``(d) Labeling.--Each producer of beverage containers sold in the
United States shall ensure that the label of each such beverage
container includes a standardized, clearly visible description of the
applicable refund value under this section.
``(e) Responsibilities of Organizations.--
``(1) Collection and storage.--An Organization of producers
of beverage containers shall facilitate the collection and
storage of beverage containers that are returned to retailers
under this section by providing storage or other means to
collect the beverage containers until collection for recycling,
such as reverse vending machines or other options that are
convenient for consumers.
``(2) Redemption centers.--
``(A) In general.--An Organization of producers of
beverage containers shall establish and operate
redemption centers to accept beverage containers from
consumers.
``(B) Requirements.--A redemption center shall--
``(i) be staffed and available to the
public--
``(I) each day, other than a
Federal or local holiday; and
``(II) for not fewer than 10 hours
each day;
``(ii) accept--
``(I) any beverage container; and
``(II) up to 350 beverage
containers per person per day; and
``(iii) provide--
``(I) hand or automated counts
conducted by staff of the redemption
center;
``(II) a drop door for consumers to
deposit containers of mixed beverage
containers for staff of the redemption
center to count, for which the
redemption center may collect a
convenience fee; or
``(III) any other convenient means
of receiving and counting beverage
containers, as determined by the
Administrator.
``(3) Curbside collection.--An Organization may pay to an
entity that collects curbside recycling an amount equal to the
applicable refund value under subsection (c) for beverage
containers collected by the entity based on weight or another
measurement that approximates the amount of the refunds, as
negotiated by the Organization and the entity.
``(f) Excluded States.--
``(1) Definition of eligible state.--In this subsection,
the term `eligible State' means a State that--
``(A) has in effect, before the date of enactment
of this subtitle, a beverage container law the
requirements of which are substantially similar to the
requirements relating to beverage containers under this
part, as determined by the Administrator; and
``(B) enacts legislation after the date of
enactment of this subtitle to update the law described
in subparagraph (A) to be consistent with the refund
values under, and beverage containers covered by, this
part.
``(2) Compliance with state law.--In the case of an
eligible State, compliance with the law of the eligible State
by a producer, retailer, or Organization shall be considered to
be compliance with this section.
``(3) Conformity.--Each eligible State is encouraged to
negotiate with relevant Organizations with respect to updated
features of the beverage container-related laws of the eligible
State, such as sharing new revenue from increased deposits.
``SEC. 12109. ELIMINATION OF TOXIC SUBSTANCES IN BEVERAGE CONTAINERS
AND POST-CONSUMER RECYCLED MATERIAL.
``(a) Prohibition.--Effective beginning on the date that is 2 years
after the date of enactment of this subtitle, no retailer may sell,
offer for sale, or distribute any single-use beverage container that--
``(1) is composed wholly or partially of polyethylene
terephthalate;
``(2) is opaque or pigmented a color other than transparent
blue or transparent green;
``(3) contains polyethylene glycol; or
``(4) contains a toxic substance.
``(b) Requirements for Containing Recycled Content.--The
Administrator shall require each producer of plastic beverage
containers to ensure that the plastic beverage containers are composed
of--
``(1) by January 1, 2025, not less than 15 percent post-
consumer recycled material from United States sources;
``(2) by January 1, 2030, not less than 30 percent post-
consumer recycled material from United States sources;
``(3) by January 1, 2035, not less than 45 percent post-
consumer recycled material from United States sources;
``(4) by January 1, 2040, not less than 60 percent post-
consumer recycled material from United States sources; and
``(5) by such dates thereafter as the Administrator shall
establish, such percentage of post-consumer recycled material
from United States sources as the Administrator determines to
be appropriate, by regulation.
``(c) Penalty.--
``(1) In general.--A retailer or producer that violates a
prohibition under subsection (a) or (b), respectively, shall be
subject to a fine for each violation.
``(2) Treatment of product lines.--For purposes of this
section, each product line of beverage containers shall be
considered to be a separate violation of this section if any
beverage container included in the product line is a beverage
container described in subsection (a).
``(3) Maximum amount.--The amount of a fine under this
subsection shall be not more than $50,000 per violation.
``SEC. 12110. REPORTING AND AUDITING.
``(a) In General.--Not less frequently than annually, each
Organization shall prepare and publish on a publicly available website
a report that includes--
``(1) with respect to the covered products or beverage
containers sold or imported by any member of the Organization,
a description of, at a minimum--
``(A) the quantity of covered products or beverage
containers sold or imported and collected (by
submaterial type and State) for--
``(i) the calendar year covered by the
report; and
``(ii) each preceding calendar year;
``(B) management of those covered products or
beverage containers, including recycling rates (by
submaterial type), for--
``(i) the calendar year covered by the
report; and
``(ii) each preceding calendar year;
``(C) data relating to the final destination and
quantity of reclaimed covered products or beverage
containers (by submaterial type), including the form of
any covered products or beverage containers exported;
``(D) contamination in the recycling stream of the
covered products or beverage containers;
``(E) relevant collection service vendors and
collection locations, including--
``(i) the geographical distribution of
collection;
``(ii) the proximity of those vendors and
locations to population centers;
``(iii) hours of operation;
``(iv) actions taken to reduce barriers to
collection by expanding curbside collection or
facilitating drop-offs; and
``(v) frequency of collection availability;
``(F) progress made toward achieving compliance
with the requirements of this part, including the
quantity of covered products or beverage containers
that have been source-reduced through elimination or
replacement by reusable covered products or beverage
containers (by submaterial type and State), for--
``(i) the calendar year covered by the
report; and
``(ii) each preceding calendar year for
which a report under this subsection was
prepared; and
``(G) additional efforts to reduce environmental
impacts, including greenhouse gas emissions, at each
lifecycle stage of the covered products or beverage
containers; and
``(2) the budget of the Organization;
``(3) a description of any outreach and education efforts
under section 12111 conducted during the calendar year covered
by the report, including the results of those efforts;
``(4) a description of any customer service efforts
conducted during the calendar year covered by the report,
including the results of those efforts;
``(5) the status of packaging innovation and design
characteristics implemented to prevent littering, make covered
products or beverage containers reusable or refillable, or
reduce overall covered product and beverage container waste;
and
``(6) any other information that the Administrator
determines to be appropriate.
``(b) Consistency.--Organizations shall coordinate reporting under
subsection (a), to the maximum extent practicable, to provide for
consistency of information across a category of covered products or
beverage containers.
``(c) Audits.--Not less frequently than once every 2 years, the
Administrator shall conduct an audit of--
``(1) collection and recycling of covered products and
beverage containers under this part to provide an accounting of
any collection or recycling efforts that are not conducted by a
producer or an Organization; and
``(2) covered products and beverage containers of brand
names found in litter to provide for an accounting of covered
products, beverage containers, and other litter that continues
to create pollution.
``(d) Reductions in State and Local Taxes.--Not later than February
1, 2027, and annually thereafter, the Administrator shall prepare and
make publicly available a report describing--
``(1) the effect of this part on costs incurred by units of
State and local government for the management and cleanup of
covered products and beverage containers; and
``(2) any reductions in State or local taxes as a result of
a reduction in costs described in paragraph (1).
``SEC. 12111. PUBLIC OUTREACH AND EDUCATION.
``(a) In General.--Each Organization shall conduct public outreach
activities to provide to consumers educational and informational
materials relating to the quantity of covered products and beverage
containers recycled, reducing the quantity of covered products and
beverage containers discarded, and participating in reuse and refill
systems, including, at a minimum--
``(1) proper end-of-life management of covered products and
beverage containers;
``(2) the location and availability of curbside and drop-
off collection opportunities;
``(3) the location and availability of reuse and refill
systems;
``(4) methods to prevent litter of covered products and
beverage containers; and
``(5) reuse, recycling, and composting instructions that
are--
``(A) consistent with the recycling and composting
receptacle labeling requirements under section 12225;
``(B) consistent nationwide, except as necessary to
take into account differences among State and local
laws;
``(C) easy to understand; and
``(D) easily accessible, including availability in
multiple languages to reach a diverse ethnic
population.
``(b) Requirements.--The public outreach and education activities
under this section shall--
``(1) be designed to achieve the management goals for
covered products and beverage containers under this part,
including the prevention of contamination by covered products
and beverage containers in other management systems or other
materials;
``(2) use all available forms of media, including
television, radio, print, electronic, and web-based media, to
provide information directly to consumers, in multiple
languages;
``(3) be coordinated with units of local government to
incorporate electronic, print, web-based, and social media
elements that a local government may elect to use to provide
education directly to residents;
``(4) be provided to producers for inclusion on packaging
labels to inform consumers regarding methods to responsibly
reuse, recycle, or dispose of the packaging; and
``(5) be coordinated with other Organizations, as
applicable--
``(A) to avoid consumer confusion; and
``(B) to facilitate the consolidation of available
resources.
``(c) Additional Educational Materials.--In addition to public
outreach and education activities under this section, an Organization
may provide to producers and retailers educational materials relating
to the responsible reduction, reuse, recycling, or composting of
covered products and beverage containers through--
``(1) printed materials, signage, and templates of
materials that can be reproduced by retailers and provided to
consumers at the time of purchase; and
``(2) advertising materials that promote and encourage the
proper reuse, recycling, and disposal of covered products and
beverage containers.
``SEC. 12112. REDUCTION AND LITTER CLEANUP TRUST FUND.
``(a) Definitions.--In this section:
``(1) Resin maker.--The term `resin maker' means an entity
that--
``(A) transforms petrochemical gas and liquids into
ethylene and propylene for later conversion into
plastic polymers;
``(B) transforms ethylene and propylene into any
other chemical for later conversion into plastic
polymers; or
``(C) polymerizes petrochemical feedstocks,
including ethylene, ethylene glycol, terephthalic acid,
propylene, vinyl chloride, styrene, phenol,
formaldehyde, and acetonitrile, into polymers.
``(2) Trust fund.--The term `Trust Fund' means the
Reduction and Litter Cleanup Trust Fund established by
subsection (b).
``(b) Establishment.--There is established in the Treasury of the
United States a trust fund, to be known as the `Reduction and Litter
Cleanup Trust Fund', to be administered by the Administrator.
``(c) Amounts.--The Trust Fund shall consist of such amounts as are
deposited in the Trust Fund under subsection (d)(2).
``(d) Fees; Deposits.--
``(1) Fees.--
``(A) In general.--In accordance with such formulas
and procedures as the Administrator may establish, the
Administrator, in consultation with the Secretary of
the Treasury, shall assess against--
``(i) each producer an annual fee based on
the quantity of plastic covered products or
beverage containers manufactured, distributed,
sold, or imported by the producer during the
preceding calendar year; and
``(ii) each resin maker an annual fee based
on the quantity of plastic resin or plastic
resin feedstocks manufactured, distributed,
sold, or imported by the resin maker during the
preceding calendar year.
``(B) Method of payment.--A producer or resin maker
may pay a fee assessed under subparagraph (A)--
``(i) individually; or
``(ii) through the applicable Organization
of which the producer or resin maker is a
member.
``(2) Deposits.--The following amounts shall be deposited
in the Trust Fund:
``(A) An amount equal to the amounts collected as
fees under paragraph (1).
``(B) An amount equal to the amounts collected as
fines under sections 12101(c)(2), 12109(c), 12113(c),
and 12114(d).
``(C) Any late payments, interest, and such other
amounts authorized to be collected pursuant to section
3717 of title 31, United States Code, relating to a fee
or fine described in subparagraph (A) or (B).
``(e) Availability.--Amounts in the Trust Fund shall--
``(1) only be available to the extent and in the amount
provided in advance in appropriations Acts;
``(2) be used for the costs of carrying out this part, in
accordance with subsection (f); and
``(3) remain available until expended.
``(f) Expenditures From Trust Fund.--
``(1) In general.--Subject to paragraph (2), the
Administrator shall use amounts in the Trust Fund to make
grants for activities relating to--
``(A) reuse and refill infrastructure;
``(B) litter cleanup; and
``(C) environmental remediation.
``(2) Allocation.--Of the amounts in the Trust Fund, the
Administrator shall ensure that, for each fiscal year--
``(A) not less than 40 percent is used for
environmental remediation, of which not less than 50
percent shall be used to carry out projects that
primarily benefit environmental justice communities;
and
``(B) not less than 60 percent is used to mitigate
historic and continued impacts on environmental justice
communities, of which not less than 75 percent shall be
used to directly and primarily benefit environmental
justice communities.
``SEC. 12113. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS.
``(a) Prohibition.--Effective beginning on the date that is 4 years
after the date of enactment of this subtitle, no producer may sell,
offer for sale, or distribute in the United States--
``(1) any packaging that contains a toxic substance; or
``(2) any prohibited plastic packaging.
``(b) Designation of New Toxic Substances.--
``(1) In general.--Not later than 180 days after the date
on which the Administrator designates a substance, mixture, or
compound as a toxic substance, the Administrator shall
promulgate regulations to prohibit that toxic substance in
packaging.
``(2) Effective date.--The effective date of regulations
promulgated pursuant to paragraph (1) relating to a toxic
substance shall be not later than 2 years after the date of
designation of the toxic substance under that paragraph.
``(c) Penalty.--
``(1) In general.--A producer that violates this section
shall be subject to a fine for each violation.
``(2) Treatment of product lines.--For purposes of this
subsection, each product line sold, offered for sale, or
distributed to consumers by a producer shall be considered to
be a separate violation of this section.
``(3) Maximum amount.--The amount of a fine under this
subsection shall be not more than $50,000 per violation.
``SEC. 12114. ENFORCEMENT.
``(a) In General.--The Inspector General of the Environmental
Protection Agency, in consultation with the Administrator and the
Attorney General (referred to in this section as the `Inspector
General')--
``(1) shall evaluate each Organization not less frequently
than annually to ensure that--
``(A) the Organization is implementing the Plan of
the Organization in a manner that meets the
requirements of this part; and
``(B) each producer participating in the
Organization is in compliance with the applicable
requirements of this part; and
``(2) may commence an enforcement action against--
``(A) any Organization, as necessary; and
``(B) any participating producer that is not in
compliance with an applicable requirement of this part.
``(b) Investigations.--In an evaluation under subsection (a)(1),
the Inspector General may, as the Inspector General determines to be
appropriate--
``(1) conduct investigations, including by inspecting
operations, facilities, and records of--
``(A) an Organization; or
``(B) a producer participating in an Organization;
and
``(2) audit an Organization or any participating producer.
``(c) Notice.--The Inspector General shall submit to each
applicable Organization and producer, as applicable, a notice
describing--
``(1) any relevant conduct or practice that does not comply
with an applicable requirement of this part; and
``(2) any inconsistency identified as a result of an audit
under subsection (b)(2).
``(d) Penalty.--
``(1) In general.--An Organization, and any producer, that
violates an applicable requirement of this part shall be
subject to a fine for each violation.
``(2) Treatment of product lines.--For purposes of this
section, each product line sold, offered for sale, or
distributed to consumers by a producer shall be considered to
be a separate violation of this part.
``(3) Maximum amount.--The amount of a fine under this
subsection shall be not more than $100,000 per day for each
violation.
``(e) Citizen Suits.--
``(1) In general.--In accordance with applicable Federal
law, subject to the provision to the respondent of appropriate
notice, any citizen of the United States may commence in a
United States district court of competent jurisdiction an
action against any individual or entity, a producer, an
Organization, the Administrator, or the Inspector General to
enforce this part.
``(2) Administrator as intervenor.--In any action filed
pursuant to this subsection to which the Administrator is not a
party, the Administrator may intervene as a matter of right.
``PART II--REDUCTION OF SINGLE-USE PRODUCTS
``Subpart A--Prohibitions on Single-use Plastic Bags and Polystyrene
Foam Food Service Products; Accessories on Request
``SEC. 12201. DEFINITIONS.
``In this subpart:
``(1) Carryout bag.--
``(A) In general.--The term `carryout bag' means a
bag provided to a customer by a retail establishment or
food service business for the purpose of transporting
groceries, a prepared food, or a retail good.
``(B) Exclusions.--The term `carryout bag' does not
include--
``(i) a paper bag provided by a pharmacy to
a customer purchasing a prescription
medication;
``(ii) a bag without handles that is--
``(I) used to protect items from
damaging or contaminating other
purchased items placed in a recycled
paper bag or a reusable grocery bag; or
``(II) designed to be placed over
articles of clothing on a hanger;
``(iii) a bag used solely to contain a live
animal, such as a fish or insect sold at a pet
store or bait shop;
``(iv) a newspaper bag; or
``(v) a bag provided to contain an
unwrapped food item.
``(2) Food service business.--
``(A) In general.--The term `food service business'
means a commercial entity that sells or provides food
for consumption on or off the premises of the entity.
``(B) Inclusions.--The term `food service business'
includes a restaurant, cafe, delicatessen, coffee shop,
convenience store, grocery store, vending truck or
cart, food truck, movie theater, and business or
institutional cafeteria, including such a business
operated by, or on behalf of, any governmental entity.
``(3) Polystyrene foam food service product.--
``(A) In general.--The term `polystyrene foam food
service product' means a food service product made
wholly or partially of a material described in
subparagraph (B).
``(B) Description of material.--A material referred
to in subparagraph (A) is blown polystyrene, and any
expanded and extruded foam of that polystyrene, that
is--
``(i) a thermoplastic petrochemical
material made using a styrene monomer; and
``(ii) processed by a technique such as--
``(I) fusion of polymer spheres
(commonly known as `expandable bead
polystyrene');
``(II) injection molding;
``(III) foam molding; or
``(IV) extrusion-blow molding
(commonly known as `extruded foam
polystyrene').
``(C) Inclusions.--The term `polystyrene foam food
service product' includes a food container, a plate, an
egg carton, a hot or cold beverage cup, a meat, fish,
seafood, or vegetable tray, and cutlery.
``(4) Prepared food.--
``(A) In general.--The term `prepared food' means a
food or beverage that is serviced, packaged, cooked,
chopped, sliced, mixed, brewed, frozen, squeezed, or
otherwise prepared for an individual customer or
consumer.
``(B) Exclusions.--The term `prepared food' does
not include--
``(i) a raw egg;
``(ii) butchered meat;
``(iii) butchered fish or seafood; or
``(iv) butchered poultry.
``(5) Retail establishment.--
``(A) In general.--The term `retail establishment'
means a store or premises at which a person is engaged
in the business of selling or providing directly to
customers at retail pricing--
``(i) merchandise, goods, groceries,
prepared food, or beverages, for consumption
off-premises; or
``(ii) the servicing of an item.
``(B) Inclusions.--The term `retail establishment'
includes--
``(i) a grocery store;
``(ii) a department store;
``(iii) a pharmacy;
``(iv) a convenience store;
``(v) a restaurant;
``(vi) a coffee shop;
``(vii) a seasonal or temporary business,
including a farmers' market and a public
market;
``(viii) a food truck or other motor
vehicle, mobile canteen, trailer, market
pushcart, or moveable roadside stand used by a
person from which to engage in selling or
providing described in subparagraph (A)
directly with customers, without a storefront,
including a business delivering prepared foods
or other food items, a web-based or catalog
business, and a delivery service used by a
retail establishment; and
``(ix) a nonprofit organization, charity,
or religious institution that--
``(I) has a retail establishment;
and
``(II) holds itself out to the
public as engaging in retail activities
that are characteristic of similar type
retail businesses, regardless of
whether such an activity is carried out
on a for-profit basis.
``(6) Reusable.--The term `reusable', with respect to a
carryout bag, means that the carryout bag is--
``(A) a sewn bag with stitched handles;
``(B) made of cloth or another machine-washable
fabric, other than polyethylene or polyvinyl chloride;
``(C) specifically designed and manufactured for
not fewer than 175 uses; and
``(D) capable of carrying contents weighing 25
pounds or more for a distance of 300 feet or more.
``(7) Single-use paper bag.--The term `single-use paper
bag' means a paper bag that--
``(A) is 100-percent recyclable;
``(B) contains--
``(i) for a paper bag weighing 8 pounds or
less, not less than 20 percent post-consumer
recycled material; and
``(ii) for a paper bag weighing more than 8
pounds, not less than 40 percent post-consumer
recycled material; and
``(C) displays, in a visible manner on the outside
of the paper bag--
``(i) the word `Recyclable'; and
``(ii) the phrase `Made from ___ percent
post-consumer recycled material', the blank
space being filled in with the appropriate
percentage of post-consumer recycled material
contained in the paper bag.
``(8) Single-use plastic bag.--The term `single-use plastic
bag' means a carryout bag that--
``(A) is made of plastic; and
``(B) is not reusable.
``SEC. 12202. BAG REQUIREMENTS.
``(a) Ban on Single-Use Plastic Bags.--Effective beginning on the
date that is 1 year after the date of enactment of this subtitle, no
retail establishment or food service business shall provide or sell to
a customer any single-use plastic bag.
``(b) Reusable Carryout Bags and Single-Use Paper Bags.--
``(1) In general.--Effective beginning on the date that is
1 year after the date of enactment of this subtitle, a retail
establishment or food service business may make available for
purchase at the point of sale only, as applicable--
``(A) reusable carryout bags; or
``(B) single-use paper bags.
``(2) Minimum price.--The price of a reusable carryout bag
or single-use paper bag sold under paragraph (1) shall be not
less than $0.10.
``(3) Retention of funds.--Any funds collected under this
subsection for the sale of a reusable carryout bag or single-
use paper bag shall be retained by the applicable retail
establishment or food service business.
``SEC. 12203. FOOD SERVICE PRODUCTS.
``(a) Polystyrene Foam Food Service Products.--
``(1) Prohibitions.--Except as provided in paragraphs (2)
and (3), effective beginning on the date that is 18 months
after the date of enactment of this subtitle--
``(A) no person shall sell or offer for sale any
polystyrene foam food service product; and
``(B) no food service business shall provide or
sell any food in a polystyrene foam food service
product.
``(2) Exceptions.--For the 2-year period beginning on the
effective date described in paragraph (1), the following
products shall be exempt from the prohibitions under that
paragraph:
``(A) Meat and fish trays for raw or butchered
meat, including poultry or fish that is sold from a
refrigerator or similar appliance.
``(B) Produce prepackaged by the producer with a
polystyrene foam food service product.
``(3) Waiver.--
``(A) Applications.--To be eligible for a waiver of
a prohibition under paragraph (1), a person or food
service business shall submit to the Administrator an
application at such time, in such manner, and
containing such information as the Administrator may
require.
``(B) Approval.--The Administrator may approve an
application under subparagraph (A), and provide to the
applicant the waiver requested in the application, if
the Administrator determines that--
``(i) there is no feasible, commercially
available alternative for a specific
polystyrene foam food service product; or
``(ii)(I) the gross annual income of the
applicant for the calendar year preceding the
year during which the application is submitted
is less than $500,000; and
``(II) there is no reasonably affordable,
commercially available alternative to the
polystyrene foam food service product.
``(C) Term.--
``(i) In general.--Subject to clause (ii),
a waiver provided under this paragraph may be
in effect for a period of not longer than 1
year.
``(ii) Extensions.--On receipt of a written
application, the Administrator may extend a
waiver provided under this paragraph for
additional periods, each of which is not longer
than 1 year.
``(b) Plastic Utensils, Stirrers, Splash Sticks, Cocktail Sticks,
and Sandwich Sticks.--Effective beginning on the date that is 18 months
after the date of enactment of this subtitle--
``(1) no person shall sell, offer for sale, provide, or
distribute any plastic utensil (including forks, knives,
spoons, sporks, and chopsticks), stirrer, splash stick,
cocktail stick, sandwich stick, or toothpick; and
``(2) no food service business shall provide, distribute,
or sell any plastic utensil (including forks, knives, spoons,
sporks, and chopsticks), stirrer, splash stick, cocktail stick,
sandwich stick, or toothpick.
``(c) Food Service Accessories on Request.--
``(1) Definition of food service accessory.--In this
subsection, the term `food service accessory' means any item or
accessory that typically accompanies a food product provided by
a food service business, including--
``(A) a product used for serving, consuming, or
packaging a food or beverage prepared by a food service
business, including a cup, bowl, plate, tray, carton,
box, wrapper or liner, hinged or lidded container
(commonly known as a `clamshell'), and napkin;
``(B) a condiment cup or packet;
``(C) a cup sleeve, top, lid, or spill plug; and
``(D) any other similar accompanying item used as
part of a food service business.
``(2) Request required.--Effective beginning on the date
that is 1 year after the date of enactment of this subtitle, a
food service business may only provide to a customer a food
service accessory for dining onsite, or for a take-out or
delivery order, on request of the customer.
``(3) Condiments.--Effective beginning on the date that is
1 year after the date of enactment of this subtitle, any
condiment provided for consumption on the premises of a food
service business shall be served from--
``(A) a reusable container; or
``(B) a bulk dispenser.
``(4) Portioning.--Effective beginning on the date that is
1 year after the date of enactment of this subtitle, a food
service accessory or condiment--
``(A) shall not be--
``(i) bundled; or
``(ii) individually wrapped; and
``(B) shall be dispensed using a dispenser that
provides not more than 1 food service accessory or
condiment item at a time to ensure customers receive
only the quantity needed.
``(5) Take-out food and delivery ordering platforms.--
Effective beginning on the date that is 1 year after the date
of enactment of this subtitle, each take-out food and delivery
ordering platform shall provide--
``(A) to food service businesses a method to
customize the menus of the food service businesses to
include a description of the food service accessories
and condiments offered for take-out and delivery orders
from the food service business; and
``(B) to customers the option to request specific
food service accessories and condiments for inclusion
in an order placed on the platform.
``(6) Travel.--
``(A) In general.--Notwithstanding any other
requirement of this section, a food service business
described in subparagraph (B) may ask a customer if the
customer desires or requires a food service accessory--
``(i) to consume or transport ready-to-
consume food; or
``(ii) to prevent food from spilling.
``(B) Description of food service business.--A food
service business referred to in subparagraph (A) is a
food service business that--
``(i) is located entirely within a public
use airport (as defined in section 77.3 of
title 14, Code of Federal Regulations (or a
successor regulation)); or
``(ii) provides food products wholly or
partially through the use of a drive-through
facility.
``(d) Effect of Section.--Nothing in this section--
``(1) restricts the ability of a food service business to
provide a single-use plastic straw or single-serve condiment
packet to an individual that requests such a straw or packet
due to a disability or other medical or physical condition or
circumstance; or
``(2) prohibits a retail establishment from--
``(A) selling packages of single-use plastic straws
to customers; or
``(B) providing or selling a beverage prepackaged
by the manufacturer with a single-use plastic straw,
including a juice box.
``SEC. 12204. VIOLATIONS; ENFORCEMENT.
``(a) Violations.--
``(1) In general.--Any person that violates an applicable
provision of this subpart (including regulations), shall be
subject to--
``(A) a warning for the initial violation;
``(B) a fine in an amount equal to not more than
$1,000 for the second violation; and
``(C) a fine in an amount equal to not more than
$5,000 for a third or subsequent violation.
``(2) Treatment.--If a violation described in paragraph (1)
is of a continuing nature, each day during which the violation
continues shall be considered to be an additional, separate,
and distinct violation for purposes of this subsection.
``(3) Payment to administrator.--A fine collected pursuant
to this subsection shall be remitted to the Administrator.
``(b) Enforcement.--Subject to subsection (a)(3), the Administrator
or an affected local government may enforce this subpart.
``SEC. 12205. EDUCATION AND OUTREACH.
``Not later than 120 days after the date of enactment of this
subtitle, the Administrator shall--
``(1) establish a program to assist persons in achieving
compliance with this subpart, including by--
``(A) developing and publishing on a public website
guidance relating to that compliance; and
``(B) establishing an online clearinghouse of
vendors that provide environmentally sound alternatives
to single-use plastic bags, single-use paper bags,
polystyrene foam food service products, and single-use
plastic straws; and
``(2) in cooperation with local governments, environmental
organizations, and the business community, develop and
implement a public information and education program with
respect to this subpart, including--
``(A) educational materials;
``(B) public service announcements; and
``(C) the distribution of--
``(i) free, reusable carryout bags; and
``(ii) information relating to the
environmental harms associated with single-use
plastic bags.
``SEC. 12206. RULEMAKING.
``The Administrator shall promulgate such regulations as the
Administrator determines to be necessary to carry out this subpart.
``Subpart B--Prohibition on Other Single-use Products
``SEC. 12211. DEFINITIONS.
``In this subpart:
``(1) Black plastic.--The term `black plastic' means any
plastic with a black plastic resin code 1 through 7.
``(2) Disposable food service ware.--
``(A) In general.--The term `disposable food
service ware' means a single-use or disposable product
for heating, storing, packaging, serving, consuming, or
transporting a prepared or ready-to-consume food or
beverage.
``(B) Inclusions.--The term `disposable food
service ware' includes--
``(i) a bowl, plate, tray, carton, cup,
lid, hinged or lidded container, spoon, fork,
and knife;
``(ii) any container used by a food
establishment to heat, cook, or store a food or
beverage prior to serving, regardless of
whether the container is used to serve the food
or beverage; and
``(iii) any item described in clause (i) or
(ii) that is sold by a retail establishment to
a consumer for personal use.
``(3) Food establishment.--
``(A) In general.--The term `food establishment'
means an operation that serves, vends, or otherwise
provides a food product to a third party for
consumption or use on or off the premises of the
operation, regardless of whether a fee is charged for
the food product.
``(B) Inclusion.--The term `food establishment'
includes any facility the operation of which requires a
food service permit in accordance with applicable
Federal or State law (including regulations).
``(C) Exclusion.--The term `food establishment'
does not include a home or other private setting in
which a food product is provided as described in
subparagraph (A).
``(4) Personal care product.--The term `personal care
product' includes--
``(A) shampoo;
``(B) hair conditioner;
``(C) bath soap;
``(D) shower gel;
``(E) lotion; and
``(F) hand soap.
``(5) Prepared food.--The term `prepared food' has the
meaning given the term in section 12201.
``(6) Retail establishment.--The term `retail
establishment' has the meaning given the term in section 12201.
``SEC. 12212. PROHIBITION ON CERTAIN TRAVEL TOILETRIES.
``(a) Definitions.--In this section:
``(1) Lodging establishment.--
``(A) In general.--The term `lodging establishment'
means an establishment that contains 1 or more sleeping
room accommodations that are rented or otherwise
provided to the public.
``(B) Inclusions.--The term `lodging establishment'
includes--
``(i) a hotel;
``(ii) a motel;
``(iii) a resort;
``(iv) a bed and breakfast;
``(v) an inn; and
``(vi) a vacation rental.
``(C) Exclusions.--The term `lodging establishment'
does not include--
``(i) a hospital;
``(ii) a nursing home;
``(iii) a residential retirement community;
``(iv) a prison or jail;
``(v) a homeless shelter;
``(vi) a boarding school;
``(vii) a unit of worker housing;
``(viii) a long-term rental; or
``(ix) a house, apartment, or other livable
space at which the individual providing a
sleeping accommodation as described in
subparagraph (A) is a permanent resident who
lives on the premises.
``(2) Small plastic bottle.--The term `small plastic
bottle' means a plastic bottle or container that--
``(A) has a capacity of less than 6 ounces; and
``(B) is intended to be nonreusable by the end
user.
``(b) Prohibition.--
``(1) In general.--Subject to subsection (c), effective
beginning on the applicable date described in paragraph (2), a
lodging establishment shall not provide any small plastic
bottle containing a personal care product--
``(A) to any individual staying in a sleeping room
accommodation of the lodging establishment;
``(B) in any space within a sleeping room
accommodation of the lodging establishment; or
``(C) in any bathroom of the lodging establishment
that is shared by--
``(i) the public; or
``(ii) guests of the lodging establishment.
``(2) Effective date.--The date referred to in paragraph
(1) is--
``(A) for a lodging establishment with more than 50
rooms, the date that is 180 days after the later of--
``(i) the date of enactment of this
subtitle; and
``(ii) the date on which the lodging
establishment commences operation; and
``(B) for a lodging establishment with 50 or fewer
rooms, the date that is 1 year after the later of--
``(i) the date of enactment of this
subtitle; and
``(ii) the date on which the lodging
establishment commences operation.
``(c) Patron Request.--Notwithstanding subsection (b), a lodging
establishment may provide to an individual, on request of the
individual, a personal care product in a small plastic bottle at no
cost at a place other than a place described in subsection (b)(1).
``(d) Violations.--
``(1) In general.--An agency of a local government with
authority to inspect sleeping room accommodations in a lodging
establishment may issue a citation for any violation of
subsection (b).
``(2) Written warning.--For an initial violation of the
prohibition under subsection (b), an agency described in
paragraph (1) shall issue to the applicable lodging
establishment a written warning that includes--
``(A) a description of the violation; and
``(B) a notice that any subsequent violation may
result in a fine as described in paragraph (3).
``(3) Subsequent violations.--On a second or subsequent
violation of the prohibition under subsection (b), an agency
described in paragraph (1) may assess against the applicable
lodging establishment a fine in an amount equal to--
``(A) not more than $500 for each day of the
violation; and
``(B) not more than a total of $2,000 in any
calendar year.
``(4) Payment to administrator.--A fine collected pursuant
to this subsection shall be remitted to the Administrator.
``(e) Sense of Congress Regarding Use of Bulk Dispensers by Lodging
Establishments.--It is the sense of Congress that lodging
establishments are encouraged to use bulk dispensers of personal care
products--
``(1) to reduce plastic waste;
``(2) to decrease the operating costs of the lodging
establishments; and
``(3) in a manner that is mindful of the health and safety
of individuals.
``SEC. 12213. PROHIBITIONS ON BLACK PLASTICS.
``(a) Prohibitions.--Effective beginning on the date that is 1 year
after the date of enactment of this subtitle--
``(1) no food establishment shall sell, offer for sale, or
otherwise distribute any disposable food service ware made
using a black plastic; and
``(2) no retail establishment shall sell, offer for sale,
or otherwise distribute--
``(A) any disposable food service ware made using a
black plastic; or
``(B) any meat tray, fish tray, seafood tray,
vegetable tray, or egg carton made wholly or partially
using a black plastic.
``(b) Exemption.--
``(1) In general.--Subject to paragraph (2), the
Administrator may exempt a food establishment or retail
establishment from an applicable prohibition under subsection
(a) for a period of not more than 180 days on receipt of a
written application from the owner or operator of the food
establishment or retail establishment.
``(2) Required determination.--The Administrator may not
provide an exemption under paragraph (1) unless the
Administrator determines that--
``(A) strict enforcement of the prohibition for
which the exemption is sought would cause an undue
hardship described in paragraph (3); or
``(B) the applicable food establishment or retail
establishment requires additional time in order to
deplete an existing inventory of a specific item
subject to the prohibition for which the exemption is
sought.
``(3) Description of undue hardship.--An undue hardship
referred to in paragraph (2)(A) is a situation--
``(A) that is unique to an applicable food
establishment or retail establishment;
``(B) in which no reasonable alternative to the use
of an item subject to a prohibition under subsection
(a) exists; and
``(C) due to which compliance with this section
would create significant economic hardship for the
applicable food establishment or retail establishment.
``(c) Effect of Section.--Nothing in this section prohibits an
individual from personal use of a disposable food service ware or other
item made using a black plastic.
``SEC. 12214. PROHIBITION ON NONCOMPOSTABLE PRODUCE STICKERS.
``Effective beginning on the date that is 1 year after the date of
enactment of this subtitle, no retail establishment shall sell or
distribute any produce to which is affixed a noncompostable sticker.
``SEC. 12215. ENFORCEMENT.
``(a) Written Warning.--For the initial violation of an applicable
prohibition under section 12213 or 12214, the Administrator shall issue
to the applicable food establishment or retail establishment a written
warning that includes--
``(1) a description of the violation; and
``(2) a notice that any subsequent violation may result in
a fine or seizure as described in subsection (b).
``(b) Subsequent Violations.--
``(1) Fines.--Subject to paragraphs (2) and (3), a food
establishment or retail establishment that has received a
written warning under subsection (a) with respect to a
violation of an applicable prohibition under section 12213 or
12214, and that repeats the violation, shall be subject to a
fine in an amount equal to--
``(A) for the first repeat violation during the
calendar year in which the written warning was
received, $250;
``(B) for the second repeat violation during that
calendar year, $500; and
``(C) for the third, and any subsequent, violation
during that calendar year, $1,000.
``(2) Seizure.--On a third, or any subsequent, violation of
an applicable prohibition under section 12213 or 12214 by a
food establishment or retail establishment during a calendar
year, the Administrator may seize any products subject to the
prohibition that are in the possession of the applicable food
establishment or retail establishment.
``(3) Limitation.--In the case of a food establishment or
retail establishment the annual revenue of which is less than
$1,000,000, a fine shall not be imposed pursuant to this
subsection more than once during any 7-day period.
``(c) State Enforcement.--The Administrator may permit a State to
carry out enforcement under this section, subject to the conditions
that--
``(1) the Administrator shall determine that the State
meets such requirements as the Administrator may establish; and
``(2) any fines collected by the State under this section
shall be remitted to the Administrator.
``Subpart C--Advancing Reuse and Refill Systems
``SEC. 12221. GRANT PROGRAM TO EXPAND EQUITABLE ACCESS TO REUSABLE AND
REFILLABLE PACKAGING.
``(a) Establishment.--Not later than 2 years after the date of
enactment of this subtitle, the Administrator shall establish a
competitive grant program under which the Administrator shall provide
grants to eligible entities described in subsection (b) to carry out
beverage container reuse and refill projects in accordance with this
section.
``(b) Eligibility.--The following entities shall be eligible to
receive a grant under this section:
``(1) An institution of higher education.
``(2) A nonprofit organization.
``(3) A unit of county, municipal, or Tribal government.
``(4) A for-profit entity.
``(5) A public-private partnership.
``(c) Applications.--An eligible entity described in subsection (b)
seeking a grant under this section shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require, including a description
of the means by which the project proposed to be carried out by the
eligible entity will--
``(1) expand 1 or more reuse and refill systems to replace
single-use plastics, or single-use products containing or lined
with plastic, currently used in consumer goods industries,
including replacement with food service products and consumer
food and beverage products that--
``(A) are affordable, convenient, scalable,
nontoxic, and equitable; and
``(B) satisfy the requirements described in this
part;
``(2) increase access to, and the capacity of, reuse and
refill infrastructure within the State served by the eligible
entity;
``(3) expand consumer knowledge of reuse and refill
programs, including through the development of accessible
education and outreach programs and materials; and
``(4) install, and expand access to, sanitation
infrastructure in public or community buildings to enable safe
and hygienic reuse, including dishwashers and sanitation
stations.
``(d) Nontoxic Requirements.--A material used as part of a reuse
and refill project under the program under this section shall not--
``(1) contain a toxic substance; or
``(2) be made using prohibited plastic packaging.
``(e) Priority; Distribution.--In awarding grants under this
section, the Administrator shall--
``(1) give priority to any project that, as determined by
the Administrator, will--
``(A) directly benefit a population of color,
community of color, Indigenous community, rural
community, or low-income community; or
``(B) achieve more than 1 objective described in
subsection (c); and
``(2) ensure that at least 1 grant is provided in each
region of the Environmental Protection Agency.
``(f) Reports.--Not later than 2 years after the date of enactment
of this subtitle, and not less frequently than once every 3 years
thereafter, the Administrator shall submit to Congress, and publish, a
report that includes--
``(1) an estimate of the current and projected consumption
of beverage containers and covered products in each State;
``(2) an assessment of techniques and recommendations to
minimize the creation of new materials for the manufacturing of
beverage containers and covered products;
``(3) an assessment of the infrastructure and design needs
required to establish a system for reusable and refillable
beverage containers in the United States; and
``(4) a summary of--
``(A) the grants provided under this section; and
``(B) the effectiveness of those grants in
increasing the proportion that--
``(i) the number of reusable and refillable
beverage containers and covered products used
by distributors during each calendar year
covered by the report; bears to
``(ii) overall beverage container and
covered product consumption during that
calendar year.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for the period of
fiscal years 2024 through 2028.
``SEC. 12222. GRANT PROGRAM TO SUPPORT WATER REFILL STATIONS AT
AIRPORTS AND TRAIN STATIONS.
``(a) Definitions.--In this section:
``(1) Program.--The term `program' means the competitive
grant program established under subsection (b).
``(2) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(b) Establishment.--Not later than 1 year after the date of
enactment of this subtitle, the Secretary shall establish a competitive
grant program under which the Secretary, in consultation with the
Administrator, shall provide grants for use in accordance with this
section to--
``(1) publicly owned airports that--
``(A) host not less than 2,500 passenger boardings
each calendar year; and
``(B) receive scheduled passenger service; and
``(2) train stations located in metropolitan or suburban
areas that provide for the transportation of individuals (other
than employees or contractors of the station or individuals
riding equipment to observe or monitor railroad operations) by
railroad through--
``(A) intercity passenger service; or
``(B) commuter or other short-haul passenger
service.
``(c) Use of Funds.--A grant provided under the program may be used
for--
``(1) purchasing and installing stations at which
employees, passengers, and other guests may refill reusable
beverage containers with drinking water; and
``(2) promoting the use of reusable beverage containers and
water refill stations.
``(d) Applications.--An entity described in subsection (b) seeking
a grant under the program shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may require, including a description of each project proposed
to be carried out using grant funds.
``(e) Report.--Not later than 2 years after the date on which the
Secretary provides grants under the program, the Secretary shall submit
to Congress a report describing the effectiveness of the projects
carried out under the program.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program $5,000,000 for the period of
fiscal years 2024 through 2028.
``SEC. 12223. CLEAN COMMUNITIES PROGRAM.
``The Administrator shall establish a program, to be known as the
`Clean Communities Program', under which the Administrator shall
leverage smart technology and social media to provide technical
assistance to units of local government for purposes of cost-
effectively--
``(1) identifying concentrated areas of pollution within
the jurisdictions of the units of local government; and
``(2) implementing source reduction solutions in response
to that pollution.
``SEC. 12224. REPORT ON REUSE AND REFILL SYSTEMS.
``(a) In General.--Not later than 2 years after the date of
enactment of this subtitle, and not less frequently than once every 5
years thereafter, the Administrator shall make publicly available a
report describing the feasibility of, and best practices relating to,
reuse and refill systems with respect to each of the following sectors:
``(1) Food service, including--
``(A) take-out food;
``(B) the delivery of prepared meals; and
``(C) meal kits.
``(2) Consumer food and beverage products.
``(3) Consumer cleaning products.
``(4) Personal care products.
``(5) Transportation and shipping of wholesale and retail
goods.
``(6) Public educational institutions, including
institutions of higher education.
``(7) Other sectors, as identified by the Administrator.
``(b) Objectives.--The report under subsection (a) shall include an
evaluation and summary of--
``(1) types of reuse and refill systems for product
delivery that can be best used at different scales;
``(2) methods to ensure equitable distribution of reuse and
refill systems for product delivery in populations of color,
communities of color, Indigenous communities, and low-income
communities;
``(3) job creation opportunities through the use or
expansion of reuse and refill systems;
``(4) economic costs and benefits for--
``(A) businesses that deploy reuse and refill
system technologies; and
``(B) parties responsible for waste collection and
management;
``(5) types of local, State, and Federal support needed to
expand the use of reuse and refill systems; and
``(6) existing barriers to the widespread implementation of
reuse and refill systems.
``(c) Considerations.--In preparing the report under subsection
(a), the Administrator shall take into consideration relevant
information relating to reuse and refill system programs and approaches
in States, units of local government, and foreign countries.
``SEC. 12225. RECYCLING AND COMPOSTING RECEPTACLE LABELING.
``(a) Purpose.--The purpose of this section is to establish
guidelines for a national standardized labeling system for the
development of labels for recycling and composting receptacles that use
a methodology that is consistent throughout the United States to assist
members of the public in properly recycling and composting.
``(b) Definitions.--In this section:
``(1) Public space.--The term `public space' means a
business, an airport, a school, a stadium, a government office,
a park, and any other public space, as determined by the
Administrator.
``(2) Recycling or composting receptacle.--The term
`recycling or composting receptacle' means a recycling or
composing bin, cart, or dumpster.
``(3) Residential recycling and composting program.--The
term `residential recycling and composting program' means a
recycling and composting program that provides services to
single-family dwellings, multifamily dwellings or facilities,
or both.
``(c) Guidelines.--Not later than 2 years after the date of
enactment of this subtitle, the Administrator shall develop and publish
guidelines for a national standardized labeling system for use by
Organizations to develop labels that--
``(1) use a national standardized methodology of colors,
images, format, and terminology, including to address diverse
ethnic populations;
``(2) shall be placed on recycling and composting
receptacles in public spaces and the service area of the
Organization in accordance with paragraphs (1)(D) and (2) of
subsection (e); and
``(3) communicate to users of those recycling and
composting receptacles--
``(A) the specific recyclables and compostables
accepted by the Organization; and
``(B) the specific rules of sorting for the
Organization.
``(d) Development of Labels.--
``(1) In general.--Each Organization, in accordance with
the guidelines published under subsection (c), shall use the
national standardized labeling system to develop labels for use
on recycling and composting receptacles in public spaces and
the service area of the Organization to communicate to users of
those recycling and composting receptacles--
``(A) the specific recyclables and compostables
accepted by the Organization; and
``(B) the specific rules of sorting for the
Organization.
``(2) Simple and detailed versions.--In developing labels
under paragraph (1), an Organization shall develop--
``(A) a simple version of the label for use on
recycling and composting receptacles used in public
spaces, which shall list the basic recyclables and
compostables accepted by the Organization; and
``(B) a detailed version of the label for use on
recycling and composting receptacles used as part of a
residential recycling and composting program of the
Organization, taking into consideration the complexity
of the covered products and beverage containers
disposed of by single-family dwellings and multifamily
dwellings and facilities.
``(e) Distribution of Labels.--
``(1) Simple version.--
``(A) In general.--An Organization shall distribute
the simple version of the label developed by the
Organization under subsection (d)(2)(A) to each
customer of the Organization that owns or operates a
public space in the service area of the Organization.
``(B) Quantity.--The quantity of labels distributed
to an owner or operator of a public space under
subparagraph (A) shall be reasonably sufficient to
ensure that a label may be placed on each recycling and
composting receptacle in that public space.
``(C) Additional labels.--If the quantity of labels
distributed under subparagraph (B) is insufficient, an
Organization shall make available to owners and
operators described in subparagraph (A) additional
labels to purchase or download.
``(D) Requirement of owners and operators.--An
owner or operator of a public space that receives
labels under subparagraph (A) shall display the labels
on the recycling and composting receptacles in that
public space.
``(2) Detailed version.--An Organization or municipality,
as applicable, that provides services to a residential
recycling and composting program in the service area of the
Organization or municipality, as applicable, shall display a
detailed standardized label developed by the Organization under
subsection (d)(2)(B) on each recycling and composting
receptacle used by the residential recycling and composting
program.
``SEC. 12226. STUDY AND ACTION ON PLASTIC TOBACCO FILTERS AND
ELECTRONIC CIGARETTES.
``(a) Study.--Not later than 2 years after the date of enactment of
this subtitle, the Administrator, in conjunction with the Commissioner
of Food and Drugs and the Director of the National Institutes of
Health, shall conduct a study of--
``(1) the environmental impacts and efficacy of tobacco
filters made from plastic; and
``(2) the environmental impacts of electronic cigarettes,
including disposable plastic components of electronic
cigarettes.
``(b) Report to Congress.--Not later than 180 days after the date
on which the study under subsection (a) is concluded, the
Administrator, in conjunction with the Commissioner of Food and Drugs,
shall submit a report describing any recommendations of the
Administrator for the establishment of a program to reduce litter from,
and the environmental impacts of, single-use tobacco filter products
and electronic cigarettes to--
``(1) the Committee on Health, Education, Labor and
Pensions of the Senate;
``(2) the Committee on Environment and Public Works of the
Senate;
``(3) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(4) the Committee on Energy and Commerce of the House of
Representatives.
``(c) Publication.--On submission of the report under subsection
(b), the Administrator, in conjunction with the Commissioner of Food
and Drugs, shall publish in the Federal Register for public comment--
``(1) a copy of the report; and
``(2) a description of the actions the Administrator and
the Commissioner of Food and Drugs intend to take during the 1-
year period beginning on the date of publication to reduce
litter from, and the environmental impacts of, single-use
tobacco filter products and electronic cigarettes, including
recommendations for incorporating plastic tobacco filters and
electronic cigarette plastic components into an extended
producer responsibility program.
``PART III--PROHIBITION ON CERTAIN EXPORTS
``SEC. 12301. PROHIBITION ON CERTAIN EXPORTS.
``No person may export from the United States any plastic waste,
plastic paring, or scrap of plastic--
``(1) to a country that is not a member of the Organization
for Economic Cooperation and Development;
``(2) without the prior informed consent of the relevant
authorities in a receiving country that is a member of the
Organization for Economic Cooperation and Development, if those
exports--
``(A) are not of a single, nonhalogenated plastic
polymer;
``(B) are contaminated with greater than 0.5
percent of--
``(i) other plastics; or
``(ii) other materials, including--
``(I) labels, adhesives, varnishes,
waxes, inks, and paints; and
``(II) composite materials mixing
plastics with nonplastic materials; or
``(C) are to be re-exported to a country that is
not a member of the Organization for Economic
Cooperation and Development; or
``(3) that is contaminated with--
``(A) a hazardous chemical;
``(B) effective beginning on the date that is 1
year after the date of enactment of this subtitle, a
toxic substance; or
``(C) any other substance, to the extent that the
export becomes hazardous waste.
``PART IV--LOCAL GOVERNMENT EFFORTS
``SEC. 12401. PROTECTION OF LOCAL GOVERNMENTS.
``Nothing in this subtitle preempts any State or local law in
effect on or after the date of enactment of this subtitle that--
``(1) requires the collection and recycling of any product
in a greater quantity than is required under part I;
``(2) prohibits the sale or distribution of any product
that is not prohibited under part I or II;
``(3) requires any product to be made of a greater
percentage of post-consumer recycled material than is required
under part I or II; or
``(4) in any way exceeds the requirements of this
subtitle.''.
(b) Clerical Amendment.--The table of contents contained in section
1001 of the Solid Waste Disposal Act (42 U.S.C. 6901 note; Public Law
89-272) is amended by adding at the end the following:
``Subtitle K--Extended Responsibility for Beverage Containers and
Packaging
``Sec. 12001. Definitions.
``PART I--Extended Responsibility
``Sec. 12101. Extended responsibility.
``Sec. 12102. Producer Responsibility Organizations.
``Sec. 12103. Product Stewardship Plans.
``Sec. 12104. Membership fees.
``Sec. 12105. Single-use plastic source reduction requirements.
``Sec. 12106. Advisory committees.
``Sec. 12107. Reduction, reuse, and recycling needs assessment.
``Sec. 12108. National beverage container program.
``Sec. 12109. Elimination of toxic substances in beverage containers
and post-consumer recycled material.
``Sec. 12110. Reporting and auditing.
``Sec. 12111. Public outreach and education.
``Sec. 12112. Reduction and Litter Cleanup Trust Fund.
``Sec. 12113. Prohibition on certain toxic substances and materials.
``Sec. 12114. Enforcement.
``PART II--Reduction of Single-use Products
``subpart a--prohibitions on single-use plastic bags and polystyrene
foam food service products; accessories on request
``Sec. 12201. Definitions.
``Sec. 12202. Bag requirements.
``Sec. 12203. Food service products.
``Sec. 12204. Violations; enforcement.
``Sec. 12205. Education and outreach.
``Sec. 12206. Rulemaking.
``subpart b--prohibition on other single-use products
``Sec. 12211. Definitions.
``Sec. 12212. Prohibition on certain travel toiletries.
``Sec. 12213. Prohibitions on black plastics.
``Sec. 12214. Prohibition on noncompostable produce stickers.
``Sec. 12215. Enforcement.
``subpart c--advancing reuse and refill systems
``Sec. 12221. Grant program to expand equitable access to reusable and
refillable packaging.
``Sec. 12222. Grant program to support water refill stations at
airports and train stations.
``Sec. 12223. Clean Communities Program.
``Sec. 12224. Report on reuse and refill systems.
``Sec. 12225. Recycling and composting receptacle labeling.
``Sec. 12226. Study and action on plastic tobacco filters and
electronic cigarettes.
``PART III--Prohibition on Certain Exports
``Sec. 12301. Prohibition on certain exports.
``PART IV--Local Government Efforts
``Sec. 12401. Protection of local governments.''.
TITLE II--PROTECTING COMMUNITIES FROM PLASTICS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Protecting Communities from
Plastics Act''.
SEC. 202. 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
beginning on 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 from the use of fossil fuels for power
generation and transportation only to replace that demand with
more fossil fuel-based plastics production--
(A) is not a viable strategy; and
(B) fails to protect communities;
(8) plastics carry impacts throughout the lifecycle,
including the impacts of--
(A) oil and gas extraction;
(B) plastics refining, manufacturing, and certain
methods of disposal; and
(C) resulting plastics pollution in communities and
the environment, where the degrading plastics--
(i) leach chemical additives; and
(ii) 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. 203. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Plastic.--The term ``plastic'' means a synthetic or
semisynthetic material that--
(A) is natural rubber; or
(B) has naturally occurring polymers, such as
proteins or starches.
(3) Refill; refillable; reusable; reuse.--The terms
``refill'', ``refillable'', ``reusable'', and ``reuse'' mean--
(A) with respect to packaging or a food service
product that is reused or refilled by a producer, that
the packaging or food service product 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 original condition for multiple
cycles;
(iii) composed of materials that do not
contain--
(I) toxic heavy metals;
(II) pathogens;
(III) additives; or
(IV) toxic substances (as defined
in section 12000 of the Solid Waste
Disposal Act);
(iv) supported by adequate infrastructure
to ensure that the packaging or food service
product 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 a food service
product that is reused or refilled by a consumer, that
the packaging or food service product 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) toxic substances (as defined
in section 12000 of the Solid Waste
Disposal Act); 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 product 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, such that the
packaging 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. 204. 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, monomer, polymer, or
resin 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;
(F) an industrial facility that generates fuel or
energy from plastic polymers through waste-to-fuel
technology, an incinerator, pyrolysis, gasification, or
other similar technology, as determined by the
Administrator; and
(G) an industrial facility that produces a chemical
feedstock for use in the plastics manufacturing
industry.
(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'' or ``PETE'');
(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 with significant populations of
racial minorities, communities of color, Indigenous
communities, and low-income communities have full
access to public information and opportunities for
meaningful public participation with respect to human
health and environmental planning, regulations, and
enforcement;
(B) no community described in subparagraph (A) 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 convened 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, as a result of that location--
(i) negative impacts on human health and
the environment; and
(ii) systemic socioeconomic disparity or
another form of injustice with respect to
policies, regulations, or enforcement.
(B) Inclusions.--The term ``fenceline community''
includes a low-income community, an Indigenous
community, and a community of color.
(7) 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 individuals,
including communities in other countries.
(8) 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.
(9) 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 Secretary of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(10) Material recovery facility.--The term ``material
recovery facility'' means a solid waste management facility
that processes materials for reuse or recycling.
(11) 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 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.
(12) 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.
(13) Translation services.--The term ``translation
services'' means professional language translation and
interpretation for oral communications, and translation for
written documents and notices, in any language spoken by more
than 5 percent of the population residing within a fenceline
community.
(b) National Academies Study of Plastics Industry.--
(1) Agreement.--
(A) In general.--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 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,
environmental justice, and pollution impacts of
covered facilities and the products of covered
facilities;
(iii) the use of 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) take into consideration--
(i) the direct, indirect, and cumulative
environmental impacts of industries, including
plastic production industries, chemical
recycling industries, and the industries of
other covered facilities; 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
under section 111(f)(1) of the Clean Air Act (42 U.S.C.
7411(f)(1)) for the category of stationary source
designated under subparagraph (A).
(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, to ensure
that an owner or operator of a storage vessel containing liquid
with a vapor pressure equal to not less 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, to ensure that flaring, at ground-level
and 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), 60.562-1(a)(1)(i)(C),
60.662(b), and 60.702(b) of title 40, Code of Federal
Regulations, 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, to ensure that owners and
operators use process units and components with a leak-
less or seal-less design;
(B) modifying subsection (f) of that section to
ensure that owners and operators use optical gas
imaging monitoring pursuant to section 60.5397a of that
title 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 billion;
(C) modifying 60.482-6a of title 40, Code of
Federal Regulations, to ensure that the use of open-
ended valves or lines is prohibited unless 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, to ensure that--
(i) the term ``no detectable emissions'' is
defined to mean an instrument reading of less
than 50 parts per billion above background
concentrations; and
(ii) the term ``leak'' is defined to mean
an instrument reading of not less than 50 parts
per billion 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, 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 to strike
subsection (c) of section 61.112 of title 40, Code of
Federal Regulations.
(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, to ensure that--
(i) the term ``no detectable emissions'' is
defined to mean an instrument reading of less
than 50 parts per billion above background
concentrations; and
(ii) the term ``leak'' is defined to mean
an instrument reading of not less than 50 parts
per billion above background concentrations.
(C) Maximum achievable control technology standards
for covered facilities.--Not later than 1 year 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, 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 billion above background
concentrations; and
(ii) in promulgating the final rule
pursuant to clause (i), take into
consideration--
(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 Academy of Sciences.
(8) Monitoring.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall promulgate a
final rule revising subparts DDD, NNN, and RRR and other
relevant subparts of part 60 of title 40, Code of Federal
Regulations--
(A) to require continuous emissions monitoring of
benzene, nitrogen oxides, sulfur dioxide, carbon
monoxide, other hazardous air pollutants, and
filterable particulate matter for all combustion
devices, 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 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) modifying part 414 of title 40, Code of Federal
Regulations, 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;
(B) modifying sections 414.91(b), 414.101(b), and
414.111(b) of title 40, Code of Federal Regulations, 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; and
(C) that ensures that the best available technology
limitations described in part 414 of title 40, Code of
Federal Regulations (as modified under subparagraph
(A)) apply to covered facilities that produce fewer
than 5,000,001 pounds of covered products per year.
(2) Revised effluent limitations guidelines for
petrochemical feedstock and polymer production.--
(A) BAT and ncps 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, 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, 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) 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,
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 2 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 a State agency to which authority is
delegated 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 later 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 Federal or State
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
investigated 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;
(C) the Administrator or a State agency to which
authority is delegated 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 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 to which
authority is delegated 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;
(E) the approval of a proposed permit described in
subparagraph (A) is conditioned on the covered facility
providing--
(i) 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; and
(ii) subject to subparagraph (F)--
(I) comprehensive, continuous,
real-time monitoring of ambient air
quality--
(aa) around the perimeter
of the covered facility; and
(bb) in any areas that can
reasonably be impacted by the
covered facility;
(II) water quality testing of
wastewater discharges from the covered
facility; and
(F) regardless of whether a permit has been sought
or issued with respect to the chemical, each covered
facility shall conduct appropriate air and water
quality monitoring and testing relating to each
chemical produced at the covered facility in a quantity
of more than 100 pounds per year, and each chemical
produced at the covered facility that is emitted in
excess of the applicable level permitted 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, to ensure that any discharge of such a
chemical into the air or water shall be--
(i) reported to the Administrator by not
later than 48 hours after receipt of the test
result; and
(ii) if a release of information to the
public is not limited due to confidentiality
concerns, made publicly available in accordance
with subclauses (I) and (II) of subparagraph
(B)(i).
(2) Requirements.--
(A) Input.--The Administrator shall develop the
final rule under paragraph (1) with meaningful input
from--
(i) residents of fenceline communities; and
(ii) representatives of fenceline
communities.
(B) Community consultation.--In carrying out
consultation under paragraph (1)(B)(ii), the
Administrator and each State agency to which authority
is delegated 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 not less frequently than once every 5 years
thereafter, the Administrator shall submit to Congress a report
evaluating the implementation by States of required
environmental justice considerations pursuant to that final
rule in State 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 204(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 203
of the Protecting Communities from Plastics
Act.
``(B) Inventory.--Not later than April 1, 2025, and
every 3 years thereafter, the Administrator shall
prepare, and publish in the Federal Register, an
inventory of plastic manufacturing, distribution in
commerce, and trade in the United States.
``(C) Process.--In preparing 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 monomers and 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 material content of
feedstocks for manufacture of the types of
plastic products identified under clause
(ii)(II);
``(v) provide information and quantified
estimates regarding the fate of the plastic
products at the end of 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 following 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), each
person that manufactures a covered product used
in plastic production, and each person that
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 to be 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), in accordance 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 those 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;
(III) other potentially exposed or
susceptible subpopulations; and
(IV) impacts in other countries
resulting from--
(aa) volatile organic
compounds, metals, and other
toxic additives and air
emissions of foreign recycling
facilities;
(bb) the export from the
United States of plastic
products, intermediary products
(such as pellets), and plastic
waste from covered facilities;
(cc) disposal and
management of unrecycled
fractions from the exports
described in item (bb);
(dd) water and land
pollution resulting from
importation of those exports;
and
(ee) the legality of those
imports, including under the
Basel Convention on the Control
of Transboundary Movements of
Hazardous Wastes and Their
Disposal, done at Basel,
Switzerland, March 22, 1989.
(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, after public notice and an opportunity
for comment, shall 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, 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 204(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 204(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 204(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
204(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 204(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
204(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, in
determining whether to issue or renew the
permit, shall--
``(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)(AA) the applicant
has submitted a redemption plan
on a prior occasion, but
continues to be a persistent
violator; and
``(BB) no indication of
extremely exigent circumstances
excusing the persistent
violations exists.''.
(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 204(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 block tract or Tribal census block tract (as
those terms are defined by the Director of the Bureau of the
Census) located within 10 kilometers of, 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,
daycare centers, nursing homes, hospitals, health
clinics, places of religious worship, parks,
playgrounds, and community centers;
``(B) air quality (including with respect to
hazardous air pollutants and criteria pollutants) 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, water
quality, and fish and game 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 at 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.), as applicable.
(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 a new covered facility, or for the expansion of an existing
covered facility, shall be prohibited within 5 miles of a community
building or area, including a school, a residence, a daycare center, a
nursing home, a hospital, a health clinic, a place of religious
worship, a park, a playground, and a community center.
SEC. 205. MICROPLASTICS RESEARCH AND 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 Limitation.--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 the heads of
other necessary Federal departments and agencies, such as the
Director of the National Institute of Standards and Technology,
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
describing the results of the study 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 testing of, and an analysis and
mitigation of any environmental impacts on--
(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 consideration of
potential negative ecological impacts that may result
from filtration in natural waterways and ocean waters.
(3) Eligible locations.--The Administrator may carry out
under the pilot program 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 by 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) Outreach activities.--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) Project effectiveness.--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 the 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 each of the 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, together with any relevant
findings.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection.
SEC. 206. REDUCING SINGLE-USE PLASTICS IN AGRICULTURE.
(a) Biodegradable Weed Barriers Practices Under EQIP.--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 (136 Stat. 2016) (commonly
known 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) in paragraph (1) of subsection (i) (as so
redesignated), in the matter preceding subparagraph (A), by
striking ``subsection (i)(3)(E)'' and inserting ``subsection
(j)(3)(E)'';
(4) by striking ``subsection (i)'' each place it appears
and inserting ``subsection (j)''; and
(5) by inserting after subsection (e) the following:
``(f) Single-Use Plastic Farm Product Packaging Reduction Grants.--
``(1) In general.--The Secretary, acting through the
Administrator of the Agricultural Marketing Service and in
coordination with the Administrator of the Rural Business-
Cooperative Service, shall provide grants to eligible entities
described in paragraph (2) to significantly reduce or eliminate
single-use plastics from the post-production distribution
packaging of the entities.
``(2) 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.
``(3) Grant amount.--The amount of a grant provided under
paragraph (1) shall be not more than $250,000.
``(4) Term.--The term of a grant provided under paragraph
(1) shall be 3 years.
``(5) 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.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2024 through 2032.''.
TITLE III--PLASTIC PELLET-FREE WATERS
SEC. 301. EFFLUENT LIMITATIONS FOR WASTEWATER, SPILLS, AND RUNOFF FROM
PLASTIC POLYMER PRODUCTION FACILITIES, PLASTIC MOLDING
AND FORMING FACILITIES, AND OTHER POINT SOURCES
ASSOCIATED WITH THE TRANSPORT AND PACKAGING OF PLASTIC
PELLETS OR OTHER PREPRODUCTION PLASTIC MATERIALS.
Not later than 60 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency (referred to in
this section as the ``Administrator'') shall promulgate a final rule to
ensure that--
(1) the discharge of plastic pellets or other preproduction
plastic materials (including discharge into wastewater and
other runoff) from facilities regulated under part 414 or 463
of title 40, Code of Federal Regulations (as in effect on the
date of enactment of this Act), is prohibited;
(2) the discharge of plastic pellets or other preproduction
plastic materials (including discharge into wastewater and
other runoff) from a point source (as defined in section 502 of
the Federal Water Pollution Control Act (33 U.S.C. 1362)) that
makes, uses, packages, or transports those plastic pellets and
other preproduction plastic materials is prohibited; and
(3) the requirements under paragraphs (1) and (2) are
reflected in--
(A) all wastewater, stormwater, and other permits
issued by the Administrator and State-delegated
programs under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) to facilities
and other point sources (as defined in section 502 of
that Act (33 U.S.C. 1362)) that make, use, package, or
transport plastic pellets or other preproduction
plastic materials, as determined by the Administrator,
in addition to other applicable limits and standards;
and
(B) all standards of performance promulgated under
section 312(p) of the Federal Water Pollution Control
Act (33 U.S.C. 1322(p)) that are applicable to point
sources (as defined in section 502 of that Act (33
U.S.C. 1362)) that make, use, package, or transport
plastic pellets or other preproduction plastic
materials, as determined by the Administrator.
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