[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4194 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4194
To require the Administrator of the Environmental Protection Agency to
carry out certain activities to protect communities from the harmful
effects of plastics, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2024
Mr. Booker (for himself, Mr. Merkley, Mr. Van Hollen, Mr. Sanders, Mr.
Durbin, Mr. Welch, and Mr. Markey) introduced the following bill; which
was read twice and referred to the Committee on Environment and Public
Works
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
carry out certain activities to protect communities from the harmful
effects of plastics, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Communities from Plastics
Act of 2024''.
SEC. 2. FINDINGS.
Congress finds that--
(1) plastics production is exacerbating the climate crisis
and driving environmental injustice in vulnerable communities
located near petrochemical facilities;
(2) plastics production is on track to double in the decade
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;
(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; and
(11) the projected impacts of climate change, including
rising sea levels, heat, and extreme weather, pose physical
risks to facilities involved in plastics production and
disposal, which can increase the risk of accidents, additional
emissions, and other negative impacts on surrounding
communities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(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) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) Material recovery facility.--The term ``material
recovery facility'' means a solid waste management facility
that processes materials for reuse or recycling.
(15) 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 decisionmaking 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.
(16) 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.
(17) Physical climate risks.--
(A) In general.--The term ``physical climate
risks'' means risks to covered facilities and the
operations of covered facilities that result from
exposure to physical climate-related effects,
including--
(i) increased average global temperatures;
(ii) increased severity and frequency of
extreme weather events;
(iii) increased flooding;
(iv) sea-level rise;
(v) increased severity and frequency of
heat waves;
(vi) increased frequency of wildfires;
(vii) decreased arability of farmland; and
(viii) decreased availability of fresh
water.
(B) Inclusions.--The term ``physical climate
risks'' includes the risk of additional emissions,
accidents, failure of hazardous waste containment, and
other risks resulting from the exposure of covered
facilities and the operations of covered facilities to
physical climate-related effects.
(18) Plastic.--
(A) In general.--The term ``plastic'' means a
synthetic or semisynthetic material that--
(i) is synthesized by the polymerization of
organic substances; and
(ii) is capable of being shaped into
various rigid and flexible forms.
(B) Inclusions.--The term ``plastic'' includes
coatings and adhesives described in subparagraph (A).
(C) Exclusions.--The term ``plastic'' does not
include--
(i) natural rubber; or
(ii) naturally occurring polymers, such as
proteins or starches.
(19) 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.
(20) 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 or chemical
substances designated as high-priority
substances under section 6(b)(1) of the
Toxic Substances Control Act (15 U.S.C.
2605(b)(1)), including the chemicals or
mixtures of chemicals described in
section 4(f)(3);
(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 or chemical
substances designated as high-priority
substances under section 6(b)(1) of the
Toxic Substances Control Act (15 U.S.C.
2605(b)(1)), including the chemicals or
mixtures of chemicals described in
section 4(f)(3); and
(iv) supported by adequate and convenient
availability of, and retail infrastructure for,
bulk or large format packaging that may be
refilled to ensure the packaging or food
service product can be conveniently and safely
reused or refilled by the consumer for multiple
cycles, as needed.
(21) 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.
(22) 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 (c), (d), and (e) of
section 4 are in effect; and
(ii) the amendments made by subsection (h)
of that section are fully implemented.
(23) 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).
(24) 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.
SEC. 4. ENVIRONMENTAL JUSTICE PROTECTIONS AT COVERED FACILITIES.
(a) 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;
(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
(iii)(I) the impacts of physical climate
risks on the environmental, public health,
environmental justice, and pollution risks
posed by covered facilities and the products of
covered facilities; and
(II) the effectiveness of best available
technologies to reduce or eliminate those
environmental, public health, and environmental
justice and pollution risks; 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 (c), (d), and (f), 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.
(b) 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.
(c) 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 or more than 5 millimeters of
mercury under actual storage conditions that is regulated under
that section uses--
(A) an internal floating roof tank connected to a
volatile organic compound control device; or
(B) a fixed-roof tank connected to a volatile
organic compound control device.
(4) Flaring.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall promulgate a
final rule--
(A) modifying title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act), to
ensure that flaring, 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 (as in effect on the date of enactment of
this Act), to ensure that--
(i) references to flare standards under
those sections refer to the flare standards
established under subparagraph (A); and
(ii) the flare standards under those
sections are, without exception, continuously
applied.
(5) Natural gas-fired steam boilers.--Not later than 3
years after the date of enactment of this Act, the
Administrator shall promulgate a final rule revising subpart Db
of part 60 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this Act), to ensure that
boilers or heaters located at an affected covered facility
regulated under that subpart may only burn gaseous fuels, not
solid fuels or liquid fuels.
(6) 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 (as in effect on the date of enactment of this
Act)--
(A) to require continuous emissions monitoring of
benzene, nitrogen oxides, sulfur dioxide, carbon
monoxide, 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.).
(d) 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 (as in effect on the date of enactment of
this Act), to ensure that the best available technology
and new source performance standard requirements under
that part reflect updated best available technology and
best available demonstrated control technology for all
pollutants discharged by covered facilities that
produce covered products, including pollutants of
concern that are not regulated on the date of enactment
of this Act;
(B) modifying sections 414.91(b), 414.101(b), and
414.111(b) of title 40, Code of Federal Regulations (as
in effect on the date of enactment of this Act), to
ensure that--
(i) for new source performance standards
for applicable covered facilities producing
covered products, the maximum effluent limit
for any 1 day and for any monthly average for
the priority pollutants described in appendix A
to part 423 of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act), is 0 milligrams per
liter, unless the Administrator--
(I) determines that higher limits
are justified using best available
demonstrated control technology; and
(II) publishes the determination
under subclause (I) and the proposed
higher limits in a rulemaking; and
(ii) for best available technology and new
source performance standards, the maximum
effluent limit for any 1 day and for any
monthly average for total plastic pellets and
other plastic material is 0 milligrams per
liter; 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 nsps standards.--Not later than 3 years
after the date of enactment of this Act, the
Administrator shall promulgate a final rule--
(i) modifying sections 419.23, 419.26,
419.33, and 419.36 of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act), to ensure that the best
available technology and new source performance
standards reflect updated best available
technology and best available demonstrated
control technology for all pollutants
discharged by covered facilities producing
petrochemical feedstocks and polymers; and
(ii) modifying sections 419.26(a) and
419.36(a) of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act), to ensure that the new
source performance standards for any 1 day and
for average of daily values for 30 consecutive
days for the priority pollutants described in
appendix A to part 423 of title 40, Code of
Federal Regulations (as in effect on the date
of enactment of this Act), is 0 milligrams per
liter, unless the Administrator--
(I) determines that higher limits
are necessary based on the best
available demonstrated control
technology; and
(II) publishes the determination
under subclause (I) and the proposed
higher limits in a rulemaking.
(B) Runoff limitations for ethylene and propylene
production.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall
promulgate a final rule modifying sections 419.26(e)
and 419.36(e) of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act), to
ensure that runoff limitations that reflect best
available demonstrated control technology are included.
(e) 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, considering conditions
in existence on the date of the assessment and
the foreseeable impacts of climate change,
including physical climate risks; 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 will 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.).
(f) 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 of covered facility; covered
product; plastic; single-use plastic.--In this
paragraph, the terms `covered facility', `covered
product', `plastic', and `single-use plastic' have the
meanings given those terms in section 3 of the
Protecting Communities from Plastics Act of 2024.
``(B) Inventory.--Not later than April 1, 2027, 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, 2026, 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, 2029,
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, considering conditions in
existence on the date of the assessment
and the foreseeable impacts of climate
change, including physical climate
risks;
(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.).
(g) 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.).
(h) 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 3 of the Protecting Communities from
Plastics Act of 2024)--
``(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 3 of the Protecting Communities from
Plastics Act of 2024) 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 3 of the
Protecting Communities from Plastics Act of 2024) 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, considering conditions in
existence on the date of the assessment and the
foreseeable impacts of climate change,
including physical climate risks (as defined in
section 3 of the Protecting Communities from
Plastics Act of 2024); 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 3
of the Protecting Communities from Plastics Act of
2024), 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 so
defined), 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 3 of
the Protecting Communities from Plastics Act of
2024.
``(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 of 2024;
``(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 3 of the Protecting Communities from
Plastics Act of 2024) 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,
day care 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).''.
(i) 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.
(j) 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. 5. FEDERAL SOURCE REDUCTION AND REUSE TARGETS.
(a) Definition of Source Reduction.--
(1) In general.--In this section, the term ``source
reduction'' means the reduction in the quantity of single-use
plastic packaging and food service product created by producers
relative to the baseline established pursuant to subsection
(b)(1) by methods that may include--
(A) shifting to reusable or refillable packaging or
food service product systems; or
(B) eliminating unnecessary packaging.
(2) Exclusions.--In this section, the term ``source
reduction'' does not include--
(A) replacing a recyclable or compostable single-
use plastic packaging or food service product with--
(i) a nonrecyclable or noncompostable
single-use plastic packaging or food service
product; or
(ii) a single-use plastic packaging or food
service product that is less likely to be
recycled or composted; or
(B) switching from virgin single-use plastic
packaging or food service product to plastic
postconsumer recycled content.
(b) Federal Source Reduction Targets.--
(1) Baseline.--Not later than December 31, 2027, the
Administrator shall promulgate regulations to establish a
baseline quantity, by total weight and total number of items,
of all single-use plastic packaging and food service product
produced, sold, offered for sale, imported, or distributed in
the United States during calendar year 2026.
(2) Reduction targets.--
(A) In general.--Not later than December 31, 2029,
the Administrator shall promulgate regulations to
establish phased source reduction targets for all
single-use plastic packaging and food service product
produced, sold, offered for sale, imported, or
distributed in the United States, which shall be
organized by product category.
(B) Minimum.--The phased source reduction targets
established under subparagraph (A) shall include a
source reduction target of not less than 25 percent by
2034.
(c) Federal Reuse and Refill Targets.--
(1) In general.--Not later than December 31, 2027, the
Administrator shall promulgate regulations to establish phased
reuse and refill targets for all plastic packaging and food
service product produced, sold, offered for sale, imported, or
distributed in the United States.
(2) Minimum.--The phased reuse and refill targets
established under paragraph (1) shall include reuse and refill
targets of not less than 30 percent by 2034.
(d) Exclusion.--Nothing in this section applies to any single-use
plastic used for--
(1) medical equipment, supplements, medical devices,
consumer personal protective equipment, or other products
determined by the Secretary of Health and Human Services to
necessarily be made of plastic for the protection of public
health or for people with disabilities;
(2) packaging that is--
(A) for any product described in paragraph (1) that
is determined by the Secretary of Health and Human
Services to necessarily be made of plastic for the
protection of public health or for people with
disabilities; or
(B) used for the shipment of hazardous materials
that is prohibited from being composed of used
materials under section 178.509 or 178.522 of title 49,
Code of Federal Regulations (as in effect on the date
of enactment of this Act); or
(3) a personal hygiene product that, due to the intended
use of the product, could become unsafe or unsanitary to
recycle, such as a diaper.
SEC. 6. ADVANCING REFILLABLE AND REUSABLE SYSTEMS.
(a) Grant Program To Support Equity and Innovation in Refillable
and Reusable Packaging.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a
competitive grant program (referred to in this subsection as
the ``program'') to provide grants to eligible entities
described in paragraph (3) to carry out scalable reuse and
refill projects in accordance with this subsection.
(2) Objectives.--To be eligible for a grant under the
program, a reuse and refill project shall evaluate the efficacy
and cost-effectiveness of tools, technologies, and techniques
for 1 or more of the following objectives:
(A) Expanding reuse and refill programs to replace
single-use plastics currently used in consumer goods
industries, including replacement with food service and
consumer food and beverage products that--
(i) are affordable, convenient, scalable,
nontoxic, and equitable; and
(ii) satisfy the requirements described in
section 3(20)(A).
(B) Expanding consumer knowledge of reuse and
refill programs, including through the development of
accessible educational and outreach programs and
materials.
(C) Installing and expanding access to publicly
available water bottle refilling stations.
(D) Installing and expanding access to sanitation
infrastructure in public or community buildings to
enable safe and hygienic reuse, including dishwashers
and sanitation stations.
(3) Eligible entities.--To be eligible to receive a grant
under the program, an entity shall be--
(A) an educational institution, including an
institution of higher education;
(B) a nonprofit or community-based organization;
(C) a State, local, or Tribal government;
(D) a for-profit restaurant, business, or other
organization; or
(E) a public-private partnership.
(4) Nontoxic requirements.--Materials used as part of a
reuse and refill project under the program shall not contain--
(A) toxic heavy metals, pathogens, or additives,
including--
(i) a perfluoroalkyl or polyfluoroalkyl
substance;
(ii) an ortho-phthalate;
(iii) a bisphenol compound (not including
an alkyl-substituted bisphenol compound
generated through a xylenol-aldehyde process);
or
(iv) a halogenated flame retardant; or
(B) chemical substances designated as high-priority
substances under section 6(b)(1) of the Toxic
Substances Control Act (15 U.S.C. 2605(b)(1)),
including the chemicals or mixtures of chemicals
described in section 4(f)(3).
(5) Priorities.--In awarding grants under the program, the
Administrator shall--
(A) give priority to projects that will directly
benefit populations of color, communities of color,
indigenous communities, rural communities, and low-
income communities;
(B) give priority to a project that achieves more
than 1 of the objectives described in paragraph (2);
and
(C) ensure that a grant is provided to carry out a
project in each region of the Environmental Protection
Agency.
(6) Prize competition.--
(A) In general.--Not later than 1 year after the
first round of grants is awarded under the program, the
Administrator shall establish a prize competition under
which the Administrator shall--
(i) evaluate the projects carried out by
each recipient of a grant under the program;
and
(ii) award a prize to 1 of those
recipients.
(B) Amount.--The Administrator shall determine the
amount of the prize under this paragraph.
(C) Use.--The recipient of the prize under this
paragraph shall use the amount of the prize to
demonstrate that the reuse or refill project carried
out by the recipient under the program--
(i) is scalable;
(ii) serves the community in which the
program is carried out; and
(iii) is implemented in a sustainable and
equitable manner.
(7) Report.--Not later than 3 years after the date on which
the Administrator establishes the program, the Administrator
shall submit to Congress a report describing the effectiveness
of the projects carried out under the program.
(8) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out the
program.
(b) Report on Reuse and Refill Product Delivery Systems.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 5 years thereafter, the
Administrator shall make publicly available a report on
feasibility and best practices relating to reuse and refill
within the following sectors:
(A) Food service, including--
(i) take out;
(ii) delivery of prepared meals; and
(iii) meal kits.
(B) Consumer food and beverage products.
(C) Consumer cleaning products.
(D) Consumer personal care products.
(E) Transportation or shipping of wholesale and
retail goods.
(F) Public educational institutions, including
institutions of higher education.
(G) Other sectors, as identified by the
Administrator.
(2) Objectives.--The report under paragraph (1) shall
evaluate and summarize--
(A) types of reuse and refill product delivery
systems that can be best used at different scales;
(B) methods to ensure equitable distribution of
reuse and refill product delivery systems in
populations of color, communities of color, indigenous
communities, and low-income communities;
(C) job creation opportunities through the use or
expansion of reuse and refill systems;
(D) economic costs and benefits for--
(i) the businesses that deploy reuse and
refill technologies; and
(ii) the parties responsible for waste
collection and management;
(E) types of local, State, and Federal support
needed to expand the use of reuse and refill systems;
and
(F) existing barriers to widespread implementation
of reuse and refill systems.
(3) Consideration.--In preparing the report under paragraph
(1), the Administrator shall consider relevant information on
reuse and refill programs and approaches in States, units of
local government, and other countries.
SEC. 7. STUDIES; AGENCY DIRECTIVES.
(a) Definition of Microplastic.--In this section, the term
``microplastic'' means a plastic or plastic-coated particle that is
less than 5 millimeters in any dimension.
(b) National Recycling Strategy 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. 8. REDUCING SINGLE-USE PLASTICS IN AGRICULTURE.
(a) Biodegradable Weed Barriers Practices Under the Environmental
Quality Incentives Program.--The Secretary of Agriculture shall
designate a project to replace the use of on-farm plastic weed barriers
and weed mitigants with nonplastic, biodegradable alternatives as an
agricultural conservation practice or enhancement that meets the
requirement described in section 21001(a)(1)(B)(iii) of Public Law 117-
169 (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 2025 through 2034.''.
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