II 

117TH CONGRESS 

2D SESSION S. 5163 

To require the Administrator of the Environmental Protection Agency to 

carry out certain activities to protect communities from the harmful 

effects of plastics, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 1, 2022 

Mr. BOOKER (for himself, Mr. MERKLEY, and Mr. VAN HOLLEN) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

A BILL 

To require the Administrator of the Environmental Protection Agency to carry out certain activities to protect 

communities from the harmful effects of plastics, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Commu5 nities from Plastics Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 5163 IS

1 (1) plastics production is exacerbating the cli2 mate crisis and driving environmental injustice in 

3 vulnerable communities located near petrochemical 

4 facilities; 

5 (2) plastics production is on track to double in 

6 the decade following the date of enactment of this 

7 Act, locking in harmful emissions for decades; 

8 (3) plastics and other petrochemicals are fore9 casted to become the largest driver of oil and hy10 draulically fractured gas demand by 2050; 

11 (4) some studies have projected that the plas12 tics industry will emit more greenhouse gas emis13 sions than coal plants in the United States by 2030; 

14 (5) petrochemical facilities that produce plastics 

15 are more likely to be located in low-income commu16 nities and communities of color, disproportionately 

17 exposing those communities to harmful pollutants; 

18 (6) plastics production and certain disposal fa19 cilities pollute surrounding communities with chemi20 cals that are known to cause cancer, birth defects, 

21 and other serious illnesses; 

22 (7) transitioning off fossil fuels for power gen23 eration and transportation only to replace that de24 mand with more fossil fuel-based plastics production 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 5163 IS

1 is not a viable strategy and fails to protect commu2 nities; 

3 (8) plastics carry impacts throughout their 

4 lifecycles, including the impacts of— 

5 (A) oil and gas extraction; 

6 (B) plastics refining, manufacturing, and 

7 certain methods of disposal; and 

8 (C) plastics pollution that ends up in com9 munities and in the environment, where the de10 grading plastics leach chemical additives and 

11 emit greenhouse gases; 

12 (9) addressing the plastics crisis requires a shift 

13 away from single-use plastics in nonessential set14 tings; and 

15 (10) technologies that convert plastics to fuel, 

16 use plastics for energy generation, generate feed17 stocks for the chemical industry, or produce haz18 ardous waste and toxic air pollution are not a sus19 tainable solution to the plastics crisis. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Environ24 mental Protection Agency. 

25 (2) PLASTIC.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 5163 IS

1 (A) IN GENERAL.—The term ‘‘plastic’’ 

2 means a synthetic or semisynthetic material 

3 that— 

4 (i) is synthesized by the polymeriza5 tion of organic substances; and 

6 (ii) is capable of being shaped into 

7 various rigid and flexible forms. 

8 (B) INCLUSIONS.—The term ‘‘plastic’’ in9 cludes coatings and adhesives described in sub10 paragraph (A). 

11 (C) EXCLUSIONS.—The term ‘‘plastic’’ 

12 does not include— 

13 (i) natural rubber; or 

14 (ii) naturally occurring polymers, such 

15 as proteins or starches. 

16 (3) REUSABLE; REFILLABLE; REUSE; REFILL.— 

17 The terms ‘‘reusable’’, ‘‘refillable’’, ‘‘reuse’’, and 

18 ‘‘refill’’ mean— 

19 (A) with respect to packaging or food serv20 ice ware that is reused or refilled by a producer, 

21 that the packaging or food service ware is— 

22 (i) explicitly designed and marketed to 

23 be utilized for not less than the number of 

24 cycles that the Administrator determines 

25 to be appropriate, for the same product, or 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 5163 IS

1 for another purposeful packaging use in a 

2 supply chain; 

3 (ii) designed for durability to function 

4 properly in its original condition for mul5 tiple cycles; 

6 (iii) composed of materials that do not 

7 contain— 

8 (I) toxic heavy metals; 

9 (II) pathogens; 

10 (III) additives; or 

11 (IV) chemical substances des12 ignated as high-priority substances 

13 under section 6(b)(1) of the Toxic 

14 Substances Control Act (15 U.S.C. 

15 2605(b)(1)), including the chemicals 

16 or mixtures of chemicals described in 

17 section 4(g)(3); 

18 (iv) supported by adequate infrastruc19 ture to ensure the packaging or food serv20 ice ware can be conveniently and safely re21 used or refilled for multiple cycles; and 

22 (v) repeatedly recovered, inspected, 

23 and repaired, if necessary, and reissued 

24 into the supply chain for reuse or refill for 

25 multiple cycles; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 5163 IS

1 (B) with respect to packaging or food serv2 ice ware that is reused or refilled by a con3 sumer, that the packaging or food service ware 

4 is— 

5 (i) explicitly designed and marketed to 

6 be utilized for not less than the number of 

7 cycles that the Administrator determines 

8 to be appropriate, for the same product; 

9 (ii) designed for durability to function 

10 properly in its original condition for mul11 tiple cycles; 

12 (iii) composed of materials that do not 

13 contain— 

14 (I) toxic heavy metals; 

15 (II) pathogens; 

16 (III) additives; or 

17 (IV) chemical substances des18 ignated as high-priority substances 

19 under section 6(b)(1) of the Toxic 

20 Substances Control Act (15 U.S.C. 

21 2605(b)(1)), including the chemicals 

22 or mixtures of chemicals described in 

23 section 4(g)(3); and 

24 (iv) supported by adequate and con25 venient availability of, and retail infraVerDate Sep 11 2014 04:05 Dec 06, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5163.IS S5163

pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 5163 IS

1 structure for, bulk or large format pack2 aging that may be refilled to ensure the 

3 packaging or food service ware can be con4 veniently and safely reused or refilled by 

5 the consumer for multiple cycles, as need6 ed. 

7 (4) SINGLE-USE PLASTIC.— 

8 (A) IN GENERAL.—The term ‘‘single-use 

9 plastic’’ means a plastic product or packaging 

10 that— 

11 (i) is routinely disposed of, recycled, 

12 or otherwise discarded after a single use; 

13 or 

14 (ii) is not sufficiently durable or wash15 able to be, or is not intended to be, reus16 able or refillable. 

17 (B) EXCLUSIONS.—The term ‘‘single-use 

18 plastic’’ does not include— 

19 (i) medical equipment, medical de20 vices, consumer personal protective equip21 ment, or other products determined by the 

22 Secretary of Health and Human Services 

23 to necessarily be made of plastic for the 

24 protection of public health or for people 

25 with disabilities; 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 5163 IS

1 (ii) packaging that is— 

2 (I) for any product described in 

3 clause (i) that is determined by the 

4 Secretary of Health and Human Serv5 ices to necessarily be used for the pro6 tection of public health or for people 

7 with disabilities; or 

8 (II) used for the shipment of 

9 hazardous materials that is prohibited 

10 from being composed of used mate11 rials under section 178.509 or 

12 178.522 of title 49, Code of Federal 

13 Regulations (as in effect on the date 

14 of enactment of this Act); or 

15 (iii) personal hygiene products that, 

16 due to the intended use of the products, 

17 could become unsafe or unsanitary to recy18 cle, such as diapers. 

19 SEC. 4. ENVIRONMENTAL JUSTICE PROTECTIONS AT COV20 ERED FACILITIES. 

21 (a) DEFINITIONS.—In this section: 

22 (1) COMMUNITY OF COLOR.—The term ‘‘com23 munity of color’’ means a geographically distinct 

24 area in which the percentage of the population of the 

25 community represented by people of color is higher 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•S 5163 IS

1 than the percentage of the population of the State 

2 represented by people of color. 

3 (2) CONSULTATION.—The term ‘‘consultation’’ 

4 means the meaningful and timely process of— 

5 (A) seeking, discussing, and carefully con6 sidering the views of fenceline communities in a 

7 manner that is cognizant of the values of all 

8 parties; and 

9 (B) when feasible, seeking agreement 

10 among the parties. 

11 (3) COVERED FACILITY.—The term ‘‘covered 

12 facility’’ means— 

13 (A) an industrial facility that transforms 

14 petrochemical gas and liquids into ethylene and 

15 propylene for later conversion into plastic poly16 mers; 

17 (B) an industrial facility that transforms 

18 ethylene and propylene into any other chemical 

19 for later conversion into plastic polymers; 

20 (C) a plastic polymerization or polymer 

21 production facility; 

22 (D) an industrial facility that 

23 depolymerizes or otherwise breaks down plastic 

24 polymers into chemical feedstocks for use in 

25 new products or as fuel; 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•S 5163 IS

1 (E) an industrial facility that converts, in2 cluding through pyrolysis or gasification, plastic 

3 polymers into chemical feedstocks; and 

4 (F) an industrial facility that generates 

5 fuel or energy from plastic polymers through 

6 waste-to-fuel technology, an incinerator, or 

7 other similar technology, as determined by the 

8 Administrator. 

9 (4) COVERED PRODUCT.—The term ‘‘covered 

10 product’’ means— 

11 (A) ethylene; 

12 (B) propylene; and 

13 (C) raw plastic materials in any form, in14 cluding pellets, resin, nurdles, powder, and 

15 flakes, including— 

16 (i) polyethylene terephthalate (com17 monly referred to as ‘‘PET’’); 

18 (ii) high density polyethylene (com19 monly referred to as ‘‘HDPE’’); 

20 (iii) low density polyethylene (com21 monly referred to as ‘‘LDPE’’); 

22 (iv) polypropylene (commonly referred 

23 to as ‘‘PP’’); 

24 (v) polyvinyl chloride (commonly re25 ferred to as ‘‘PVC’’); 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•S 5163 IS

1 (vi) polystyrene (commonly referred to 

2 as ‘‘PS’’); and 

3 (vii) any other plastic polymer deter4 mined to be appropriate by the Adminis5 trator. 

6 (5) ENVIRONMENTAL JUSTICE.—The term ‘‘en7 vironmental justice’’ means the fair treatment and 

8 meaningful involvement of all individuals, regardless 

9 of race, color, national origin, educational level, or 

10 income, with respect to the development, implemen11 tation, and enforcement of environmental laws, regu12 lations, and policies to ensure that— 

13 (A) communities of color, indigenous com14 munities, and low-income communities have ac15 cess to public information and opportunities for 

16 meaningful public participation with respect to 

17 human health and environmental planning, reg18 ulations, and enforcement; 

19 (B) no community of color, indigenous 

20 community, or low-income community is ex21 posed to a disproportionate burden of the nega22 tive human health and environmental impacts 

23 of pollution or other environmental hazards; 

24 and 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•S 5163 IS

1 (C) the 17 principles described in the docu2 ment entitled ‘‘The Principles of Environmental 

3 Justice’’, written and adopted at the First Na4 tional People of Color Environmental Leader5 ship Summit held on October 24 through 27, 

6 1991, in Washington, DC, are upheld. 

7 (6) FENCELINE COMMUNITY.— 

8 (A) IN GENERAL.—The term ‘‘fenceline 

9 community’’ means a community located near a 

10 covered facility that has experienced systemic 

11 socioeconomic disparities or other forms of in12 justice. 

13 (B) INCLUSIONS.—The term ‘‘fenceline 

14 community’’ includes a low-income community, 

15 an indigenous community, and a community of 

16 color. 

17 (7) FENCELINE MONITORING.—The term 

18 ‘‘fenceline monitoring’’ means continuous, real-time 

19 monitoring of ambient air quality around the entire 

20 perimeter of a facility. 

21 (8) INDIGENOUS COMMUNITY.—The term ‘‘in22 digenous community’’ means— 

23 (A) a federally recognized Indian Tribe; 

24 (B) a State-recognized Indian Tribe; 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•S 5163 IS

1 (C) an Alaska Native or Native Hawaiian 

2 community or organization; and 

3 (D) any other community of indigenous 

4 people, including communities in other coun5 tries. 

6 (9) LIMITED ENGLISH PROFICIENCY INDI7 VIDUAL.—The term ‘‘limited English proficiency in8 dividual’’ means an individual that— 

9 (A) does not speak English as their pri10 mary language; or 

11 (B) has a limited ability to read, speak, 

12 write, or understand English. 

13 (10) LOW-INCOME COMMUNITY.—The term 

14 ‘‘low-income community’’ means any census block 

15 group in which 30 percent or more of the population 

16 are individuals with an annual household income 

17 equal to, or less than, the greater of— 

18 (A) an amount equal to 80 percent of the 

19 median income of the area in which the house20 hold is located, as reported by the Department 

21 of Housing and Urban Development; and 

22 (B) 200 percent of the Federal poverty 

23 line. 

24 (11) MATERIAL RECOVERY FACILITY.—The 

25 term ‘‘material recovery facility’’ means a solid 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•S 5163 IS

1 waste management facility that processes materials 

2 for reuse or recycling. 

3 (12) MEANINGFUL.—The term ‘‘meaningful’’, 

4 with respect to involvement by the public in a deter5 mination by a Federal agency, means that— 

6 (A) potentially affected residents of a com7 munity have an appropriate opportunity to par8 ticipate in decisions relating to a proposed ac9 tivity that will affect the environment or public 

10 health of the community; 

11 (B) the public contribution can influence 

12 the determination by the Federal agency; 

13 (C) the concerns of all participants in14 volved are taken into consideration in the deci15 sion-making process; and 

16 (D) the Federal agency— 

17 (i) provides to potentially affected 

18 members of the public accurate informa19 tion, including identifying limited English 

20 proficiency individuals who need language 

21 assistance, implementing accessible lan22 guage assistance measures, and providing 

23 notice to limited English proficiency indi24 viduals for effective engagement in deci25 sions; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•S 5163 IS

1 (ii) facilitates the involvement of po2 tentially affected members of the public. 

3 (13) TEMPORARY PAUSE PERIOD.—The term 

4 ‘‘temporary pause period’’ means the period— 

5 (A) beginning on the date of enactment of 

6 this Act; and 

7 (B) ending on the date that is the first 

8 date on which— 

9 (i) all regulations and final rules re10 quired under subsections (d), (e), and (f) 

11 are in effect; and 

12 (ii) the amendments made by sub13 section (i) are fully implemented. 

14 (b) NATIONAL ACADEMIES STUDY OF PLASTICS IN15 DUSTRY.— 

16 (1) IN GENERAL.— 

17 (A) AGREEMENT.—The Administrator 

18 shall offer to enter into an agreement with the 

19 National Academy of Sciences and the National 

20 Institutes of Health to conduct a study of— 

21 (i) the existing and planned expansion 

22 of the industry of the producers of covered 

23 products, including the entire supply chain, 

24 the extraction and refining of fossil fuels 

25 and polymer feedstocks, chemical recycling 


pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•S 5163 IS

1 efforts, end uses, disposal fate, and 

2 lifecycle impacts of covered products; 

3 (ii) the environmental, public health, 

4 and environmental justice and pollution 

5 impacts of covered facilities and the prod6 ucts of covered facilities; 

7 (iii) the use of toxic additives in the 

8 production of covered products and the 

9 consequences of those additives on public 

10 health; 

11 (iv) the existing standard technologies 

12 and practices of covered facilities with re13 spect to the discharge and emission of pol14 lutants into the environment; 

15 (v) the best available technologies and 

16 practices that reduce or eliminate the envi17 ronmental justice and pollution impacts of 

18 covered facilities, associated infrastructure 

19 of covered facilities, and the products of 

20 covered facilities; and 

21 (vi) the toxicity of plastic polymers, 

22 additives, and chemicals (including byprod23 ucts), including the impacts of those poly24 mers, additives, and chemicals on— 

25 (I) public health; 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•S 5163 IS

1 (II) the recyclability of plastic; 

2 and 

3 (III) the ability to use recycled 

4 content. 

5 (B) FAILURE TO ENTER AGREEMENT.—If 

6 the Administrator fails to enter into an agree7 ment described in subparagraph (A), the Ad8 ministrator shall conduct the study described in 

9 that subparagraph. 

10 (2) REQUIREMENTS.—The study under para11 graph (1) shall— 

12 (A) consider— 

13 (i) the direct, indirect, and cumulative 

14 environmental impacts of industries, in15 cluding plastic production industries, 

16 chemical recycling industries, and the in17 dustries of other covered facilities, to date; 

18 and 

19 (ii) the impacts of the planned expan20 sion of those industries, including local, re21 gional, national, and international air, 

22 water, waste, climate change, public health, 

23 and environmental justice impacts of those 

24 industries; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•S 5163 IS

1 (B) recommend technologies, regulations, 

2 standards, and practices, including rec3 ommendations for technologies, regulations, 

4 standards, and practices that will best carry out 

5 the regulatory modifications required under 

6 subsections (d), (e), and (g), to remediate or 

7 eliminate the local, regional, national, and inter8 national air, water, waste, climate change, pub9 lic health, and environmental justice impacts of 

10 the industries described in subparagraph (A)(i). 

11 (3) REPORT.—Not later than 18 months after 

12 the date of enactment of this Act, the Administrator 

13 shall submit to Congress a report describing the re14 sults of the study under paragraph (1). 

15 (4) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated to the Na17 tional Academy of Sciences and the National Insti18 tutes of Health such sums as are necessary to carry 

19 out this subsection. 

20 (c) PERMITTING MORATORIUM FOR COVERED FA21 CILITIES.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 during the temporary pause period, notwithstanding 

24 any other provision of law— 


pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•S 5163 IS

1 (A) the Administrator shall not issue a 

2 new permit for a covered facility under— 

3 (i) the Clean Air Act (42 U.S.C. 7401 

4 et seq.); or 

5 (ii) the Federal Water Pollution Con6 trol Act (33 U.S.C. 1251 et seq.); 

7 (B) the Secretary of the Army, acting 

8 through the Chief of Engineers, shall not issue 

9 a new permit for a covered facility under sec10 tion 404 of the Federal Water Pollution Control 

11 Act (33 U.S.C. 1344); 

12 (C) the Administrator shall object in writ13 ing under subsections (b) and (c) of section 505 

14 of the Clean Air Act (42 U.S.C. 7661d) or sec15 tion 402(d)(2) of the Federal Water Pollution 

16 Control Act (33 U.S.C. 1342(d)(2)), as applica17 ble, to any new permit issued to a covered facil18 ity by a State agency delegated authority under 

19 the Clean Air Act (42 U.S.C. 7401 et seq.) or 

20 the Federal Water Pollution Control Act (33 

21 U.S.C. 1251 et seq.); and 

22 (D) the export of covered products is pro23 hibited. 


pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•S 5163 IS

1 (2) EXCEPTION.—Paragraph (1) does not apply 

2 to a permit described in that paragraph for a facility 

3 that is— 

4 (A) a material recovery facility; 

5 (B) a mechanical recycling facility; or 

6 (C) a compost facility. 

7 (d) CLEAN AIR REQUIREMENTS FOR COVERED FA8 CILITIES.— 

9 (1) TIMELY REVISION OF EMISSIONS STAND10 ARDS.—Section 111(b)(1)(B) of the Clean Air Act 

11 (42 U.S.C. 7411(b)(1)(B)) is amended by striking 

12 the fifth sentence. 

13 (2) NEW SOURCE PERFORMANCE STANDARDS

14 FOR CERTAIN FACILITIES.—Not later than 3 years 

15 after the date of enactment of this Act, the Adminis16 trator shall promulgate a final rule— 

17 (A) designating petrochemical feedstock 

18 and polymer production facilities as a category 

19 of stationary source under section 111(b)(1)(A) 

20 of the Clean Air Act (42 U.S.C. 

21 7411(b)(1)(A)); and 

22 (B) establishing new source performance 

23 standards for the category of stationary source 

24 designated under subparagraph (A) under secVerDate Sep 11 2014 04:05 Dec 06, 2022 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S5163.IS S5163

pbinns on DSKJLVW7X2PROD with $$_JOB
21 

•S 5163 IS

1 tion 111(f)(1) of the Clean Air Act (42 U.S.C. 

2 7411(f)(1)). 

3 (3) STORAGE VESSELS FOR COVERED PROD4 UCTS.—Not later than 3 years after the date of en5 actment of this Act, the Administrator shall promul6 gate a final rule modifying section 60.112b(a) of 

7 title 40, Code of Federal Regulations (as in effect on 

8 the date of enactment of this Act), to ensure that an 

9 owner or operator of a storage vessel containing liq10 uid with a vapor pressure of equal to or more than 

11 5 millimeters of mercury under actual storage condi12 tions that is regulated under that section uses— 

13 (A) an internal floating roof tank con14 nected to a volatile organic compound control 

15 device; or 

16 (B) a fixed-roof tank connected to a vola17 tile organic compound control device. 

18 (4) FLARING.—Not later than 1 year after the 

19 date of enactment of this Act, the Administrator 

20 shall promulgate a final rule— 

21 (A) modifying title 40, Code of Federal 

22 Regulations (as in effect on the date of enact23 ment of this Act), to ensure that flaring, either 

24 at ground-level or elevated, shall only be perVerDate Sep 11 2014 04:05 Dec 06, 2022 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S5163.IS S5163

pbinns on DSKJLVW7X2PROD with $$_JOB
22 

•S 5163 IS

1 mitted when necessary solely for safety reasons; 

2 and 

3 (B) modifying sections 60.112b(a)(3)(ii), 

4 60.115b(d)(1), 60.482–10a(d), 60.662(b), 

5 60.702(b), and 60.562–1(a)(1)(i)(C) of title 40, 

6 Code of Federal Regulations (as in effect on the 

7 date of enactment of this Act), to ensure that— 

8 (i) references to flare standards under 

9 those sections refer to the flare standards 

10 established under subparagraph (A); and 

11 (ii) the flare standards under those 

12 sections are, without exception, continu13 ously applied. 

14 (5) SOCMI EQUIPMENT LEAKS.—Not later 

15 than 3 years after the date of enactment of this Act, 

16 the Administrator shall promulgate a final rule— 

17 (A) modifying section 60.482–1a of title 

18 40, Code of Federal Regulations (as in effect on 

19 the date of enactment of this Act), to ensure 

20 that owners and operators use process units 

21 and components with a leak-less or seal-less de22 sign; 

23 (B) modifying section 60.482–1a(f) of title 

24 40, Code of Federal Regulations (as in effect on 

25 the date of enactment of this Act), to ensure 


pbinns on DSKJLVW7X2PROD with $$_JOB
23 

•S 5163 IS

1 that owners and operators use optical gas imag2 ing monitoring pursuant to section 60.5397a of 

3 title 40, Code of Federal Regulations (as in ef4 fect on the date of enactment of this Act), on 

5 a quarterly basis, unless the owner or operator 

6 receives approval from the Administrator in 

7 writing to use Method 21 of the Environmental 

8 Protection Agency (as described in appendix A– 

9 7 of part 60 of title 40, Code of Federal Regu10 lations (as in effect on the date of enactment of 

11 this Act)) with a repair threshold of 500 parts 

12 per million; 

13 (C) modifying 60.482–6a of title 40, Code 

14 of Federal Regulations (as in effect on the date 

15 of enactment of this Act), to ensure that the 

16 use of open-ended valves or lines is prohibited 

17 except if a showing is made that the use of an 

18 open-ended valve or line is necessary for safety 

19 reasons; and 

20 (D) modifying subpart VVa of part 60 of 

21 title 40, Code of Federal Regulations (as in ef22 fect on the date of enactment of this Act) to en23 sure that— 

24 (i) the term ‘‘no detectable emissions’’ 

25 is defined to mean an instrument reading 


pbinns on DSKJLVW7X2PROD with $$_JOB
24 

•S 5163 IS

1 of less than 50 parts per million above 

2 background concentrations; and 

3 (ii) the term ‘‘leak’’ is defined to 

4 mean an instrument reading of greater 

5 than or equal to 50 parts per million above 

6 background concentrations. 

7 (6) NATURAL-GAS FIRED STEAM BOILERS.— 

8 Not later than 3 years after the date of enactment 

9 of this Act, the Administrator shall promulgate a 

10 final rule revising subpart Db of part 60 of title 40, 

11 Code of Federal Regulations (as in effect on the 

12 date of enactment of this Act), to ensure that boilers 

13 or heaters located at an affected covered facility reg14 ulated under that subpart may only burn gaseous 

15 fuels, not solid fuels or liquid fuels. 

16 (7) NATIONAL EMISSION STANDARDS FOR HAZ17 ARDOUS AIR POLLUTANTS IMPLEMENTATION IM18 PROVEMENTS.— 

19 (A) EQUIPMENT LEAKS OF BENZENE.— 

20 Not later than 3 years after the date of enact21 ment of this Act, the Administrator shall pro22 mulgate a final rule modifying section 61.112 

23 of title 40, Code of Federal Regulations (as in 

24 effect on the date of enactment of this Act) 

25 that strikes subsection (c). 


pbinns on DSKJLVW7X2PROD with $$_JOB
25 

•S 5163 IS

1 (B) BENZENE WASTE OPERATIONS.—Not 

2 later than 3 years after the date of enactment 

3 of this Act, the Administrator shall promulgate 

4 a final rule modifying subpart FF of part 61 of 

5 title 40, Code of Federal Regulations (as in ef6 fect on the date of enactment of this Act), to 

7 ensure that— 

8 (i) the term ‘‘no detectable emissions’’ 

9 is defined to mean an instrument reading 

10 of less than 50 parts per million above 

11 background concentrations; and 

12 (ii) the term ‘‘leak’’ is defined to 

13 mean an instrument reading of greater 

14 than or equal to 50 parts per million above 

15 background concentrations. 

16 (C) MAXIMUM ACHIEVABLE CONTROL

17 TECHNOLOGY STANDARDS FOR COVERED FA18 CILITIES.—Not later than 3 years after the 

19 date of enactment of this Act, the Adminis20 trator shall— 

21 (i) promulgate a final rule modifying 

22 subpart YY of part 63 of title 40, Code of 

23 Federal Regulations (as in effect on the 

24 date of enactment of this Act), to ensure 

25 that— 


pbinns on DSKJLVW7X2PROD with $$_JOB
26 

•S 5163 IS

1 (I) the generic maximum achiev2 able control technology standards de3 scribed in that subpart— 

4 (aa) require no detectable 

5 emissions of hazardous air pollut6 ants, unless the Administrator— 

7 (AA) determines that 

8 the maximum degree of re9 duction in emissions of haz10 ardous air pollutants achiev11 able pursuant to section 

12 112(d)(2) of the Clean Air 

13 Act (42 U.S.C. 7412(d)(2)) 

14 justifies higher limits; and 

15 (BB) publishes the de16 termination under subitem 

17 (AA) and the proposed high18 er limits in a rulemaking; 

19 (bb) ensure an ample mar20 gin of safety to protect public 

21 health and prevent an adverse 

22 environmental effect; and 

23 (cc) prevent adverse cumu24 lative effects to fetal health, the 


pbinns on DSKJLVW7X2PROD with $$_JOB
27 

•S 5163 IS

1 health of children, and the health 

2 of vulnerable subpopulations; and 

3 (II) the term ‘‘no detectable 

4 emissions’’, as required under sub5 clause (I)(aa), is defined to mean an 

6 instrument reading of less than 50 

7 parts per million above background 

8 concentrations; and 

9 (ii) in promulgating the final rule re10 quired in clause (i)(I), consider— 

11 (I) the effects and risks of expo12 sure from cumulative sources of haz13 ardous air pollutants under the sub14 part modified under that clause; and 

15 (II) the best available science, in16 cluding science provided by the Na17 tional Academies of Science. 

18 (8) MONITORING.—Not later than 3 years after 

19 the date of enactment of this Act, the Administrator 

20 shall promulgate a final rule revising subparts DDD, 

21 NNN, RRR, and other relevant subparts of part 60 

22 of title 40, Code of Federal Regulations (as in effect 

23 on the date of enactment of this Act)— 

24 (A) to require continuous emissions moni25 toring of benzene, nitrogen oxides, sulfur dioxVerDate Sep 11 2014 04:05 Dec 06, 2022 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S5163.IS S5163

pbinns on DSKJLVW7X2PROD with $$_JOB
28 

•S 5163 IS

1 ide, carbon monoxide, and filterable particulate 

2 matter for all combustion devices except for 

3 non-enclosed flares, including during startups, 

4 shutdowns, and malfunctions of the facilities 

5 regulated by those subparts; 

6 (B) to require— 

7 (i) accurate and continuous record8 keeping when continuous emissions moni9 toring is required under subparagraph (A); 

10 and 

11 (ii) the records required under clause 

12 (i) to be made available to the public in 

13 real time; 

14 (C) to require continuous fenceline moni15 toring of emissions from combustion devices 

16 under section 63.658 of title 40, Code of Fed17 eral Regulations (as in effect on the date of en18 actment of this Act), for nitrogen oxides, sulfur 

19 dioxide, carbon monoxide, filterable and conden20 sable particulate matter, and all other relevant 

21 hazardous air pollutants; and 

22 (D) to ensure that the continuous moni23 toring of combustion devices required under 

24 subparagraphs (A) and (C) are used to deter25 mine the compliance of facilities regulated by 


pbinns on DSKJLVW7X2PROD with $$_JOB
29 

•S 5163 IS

1 those subparts with the Clean Air Act (42 

2 U.S.C. 7401 et seq.). 

3 (e) CLEAN WATER REQUIREMENTS FOR COVERED

4 FACILITIES.— 

5 (1) BAT AND NSPS STANDARDS FOR PLASTIC

6 POLYMER PRODUCTION.—Not later than 3 years 

7 after the date of enactment of this Act, the Adminis8 trator shall promulgate a final rule— 

9 (A) that ensures that the best available 

10 technology limitations described in part 414 of 

11 title 40, Code of Federal Regulations (as modi12 fied under subparagraph (B)) applies to covered 

13 facilities that produce fewer than 5,000,001 

14 pounds of covered products per year; 

15 (B) modifying part 414 of title 40, Code of 

16 Federal Regulations (as in effect on the date of 

17 enactment of this Act), to ensure that the best 

18 available technology and new source perform19 ance standard requirements under that part re20 flect updated best available technology and best 

21 available demonstrated control technology for 

22 all pollutants discharged by covered facilities 

23 that produce covered products, including pollut24 ants of concern that are not regulated on the 

25 date of enactment of this Act; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
30 

•S 5163 IS

1 (C) modifying sections 414.91(b), 

2 414.101(b), and 414.111(b) of title 40, Code of 

3 Federal Regulations (as in effect on the date of 

4 enactment of this Act) to ensure that— 

5 (i) for new source performance stand6 ards for applicable covered facilities pro7 ducing covered products, the maximum ef8 fluent limit for any 1 day and for any 

9 monthly average for the priority pollutants 

10 described in appendix A to part 423 of 

11 title 40, Code of Federal Regulations (as 

12 in effect on the date of enactment of this 

13 Act), is 0 milligrams per liter unless the 

14 Administrator— 

15 (I) determines that higher limits 

16 are justified using best available dem17 onstrated control technology; and 

18 (II) publishes the determination 

19 under subclause (I) and the proposed 

20 higher limits in a rulemaking; and 

21 (ii) for best available technology and 

22 new source performance standards, the 

23 maximum effluent limit for any 1 day and 

24 for any monthly average for total plastic 


pbinns on DSKJLVW7X2PROD with $$_JOB
31 

•S 5163 IS

1 pellets and other plastic material is 0 milli2 grams per liter. 

3 (2) REVISED EFFLUENT LIMITATIONS GUIDE4 LINES FOR PETROCHEMICAL FEEDSTOCK AND POLY5 MER PRODUCTION.— 

6 (A) BAT AND NSPS STANDARDS.—Not 

7 later than 3 years after the date of enactment 

8 of this Act, the Administrator shall promulgate 

9 a final rule— 

10 (i) modifying sections 419.23, 419.26, 

11 419.33, and 419.36 of title 40, Code of 

12 Federal Regulations (as in effect on the 

13 date of enactment of this Act), to ensure 

14 that the best available technology and new 

15 source performance standards reflect up16 dated best available technology and best 

17 available demonstrated control technology 

18 for all pollutants discharged by covered fa19 cilities producing petrochemical feedstocks 

20 and polymers; and 

21 (ii) modifying sections 419.26(a) and 

22 419.36(a) of title 40, Code of Federal Reg23 ulations (as in effect on the date of enact24 ment of this Act), to ensure that the new 

25 source performance standards for any 1 


pbinns on DSKJLVW7X2PROD with $$_JOB
32 

•S 5163 IS

1 day and for average of daily values for 30 

2 consecutive days for the priority pollutants 

3 described in appendix A to part 423 of 

4 title 40, Code of Federal Regulations (as 

5 in effect on the date of enactment of this 

6 Act), is 0 milligrams per liter unless the 

7 Administrator— 

8 (I) determines that higher limits 

9 are necessary based on the best avail10 able demonstrated control technology; 

11 and 

12 (II) the Administrator publishes 

13 the determination under subclause (I) 

14 and the proposed higher limits in a 

15 rulemaking. 

16 (B) RUNOFF LIMITATIONS FOR ETHYLENE

17 AND PROPYLENE PRODUCTION.—Not later than 

18 3 years after the date of enactment of this Act, 

19 the Administrator shall promulgate a final rule 

20 modifying sections 419.26(e) and 419.36(e) of 

21 title 40, Code of Federal Regulations (as in ef22 fect on the date of enactment of this Act), to 

23 ensure that runoff limitations that reflect best 

24 available demonstrated control technology are 

25 included. 


pbinns on DSKJLVW7X2PROD with $$_JOB
33 

•S 5163 IS

1 (f) ENVIRONMENTAL JUSTICE REQUIREMENTS FOR

2 COVERED FACILITIES.— 

3 (1) IN GENERAL.—Not later than 3 years after 

4 the date of enactment of this Act, the Administrator 

5 shall promulgate a final rule to ensure that— 

6 (A) any proposed permit to be issued by 

7 the Administrator or by a State agency dele8 gated authority under the Clean Air Act (42 

9 U.S.C. 7401 et seq.) or the Federal Water Pol10 lution Control Act (33 U.S.C. 1251 et seq.) 

11 with respect to a covered facility is accompanied 

12 by an environmental justice assessment that— 

13 (i) assesses the direct, indirect, and 

14 cumulative economic, environmental, and 

15 public health impacts of the proposed per16 mit on fenceline communities; and 

17 (ii) proposes changes or alterations to 

18 the proposed permit that would, to the 

19 maximum extent practicable, eliminate or 

20 mitigate the impacts described in clause 

21 (i); 

22 (B) each proposed permit and environ23 mental justice assessment described in subpara24 graph (A) is delivered to applicable fenceline 

25 communities at the beginning of the public comVerDate Sep 11 2014 04:05 Dec 06, 2022 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S5163.IS S5163

pbinns on DSKJLVW7X2PROD with $$_JOB
34 

•S 5163 IS

1 ment period for the proposed permit for pur2 poses of notification and consultation, which 

3 shall include— 

4 (i) prompt notification— 

5 (I) through direct means, includ6 ing in non-English languages for lim7 ited English proficiency individuals; 

8 (II) through publications likely to 

9 be obtained by residents of the 

10 fenceline community, including non11 English language publications; and 

12 (III) in the form of a public 

13 hearing in the fenceline community— 

14 (aa) for which public notice 

15 is provided— 

16 (AA) not less than 60 

17 days before the date on 

18 which the public hearing is 

19 to be held; and 

20 (BB) using the means 

21 described in subclauses (I) 

22 and (II); 

23 (bb) for which translation 

24 services are provided; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
35 

•S 5163 IS

1 (cc) that is accessible 

2 through live-streaming or alter3 native video streaming services 

4 for which translation services are 

5 provided; and 

6 (ii) after the prompt notification re7 quired under clause (i), consultation that— 

8 (I) facilitates effective collabora9 tion and informed policymaking that 

10 further recognizes the importance of 

11 regular communication and collabora12 tion with fenceline communities, re13 gardless of whether specific regulatory 

14 or policy changes are being consid15 ered; 

16 (II) seeks information and input 

17 from fenceline communities by solic18 iting the collaboration, cooperation, 

19 and participation of those fenceline 

20 communities; 

21 (III) includes an in-person meet22 ing or a telephone conference that— 

23 (aa) is in a location, if appli24 cable, that is selected by those 

25 engaged in the consultation to be 


pbinns on DSKJLVW7X2PROD with $$_JOB
36 

•S 5163 IS

1 mutually accessible to representa2 tives of fenceline communities 

3 and applicable State or Federal 

4 government participants; and 

5 (bb) removes institutional 

6 and procedural impediments that 

7 adversely affect working directly 

8 with fenceline communities; 

9 (IV) ensures that any health or 

10 environmental concerns raised by 

11 fenceline communities with be prop12 erly invested and considered in deci13 sions to grant or deny the proposed 

14 permit; and 

15 (V) explains to the representa16 tives of the fenceline community the 

17 range of resulting actions that the Ad18 ministrator or State agency may take; 

19 and 

20 (C) the Administrator or a State agency 

21 delegated authority under the Clean Air Act 

22 (42 U.S.C. 7401 et seq.) or the Federal Water 

23 Pollution Control Act (33 U.S.C. 1251 et seq.), 

24 as applicable, shall not approve a proposed per25 mit described in subparagraph (A) unless— 


pbinns on DSKJLVW7X2PROD with $$_JOB
37 

•S 5163 IS

1 (i) changes or alterations have been 

2 incorporated into the revised proposed per3 mit that, to the maximum extent prac4 ticable, eliminate or mitigate the environ5 mental justice impacts described in sub6 paragraph (A)(i); 

7 (ii) the changes or alterations de8 scribed in clause (i) have been developed 

9 with meaningful input from residents or 

10 representatives of the fenceline community 

11 in which the covered facility to which the 

12 proposed permit would apply is located or 

13 seeks to locate; and 

14 (iii) the permit includes a community 

15 benefit agreement that— 

16 (I) has been entered into after 

17 the prompt notification and consulta18 tion required under clauses (i) and 

19 (ii), respectively, of subparagraph (B); 

20 and 

21 (II) stipulates the benefits the 

22 covered facility agrees to fund or fur23 nish in exchange for community sup24 port for the covered facility, which 

25 may include— 


pbinns on DSKJLVW7X2PROD with $$_JOB
38 

•S 5163 IS

1 (aa) commitments to hire di2 rectly from a community; 

3 (bb) contributions to eco4 nomic and health trust funds; 

5 (cc) local workforce training 

6 guarantees; 

7 (dd) increased pollution con8 trol technologies; 

9 (ee) operation restrictions; 

10 (ff) financial assurances; 

11 and 

12 (gg) siting restrictions; 

13 (D) the Administrator or a State agency 

14 delegated authority under the Clean Air Act 

15 (42 U.S.C. 7401 et seq.) or the Federal Water 

16 Pollution Control Act (33 U.S.C. 1251 et seq.), 

17 as applicable, shall not approve a proposed per18 mit described in subparagraph (A) during the 

19 45-day period beginning on the date on which 

20 a public hearing described in subparagraph 

21 (B)(i)(III) is held for the proposed permit; and 

22 (E) the approval of a proposed permit de23 scribed in subparagraph (A) is conditioned on 

24 the covered facility providing comprehensive 

25 third-party fenceline monitoring and response 


pbinns on DSKJLVW7X2PROD with $$_JOB
39 

•S 5163 IS

1 strategies that fully protect public health and 

2 safety and the environment in fenceline commu3 nities, for which the affected fenceline commu4 nities have the opportunity to provide meaning5 ful input. 

6 (2) REQUIREMENTS.— 

7 (A) REQUIRED INPUT.—The Administrator 

8 shall develop the final rule required under para9 graph (1) with meaningful input from— 

10 (i) residents of fenceline communities; 

11 and 

12 (ii) representatives of fenceline com13 munities. 

14 (B) COMMUNITY CONSULTATION REQUIRE15 MENT.—In carrying out the consultation re16 quired under paragraph (1)(B)(ii), the Adminis17 trator and each State agency delegated author18 ity under the Clean Air Act (42 U.S.C. 7401 et 

19 seq.) or the Federal Water Pollution Control 

20 Act (33 U.S.C. 1251 et seq.) shall establish a 

21 dedicated position that— 

22 (i) supports fenceline communities in 

23 understanding the technical nuances of the 

24 permit and regulatory process; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
40 

•S 5163 IS

1 (ii) accounts for limited English pro2 ficiency individuals. 

3 (3) REPORT TO CONGRESS ON STATE PERMIT4 TING PROGRAMS.—Not later than 2 years after the 

5 date on which the final rule required under para6 graph (1) is published in the Federal Register, and 

7 every 5 years thereafter, the Administrator shall 

8 submit to Congress a report evaluating how States 

9 are implementing required environmental justice 

10 considerations pursuant to that final rule into their 

11 permitting programs under the Clean Air Act (42 

12 U.S.C. 7401 et seq.) and the Federal Water Pollu13 tion Control Act (33 U.S.C. 1251 et seq.). 

14 (g) TOXIC SUBSTANCES.— 

15 (1) INVENTORY AND REPORTING.—Section 8(b) 

16 of the Toxic Substances Control Act (15 U.S.C. 

17 2607(b)) is amended by adding at the end the fol18 lowing: 

19 ‘‘(11) PLASTICS.— 

20 ‘‘(A) DEFINITIONS.—In this paragraph: 

21 ‘‘(i) COVERED FACILITY; COVERED

22 PRODUCT.—The terms ‘covered facility’ 

23 and ‘covered product’ have the meanings 

24 given those terms in section 4(a) of the 

25 Protecting Communities from Plastics Act. 


pbinns on DSKJLVW7X2PROD with $$_JOB
41 

•S 5163 IS

1 ‘‘(ii) PLASTIC; SINGLE-USE PLAS2 TIC.—The terms ‘plastic’ and ‘single-use 

3 plastic’ have the meanings given those 

4 terms in section 3 of the Protecting Com5 munities from Plastics Act. 

6 ‘‘(B) PUBLICATION.—Not later than April 

7 1, 2025, and every 3 years thereafter, the Ad8 ministrator shall publish in the Federal Reg9 ister an inventory of plastic manufacturing, dis10 tribution in commerce, and trade in the United 

11 States. 

12 ‘‘(C) PROCESS.—In carrying out the inven13 tory under subparagraph (B), the Adminis14 trator shall— 

15 ‘‘(i) identify— 

16 ‘‘(I) each covered facility; and 

17 ‘‘(II) any other manufacturer of 

18 plastic products; 

19 ‘‘(ii) identify— 

20 ‘‘(I) the polymers associated with 

21 plastic production; 

22 ‘‘(II) the types or uses of plastic 

23 products manufactured; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
42 

•S 5163 IS

1 ‘‘(III) the associated quantities of 

2 polymer and product manufacture and 

3 uses; 

4 ‘‘(iii) quantify the single-use plastics 

5 manufactured— 

6 ‘‘(I) in the aggregate; and 

7 ‘‘(II) by use category; 

8 ‘‘(iv) quantify the percentage of post9 consumer recycled content of the feed10 stocks for the manufacture of the types of 

11 plastic products identified under clause 

12 (ii)(II); 

13 ‘‘(v) provide information and quan14 tified estimates on the fate of the plastic 

15 products at the end of their useful life; 

16 ‘‘(vi) identify the chemicals used in 

17 polymer or plastic production that may 

18 pose a potential risk to human health and 

19 the environment, taking into account the 

20 data reported under subparagraph (D)(i), 

21 which shall include, at a minimum, the in22 formation described in subparagraphs (A) 

23 through (G) of subsection (a)(2); 

24 ‘‘(vii) specify any chemicals identified 

25 under clause (vi)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
43 

•S 5163 IS

1 ‘‘(I) that are undergoing regu2 latory action under section 6; or 

3 ‘‘(II) for which regulatory action 

4 under section 6 is anticipated during 

5 the next 3 years; 

6 ‘‘(viii) for each chemical identified 

7 under clause (vi) that is not specified 

8 under clause (vii), provide a timetable for 

9 regulatory action under section 6 and any 

10 other recommended actions, including pro11 posed revisions of Federal law or regula12 tions, to achieve further reductions in plas13 tic manufacture or distribution in com14 merce; and 

15 ‘‘(ix) propose revisions to Federal law 

16 or regulations to achieve further reductions 

17 in plastic manufacture or distribution in 

18 commerce. 

19 ‘‘(D) REPORTING.— 

20 ‘‘(i) IN GENERAL.—To assist in the 

21 preparation of the inventory under sub22 paragraph (B), notwithstanding section 

23 3(2)(B), any person who manufactures a 

24 covered product used in plastic production, 

25 and any person who manufactures a plastic 


pbinns on DSKJLVW7X2PROD with $$_JOB
44 

•S 5163 IS

1 product, shall submit to the Administrator 

2 periodic reports at such time and including 

3 such information as the Administrator 

4 shall determine by rule. 

5 ‘‘(ii) PROMULGATION OF RULE.—Not 

6 later than July 1, 2024, the Administrator 

7 shall promulgate the rule described in 

8 clause (i). 

9 ‘‘(iii) PREVIOUSLY SUBMITTED INFOR10 MATION.—To avoid duplication, informa11 tion previously submitted to the Adminis12 trator under this section may be consid13 ered partially compliant with the reporting 

14 requirements of this subparagraph if the 

15 information previously submitted is an ac16 curate reflection of the current informa17 tion. 

18 ‘‘(iv) PUBLIC AVAILABILITY.—The 

19 Administrator shall make available to the 

20 public in an accessible database the reports 

21 submitted under clause (i), consistent with 

22 section 14.’’. 

23 (2) CUMULATIVE HEALTH RISKS POSED BY

24 COVERED FACILITIES.— 

25 (A) DEFINITIONS.—In this paragraph: 


pbinns on DSKJLVW7X2PROD with $$_JOB
45 

•S 5163 IS

1 (i) CHEMICAL SUBSTANCE; MIX2 TURE.—The terms ‘‘chemical substance’’ 

3 and ‘‘mixture’’ have the meanings given 

4 the terms in section 3 of the Toxic Sub5 stances Control Act (15 U.S.C. 2602). 

6 (ii) COVERED FACILITY.—The term 

7 ‘‘covered facility’’ means a covered facility 

8 identified in the inventory. 

9 (iii) INVENTORY.—The term ‘‘inven10 tory’’ means the inventory published under 

11 paragraph (11) of section 8(b) of the Toxic 

12 Substances Control Act (15 U.S.C. 

13 2607(b)). 

14 (B) ASSESSMENT.—Not later than April 1, 

15 2027, taking into account the inventory, the 

16 Administrator shall conduct a single assessment 

17 of the aggregate, cumulative public health im18 pacts on fenceline communities at covered facili19 ties. 

20 (C) REQUIREMENTS.—The assessment 

21 under subparagraph (B) shall— 

22 (i) ascertain the potentially exposed or 

23 susceptible subpopulations; 

24 (ii) estimate the magnitude of the po25 tential health impacts on— 


pbinns on DSKJLVW7X2PROD with $$_JOB
46 

•S 5163 IS

1 (I) fenceline communities gen2 erally; and 

3 (II) more exposed or susceptible 

4 subpopulations specifically; 

5 (iii) determine which chemical sub6 stances or mixtures may be causing or con7 tributing to potential adverse public health 

8 impacts; 

9 (iv) include an assessment of— 

10 (I) the cumulative exposures as11 sociated with covered facilities from 

12 all chemicals used to make plastic 

13 polymers; 

14 (II) the chemical substances (in15 cluding plastic polymers, additives, 

16 and byproducts) produced from— 

17 (aa) the use of the plastic 

18 polymers as feedstocks for other 

19 chemicals; and 

20 (bb) waste-to-fuel tech21 nology; and 

22 (III) the impact of chemical sub23 stances (including plastic polymers, 

24 additives, and byproducts) on— 


pbinns on DSKJLVW7X2PROD with $$_JOB
47 

•S 5163 IS

1 (aa) the recyclability of plas2 tics; 

3 (bb) the use of recycled con4 tent in food contact products and 

5 packaging; and 

6 (cc) public health; and 

7 (v) focus on— 

8 (I) communities located near cov9 ered facilities; 

10 (II) workers at covered facilities; 

11 and 

12 (III) other potentially exposed or 

13 susceptible subpopulations. 

14 (D) PROCEDURAL REQUIREMENTS.—The 

15 assessment under subparagraph (B) shall be 

16 subject to— 

17 (i) public notice and an opportunity 

18 for public comment; and 

19 (ii) peer review by the Science Advi20 sory Committee on Chemicals established 

21 under section 26(o) of the Toxic Sub22 stances Control Act (15 U.S.C. 2625(o)). 

23 (3) HIGH-PRIORITY SUBSTANCES.— 

24 (A) STYRENE AND VINYL CHLORIDE.—Not 

25 later than 2 years after the date of enactment 


pbinns on DSKJLVW7X2PROD with $$_JOB
48 

•S 5163 IS

1 of this Act, the Administrator shall, after public 

2 notice and an opportunity for public comment, 

3 make a final prioritization determination under 

4 section 6(b)(1) of the Toxic Substances Control 

5 Act (15 U.S.C. 2605(b)(1)) relating to— 

6 (i) styrene (including polystyrene); 

7 and 

8 (ii) vinyl chloride (including polyvinyl 

9 chloride). 

10 (B) OTHER CHEMICALS OR MIXTURES.— 

11 With respect to any chemical substances or 

12 mixtures (as those terms are defined in section 

13 3 of the Toxic Substances Control Act (15 

14 U.S.C. 2602)) not described in subparagraph 

15 (A) and identified in the assessment under 

16 paragraph (2) as causing or contributing to po17 tential adverse public health impacts, the Ad18 ministrator shall— 

19 (i) include those chemical substances 

20 or mixtures in any subsequently published 

21 inventory; and 

22 (ii) specify applicable timetables for 

23 action as part of the inventory in accord24 ance with clause (vii) or (viii) of paragraph 


pbinns on DSKJLVW7X2PROD with $$_JOB
49 

•S 5163 IS

1 (11) of section 8(b) of the Toxic Sub2 stances Control Act (15 U.S.C. 2607(b)). 

3 (4) AUTHORIZATION OF APPROPRIATIONS.— 

4 (A) IN GENERAL.—There are authorized to 

5 be appropriated to the Administrator such sums 

6 as are necessary to carry out this subsection 

7 and the amendments made by this subsection. 

8 (B) MAINTENANCE OF FUNDING.—The 

9 funding provided under this paragraph shall 

10 supplement (and not supplant) other Federal 

11 funding to carry out the Toxic Substances Con12 trol Act (15 U.S.C. 2601 et seq.). 

13 (h) HAZARDOUS WASTE.—Not later than 180 days 

14 after the date of enactment of this Act, the Administrator 

15 shall initiate a rulemaking to list discarded polyvinyl chlo16 ride as a hazardous waste under the Solid Waste Disposal 

17 Act (42 U.S.C. 6901 et seq.). 

18 (i) CUMULATIVE IMPACT REQUIREMENTS FOR COV19 ERED FACILITIES.— 

20 (1) FEDERAL WATER POLLUTION CONTROL

21 ACT.—Section 402 of the Federal Water Pollution 

22 Control Act (33 U.S.C. 1342) is amended— 

23 (A) by striking the section designation and 

24 heading and all that follows through ‘‘Except 


pbinns on DSKJLVW7X2PROD with $$_JOB
50 

•S 5163 IS

1 as’’ in subsection (a)(1) and inserting the fol2 lowing: 

3 ‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI4 NATION SYSTEM. 

5 ‘‘(a) PERMITS ISSUED BY ADMINISTRATOR.— 

6 ‘‘(1) IN GENERAL.—Except as’’; 

7 (B) in subsection (a)— 

8 (i) in paragraph (1)— 

9 (I) by striking ‘‘upon condition 

10 that such discharge will meet either 

11 (A) all’’ and inserting the following: 

12 ‘‘subject to the conditions that— 

13 ‘‘(A) the discharge will achieve compliance 

14 with— 

15 ‘‘(i) all’’; 

16 (II) by striking ‘‘403 of this Act, 

17 or (B) prior’’ and inserting the fol18 lowing: ‘‘403; or 

19 ‘‘(ii) prior’’; and 

20 (III) by striking ‘‘this Act.’’ and 

21 inserting the following: ‘‘this Act; and 

22 ‘‘(B) as applicable, with respect to the 

23 issuance or renewal of the permit to a covered 

24 facility (as defined in section 4(a) of the Pro25 tecting Communities from Plastics Act)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
51 

•S 5163 IS

1 ‘‘(i) based on an analysis by the Ad2 ministrator of existing water quality and 

3 the potential cumulative impacts (as de4 fined in section 501 of the Clean Air Act 

5 (42 U.S.C. 7661)) of the discharge from 

6 the covered facility (as so defined), consid7 ered in conjunction with the designated 

8 and actual uses of the impacted navigable 

9 water, there exists a reasonable certainty 

10 of no harm to the health of the general 

11 population, or to any potentially exposed or 

12 susceptible subpopulation; or 

13 ‘‘(ii) if the Administrator determines 

14 that, due to those potential cumulative im15 pacts, there does not exist a reasonable 

16 certainty of no harm to the health of the 

17 general population, or to any potentially 

18 exposed or susceptible subpopulation, the 

19 permit or renewal includes such terms and 

20 conditions as the Administrator determines 

21 to be necessary to ensure a reasonable cer22 tainty of no harm.’’; and 

23 (ii) in paragraph (2), by striking ‘‘as24 sure compliance with the requirements of 

25 paragraph (1) of this subsection, including 


pbinns on DSKJLVW7X2PROD with $$_JOB
52 

•S 5163 IS

1 conditions on data and information collec2 tion, reporting, and such other require3 ments as he deems appropriate.’’ and in4 serting the following: ‘‘ensure compliance 

5 with the requirements of paragraph (1), in6 cluding— 

7 ‘‘(A) conditions relating to— 

8 ‘‘(i) data and information collection; 

9 ‘‘(ii) reporting; and 

10 ‘‘(iii) such other requirements as the 

11 Administrator determines to be appro12 priate; and 

13 ‘‘(B) with respect to covered facilities (as 

14 defined in section 4(a) of the Protecting Com15 munities from Plastics Act) additional controls 

16 or pollution prevention requirements.’’; and 

17 (C) in subsection (b)— 

18 (i) in each of paragraphs (1)(D), 

19 (2)(B), and (3) through (7), by striking 

20 the semicolon at the end and inserting a 

21 period; 

22 (ii) in paragraph (8), by striking ‘‘; 

23 and’’ at the end and inserting a period; 

24 and 


pbinns on DSKJLVW7X2PROD with $$_JOB
53 

•S 5163 IS

1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(10) To ensure that no permit will be issued 

4 to or renewed for a covered facility (as defined in 

5 section 4(a) of the Protecting Communities from 

6 Plastics Act) if, with respect to an application for 

7 the permit, the State determines, based on an anal8 ysis by the State of existing water quality and the 

9 potential cumulative impacts (as defined in section 

10 501 of the Clean Air Act (42 U.S.C. 7661)) of the 

11 discharge from the covered facility (as so defined), 

12 considered in conjunction with the designated and 

13 actual uses of the impacted navigable water, that the 

14 terms and conditions of the permit or renewal would 

15 not be sufficient to ensure a reasonable certainty of 

16 no harm to the health of the general population, or 

17 to any potentially exposed or susceptible subpopula18 tion.’’. 

19 (2) CLEAN AIR ACT.— 

20 (A) DEFINITIONS.—Section 501 of the 

21 Clean Air Act (42 U.S.C. 7661) is amended— 

22 (i) in the matter preceding paragraph 

23 (1), by striking ‘‘As used in this title—’’ 

24 and inserting ‘‘In this title:’’; 


pbinns on DSKJLVW7X2PROD with $$_JOB
54 

•S 5163 IS

1 (ii) by redesignating paragraphs (2), 

2 (3), and (4) as paragraphs (3), (5), and 

3 (4), respectively, and moving the para4 graphs so as to appear in numerical order; 

5 and 

6 (iii) by inserting after paragraph (1) 

7 the following: 

8 ‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu9 lative impacts’ means any exposure, public health or 

10 environmental risk, or other effect occurring in a 

11 specific geographical area, including from an emis12 sion or release— 

13 ‘‘(A) including— 

14 ‘‘(i) environmental pollution re15 leased— 

16 ‘‘(I) routinely; 

17 ‘‘(II) accidentally; or 

18 ‘‘(III) otherwise; and 

19 ‘‘(ii) as assessed based on the com20 bined past, present, and reasonably fore21 seeable emissions and discharges affecting 

22 the geographical area; and 

23 ‘‘(B) evaluated taking into account sen24 sitive populations and socioeconomic factors, 

25 where applicable.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
55 

•S 5163 IS

1 (B) PERMIT PROGRAMS.—Section 502(b) 

2 of the Clean Air Act (42 U.S.C. 7661a(b)) is 

3 amended— 

4 (i) in paragraph (5)— 

5 (I) in subparagraphs (A) and 

6 (C), by striking ‘‘assure’’ each place it 

7 appears and inserting ‘‘ensure’’; and 

8 (II) by striking subparagraph (F) 

9 and inserting the following: 

10 ‘‘(F) ensure that no permit will be issued to or 

11 renewed for a covered facility (as defined in section 

12 4(a) of the Protecting Communities from Plastics 

13 Act), as applicable, if— 

14 ‘‘(i) with respect to an application for a 

15 permit or renewal of a permit for a major 

16 source that is a covered facility (as defined in 

17 section 4(a) of the Protecting Communities 

18 from Plastics Act), the permitting authority de19 termines under paragraph (9)(C)(ii)(I)(bb)(BB) 

20 that the terms and conditions of the permit or 

21 renewal would not be sufficient to ensure a rea22 sonable certainty of no harm to the health of 

23 the general population, or to any potentially ex24 posed or susceptible subpopulation, of the appli25 cable census tracts or Tribal census tracts (as 


pbinns on DSKJLVW7X2PROD with $$_JOB
56 

•S 5163 IS

1 those terms are defined by the Director of the 

2 Bureau of the Census); or 

3 ‘‘(ii) the Administrator objects to the 

4 issuance of the permit in a timely manner 

5 under this title.’’; and 

6 (ii) in paragraph (9)— 

7 (I) in the fourth sentence, by 

8 striking ‘‘Such permit revision’’ and 

9 inserting the following: 

10 ‘‘(iii) TREATMENT AS RENEWAL.—A 

11 permit revision under this paragraph’’; 

12 (II) in the third sentence, by 

13 striking ‘‘No such revision shall’’ and 

14 inserting the following: 

15 ‘‘(ii) EXCEPTION.—A revision under 

16 this paragraph shall not’’; 

17 (III) in the second sentence, by 

18 striking ‘‘Such revisions’’ and insert19 ing the following: 

20 ‘‘(B) REVISION REQUIREMENTS.— 

21 ‘‘(i) DEADLINE.—A revision described 

22 in subparagraph (A) or (C)’’; 

23 (IV) by striking ‘‘(9) A require24 ment’’ and inserting the following: 

25 ‘‘(9) MAJOR SOURCES.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
57 

•S 5163 IS

1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (C), a requirement that’’; and 

3 (V) by adding at the end the fol4 lowing: 

5 ‘‘(C) CERTAIN PLASTICS FACILITIES.— 

6 ‘‘(i) DEFINITION OF COVERED FACIL7 ITY.—In this subparagraph, the term ‘cov8 ered facility’ has the meaning given the 

9 term in section 4(a) of the Protecting 

10 Communities from Plastics Act. 

11 ‘‘(ii) ADDITIONAL REQUIREMENTS.— 

12 With respect to any permit or renewal of 

13 a permit, as applicable, for a major source 

14 that is a covered facility, the permitting 

15 authority shall, in determining whether to 

16 issue or renew the permit— 

17 ‘‘(I) evaluate the potential cumu18 lative impacts of the proposed covered 

19 facility, as described in the applicable 

20 cumulative impacts analysis submitted 

21 under section 503(b)(3); 

22 ‘‘(II) if, due to those potential 

23 cumulative impacts, the permitting 

24 authority cannot determine that there 

25 exists a reasonable certainty of no 


pbinns on DSKJLVW7X2PROD with $$_JOB
58 

•S 5163 IS

1 harm to the health of the general pop2 ulation, or to any potentially exposed 

3 or susceptible subpopulation, of any 

4 census tracts or Tribal census tracts 

5 (as those terms are defined by the Di6 rector of the Bureau of the Census) 

7 located in, or immediately adjacent to, 

8 the area in which the covered facility 

9 is, or is proposed to be, located— 

10 ‘‘(aa) include in the permit 

11 or renewal such terms and condi12 tions (including additional con13 trols or pollution prevention re14 quirements) as the permitting 

15 authority determines to be nec16 essary to ensure a reasonable cer17 tainty of no harm; or 

18 ‘‘(bb) if the permitting au19 thority determines that terms 

20 and conditions described in item 

21 (aa) would not be sufficient to 

22 ensure a reasonable certainty of 

23 no harm, deny the issuance or re24 newal of the permit; 


pbinns on DSKJLVW7X2PROD with $$_JOB
59 

•S 5163 IS

1 ‘‘(III) determine whether the ap2 plicant is a persistent violator, based 

3 on such criteria relating to the history 

4 of compliance by an applicant with 

5 this Act as the Administrator shall es6 tablish by not later than 180 days 

7 after the date of enactment of the 

8 Protecting Communities from Plastics 

9 Act; 

10 ‘‘(IV) if the permitting authority 

11 determines under subclause (III) that 

12 the applicant is a persistent violator 

13 and the permitting authority does not 

14 deny the issuance or renewal of the 

15 permit pursuant to subclause 

16 (V)(bb)— 

17 ‘‘(aa) require the applicant 

18 to submit a redemption plan that 

19 describes, if the applicant is not 

20 in compliance with this Act, 

21 measures the applicant will carry 

22 out to achieve that compliance, 

23 together with an approximate 

24 deadline for that achievement, 

25 measures the applicant will carry 


pbinns on DSKJLVW7X2PROD with $$_JOB
60 

•S 5163 IS

1 out, or has carried out to ensure 

2 the applicant will remain in com3 pliance with this Act, and to 

4 mitigate the environmental and 

5 health effects of noncompliance, 

6 and the measures the applicant 

7 has carried out in preparing the 

8 redemption plan to consult or ne9 gotiate with the communities af10 fected by each persistent viola11 tion addressed in the plan; and 

12 ‘‘(bb) once such a redemp13 tion plan is submitted, determine 

14 whether the plan is adequate to 

15 ensuring that the applicant will 

16 achieve compliance with this Act 

17 expeditiously, will remain in com18 pliance with this Act, will miti19 gate the environmental and 

20 health effects of noncompliance, 

21 and has solicited and responded 

22 to community input regarding 

23 the redemption plan; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
61 

•S 5163 IS

1 ‘‘(V) deny the issuance or re2 newal of the permit if the permitting 

3 authority determines that— 

4 ‘‘(aa) the redemption plan 

5 submitted under subclause 

6 (IV)(aa) is inadequate; or 

7 ‘‘(bb) the applicant has sub8 mitted a redemption plan on a 

9 prior occasion, but continues to 

10 be a persistent violator and that 

11 there is no indication exists of ex12 tremely exigent circumstances ex13 cusing the persistent violations.’’. 

14 (C) PERMIT APPLICATIONS.—Section 

15 503(b) of the Clean Air Act (42 U.S.C. 

16 7661b(b)) is amended by adding at the end the 

17 following: 

18 ‘‘(3) ANALYSES FOR CERTAIN PLASTICS FACILI19 TIES.—The regulations required by section 502(b) shall 

20 include a requirement that an applicant for a permit or 

21 renewal of a permit for a major source that is a covered 

22 facility (as defined in section 4(a) of the Protecting Com23 munities from Plastics Act) shall submit, together with the 

24 compliance plan required under this subsection, a cumu25 lative impacts analysis for each census tract or Tribal cenVerDate Sep 11 2014 04:05 Dec 06, 2022 Jkt 039200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S5163.IS S5163

pbinns on DSKJLVW7X2PROD with $$_JOB
62 

•S 5163 IS

1 sus tract (as those terms are defined by the Director of 

2 the Bureau of the Census) located in, or immediately adja3 cent to, the area in which the major source that is a cov4 ered source (as so defined) is, or is proposed to be, located 

5 that analyzes— 

6 ‘‘(A) community demographics and locations of 

7 community exposure points, such as residences, 

8 schools, day care centers, nursing homes, hospitals, 

9 health clinics, places of religious worship, parks, 

10 playgrounds, and community centers; 

11 ‘‘(B) air quality and the potential effect on that 

12 air quality of emissions of air pollutants (including 

13 pollutants listed under section 108 or 112) from the 

14 proposed covered facility (as so defined), including in 

15 combination with existing sources of pollutants; 

16 ‘‘(C) the potential effects on soil quality and 

17 water quality of emissions of air and water pollut18 ants that could contaminate soil or water from the 

19 proposed major source, including in combination 

20 with existing sources of pollutants; and 

21 ‘‘(D) public health and any potential effects on 

22 public health of the proposed covered facility (as so 

23 defined).’’. 

24 (j) FINANCIAL ASSURANCE REQUIREMENTS FOR

25 COVERED FACILITIES.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
63 

•S 5163 IS

1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, the Administrator 

3 shall develop and require as a condition to receiving 

4 a permit under the Clean Air Act (42 U.S.C. 7401 

5 et seq.) or the Federal Water Pollution Control Act 

6 (33 U.S.C. 1251 et seq.) financial assurance require7 ments for new covered facilities that demonstrate 

8 the presence of sufficient financial resources— 

9 (A) to safely close the covered facility at 

10 the end of the operational life of the covered fa11 cility; or 

12 (B) to provide appropriate emergency re13 sponse in the case of an accidental release. 

14 (2) APPLICATION TO EXISTING COVERED FA15 CILITIES.—The financial assurance requirements 

16 under paragraph (1) shall apply to existing covered 

17 facilities at the time on which an existing covered fa18 cility seeks renewal of a permit under the Clean Air 

19 Act (42 U.S.C. 7401 et seq.) or the Federal Water 

20 Pollution Control Act (33 U.S.C. 1251 et seq.). 

21 (k) SITING RESTRICTIONS FOR NEW COVERED FA22 CILITIES.—The issuance or approval of a permit under the 

23 Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal 

24 Water Pollution Control Act (33 U.S.C. 1251 et seq.) for 

25 new covered facilities or for the expansion of existing covVerDate Sep 11 2014 04:05 Dec 06, 2022 Jkt 039200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S5163.IS S5163

pbinns on DSKJLVW7X2PROD with $$_JOB
64 

•S 5163 IS

1 ered facilities shall be prohibited within 5 miles of a com2 munity building or area, including a school, a residence, 

3 a day care center, a nursing home, a hospital, a health 

4 clinic, a place of religious worship, a park, a playground, 

5 and a community center. 

6 SEC. 5. FEDERAL SOURCE REDUCTION AND REUSE TAR7 GETS. 

8 (a) DEFINITION OF SOURCE REDUCTION.— 

9 (1) IN GENERAL.—In this section, the term 

10 ‘‘source reduction’’ means the reduction in the quan11 tity of single-use plastic packaging and food service 

12 ware created by producers relative to the baseline es13 tablished pursuant to subsection (b)(1) by methods 

14 that may include— 

15 (A) shifting to reusable or refillable pack16 aging or food service ware systems; or 

17 (B) eliminating unnecessary packaging. 

18 (2) EXCLUSIONS.—In this section, the term 

19 ‘‘source reduction’’ does not include— 

20 (A) replacing a recyclable or compostable 

21 single-use plastic packaging or food service 

22 ware with— 

23 (i) a nonrecyclable or noncompostable 

24 single-use plastic packaging or food service 

25 ware; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
65 

•S 5163 IS

1 (ii) a single-use plastic packaging or 

2 food service ware that is less likely to be 

3 recycled or composted; or 

4 (B) switching from virgin single-use plastic 

5 packaging or food service ware to plastic 

6 postconsumer recycled content. 

7 (b) FEDERAL SOURCE REDUCTION TARGETS.— 

8 (1) BASELINE.—Not later than December 31, 

9 2025, the Administrator shall promulgate regula10 tions to establish a baseline quantity, by total weight 

11 and total number of items, of all single-use plastic 

12 packaging and food service ware produced, sold, of13 fered for sale, imported, or distributed in the United 

14 States during calendar year 2024. 

15 (2) REDUCTION TARGETS.— 

16 (A) IN GENERAL.—Not later than Decem17 ber 31, 2027, the Administrator shall promul18 gate regulations to establish phased source re19 duction targets for all single-use plastic pack20 aging and food service ware produced, sold, of21 fered for sale, imported, or distributed in the 

22 United States, which shall be organized by 

23 product category. 

24 (B) MINIMUM.—The phased source reduc25 tion targets established under subparagraph (A) 


pbinns on DSKJLVW7X2PROD with $$_JOB
66 

•S 5163 IS

1 shall include a source reduction target of not 

2 less than 25 percent by 2032. 

3 (c) FEDERAL REUSE AND REFILL TARGETS.— 

4 (1) IN GENERAL.—Not later than December 31, 

5 2025, the Administrator shall promulgate regula6 tions to establish phased reuse and refill targets for 

7 all plastic packaging and food service ware produced, 

8 sold, offered for sale, imported, or distributed in the 

9 United States. 

10 (2) MINIMUM.—The phased reuse and refill tar11 gets established under paragraph (1) shall include 

12 reuse and refill targets of not less than 30 percent 

13 by 2032. 

14 (d) EXCLUSION.—Nothing in this section applies to 

15 any single-use plastic used for— 

16 (1) medical equipment, supplements, medical 

17 devices, consumer personal protective equipment, or 

18 other products determined by the Secretary of 

19 Health and Human Services to necessarily be made 

20 of plastic for the protection of public health or for 

21 people with disabilities; 

22 (2) packaging that is— 

23 (A) for any product described in paragraph 

24 (1) that is determined by the Secretary of 

25 Health and Human Services to necessarily be 


pbinns on DSKJLVW7X2PROD with $$_JOB
67 

•S 5163 IS

1 made of plastic for the protection of public 

2 health or for people with disabilities; or 

3 (B) used for the shipment of hazardous 

4 materials that is prohibited from being com5 posed of used materials under section 178.509 

6 or 178.522 of title 49, Code of Federal Regula7 tions (as in effect on the date of enactment of 

8 this Act); or 

9 (3) a personal hygiene product that, due to the 

10 intended use of the product, could become unsafe or 

11 unsanitary to recycle, such as a diaper. 

12 SEC. 6. ADVANCING REFILLABLE AND REUSABLE SYSTEMS. 

13 (a) GRANT PROGRAM TO SUPPORT EQUITY AND IN14 NOVATION IN REFILLABLE AND REUSABLE PACK15 AGING.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of this Act, the Administrator 

18 shall establish a competitive grant program (referred 

19 to in this subsection as the ‘‘program’’) to provide 

20 grants to eligible entities described in paragraph (3) 

21 to carry out scalable reuse and refill projects in ac22 cordance with this subsection. 

23 (2) OBJECTIVES.—To be eligible for a grant 

24 under the program, a reuse and refill project shall 

25 evaluate the efficacy and cost-effectiveness of tools, 


pbinns on DSKJLVW7X2PROD with $$_JOB
68 

•S 5163 IS

1 technologies, and techniques for 1 or more of the fol2 lowing objectives: 

3 (A) Expanding reuse and refill programs 

4 to replace single-use plastics currently used in 

5 consumer goods industries, including replace6 ment with food service and consumer food and 

7 beverage products that— 

8 (i) are affordable, convenient, scalable, 

9 nontoxic, and equitable; and 

10 (ii) satisfy the requirements described 

11 in section 3(3)(A). 

12 (B) Expanding consumer knowledge of 

13 reuse and refill programs, including through the 

14 development of accessible educational and out15 reach programs and materials. 

16 (C) Installing and expanding access to 

17 publicly available water bottle refilling stations. 

18 (D) Installing and expanding access to 

19 sanitation infrastructure in public or commu20 nity buildings to enable safe and hygienic reuse, 

21 including dishwashers and sanitation stations. 

22 (3) ELIGIBLE ENTITIES.—To be eligible to re23 ceive a grant under the program, an entity shall 

24 be— 


pbinns on DSKJLVW7X2PROD with $$_JOB
69 

•S 5163 IS

1 (A) an educational institution, including an 

2 institution of higher education; 

3 (B) a nonprofit or community-based orga4 nization; 

5 (C) a State, local, or Tribal government; 

6 (D) a for-profit restaurant, business, or 

7 other organization; or 

8 (E) a public-private partnership. 

9 (4) NONTOXIC REQUIREMENTS.—Materials 

10 used as part of a reuse and refill project under the 

11 program shall not contain— 

12 (A) toxic heavy metals, pathogens, or addi13 tives, including— 

14 (i) a perfluoroalkyl or polyfluoroalkyl 

15 substance; 

16 (ii) an ortho-phthalate; 

17 (iii) a bisphenol compound (not in18 cluding an alkyl-substituted bisphenol com19 pound generated through a xylenol20 aldehyde process); or 

21 (iv) a halogenated flame retardant; or 

22 (B) chemical substances designated as 

23 high-priority substances under section 6(b)(1) 

24 of the Toxic Substances Control Act (15 U.S.C. 


pbinns on DSKJLVW7X2PROD with $$_JOB
70 

•S 5163 IS

1 2605(b)(1)), including the chemicals or mix2 tures of chemicals described in section 4(g)(3). 

3 (5) PRIORITIES.—In awarding grants under the 

4 program, the Administrator shall— 

5 (A) give priority to projects that will di6 rectly benefit populations of color, communities 

7 of color, indigenous communities, rural commu8 nities, and low-income communities; 

9 (B) give priority to a project that achieves 

10 more than 1 of the objectives described in para11 graph (2); and 

12 (C) ensure that a grant is provided to 

13 carry out a project in each region of the Envi14 ronmental Protection Agency. 

15 (6) PRIZE COMPETITION.— 

16 (A) IN GENERAL.—Not later than 1 year 

17 after the first round of grants is awarded under 

18 the program, the Administrator shall establish 

19 a prize competition under which the Adminis20 trator shall— 

21 (i) evaluate the projects carried out by 

22 each recipient of a grant under the pro23 gram; and 

24 (ii) award a prize to 1 of those recipi25 ents. 


pbinns on DSKJLVW7X2PROD with $$_JOB
71 

•S 5163 IS

1 (B) AMOUNT.—The Administrator shall 

2 determine the amount of the prize under this 

3 paragraph. 

4 (C) USE.—The recipient of the prize under 

5 this paragraph shall use the amount of the 

6 prize to demonstrate that the reuse or refill 

7 project carried out by the recipient under the 

8 program— 

9 (i) is scalable; 

10 (ii) serves the community in which the 

11 program is carried out; and 

12 (iii) is implemented in a sustainable 

13 and equitable manner. 

14 (7) REPORT.—Not later than 3 years after the 

15 date on which the Administrator establishes the pro16 gram, the Administrator shall submit to Congress a 

17 report describing the effectiveness of the projects 

18 carried out under the program. 

19 (8) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated such sums 

21 as are necessary to carry out the program. 

22 (b) REPORT ON REUSE AND REFILL PRODUCT DE23 LIVERY SYSTEMS.— 

24 (1) IN GENERAL.—Not later than 2 years after 

25 the date of enactment of this Act, and every 5 years 


pbinns on DSKJLVW7X2PROD with $$_JOB
72 

•S 5163 IS

1 thereafter, the Administrator shall make publicly 

2 available a report on feasibility and best practices 

3 relating to reuse and refill within the following sec4 tors: 

5 (A) Food service, including— 

6 (i) take out; 

7 (ii) delivery of prepared meals; and 

8 (iii) meal kits. 

9 (B) Consumer food and beverage products. 

10 (C) Consumer cleaning products. 

11 (D) Consumer personal care products. 

12 (E) Transportation or shipping of whole13 sale and retail goods. 

14 (F) Public educational institutions, includ15 ing institutions of higher education. 

16 (G) Other sectors, as identified by the Ad17 ministrator. 

18 (2) OBJECTIVES.—The report under paragraph 

19 (1) shall evaluate and summarize— 

20 (A) types of reuse and refill product deliv21 ery systems that can be best used at different 

22 scales; 

23 (B) methods to ensure equitable distribu24 tion of reuse and refill product delivery systems 

25 in populations of color, communities of color, 


pbinns on DSKJLVW7X2PROD with $$_JOB
73 

•S 5163 IS

1 indigenous communities, and low-income com2 munities; 

3 (C) job creation opportunities through the 

4 use or expansion of reuse and refill systems; 

5 (D) economic costs and benefits for— 

6 (i) the businesses that deploy reuse 

7 and refill technologies; and 

8 (ii) the parties responsible for waste 

9 collection and management; 

10 (E) types of local, State, and Federal sup11 port needed to expand the use of reuse and re12 fill systems; and 

13 (F) existing barriers to widespread imple14 mentation of reuse and refill systems. 

15 (3) CONSIDERATION.—In preparing the report 

16 under paragraph (1), the Administrator shall con17 sider relevant information on reuse and refill pro18 grams and approaches in States, units of local gov19 ernment, and other countries. 

20 SEC. 7. STUDIES; AGENCY DIRECTIVES. 

21 (a) DEFINITION OF MICROPLASTIC.—In this section, 

22 the term ‘‘microplastic’’ means a plastic or plastic-coated 

23 particle that is less than 5 millimeters in any dimension. 

24 (b) NATIONAL RECYCLING STRATEGY.—The Admin25 istrator shall not expand the scope of the National RecyVerDate Sep 11 2014 04:05 Dec 06, 2022 Jkt 039200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S5163.IS S5163

pbinns on DSKJLVW7X2PROD with $$_JOB
74 

•S 5163 IS

1 cling Strategy of the Environmental Protection Agency to 

2 include facilities that treat plastic waste through the use 

3 of pyrolysis, gasification, or similar chemical recycling 

4 technologies. 

5 (c) FOOD AND DRUG ADMINISTRATION STUDY.— 

6 (1) IN GENERAL.—The Commissioner of Food 

7 and Drugs, in consultation with the Secretary of Ag8 riculture and, as necessary, the heads of other Fed9 eral agencies such as the Director of the National 

10 Institute of Standards and Technology and such 

11 other Federal agencies as the Commissioner of Food 

12 and Drugs determines to be necessary, shall conduct 

13 a nationwide study on the presence and sources of 

14 microplastics in food (including drink) products, in15 cluding food products containing fish, meat, fruits, 

16 or vegetables. 

17 (2) REPORT.—Not later than 1 year after the 

18 date of enactment of this Act, the Commissioner of 

19 Food and Drugs shall submit to Congress and make 

20 publicly available a report on the study conducted 

21 under this subsection. 

22 (3) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated such sums 

24 as are necessary to carry out this subsection. 

25 (d) MICROPLASTICS PILOT PROGRAM.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
75 

•S 5163 IS

1 (1) ESTABLISHMENT.—The Administrator shall 

2 establish a pilot program (referred to in this sub3 section as the ‘‘pilot program’’) to test the efficacy 

4 and cost effectiveness of tools, technologies, and 

5 techniques— 

6 (A) to remove microplastics from the envi7 ronment without causing additional harm to the 

8 environment; and 

9 (B) to prevent the release of microplastics 

10 into the environment. 

11 (2) REQUIREMENTS.—In carrying out the pilot 

12 program, the Administrator shall include the testing, 

13 and analysis and mitigation of any environmental 

14 impacts, of— 

15 (A) natural infrastructure; 

16 (B) green infrastructure (as defined in sec17 tion 502 of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1362)); and 

19 (C) mechanical removal systems (such as 

20 pumps) and filtration technologies, including a 

21 consideration of potential negative ecological 

22 impacts that may result from filtration in nat23 ural waterways and ocean waters. 


pbinns on DSKJLVW7X2PROD with $$_JOB
76 

•S 5163 IS

1 (3) ELIGIBLE PILOT PROGRAM LOCATIONS.—In 

2 carrying out the pilot program, the Administrator 

3 may carry out projects located in— 

4 (A) stormwater systems; 

5 (B) wastewater treatment facilities; 

6 (C) drinking water systems; 

7 (D) ports, harbors, inland waterways, estu8 aries, and marine environments; and 

9 (E) roadways, highways, and other streets 

10 used for vehicular travel. 

11 (4) OUTREACH.—In determining selection cri12 teria and projects to carry out under the pilot pro13 gram, the Administrator shall conduct outreach to— 

14 (A) the Interagency Marine Debris Coordi15 nating Committee established under section 

16 5(a) of the Marine Debris Act (33 U.S.C. 

17 1954(a)); and 

18 (B) stakeholders and experts in the appli19 cable field, as determined by the Administrator. 

20 (5) REPORTS.— 

21 (A) INITIAL REPORT.—Not later than 180 

22 days after the date of enactment of this Act, 

23 the Administrator shall submit to Congress a 

24 report describing the outreach conducted under 

25 paragraph (4). 


pbinns on DSKJLVW7X2PROD with $$_JOB
77 

•S 5163 IS

1 (B) SUBSEQUENT REPORT.—Not later 

2 than 3 years after the date on which the Ad3 ministrator establishes the pilot program, the 

4 Administrator shall submit to Congress a report 

5 describing the effectiveness of projects carried 

6 out under the pilot program. 

7 (6) RULEMAKING REQUIRED.—Not later than 1 

8 year after the date on which the Administrator sub9 mits to Congress the report required under para10 graph (5)(B), the Administrator shall initiate a rule11 making to address abatement and mitigation of 

12 microplastics in locations described in paragraph (3) 

13 using technologies and methods tested under the 

14 pilot program. 

15 (7) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated such sums 

17 as are necessary to carry out this subsection. 

18 (e) NATIONAL INSTITUTES OF HEALTH RE19 SEARCH.— 

20 (1) IN GENERAL.—The Director of the National 

21 Institutes of Health shall conduct or support re22 search on the presence of microplastics in the 

23 human body, which may include determining how 

24 the presence of microplastics in organs and biospeciVerDate Sep 11 2014 04:05 Dec 06, 2022 Jkt 039200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S5163.IS S5163

pbinns on DSKJLVW7X2PROD with $$_JOB
78 

•S 5163 IS

1 mens, including urine, breastmilk, and stool, impacts 

2 human health. 

3 (2) REPORT.—Not later than 1 year after the 

4 date of enactment of this Act, and annually for the 

5 next 4 years thereafter, the Director of the National 

6 Institutes of Health shall submit to Congress and 

7 make publicly available a report that provides an 

8 overview of the research conducted or supported 

9 under this subsection and any relevant findings. 

10 (3) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated such sums 

12 as are necessary to carry out this subsection. 

13 SEC. 8. REDUCING SINGLE-USE PLASTICS IN AGRI14 CULTURE. 

15 (a) BIODEGRADABLE WEED BARRIERS PRACTICE

16 UNDER THE ENVIRONMENTAL QUALITY INCENTIVES

17 PROGRAM.—The Secretary of Agriculture shall designate 

18 a project to replace the use of on-farm plastic weed bar19 riers and weed mitigants with nonplastic, biodegradable 

20 alternatives as an agricultural conservation practice or en21 hancement that meets the requirement described in sec22 tion 21001(a)(1)(B)(iii) of Public Law 117–169 (com23 monly referred to as the ‘‘Inflation Reduction Act of 

24 2022’’). 


pbinns on DSKJLVW7X2PROD with $$_JOB
79 

•S 5163 IS

1 (b) SINGLE-USE PLASTIC FARM PRODUCT PACK2 AGING REDUCTION GRANTS.—Section 210A of the Agri3 cultural Marketing Act of 1946 (7 U.S.C. 1627c) is 

4 amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (5), by striking ‘‘and’’ at 

7 the end; 

8 (B) by redesignating paragraph (6) as 

9 paragraph (7); and 

10 (C) by inserting after paragraph (5) the 

11 following: 

12 ‘‘(6) supports the reduction of single-use plas13 tics from the post-production distribution packaging 

14 of agricultural producers; and’’; 

15 (2) by redesignating subsections (f) through (i) 

16 as subsections (g) through (j), respectively; 

17 (3) by striking ‘‘subsection (i)’’ each place it 

18 appears and inserting ‘‘subsection (j)’’; 

19 (4) by inserting after subsection (e) the fol20 lowing: 

21 ‘‘(f) SINGLE-USE PLASTIC FARM PRODUCT PACK22 AGING REDUCTION GRANTS.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall provide 

24 grants to entities described in paragraph (3) to sig25 nificantly reduce or eliminate single-use plastics 


pbinns on DSKJLVW7X2PROD with $$_JOB
80 

•S 5163 IS

1 from the post-production distribution packaging of 

2 the entities. 

3 ‘‘(2) ADMINISTRATION.—The Secretary shall 

4 carry out this subsection through the Administrator 

5 of the Agricultural Marketing Service, in coordina6 tion with the Administrator of the Rural Business7 Cooperative Service. 

8 ‘‘(3) ELIGIBLE ENTITIES.—An entity shall be 

9 eligible for a grant under paragraph (1) if the entity 

10 is— 

11 ‘‘(A) an independent producer (as deter12 mined by the Secretary) of a value-added agri13 cultural product; or 

14 ‘‘(B) an agricultural producer group, farm15 er or rancher cooperative, or majority-controlled 

16 producer-based business venture (as determined 

17 by the Secretary). 

18 ‘‘(4) GRANT AMOUNT.—The amount of a grant 

19 provided under paragraph (1) shall be not more than 

20 $250,000. 

21 ‘‘(5) TERM.—The term of a grant provided 

22 under paragraph (1) shall be 3 years. 

23 ‘‘(6) PRIORITY.—In providing grants under 

24 paragraph (1), the Secretary shall give priority to— 

25 ‘‘(A) beginning farmers or ranchers; 


pbinns on DSKJLVW7X2PROD with $$_JOB
81 

•S 5163 IS

1 ‘‘(B) veteran farmers or ranchers; 

2 ‘‘(C) organic and regenerative farmers; and 

3 ‘‘(D) socially disadvantaged farmers or 

4 ranchers. 

5 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to carry out 

7 this subsection $25,000,000 for each of fiscal years 

8 2023 through 2032.’’; and 

9 (5) in subsection (i)(1) (as so redesignated), in 

10 the matter preceding subparagraph (A), by striking 

11 ‘‘subsection (i)(3)(E)’’ and inserting ‘‘subsection 

12 (j)(3)(E)’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB