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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9676 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9676

 To direct the Administrator of the Environmental Protection Agency to 
    establish National Plastics Recycling Standards, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2024

 Mr. Bucshon (for himself and Mr. Davis of North Carolina) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL

 
 To direct the Administrator of the Environmental Protection Agency to 
    establish National Plastics Recycling Standards, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Accelerating a 
Circular Economy for Plastics and Recycling Innovation Act of 2024''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
             TITLE I--NATIONAL PLASTICS RECYCLING STANDARDS

Sec. 101. National Plastics Recycling Standards Advisory Committee.
Sec. 102. National plastic recycling standards.
Sec. 103. Comparative study on carbon impact of raw materials.
             TITLE II--MINIMUM MANDATE FOR RECYCLED PLASTIC

Sec. 201. Definitions.
Sec. 202. Minimum mandate for recycled plastic in plastics packaging 
                            portfolio.
Sec. 203. Labeling compliance and enforcement.
Sec. 204. General provisions.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Environmental Protection Agency has recognized that 
        reusing and recycling materials conserves natural resources, 
        reduces waste sent to landfills and incinerators, prevents 
        pollution, conserves natural resources, reduces greenhouse 
        gases contributing to climate change, and helps create jobs and 
        tax revenue.
            (2) Given these benefits, the Environmental Protection 
        Agency set a National Recycling Goal in 2020 to increase the 
        national recycling rate for all materials to 50 percent by 
        2030.
            (3) As a parallel effort, the Environmental Protection 
        Agency developed a ``National Recycling Strategy'' that 
        identifies objectives and actions to create a stronger, more 
        resilient recycling system.
            (4) Collectively, these efforts intend to increase the 
        amount of materials that can be recycled, make the processing 
        system more efficient, ensure the industry can keep pace with 
        today's diverse and changing waste system, and strengthen the 
        economic markets for recycling materials.
            (5) These measures are also intended to help manufacturers 
        make more products using recycled materials, increase 
        competition, and encourage demand for more products made using 
        recycled materials.
            (6) There is an unprecedented public and private momentum 
        and investment to innovate, improve, and expand the existing 
        recycling system to develop a circular economy for plastics.
            (7) A circular economy for plastic products and materials, 
        whether derived from oil, gas, or organics, benefits 
        businesses, society, and the environment.
            (8) To meet the National Recycling Goal and support 
        domestic interests and competitiveness within international 
        markets, it will be necessary for the recycling market in the 
        United States to expand its deployment of advanced recycling 
        technologies.
            (9) These innovative manufacturing processes fundamentally 
        transform the chemical structure of post-use polymer products, 
        many of which are traditionally hard to recycle by mechanical 
        recycling techniques, back to their basic chemical or molecular 
        components.
    (b) Purpose.--The purposes of this Act are to--
            (1) grow the circular economy for plastics products and 
        materials to--
                    (A) meet the National Recycling Goal;
                    (B) protect the global environment;
                    (C) reduce plastic waste;
                    (D) support the standardization of the recycling 
                infrastructure capacity in the United States; and
                    (E) bolster competition, technological innovation, 
                and robust global and national markets around circular 
                products;
            (2) create national plastics recycling standards to 
        encourage the modernization of the recycling infrastructure of 
        the United States;
            (3) foster competition and consistency in marketing 
        recycled plastics in plastics packaging;
            (4) recognize advanced recycling technologies as a critical 
        component of the international market for recycled products and 
        the National Recycling Strategy;
            (5) recognize advanced recycling as a manufacturing process 
        to be regulated under applicable Federal, State, and local 
        environmental statutes, rules, and regulations, including the 
        Clean Air Act (42 U.S.C. 7401 et seq.); and
            (6) promote international movement towards the use of 
        advanced recycling technologies and the utilization of recycled 
        plastics in the manufacturing of plastics packaging to support 
        the global economy.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Advanced recycling; advanced plastics recycling.--The 
        term ``advanced recycling'' or ``advanced plastics recycling'' 
        means a manufacturing process for the conversion of post-use 
        polymers and recovered feedstocks into recycled products that 
        include basic raw materials, feedstocks, chemicals, and other 
        products through processes that include pyrolysis, 
        gasification, depolymerization, catalytic cracking, solvolysis, 
        chemolysis, and other similar technologies. The recycled 
        products produced at advanced recycling or advanced plastics 
        recycling facilities include, but are not limited to, monomers, 
        oligomers, plastics, plastic and chemical feedstocks, basic and 
        unfinished chemicals, waxes, lubricants, coatings, and 
        adhesives. Advanced recycling shall not be considered 
        incineration of plastics or municipal waste combustion, and 
        products sold as fuel are not recycled products. Advanced 
        recycling shall not be considered ``solid waste management'', 
        ``solid waste processing'', ``solid waste recovery'', 
        ``incineration'', ``treatment'', ``thermal destruction'', 
        ``municipal waste combustion'', ``waste-to-energy'', or similar 
        designations that would prevent the process from being 
        considered a recycling process and the products from such 
        process being considered recycled products. Advanced recycling 
        shall be regulated as a manufacturing process under any 
        potentially applicable Federal, State, or local environmental 
        laws, rules, and regulations, including, but not limited to, 
        the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act 
        (33 U.S.C. 1251 et seq.), and the Solid Waste Disposal Act (42 
        U.S.C. 6901 et seq,).
            (3) Advanced recycling facility; advanced plastics 
        recycling facility.--The term ``advanced recycling facility'' 
        or ``advanced plastics recycling facility'' means a 
        manufacturing facility that receives, stores, and converts 
        post-use polymers and advanced recycling plastic feedstocks it 
        receives using advanced recycling. Advanced recycling or 
        advanced plastics recycling facilities shall not be considered 
        ``solid waste facilities'', ``solid waste disposal 
        facilities'', ``solid waste management facilities'', ``resource 
        recovery facilities'', ``materials recovery facilities'', 
        ``thermal destruction facilities'', ``incinerators'', 
        ``municipal waste combustors'', ``combustion facilities'', 
        ``treatment facilities'', ``reclamation facilities'', 
        ``recycling facilities'', or ``recycling centers'', as defined 
        herein or in under definitions in the Solid Waste Disposal Act 
        (42 U.S.C. 6901 et seq.), the Clean Air Act (42 U.S.C. 7401 et 
        seq.), or any other potentially applicable Federal, State, or 
        local environmental laws, rules, and regulations. Advanced 
        recycling or advanced plastics recycling facilities shall be 
        regulated as manufacturing facilities under any potentially 
        applicable Federal, State, or local environmental laws, rules, 
        and regulations, including, but not limited to, the Clean Air 
        Act (42 U.S.C. 7401 et seq.) and the Clean Water Act (33 U.S.C. 
        1251 et seq.).
            (4) Approved certification system.--The term ``approved 
        certification system'' shall have the meaning ascribed to that 
        term in section 202(c)(2) of this Act.
            (5) Auditable.--The term ``auditable'' means a system for 
        verifying the chain of custody between advanced recycling 
        plastic feedstocks, advanced recycling products, and the 
        plastics produced from advanced recycling products through 
        attribution using mass balance.
            (6) Certified compostable product.--The term ``certified 
        compostable product'' means a product that is certified by a 
        recognized third-party independent verification body as meeting 
        the international standard specification ASTM D6400 (relating 
        to standard specification for labeling of plastics designed to 
        be aerobically composted in municipal or industrial facilities) 
        or ASTM D6868 (relating to standard specifications for labeling 
        of end items that incorporate plastics and polymers as coatings 
        or additives with paper and other substrates designed to be 
        aerobically or anaerobically composted in homes or municipal or 
        industrial facilities).
            (7) Certified recycled.--The term ``certified recycled'' 
        shall have the same meaning as recycled plastics.
            (8) Chain of custody.--The term ``chain of custody'' means 
        a system to document and verify the path taken through means, 
        including but not limited to, physical methods or mass balance 
        attribution during the production of products.
            (9) Circular economy.--The term ``circular economy'' shall 
        have the meaning provided in section 2 of the Save Our Seas 2.0 
        Act (33 U.S.C. 4201).
            (10) Committee.--The term ``Committee'' means the National 
        Plastic Recycling Standards Advisory Committee established 
        under section 101.
            (11) Disposal.--The term ``disposal'' has the meaning given 
        such term under section 1004 of the Solid Waste Disposal Act 
        (42 U.S.C. 6903).
            (12) Gasification.--The term ``gasification'' means a 
        manufacturing process through which post-use polymers or 
        recovered feedstocks are heated in an oxygen-controlled 
        atmosphere and converted to syngas (carbon monoxide and 
        hydrogen), followed by conversion into valuable raw, 
        intermediate, and final products.
            (13) Hazardous waste.--The term ``hazardous waste'' has the 
        meaning given such term in section 1004 of the Solid Waste 
        Disposal Act (42 U.S.C. 6903).
            (14) Mass balance certification.--The term ``mass balance 
        certification'' means an auditable chain of custody accounting 
        methodology with rules defined by a third-party certification 
        system that enables the attribution of the mass of advanced 
        recycling plastic feedstocks to one or more advanced recycling 
        products.
            (15) Marketer.--The term ``marketer'' means a person who--
                    (A) manufactures or purchases manufactured consumer 
                commodities, food, and beverages; and
                    (B) encloses, contains, stores, protects, 
                preserves, or identifies such consumer commodities, 
                food, and beverages in plastic packaging for the 
                purpose of selling, importing, or distributing in the 
                United States.
            (16) Mechanical recycling.--The term ``mechanical 
        recycling'' means a recycling process that recycles material, 
        including plastic through a physical process, including 
        grinding, washing, separating, drying, regranulating, and 
        compounding.
            (17) Minimum mandate.--The term ``minimum mandate'' means 
        the minimum mandate established under section 201(3).
            (18) Municipal solid waste.--The term ``municipal solid 
        waste'' means garbage, refuse, industrial lunchroom, or office 
        waste, and other material, including solid, liquid, semisolid, 
        or contained gaseous material resulting from operation of 
        residential, municipal, commercial, or institutional 
        establishments and from community activities, generated by a 
        household, collected and disposed of at municipal solid waste 
        facilities, and any sludge not meeting the definition of 
        residual or hazardous waste hereunder from a municipal, 
        commercial, or institutional water supply treatment plant, 
        waste water treatment plant, or air pollution control facility. 
        The term does not include advanced recycling feedstocks that 
        are collected, sorted, transported, stored, or processed for 
        conversion to advanced recycling products through advanced 
        recycling. Municipal solid waste can be used as advanced 
        recycling feedstocks upon physical separation or sorting.
            (19) National plastic recycling standards.--The term 
        ``national plastic recycling standards'' means the standards 
        established under section 102.
            (20) National recycling goal.--The term ``National 
        Recycling Goal'' means the goal set forth by the Environmental 
        Protection Agency during the 2020 America Recycles Summit to 
        increase the national recycling rate to 50 percent by 2030.
            (21) National recycling strategy.--The term ``National 
        Recycling Strategy'' or the ``Strategy'' means the National 
        Recycling Strategy finalized by the Environmental Protection 
        Agency in November 2021.
            (22) Plastic.--The term ``plastic'' or ``plastics'' means 
        any material made of polymeric organic compounds derived from 
        monomers and additives that can be shaped by flow.
            (23) Plastics packaging.--The term ``plastics packaging'' 
        means any immediate container or wrapping in which the 
        principal structural element is composed of plastic that is 
        used to enclose, contain, store, protect, preserve, transport, 
        or identify consumer commodities, food, or beverages for use in 
        the sale of such consumer commodities, food, or beverages.
            (24) Plastics recycling accounting and labeling program.--
        The term ``Plastics Recycling Accounting and Labeling Program'' 
        means the accounting and labeling program established under 
        section 203(a) of this Act.
            (25) Post-use plastic.--The term ``post-use plastic'' means 
        a pre-consumer recovered material or a post-consumer recovered 
        material that--
                    (A) contains plastic derived from a residential, 
                municipal, industrial, community, or commercial source;
                    (B) is not mixed with hazardous waste except to the 
                extent allowed by the national plastic recycling 
                standards; and
                    (C) is in a form acceptable for mechanical 
                recycling and advanced recycling.
            (26) Post-use plastic product.--The term ``post-use plastic 
        product'' means material made wholly or in part of post-use 
        plastics.
            (27) Post-use polymer.--The term ``post-use polymer'' means 
        a plastic to which all of the following apply:
                    (A) The plastic is derived from any industrial, 
                commercial, agricultural, or domestic activities, and 
                includes pre-consumer recovered materials and post-
                consumer materials.
                    (B) The plastic has been sorted form solid waste 
                and other regulated waste but may contain residual 
                amounts of waste such as organic material and 
                incidental contaminants or impurities (e.g., paper 
                labels and metal rings).
                    (C) It is not mixed with solid waste or hazardous 
                waste onsite or during processing at the advanced 
                recycling facility.
                    (D) The plastic's use or intended use is as a 
                feedstock for the manufacturing of feedstocks, raw 
                materials, or other intermediate products or final 
                products using advanced recycling.
                    (E) The plastic is processed at an advanced 
                recycling facility or held at such facility prior to 
                processing.
            (28) Pre-consumer recovered plastic material.--The term 
        ``pre-consumer plastic recovered material'' means material that 
        has never reached the end user, having been diverted from the 
        waste stream during a manufacturing process. The term does not 
        include material generated in a process and capable of being 
        reused or reutilized as a substitute for a raw material without 
        being modified in any way. Pre-consumer recovered plastic 
        material collected, sorted, transported, stored, or processed 
        for use in mechanical or advanced recycling shall not be 
        considered solid waste under the Solid Waste Disposal Act (42 
        U.S.C. 6901 et seq.) or its implementing regulations.
            (29) Processing.--The term ``processing'' means any method 
        or technology used for the purpose of reducing the volume or 
        bulk of municipal or residual solid waste for disposal. The 
        term does not include any method or technology used to convert 
        part or all of such materials for on-site reuse in advanced 
        recycling.
            (30) Pyrolysis.--The term ``pyrolysis'' means a 
        manufacturing process through which post-use polymers or 
        recovered feedstocks are heated in the absence of oxygen until 
        melted and thermally decomposed (non-catalytically or 
        catalytically) and are then cooled, condensed, and converted 
        into valuable raw materials and intermediate and final 
        products, including but not limited to, plastic monomers, 
        chemicals, naphtha, waxes, plastic, and chemical feedstocks 
        that are returned to economic utility in the form of raw 
        materials and products.
            (31) Recovered feedstock.--The term ``recovered feedstock'' 
        means one or more of the following materials that has been 
        processed so that it may be used as feedstock in an advanced 
        recycling facility post-use polymers or materials for which the 
        Environmental Protection Agency has made a non-waste 
        determination or has otherwise determined are feedstocks and 
        not solid waste. Recovered feedstock does not include 
        unprocessed municipal waste. Recovered feedstock is not mixed 
        with solid waste or hazardous waste on-site or during 
        processing at an advanced recycling facility.
            (32) Recycled plastic.--The term ``recycled plastic'' means 
        products that are produced from mechanical recycling of pre-
        consumer recovered feedstocks or plastics, and post-consumer 
        plastics or from the advanced recycling of pre-consumer 
        recovered feedstocks or plastics, and post-consumer plastics 
        via mass balance attribution under a third-party certification 
        system. The terms ``recycled content'' and ``certified 
        recycled'' shall have the same meaning as ``recycled plastic''.
            (33) Recycling rate.--The term ``recycling rate'' means the 
        percentage of post-use materials recycled from the total post-
        use materials generated, as it is measured by the Environmental 
        Protection Agency. Products marketed or sold as fuels or energy 
        are not recycled materials for purposes of calculating the 
        recycling rate.
            (34) Solid waste.--The term ``solid waste'' has the meaning 
        given such term in section 1004 of the Solid Waste Disposal Act 
        (42 U.S.C. 6903). Post-use plastics and recovered feedstocks 
        that are collected, sorted, transported, stored, or processed 
        for use in an advanced recycling facility using advanced 
        recycling technologies or held at an advanced recycling 
        facility prior to processing are not solid waste.
            (35) Third-party certification system.--The term ``third-
        party certification system'' means an international and multi-
        national third-party certification system, which consists of a 
        set of rules for the implementation of mass balance attribution 
        approaches for advanced recycling of materials.

             TITLE I--NATIONAL PLASTICS RECYCLING STANDARDS

SEC. 101. NATIONAL PLASTICS RECYCLING STANDARDS ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall establish the National 
Plastics Recycling Standards Advisory Committee for a period of not 
less than 4 years, upon which the Administrator may renew the charter 
of the Committee pursuant to section 1013 of title 5, United States 
Code.
    (b) Composition.--
            (1) In general.--The Committee shall be composed of 14 
        members who shall be appointed as follows:
                    (A) 2 members appointed by the Administrator.
                    (B) 3 members appointed by the Chairman of the 
                Committee on Environment and Public Works of the 
                Senate.
                    (C) 3 members appointed by the ranking minority 
                member of the Committee on Environment and Public Works 
                of the Senate.
                    (D) 3 members appointed by the Chairman of the 
                Committee on Energy and Commerce of the House of 
                Representatives.
                    (E) 3 members appointed by the ranking minority 
                member of the Committee on Energy and Commerce of the 
                House of Representatives.
            (2) Fair balance of membership.--Not later than 60 days 
        after finalization of the Committee roster, the Advisory 
        Committee Management Officer, designated pursuant to section 
        1007 of title 5, United States Code, and the designated officer 
        or employee of the Federal Government, designated pursuant to 
        section 1009 of title 5, United States Code, shall prepare and 
        submit a report to the Administrator confirming that the 
        members appointed under paragraph (1) represents a fair balance 
        between the points of views from each of the following:
                    (A) Companies that haul or manage municipal solid 
                waste.
                    (B) Companies that manufacture plastic resin.
                    (C) Companies directly involved in the design, 
                production, use, and recycling of plastic materials.
                    (D) Consumer brands and retail companies that sell 
                end products utilizing plastic packaging directly to 
                consumers.
                    (E) Municipalities that administer residential 
                waste and recycling programs.
                    (F) Companies engaged in the advanced recycling of 
                plastic packaging.
                    (G) Companies engaged in the mechanical recycling 
                of plastic packaging.
            (3) Term.--
                    (A) In general.--Except as provided in subparagraph 
                (B), each member shall serve a term of 4 years.
                    (B) Initial staggering.--The initial appointments 
                made by the Administrator under paragraph (1) shall be 
                for a term of 2 years.
    (c) Duties.--
            (1) Study to develop national plastic recycling 
        standards.--
                    (A) In general.--Not later than 1 year after its 
                formation, the Committee shall begin conducting a study 
                for the purpose of advising the Administrator in the 
                establishment and implementation of the national 
                plastic recycling standards.
                    (B) Solicitation.--In conducting the study under 
                subparagraph (A), the Committee shall solicit 
                information from relevant stakeholders, including--
                            (i) local government officials; and
                            (ii) representatives from the plastic, 
                        recycling, waste haulers, and advanced 
                        recycling industries.
                    (C) Study topics.--The study conducted under 
                subparagraph (A) shall evaluate and provide 
                recommendations on the following topics:
                            (i) The elements to be included in the 
                        national plastic recycling standards.
                            (ii) Ways that the national plastic 
                        recycling standards may be better harmonized 
                        with international, multinational and State 
                        efforts, regulations, and chain of custody and 
                        certified mass balance methodologies to 
                        increase the efficiency and impact of the 
                        national plastic recycling standards.
                            (iii) The best practices and strategies 
                        developed by community recycling programs, 
                        including consumer outreach and education, and 
                        how and to what extent such practices and 
                        strategies can and should be--
                                    (I) incorporated into the National 
                                Recycling Strategy;
                                    (II) incorporated into the 
                                activities of Federal agencies to 
                                increase the national recycling rate; 
                                or
                                    (III) potential strategies to 
                                encourage the development and 
                                implementation of efficient waste 
                                collection, sortation, pre-processing, 
                                and mechanical and advanced recycling 
                                technologies with respect to plastic 
                                materials.
                            (iv) Ways that the National Plastics 
                        Recycling Standards for sorted or partially 
                        sorted mixed materials containing post-use 
                        plastic may best support the increased use of 
                        advanced recycling technologies to create 
                        feedstocks for the production of circular 
                        plastics and be harmonized with, or exempted 
                        from, other Federal, State, and local laws to 
                        increase advanced recycling capacity.
                            (v) Ways in which the national plastic 
                        recycling standards may increase the supply of 
                        materials entering recycling systems and 
                        minimizing the incineration, landfilling, and 
                        improper disposal of materials in the 
                        environment.
                            (vi) Potential strategies to address 
                        materials that enter the recycling collection 
                        system that are not composed of post-use 
                        plastics that significantly and adversely 
                        impact the advancement of mechanical and 
                        advanced recycling processes from achieving 
                        annual mandates for recycled plastics in 
                        plastics packaging.
                            (vii) Any additional authorities or 
                        financial resources necessary for the 
                        Administrator to improve data collection and 
                        the standardization of reporting with regard to 
                        the total supply of plastic packaging to enable 
                        the analysis of reuse and recycling performance 
                        and trends.
                            (viii) The potential incorporation of 
                        advanced recycling and advanced recycling 
                        products into the National Recycling Strategy.
                            (ix) Ways that the National Recycling 
                        Strategy and other national recycling efforts 
                        may be better harmonized with multinational, 
                        international, State, and local regulations, 
                        programs, and certification programs.
                            (x) The potential expansion of the National 
                        Recycling Strategy to--
                                    (I) improve and standardize 
                                collection and metrics;
                                    (II) prioritize innovation in 
                                product design, post-use collecting, 
                                sorting, and processing;
                                    (III) expand public space 
                                recycling;
                                    (IV) improve existing recycling 
                                systems and capacities;
                                    (V) enhance reporting for 
                                recycling, reuse, and compositing bio-
                                based plastics; and
                                    (VI) incorporate mass balance 
                                certification.
                            (xi) The benefits of innovative materials 
                        on durable goods and infrastructure, such as 
                        long-term pavement performance, emissions, 
                        plant and construction operations, 
                        infrastructure resiliency, and re-
                        recyclability.
                            (xii) The environmental, social, and 
                        financial benefits of annual mandates for 
                        recycled plastics in plastics packaging and the 
                        benefits of third-party certification systems 
                        for mechanical and advanced recycling.
                            (xiii) Potential ways that the National 
                        Recycling Strategy may improve and optimize the 
                        use of certified compostable products.
                            (xiv) Appropriate financial incentives, 
                        increased tipping fees, and other mechanisms, 
                        such as packaging fees, to encourage increased 
                        collection, avoid wasteful dispositions of 
                        post-use plastic products and encourage the 
                        development and implementation of waste 
                        collection, sortation, pre-processing, and 
                        mechanical and advanced recycling technologies.
                            (xv) The impact of the use of the American 
                        Society for Testing and Materials Resin 
                        Identification Codes symbol on plastic products 
                        on the rate of recycling in the United States, 
                        and whether Federal standards for use of the 
                        symbol in consumer outreach and education would 
                        help achieve the plastic recycling goal set by 
                        the Administrator under the National Recycling 
                        Strategy.
            (2) Report.--Not later than 15 months after the date on 
        which the Advisory Committee Management Officer deems a fair 
        balance of Committee membership under section 101(b)(2)(a), the 
        Committee shall complete the study and submit to the 
        Administrator a report on the study conducted under paragraph 
        (1), including--
                    (A) the findings of the Committee; and
                    (B) the recommendations of the Committee.
            (3) Advise administrator.--In consultation with the 
        Committee, the Administrator shall--
                    (A) establish training for awareness and 
                implementation of the National Plastics Recycling 
                Standards for employees of the Environmental Protection 
                Agency; and
                    (B) develop educational materials and implement a 
                nationwide campaign targeted toward helping 
                residential, commercial, and industrial consumers 
                understand the role of such consumers in implementing 
                the National Plastics Recycling Standards.
    (d) Funding.--There is authorized to be appropriated such sums as 
are necessary to carry out this section.

SEC. 102. NATIONAL PLASTIC RECYCLING STANDARDS.

    (a) Establishment.--Not later than 18 months after the date on 
which the Committee issues a report under section 101(c), the 
Administrator, in consultation with the relevant heads of Federal 
agencies and taking into consideration such report, shall establish the 
national plastic recycling standards for the purpose of supporting 
achievement of the National Recycling Strategy.
    (b) Requirements.--The national plastic recycling standards 
established under subsection (a) shall contain the following:
            (1) Specifications required for advanced recycling 
        feedstocks to support conversion back to new chemicals, 
        plastics, and other useful products.
            (2) Minimum standards for municipal systems in which 
        residents are charged for waste collection based on the amount 
        of waste they throw away (Pay-As-You-Throw systems), 
        infrastructure capacity to ensure jurisdictions are able to 
        handle common materials and adjust to new waste streams, and 
        household access to optimize the ability of all Americans to 
        recycle, including the development of Federal grant programs to 
        assist with the equitable access for all communities, including 
        exurban, multi-family, and rural communities, to meet the 
        minimum access standards.
            (3) Minimum processing requirements to increase the 
        recycling of post-use plastics.
            (4) Systems, measures, and metrics to be used to analyze 
        the effectiveness of the national plastic recycling standards, 
        including recordkeeping and reporting requirements.
            (5) Standards and guidelines for the testing, design, 
        manufacture, use, performance, and re-recyclability of 
        innovative material to be used in construction, preservation, 
        rehabilitation, or reconstruction of infrastructure and long-
        term pavement, and including Federal grant programs for 
        projects prone to flooding due to severe storms, storm surges, 
        or projected sea level rise during the projected lifetime of 
        the project.
            (6) Educational programs to promote compliance with and 
        support for the national plastic recycling standards, and 
        awareness of plastics recycling with respect to different 
        geographic, rural, and urban needs.
            (7) Standards and data collection procedures to determine 
        the annual supply of post-use plastics available for advanced 
        recycling feedstocks.
            (8) Standards for Federal, State, and municipal government 
        and industry data collection, metrics, and reporting for reuse, 
        recycling, composting, recovery, and disposal for the 
        Environmental Protection Agency to measure the national 
        recycling rate and report against the National Recycling Goal.
    (c) Effective Date.--
            (1) In general.--The Administrator shall establish a date, 
        no later than 3 years following promulgation of the National 
        Recycling Standards, for the standards to go into effect.
            (2) Considerations.--In establishing the effective date 
        under paragraph (1), the Administrator shall take into 
        consideration--
                    (A) the cost of achieving a circular economy for 
                plastics;
                    (B) the feasibility of implementing the national 
                plastic recycling standards, including the time needed 
                to--
                            (i) obtain necessary permit approvals;
                            (ii) procure, install, and test control 
                        equipment; and
                            (iii) procure funding to implement 
                        infrastructure and access improvements, 
                        including the development and disbursement of 
                        Federal financial incentives;
                    (C) the availability of equipment, supplies, and 
                labor;
                    (D) the potential reduction of solid waste in 
                landfills, oceans, and the natural environment; and
                    (E) the potential net employment impacts.

SEC. 103. COMPARATIVE STUDY ON CARBON IMPACT OF RAW MATERIALS.

    (a) Study.--Not later than 90 days after the date of enactment of 
this Act, the Administrator shall seek to enter into appropriate 
arrangements with the National Academies of Sciences, Engineering, and 
Medicine (in this section referred to as the ``National Academies'') 
under which the National Academies shall conduct a study that compares 
the resource use, resource efficiency, and carbon impact of products 
made of raw materials (including plastic, bio-based plastic, steel, 
aluminum, glass, textiles, wood, and paper) across the life cycle, 
including the production, transportation, packaging use, and any method 
of recovery, of such products.
    (b) Report.--Not later than 2 years after the date of the enactment 
of this Act, the National Academies shall submit to Congress, the 
Administrator, the Secretary of Energy, and the Secretary of Commerce a 
report on the study conducted under subsection (a) that includes--
            (1) the findings of such study; and
            (2) recommendations based on such findings--
                    (A) that address concerns associated with climate 
                change, including life cycle greenhouse gas emissions 
                of products made with raw materials;
                    (B) with respect to any knowledge gaps that may 
                require further scientific inquiry and studies; and
                    (C) on potential educational efforts to help 
                residential, commercial, and industrial consumers 
                understand the climate carbon footprint of such 
                residential, commercial, and industrial consumers.

             TITLE II--MINIMUM MANDATE FOR RECYCLED PLASTIC

SEC. 201. DEFINITIONS.

    In this title:
            (1) Compliance deficit percentage.--The term ``compliance 
        deficit percentage'' means the amount of the mandate shortfall 
        divided by the mandated quantity of recycled plastics as 
        determined by Administrator.
            (2) Mandate shortfall.--The term ``mandate shortfall'' 
        means, in pounds, the sum of--
                    (A) the total pounds of plastics used in an annual 
                plastics packaging portfolio of a marketer multiplied 
                by the applicable mandate for recycled plastics, less
                    (B) the pounds of recycled plastics actually used, 
                as determined by the Administrator, in such annual 
                plastics packaging portfolio.
            (3) Minimum mandate.--The term ``minimum mandate'' means 
        the requirement of having a minimum percentage of a plastics 
        packaging portfolio of a marketer that is made of recycled 
        plastics under section 202(a).
            (4) Minimum percentage.--The term ``minimum percentage'' 
        means the percentage that is determined by the Administrator 
        under section 202(b)(2).
            (5) Plastics packaging portfolio.--The term ``plastics 
        packaging portfolio'' means a marketer's total annual portfolio 
        of plastics packaging, including packaging made from virgin and 
        recycled resins sold, marketed, and distributed in the United 
        States.

SEC. 202. MINIMUM MANDATE FOR RECYCLED PLASTIC IN PLASTICS PACKAGING 
              PORTFOLIO.

    (a) Minimum Mandate.--Not later than 180 days after the date of 
enactment of this Act, and for each calendar year thereafter subject to 
paragraph (2), if applicable, the Administrator shall set regulations 
requiring a minimum percentage of a plastics packaging portfolio of a 
marketer containing plastics packaging that includes recycled plastics 
in accordance with this section.
    (b) Minimum Percentage.--
            (1) 30 by 30.--In carrying out the minimum mandate under 
        subsection (a), the Administrator shall increase the minimum 
        percentage pursuant to paragraph (2) to a maximum of 30 percent 
        by 2030.
            (2) Evaluation process.--
                    (A) Establishment.--Not later than 1 year after the 
                date of enactment of this Act, the Administrator shall 
                establish an evaluation process under which the 
                Administrator shall evaluate the minimum percentage 
                that is in effect at the time of beginning the 
                evaluation process to determine whether such minimum 
                percentage should be adjusted based on--
                            (i) the supply of on-specification recycled 
                        post-use plastics feedstocks available for 
                        mechanical or advanced recycling, calculated 
                        based on the data the Administrator shall 
                        require States to annually submit regarding the 
                        amount of available incoming recycled 
                        feedstocks by categories of post-use plastics, 
                        and shall take into consideration the proximity 
                        of the available recycled feedstocks to the 
                        available recycling infrastructure, including 
                        either mechanical or advanced recycling 
                        facilities;
                            (ii) the annual data collected by the 
                        Administrator pursuant to reporting 
                        requirements developed pursuant to section 203 
                        to evaluate the Nation's advanced recycling 
                        capacity;
                            (iii) changes in market conditions, 
                        including supply and demand for recycled post-
                        use plastics feedstocks, collection rates, and 
                        post-use plastic availability both domestically 
                        and globally;
                            (iv) the capacity of advanced and 
                        mechanical recycling infrastructure;
                            (v) the supply of on-specification recycled 
                        feedstocks available for mechanical or advanced 
                        recycling to be used in plastics packaging that 
                        contains drugs, medical devices, cosmetics, 
                        medical food, or infant formula (as such terms 
                        are defined in the Federal Food, Drug, and 
                        Cosmetic Act (21 U.S.C. 301 et seq.)) or any 
                        other product packages with health and safety 
                        related recycled plastics restrictions;
                            (vi) any consultations with the National 
                        Plastics Recycling Standards Committee or 
                        experts from the scientific, process 
                        engineering, economic development, plastics, 
                        recycling, waste haulers, and recycling 
                        industries; and
                            (vii) whether there has been implementation 
                        of policies to support or help finance the 
                        development of collection and sorting 
                        infrastructure for post-use plastic.
                    (B) Evaluation.--Not later than 1 year after the 
                date on which the Administrator establishes the 
                evaluation process under subparagraph (A), and every 
                two years thereafter, the Administrator shall evaluate 
                the minimum percentage that is in effect at the time of 
                the evaluation using the process established under such 
                subparagraph and determine whether such minimum 
                percentage that is in effect should increase, decrease, 
                or stay the same for the following calendar year.
                    (C) Accelerated schedule.--Upon receipt of a 
                petition signed by at least 55 percent of all marketers 
                subject to this section, the Administrator may initiate 
                an evaluation on the date that is at least 1 year after 
                the date on which the Administrator conducted the 
                previous evaluation.
    (c) Third-Party Certification.--
            (1) In general.--The Administrator shall identify 
        international standards of third party certification bodies 
        including, but not limited to, as determined under paragraph 
        (2) that certify the percentage of recycled plastics in a 
        plastics packaging portfolio for the purpose of enforcing the 
        minimum mandate under section 203, in accordance with this 
        paragraph.
            (2) Approved certification systems list.--Not later than 
        180 days after the enactment of this Act, the Administrator 
        shall issue a list that contains certification systems that:
                    (A) Apply chain of custody, attribution, mass 
                balance, and certified mass balance attribution for 
                identifying the percentage of recycled plastics in a 
                plastics packaging portfolio.
                    (B) Are approved by the Administrator to certify 
                the percentage of recycled plastics in a plastics 
                packaging portfolio of a marketer. These systems 
                include those run by the following organizations:
                            (i) International Sustainability and Carbon 
                        Certification.
                            (ii) Underwriter Laboratories.
                            (iii) SCS Global Services.
                            (iv) Roundtable on Sustainable 
                        Biomaterials.
                            (v) Ecocycle.
                            (vi) REDcert.
            (3) Annual update.--Not later than 1 year after the date on 
        which the Administrator issues the approved certification 
        systems list under subparagraph (B), and annually thereafter, 
        the Administrator shall update the approved certification 
        systems list to incorporate new certification systems 
        satisfying the requirements in section 202(c)(2)(A).
    (d) Timeline.--Not later than 180 days after the date of enactment 
of this Act, the Administrator shall establish a timeline and reporting 
procedures by which--
            (1) a marketer submits documents prepared by an approved 
        third-party certification body as identified under section 
        202(c) that details the percentage of recycled plastics used 
        within the plastics packaging portfolio of the marketer;
            (2) the Administrator makes a determination on such 
        documents; and
            (3) a marketer, upon certification, may begin to label 
        under section 203 of this Act.
    (e) Applicability.--
            (1) In general.--The minimum mandate shall apply to the 
        total annual plastics packaging portfolio of a marketer 
        excluding plastics packaging that is--
                    (A) manufactured from certified compostable 
                products; and
                    (B) subject to electrostatic discharge 
                restrictions.
            (2) Voluntary inclusion.--For any marketer that has plastic 
        packaging that is excluded under paragraph (1), such marketer 
        may voluntarily include such excluded plastic packaging for the 
        purpose of determining the total annual plastics packaging 
        portfolio under paragraph (1).

SEC. 203. LABELING COMPLIANCE AND ENFORCEMENT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish a plastics 
recycling accounting and labeling program (in this section referred to 
as the ``Program'') to increase the use and reliability of recycled 
plastics for plastics packaging.
    (b) Duties of Administrator.--Under the Program, the Administrator 
shall:
            (1) Outline the Administrator's oversight authority over 
        marketers in the plastics recycling accounting and labeling 
        programing, including the following:
                    (A) The certification process, including the 
                Administrator's procedures for confirmation that a 
                marketer has met the mandates for recycled plastics in 
                plastics packaging by satisfying the annual 
                requirements of an approved certification system. The 
                certification process shall include a one-page final 
                determination from the Administrator confirming the 
                marketer met the mandates for recycled plastics in 
                plastics packaging through an approved certification 
                system, which shall be automatically and electronically 
                conveyed to the Federal Trade Commission and the 
                marketer.
                    (B) The Administrator's obligation to publish basic 
                information about each marketer's efforts to meet the 
                minimum mandates, including the marketer's name and the 
                percent of recycled plastics achieved during past 
                certifications, while simultaneously protecting all 
                financial, production, or sales data from each marketer 
                that is claimed to confidential business information.
                    (C) Enforcement procedures and penalties for 
                prohibited acts performed by marketers with respect to 
                the certification process developed pursuant to section 
                202(d).
                            (i) The plastics recycling accounting and 
                        labeling program's definition of ``prohibited 
                        acts'' shall include violations of record 
                        keeping requirements, knowing 
                        misrepresentations by marketers in the 
                        certification process, and knowing distribution 
                        in commerce of any plastics packaging with the 
                        label developed pursuant to paragraph (3).
                            (ii) If the Administrator has reason to 
                        believe a marketer has undertaken a prohibited 
                        act, the Administrator shall issue a notice of 
                        noncompliance that may be corrected within 30 
                        days. The Administrator may issue a civil 
                        penalty for knowing violations. The civil 
                        penalties shall not exceed the sum of $25,000 
                        for every day of such violation. Any violation 
                        with respect to a regulation prescribed 
                        pursuant to the plastics recycling accounting 
                        and labeling program which establishes a 
                        regulatory standard based upon a multiday 
                        averaging period shall constitute a separate 
                        day of violation for each and every day in the 
                        averaging period.
                    (D) Procedures for the Administrator to notify the 
                Federal Trade Commission when products produced by 
                marketers are identified in retail without proper 
                labeling, as they shall be developed pursuant paragraph 
                (3) or with labeling based on misrepresentations or any 
                prohibited acts.
            (2) Develop recordkeeping requirements and procedures for 
        marketers involving the transfer of products between parties 
        that is synthesized with, but not duplicative of the 
        requirements of the approved certification system, and is 
        auditable by the Administrator. For purposes of this section, 
        the term ``transfer of product between parties'' means the 
        transfer of credits assigned to a post-use plastic product 
        through an approved certification system to another approved 
        certification system through a ``like-for-like product 
        exchange'' without requiring the physical movement of the post-
        use plastic product between the systems, subject to the 
        following limitations:
                    (A) The exchanged products to which the post-use 
                plastic product has been attributed must be equivalent.
                    (B) The mass balance of the two systems and the 
                transfer must be independently verifiable. Transfer of 
                credits has the benefit of maximizing the market 
                opportunities for recycled material without driving 
                increased costs and related greenhouse gas emissions to 
                transport the same material between two locations.
            (3) Develop a label that shall include the language ``____% 
        EPA Certified Balanced Recycled Plastics'' that can be placed 
        on plastics packaging by marketers satisfying the annual 
        certification process set forth in section 202 to create wide-
        scale public awareness of products satisfying the plastics 
        recycling accounting and labeling program and assisting with 
        the Nation's efforts to achieve the National Recycling Goal.
            (4) Develop procedures for placement of the label on a 
        variety of plastics packaging produced by marketers, taking 
        into consideration alternative labeling processes for various 
        types of plastics packaging.
            (5) Develop public education and awareness initiatives of 
        the label, including providing special outreach to small 
        businesses, and the interconnection between the National 
        Recycling Goal and consumers purchasing products containing 
        recycled plastics from marketers.
    (c) Enforcement.--Beginning on January 1, 2030, the Administrator 
shall enforce the minimum mandate by conducting audits and assessing 
administrative penalties against marketers that are not in compliance 
with this title or in accordance with this section. Beginning March 1, 
2030, and annually thereafter, the Administrator shall invoice any 
assessed administrative penalties for the previous calendar year based 
on the mandate for recycled plastics of the previous calendar year. The 
Administrator shall calculate the amount of the penalty based upon the 
amount in pounds in the aggregate of virgin and recycled plastics 
material used by the marketer in its plastics packaging portfolio sold 
or offered for sale in the United States. A marketer that has exceeded 
the mandate for recycled plastics may indicate the actual percentage of 
recycled plastics it achieved in its annual plastics packaging 
portfolio on the label developed pursuant to section 203 of this Act.
    (d) Requirements.--Not later than January 1, 2030, the 
Administrator shall, by rulemaking, establish a process that--
            (1) reviews information provided by a marketer;
            (2) determines the mandate shortfall and the compliance 
        deficit percentage for each marketer; and
            (3) beginning on March 1, 2030, invoicing administrative 
        penalties to marketers that are not in compliance.
    (e) Administrative Penalty.--
            (1) In general.--A marketer that has a mandate shortfall 
        greater than zero shall be, as determined by the Administrator, 
        not in compliance with the minimum mandate and subject to an 
        administrative penalty to be collected annually.
            (2) Penalty fund.--Penalties received under this subsection 
        shall be deposited in a special fund, established by the 
        Administrator, to be used for enhancing educational and 
        infrastructure grants provided available to municipalities 
        pursuant to section 102 to promote compliance with the National 
        Plastics Recycling Standards.
            (3) Penalty payment schedule.--A marketer that is assessed 
        a penalty pursuant to this subsection shall be permitted to pay 
        those penalties to the Administrator in quarterly installments 
        or arrange an alternative payment schedule subject to the 
        approval of the Administrator.
            (4) Penalty amount.--
                    (A) In general.--In assessing an administrative 
                penalty against a noncompliant marketer, the 
                Administrator shall calculate such penalty in the 
                following manner:
                            (i) For a penalty assessed in 2030, the 
                        penalty shall be 5 cents per pound of the 
                        mandate shortfall.
                            (ii) For a penalty assessed in subsequent 
                        years, if a noncompliant marketer--
                                    (I) has a compliance deficit 
                                percentage of 25 percent or less, the 
                                penalty shall be 5 cents per pound of 
                                the mandate shortfall;
                                    (II) has a compliance deficit 
                                percentage of 50 percent or less, but 
                                greater than 25 percent, the penalty 
                                shall be 10 cents per pound of the 
                                mandate shortfall;
                                    (III) has a compliance deficit 
                                percentage of 75 percent or less, but 
                                greater than 50 percent, the penalty 
                                shall be 15 cents per pound of the 
                                mandate shortfall; and
                                    (IV) has a compliance deficit 
                                percentage that is greater than 75 
                                percent, the penalty shall be 20 cents 
                                per pound of the mandate shortfall.
                    (B) Prorated penalties.--For penalties assessed 
                under subparagraph (A)(i)(II), a penalty that is 10 
                cents or higher per pound of the mandate shortfall may 
                be lowered by the Administrator by 5 cents per pound 
                each time a noncompliant marketer for which the penalty 
                was assessed makes payments that decreases the 
                compliance deficit percentage to the next percentage 
                bracket.
            (5) Adjustments.--Not later than after the date on which 
        the Administrator begins to enforce the minimum mandate, the 
        Administrator shall evaluate the penalties assessed for the 
        year prior to determine if the penalty amounts under paragraph 
        (4) requires adjustment to prevent penalty amounts that are--
                    (A) too low, such that marketers would have a 
                financial incentive to pay the fines instead of 
                attempting to meet the minimum mandate; or
                    (B) too high, which may prevent marketers from 
                meeting the minimum mandate despite sincere efforts.
    (f) Audits.--
            (1) The Administrator may conduct audits and investigations 
        and take an enforcement action against a marketer for the 
        purpose of ensuring compliance with the mandates for recycled 
        plastics. The Administrator may take an enforcement action 
        against a marketer that fails to pay or underpays the assessed 
        or audited administrative penalty only after notice and hearing 
        terms developed by the Administrator.
            (2) The Administrator shall keep confidential all business 
        trade secrets and proprietary information about manufacturing 
        processes and equipment that the Administrator gathers or 
        becomes aware of through the course of conducting audits or 
        investigations pursuant to subsection (f)(1). Business trade 
        secrets and proprietary information obtained pursuant to this 
        subdivision shall not be subject to the Freedom of Information 
        Act.
            (3) A marketer may obtain a copy of the Administrator's 
        audit of that marketer conducted pursuant to subsection (f)(1).

SEC. 204. GENERAL PROVISIONS.

    The provisions of this Act shall supersede any and all laws of any 
State or political subdivision of a State insofar as they may now or 
hereafter relate to any mandates for recycled plastics or recycled 
content, or restrictions on the use of advanced recycling, mass 
balance, labeling programs (as related to recycled plastics or recycled 
content). No State or political subdivision thereof shall establish or 
enforce any recycling mandates or recycling standards that are lesser, 
conflicting, or inconsistent with the mandates or standards established 
under this Act.
                                 <all>
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