I 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Accelerating a Circular Economy for Plastics and Recy6 cling Innovation Act of 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purpose. 

Sec. 3. Definitions. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 9676 IH

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. 

1 SEC. 2. FINDINGS; PURPOSE. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) The Environmental Protection Agency has 

4 recognized that reusing and recycling materials con5 serves natural resources, reduces waste sent to land6 fills and incinerators, prevents pollution, conserves 

7 natural resources, reduces greenhouse gases contrib8 uting to climate change, and helps create jobs and 

9 tax revenue. 

10 (2) Given these benefits, the Environmental 

11 Protection Agency set a National Recycling Goal in 

12 2020 to increase the national recycling rate for all 

13 materials to 50 percent by 2030. 

14 (3) As a parallel effort, the Environmental Pro15 tection Agency developed a ‘‘National Recycling 

16 Strategy’’ that identifies objectives and actions to 

17 create a stronger, more resilient recycling system. 

18 (4) Collectively, these efforts intend to increase 

19 the amount of materials that can be recycled, make 

20 the processing system more efficient, ensure the inVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 9676 IH

1 dustry can keep pace with today’s diverse and 

2 changing waste system, and strengthen the economic 

3 markets for recycling materials. 

4 (5) These measures are also intended to help 

5 manufacturers make more products using recycled 

6 materials, increase competition, and encourage de7 mand for more products made using recycled mate8 rials. 

9 (6) There is an unprecedented public and pri10 vate momentum and investment to innovate, im11 prove, and expand the existing recycling system to 

12 develop a circular economy for plastics. 

13 (7) A circular economy for plastic products and 

14 materials, whether derived from oil, gas, or organics, 

15 benefits businesses, society, and the environment. 

16 (8) To meet the National Recycling Goal and 

17 support domestic interests and competitiveness with18 in international markets, it will be necessary for the 

19 recycling market in the United States to expand its 

20 deployment of advanced recycling technologies. 

21 (9) These innovative manufacturing processes 

22 fundamentally transform the chemical structure of 

23 post-use polymer products, many of which are tradi24 tionally hard to recycle by mechanical recycling techVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 9676 IH

1 niques, back to their basic chemical or molecular 

2 components. 

3 (b) PURPOSE.—The purposes of this Act are to— 

4 (1) grow the circular economy for plastics prod5 ucts and materials to— 

6 (A) meet the National Recycling Goal; 

7 (B) protect the global environment; 

8 (C) reduce plastic waste; 

9 (D) support the standardization of the re10 cycling infrastructure capacity in the United 

11 States; and 

12 (E) bolster competition, technological inno13 vation, and robust global and national markets 

14 around circular products; 

15 (2) create national plastics recycling standards 

16 to encourage the modernization of the recycling in17 frastructure of the United States; 

18 (3) foster competition and consistency in mar19 keting recycled plastics in plastics packaging; 

20 (4) recognize advanced recycling technologies as 

21 a critical component of the international market for 

22 recycled products and the National Recycling Strat23 egy; 

24 (5) recognize advanced recycling as a manufac25 turing process to be regulated under applicable FedVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 9676 IH

1 eral, State, and local environmental statutes, rules, 

2 and regulations, including the Clean Air Act (42 

3 U.S.C. 7401 et seq.); and 

4 (6) promote international movement towards 

5 the use of advanced recycling technologies and the 

6 utilization of recycled plastics in the manufacturing 

7 of plastics packaging to support the global economy. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the Environ12 mental Protection Agency. 

13 (2) ADVANCED RECYCLING; ADVANCED PLAS14 TICS RECYCLING.—The term ‘‘advanced recycling’’ 

15 or ‘‘advanced plastics recycling’’ means a manufac16 turing process for the conversion of post-use poly17 mers and recovered feedstocks into recycled products 

18 that include basic raw materials, feedstocks, chemi19 cals, and other products through processes that in20 clude pyrolysis, gasification, depolymerization, cata21 lytic cracking, solvolysis, chemolysis, and other simi22 lar technologies. The recycled products produced at 

23 advanced recycling or advanced plastics recycling fa24 cilities include, but are not limited to, monomers, 

25 oligomers, plastics, plastic and chemical feedstocks, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 9676 IH

1 basic and unfinished chemicals, waxes, lubricants, 

2 coatings, and adhesives. Advanced recycling shall not 

3 be considered incineration of plastics or municipal 

4 waste combustion, and products sold as fuel are not 

5 recycled products. Advanced recycling shall not be 

6 considered ‘‘solid waste management’’, ‘‘solid waste 

7 processing’’, ‘‘solid waste recovery’’, ‘‘incineration’’, 

8 ‘‘treatment’’, ‘‘thermal destruction’’, ‘‘municipal 

9 waste combustion’’, ‘‘waste-to-energy’’, or similar 

10 designations that would prevent the process from 

11 being considered a recycling process and the prod12 ucts from such process being considered recycled 

13 products. Advanced recycling shall be regulated as a 

14 manufacturing process under any potentially appli15 cable Federal, State, or local environmental laws, 

16 rules, and regulations, including, but not limited to, 

17 the Clean Air Act (42 U.S.C. 7401 et seq.), the 

18 Clean Water Act (33 U.S.C. 1251 et seq.), and the 

19 Solid Waste Disposal Act (42 U.S.C. 6901 et seq,). 

20 (3) ADVANCED RECYCLING FACILITY; AD21 VANCED PLASTICS RECYCLING FACILITY.—The term 

22 ‘‘advanced recycling facility’’ or ‘‘advanced plastics 

23 recycling facility’’ means a manufacturing facility 

24 that receives, stores, and converts post-use polymers 

25 and advanced recycling plastic feedstocks it receives 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 9676 IH

1 using advanced recycling. Advanced recycling or ad2 vanced plastics recycling facilities shall not be con3 sidered ‘‘solid waste facilities’’, ‘‘solid waste disposal 

4 facilities’’, ‘‘solid waste management facilities’’, ‘‘re5 source recovery facilities’’, ‘‘materials recovery facili6 ties’’, ‘‘thermal destruction facilities’’, ‘‘inciner7 ators’’, ‘‘municipal waste combustors’’, ‘‘combustion 

8 facilities’’, ‘‘treatment facilities’’, ‘‘reclamation facili9 ties’’, ‘‘recycling facilities’’, or ‘‘recycling centers’’, 

10 as defined herein or in under definitions in the Solid 

11 Waste Disposal Act (42 U.S.C. 6901 et seq.), the 

12 Clean Air Act (42 U.S.C. 7401 et seq.), or any other 

13 potentially applicable Federal, State, or local envi14 ronmental laws, rules, and regulations. Advanced re15 cycling or advanced plastics recycling facilities shall 

16 be regulated as manufacturing facilities under any 

17 potentially applicable Federal, State, or local envi18 ronmental laws, rules, and regulations, including, 

19 but not limited to, the Clean Air Act (42 U.S.C. 

20 7401 et seq.) and the Clean Water Act (33 U.S.C. 

21 1251 et seq.). 

22 (4) APPROVED CERTIFICATION SYSTEM.—The 

23 term ‘‘approved certification system’’ shall have the 

24 meaning ascribed to that term in section 202(c)(2) 

25 of this Act. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HR 9676 IH

1 (5) AUDITABLE.—The term ‘‘auditable’’ means 

2 a system for verifying the chain of custody between 

3 advanced recycling plastic feedstocks, advanced recy4 cling products, and the plastics produced from ad5 vanced recycling products through attribution using 

6 mass balance. 

7 (6) CERTIFIED COMPOSTABLE PRODUCT.—The 

8 term ‘‘certified compostable product’’ means a prod9 uct that is certified by a recognized third-party inde10 pendent verification body as meeting the inter11 national standard specification ASTM D6400 (relat12 ing to standard specification for labeling of plastics 

13 designed to be aerobically composted in municipal or 

14 industrial facilities) or ASTM D6868 (relating to 

15 standard specifications for labeling of end items that 

16 incorporate plastics and polymers as coatings or ad17 ditives with paper and other substrates designed to 

18 be aerobically or anaerobically composted in homes 

19 or municipal or industrial facilities). 

20 (7) CERTIFIED RECYCLED.—The term ‘‘cer21 tified recycled’’ shall have the same meaning as recy22 cled plastics. 

23 (8) CHAIN OF CUSTODY.—The term ‘‘chain of 

24 custody’’ means a system to document and verify the 

25 path taken through means, including but not limited 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HR 9676 IH

1 to, physical methods or mass balance attribution 

2 during the production of products. 

3 (9) CIRCULAR ECONOMY.—The term ‘‘circular 

4 economy’’ shall have the meaning provided in section 

5 2 of the Save Our Seas 2.0 Act (33 U.S.C. 4201). 

6 (10) COMMITTEE.—The term ‘‘Committee’’ 

7 means the National Plastic Recycling Standards Ad8 visory Committee established under section 101. 

9 (11) DISPOSAL.—The term ‘‘disposal’’ has the 

10 meaning given such term under section 1004 of the 

11 Solid Waste Disposal Act (42 U.S.C. 6903). 

12 (12) GASIFICATION.—The term ‘‘gasification’’ 

13 means a manufacturing process through which post14 use polymers or recovered feedstocks are heated in 

15 an oxygen-controlled atmosphere and converted to 

16 syngas (carbon monoxide and hydrogen), followed by 

17 conversion into valuable raw, intermediate, and final 

18 products. 

19 (13) HAZARDOUS WASTE.—The term ‘‘haz20 ardous waste’’ has the meaning given such term in 

21 section 1004 of the Solid Waste Disposal Act (42 

22 U.S.C. 6903). 

23 (14) MASS BALANCE CERTIFICATION.—The 

24 term ‘‘mass balance certification’’ means an 

25 auditable chain of custody accounting methodology 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HR 9676 IH

1 with rules defined by a third-party certification sys2 tem that enables the attribution of the mass of ad3 vanced recycling plastic feedstocks to one or more 

4 advanced recycling products. 

5 (15) MARKETER.—The term ‘‘marketer’’ means 

6 a person who— 

7 (A) manufactures or purchases manufac8 tured consumer commodities, food, and bev9 erages; and 

10 (B) encloses, contains, stores, protects, 

11 preserves, or identifies such consumer commod12 ities, food, and beverages in plastic packaging 

13 for the purpose of selling, importing, or distrib14 uting in the United States. 

15 (16) MECHANICAL RECYCLING.—The term 

16 ‘‘mechanical recycling’’ means a recycling process 

17 that recycles material, including plastic through a 

18 physical process, including grinding, washing, sepa19 rating, drying, regranulating, and compounding. 

20 (17) MINIMUM MANDATE.—The term ‘‘min21 imum mandate’’ means the minimum mandate es22 tablished under section 201(3). 

23 (18) MUNICIPAL SOLID WASTE.—The term 

24 ‘‘municipal solid waste’’ means garbage, refuse, in25 dustrial lunchroom, or office waste, and other mateVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•HR 9676 IH

1 rial, including solid, liquid, semisolid, or contained 

2 gaseous material resulting from operation of residen3 tial, municipal, commercial, or institutional estab4 lishments and from community activities, generated 

5 by a household, collected and disposed of at munic6 ipal solid waste facilities, and any sludge not meet7 ing the definition of residual or hazardous waste 

8 hereunder from a municipal, commercial, or institu9 tional water supply treatment plant, waste water 

10 treatment plant, or air pollution control facility. The 

11 term does not include advanced recycling feedstocks 

12 that are collected, sorted, transported, stored, or 

13 processed for conversion to advanced recycling prod14 ucts through advanced recycling. Municipal solid 

15 waste can be used as advanced recycling feedstocks 

16 upon physical separation or sorting. 

17 (19) NATIONAL PLASTIC RECYCLING STAND18 ARDS.—The term ‘‘national plastic recycling stand19 ards’’ means the standards established under section 

20 102. 

21 (20) NATIONAL RECYCLING GOAL.—The term 

22 ‘‘National Recycling Goal’’ means the goal set forth 

23 by the Environmental Protection Agency during the 

24 2020 America Recycles Summit to increase the na25 tional recycling rate to 50 percent by 2030. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•HR 9676 IH

1 (21) NATIONAL RECYCLING STRATEGY.—The 

2 term ‘‘National Recycling Strategy’’ or the ‘‘Strat3 egy’’ means the National Recycling Strategy final4 ized by the Environmental Protection Agency in No5 vember 2021. 

6 (22) PLASTIC.—The term ‘‘plastic’’ or ‘‘plas7 tics’’ means any material made of polymeric organic 

8 compounds derived from monomers and additives 

9 that can be shaped by flow. 

10 (23) PLASTICS PACKAGING.—The term ‘‘plas11 tics packaging’’ means any immediate container or 

12 wrapping in which the principal structural element is 

13 composed of plastic that is used to enclose, contain, 

14 store, protect, preserve, transport, or identify con15 sumer commodities, food, or beverages for use in the 

16 sale of such consumer commodities, food, or bev17 erages. 

18 (24) PLASTICS RECYCLING ACCOUNTING AND

19 LABELING PROGRAM.—The term ‘‘Plastics Recycling 

20 Accounting and Labeling Program’’ means the ac21 counting and labeling program established under 

22 section 203(a) of this Act. 

23 (25) POST-USE PLASTIC.—The term ‘‘post-use 

24 plastic’’ means a pre-consumer recovered material or 

25 a post-consumer recovered material that— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•HR 9676 IH

1 (A) contains plastic derived from a resi2 dential, municipal, industrial, community, or 

3 commercial source; 

4 (B) is not mixed with hazardous waste ex5 cept to the extent allowed by the national plas6 tic recycling standards; and 

7 (C) is in a form acceptable for mechanical 

8 recycling and advanced recycling. 

9 (26) POST-USE PLASTIC PRODUCT.—The term 

10 ‘‘post-use plastic product’’ means material made 

11 wholly or in part of post-use plastics. 

12 (27) POST-USE POLYMER.—The term ‘‘post-use 

13 polymer’’ means a plastic to which all of the fol14 lowing apply: 

15 (A) The plastic is derived from any indus16 trial, commercial, agricultural, or domestic ac17 tivities, and includes pre-consumer recovered 

18 materials and post-consumer materials. 

19 (B) The plastic has been sorted form solid 

20 waste and other regulated waste but may con21 tain residual amounts of waste such as organic 

22 material and incidental contaminants or impuri23 ties (e.g., paper labels and metal rings). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•HR 9676 IH

1 (C) It is not mixed with solid waste or haz2 ardous waste onsite or during processing at the 

3 advanced recycling facility. 

4 (D) The plastic’s use or intended use is as 

5 a feedstock for the manufacturing of feedstocks, 

6 raw materials, or other intermediate products 

7 or final products using advanced recycling. 

8 (E) The plastic is processed at an ad9 vanced recycling facility or held at such facility 

10 prior to processing. 

11 (28) PRE-CONSUMER RECOVERED PLASTIC MA12 TERIAL.—The term ‘‘pre-consumer plastic recovered 

13 material’’ means material that has never reached the 

14 end user, having been diverted from the waste 

15 stream during a manufacturing process. The term 

16 does not include material generated in a process and 

17 capable of being reused or reutilized as a substitute 

18 for a raw material without being modified in any 

19 way. Pre-consumer recovered plastic material col20 lected, sorted, transported, stored, or processed for 

21 use in mechanical or advanced recycling shall not be 

22 considered solid waste under the Solid Waste Dis23 posal Act (42 U.S.C. 6901 et seq.) or its imple24 menting regulations. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•HR 9676 IH

1 (29) PROCESSING.—The term ‘‘processing’’ 

2 means any method or technology used for the pur3 pose of reducing the volume or bulk of municipal or 

4 residual solid waste for disposal. The term does not 

5 include any method or technology used to convert 

6 part or all of such materials for on-site reuse in ad7 vanced recycling. 

8 (30) PYROLYSIS.—The term ‘‘pyrolysis’’ means 

9 a manufacturing process through which post-use 

10 polymers or recovered feedstocks are heated in the 

11 absence of oxygen until melted and thermally decom12 posed (non-catalytically or catalytically) and are 

13 then cooled, condensed, and converted into valuable 

14 raw materials and intermediate and final products, 

15 including but not limited to, plastic monomers, 

16 chemicals, naphtha, waxes, plastic, and chemical 

17 feedstocks that are returned to economic utility in 

18 the form of raw materials and products. 

19 (31) RECOVERED FEEDSTOCK.—The term ‘‘re20 covered feedstock’’ means one or more of the fol21 lowing materials that has been processed so that it 

22 may be used as feedstock in an advanced recycling 

23 facility post-use polymers or materials for which the 

24 Environmental Protection Agency has made a non25 waste determination or has otherwise determined are 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•HR 9676 IH

1 feedstocks and not solid waste. Recovered feedstock 

2 does not include unprocessed municipal waste. Re3 covered feedstock is not mixed with solid waste or 

4 hazardous waste on-site or during processing at an 

5 advanced recycling facility. 

6 (32) RECYCLED PLASTIC.—The term ‘‘recycled 

7 plastic’’ means products that are produced from me8 chanical recycling of pre-consumer recovered feed9 stocks or plastics, and post-consumer plastics or 

10 from the advanced recycling of pre-consumer recov11 ered feedstocks or plastics, and post-consumer plas12 tics via mass balance attribution under a third-party 

13 certification system. The terms ‘‘recycled content’’ 

14 and ‘‘certified recycled’’ shall have the same mean15 ing as ‘‘recycled plastic’’. 

16 (33) RECYCLING RATE.—The term ‘‘recycling 

17 rate’’ means the percentage of post-use materials re18 cycled from the total post-use materials generated, 

19 as it is measured by the Environmental Protection 

20 Agency. Products marketed or sold as fuels or en21 ergy are not recycled materials for purposes of cal22 culating the recycling rate. 

23 (34) SOLID WASTE.—The term ‘‘solid waste’’ 

24 has the meaning given such term in section 1004 of 

25 the Solid Waste Disposal Act (42 U.S.C. 6903). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•HR 9676 IH

1 Post-use plastics and recovered feedstocks that are 

2 collected, sorted, transported, stored, or processed 

3 for use in an advanced recycling facility using ad4 vanced recycling technologies or held at an advanced 

5 recycling facility prior to processing are not solid 

6 waste. 

7 (35) THIRD-PARTY CERTIFICATION SYSTEM.— 

8 The term ‘‘third-party certification system’’ means 

9 an international and multi-national third-party cer10 tification system, which consists of a set of rules for 

11 the implementation of mass balance attribution ap12 proaches for advanced recycling of materials. 

13 TITLE I—NATIONAL PLASTICS 

14 RECYCLING STANDARDS 

15 SEC. 101. NATIONAL PLASTICS RECYCLING STANDARDS AD16 VISORY COMMITTEE. 

17 (a) ESTABLISHMENT.—Not later than 90 days after 

18 the date of enactment of this Act, the Administrator shall 

19 establish the National Plastics Recycling Standards Advi20 sory Committee for a period of not less than 4 years, upon 

21 which the Administrator may renew the charter of the 

22 Committee pursuant to section 1013 of title 5, United 

23 States Code. 

24 (b) COMPOSITION.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•HR 9676 IH

1 (1) IN GENERAL.—The Committee shall be 

2 composed of 14 members who shall be appointed as 

3 follows: 

4 (A) 2 members appointed by the Adminis5 trator. 

6 (B) 3 members appointed by the Chairman 

7 of the Committee on Environment and Public 

8 Works of the Senate. 

9 (C) 3 members appointed by the ranking 

10 minority member of the Committee on Environ11 ment and Public Works of the Senate. 

12 (D) 3 members appointed by the Chairman 

13 of the Committee on Energy and Commerce of 

14 the House of Representatives. 

15 (E) 3 members appointed by the ranking 

16 minority member of the Committee on Energy 

17 and Commerce of the House of Representatives. 

18 (2) FAIR BALANCE OF MEMBERSHIP.—Not 

19 later than 60 days after finalization of the Com20 mittee roster, the Advisory Committee Management 

21 Officer, designated pursuant to section 1007 of title 

22 5, United States Code, and the designated officer or 

23 employee of the Federal Government, designated 

24 pursuant to section 1009 of title 5, United States 

25 Code, shall prepare and submit a report to the AdVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•HR 9676 IH

1 ministrator confirming that the members appointed 

2 under paragraph (1) represents a fair balance be3 tween the points of views from each of the following: 

4 (A) Companies that haul or manage mu5 nicipal solid waste. 

6 (B) Companies that manufacture plastic 

7 resin. 

8 (C) Companies directly involved in the de9 sign, production, use, and recycling of plastic 

10 materials. 

11 (D) Consumer brands and retail companies 

12 that sell end products utilizing plastic pack13 aging directly to consumers. 

14 (E) Municipalities that administer residen15 tial waste and recycling programs. 

16 (F) Companies engaged in the advanced 

17 recycling of plastic packaging. 

18 (G) Companies engaged in the mechanical 

19 recycling of plastic packaging. 

20 (3) TERM.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), each member shall serve a 

23 term of 4 years. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•HR 9676 IH

1 (B) INITIAL STAGGERING.—The initial ap2 pointments made by the Administrator under 

3 paragraph (1) shall be for a term of 2 years. 

4 (c) DUTIES.— 

5 (1) STUDY TO DEVELOP NATIONAL PLASTIC RE6 CYCLING STANDARDS.— 

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

8 after its formation, the Committee shall begin 

9 conducting a study for the purpose of advising 

10 the Administrator in the establishment and im11 plementation of the national plastic recycling 

12 standards. 

13 (B) SOLICITATION.—In conducting the 

14 study under subparagraph (A), the Committee 

15 shall solicit information from relevant stake16 holders, including— 

17 (i) local government officials; and 

18 (ii) representatives from the plastic, 

19 recycling, waste haulers, and advanced re20 cycling industries. 

21 (C) STUDY TOPICS.—The study conducted 

22 under subparagraph (A) shall evaluate and pro23 vide recommendations on the following topics: 

24 (i) The elements to be included in the 

25 national plastic recycling standards. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•HR 9676 IH

1 (ii) Ways that the national plastic re2 cycling standards may be better har3 monized with international, multinational 

4 and State efforts, regulations, and chain of 

5 custody and certified mass balance meth6 odologies to increase the efficiency and im7 pact of the national plastic recycling stand8 ards. 

9 (iii) The best practices and strategies 

10 developed by community recycling pro11 grams, including consumer outreach and 

12 education, and how and to what extent 

13 such practices and strategies can and 

14 should be— 

15 (I) incorporated into the National 

16 Recycling Strategy; 

17 (II) incorporated into the activi18 ties of Federal agencies to increase 

19 the national recycling rate; or 

20 (III) potential strategies to en21 courage the development and imple22 mentation of efficient waste collection, 

23 sortation, pre-processing, and mechan24 ical and advanced recycling techVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•HR 9676 IH

1 nologies with respect to plastic mate2 rials. 

3 (iv) Ways that the National Plastics 

4 Recycling Standards for sorted or partially 

5 sorted mixed materials containing post-use 

6 plastic may best support the increased use 

7 of advanced recycling technologies to cre8 ate feedstocks for the production of cir9 cular plastics and be harmonized with, or 

10 exempted from, other Federal, State, and 

11 local laws to increase advanced recycling 

12 capacity. 

13 (v) Ways in which the national plastic 

14 recycling standards may increase the sup15 ply of materials entering recycling systems 

16 and minimizing the incineration, 

17 landfilling, and improper disposal of mate18 rials in the environment. 

19 (vi) Potential strategies to address 

20 materials that enter the recycling collection 

21 system that are not composed of post-use 

22 plastics that significantly and adversely im23 pact the advancement of mechanical and 

24 advanced recycling processes from achievVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•HR 9676 IH

1 ing annual mandates for recycled plastics 

2 in plastics packaging. 

3 (vii) Any additional authorities or fi4 nancial resources necessary for the Admin5 istrator to improve data collection and the 

6 standardization of reporting with regard to 

7 the total supply of plastic packaging to en8 able the analysis of reuse and recycling 

9 performance and trends. 

10 (viii) The potential incorporation of 

11 advanced recycling and advanced recycling 

12 products into the National Recycling Strat13 egy. 

14 (ix) Ways that the National Recycling 

15 Strategy and other national recycling ef16 forts may be better harmonized with multi17 national, international, State, and local 

18 regulations, programs, and certification 

19 programs. 

20 (x) The potential expansion of the Na21 tional Recycling Strategy to— 

22 (I) improve and standardize col23 lection and metrics; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•HR 9676 IH

1 (II) prioritize innovation in prod2 uct design, post-use collecting, sort3 ing, and processing; 

4 (III) expand public space recy5 cling; 

6 (IV) improve existing recycling 

7 systems and capacities; 

8 (V) enhance reporting for recy9 cling, reuse, and compositing bio10 based plastics; and 

11 (VI) incorporate mass balance 

12 certification. 

13 (xi) The benefits of innovative mate14 rials on durable goods and infrastructure, 

15 such as long-term pavement performance, 

16 emissions, plant and construction oper17 ations, infrastructure resiliency, and re18 recyclability. 

19 (xii) The environmental, social, and fi20 nancial benefits of annual mandates for re21 cycled plastics in plastics packaging and 

22 the benefits of third-party certification sys23 tems for mechanical and advanced recy24 cling. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•HR 9676 IH

1 (xiii) Potential ways that the National 

2 Recycling Strategy may improve and opti3 mize the use of certified compostable prod4 ucts. 

5 (xiv) Appropriate financial incentives, 

6 increased tipping fees, and other mecha7 nisms, such as packaging fees, to encour8 age increased collection, avoid wasteful dis9 positions of post-use plastic products and 

10 encourage the development and implemen11 tation of waste collection, sortation, pre12 processing, and mechanical and advanced 

13 recycling technologies. 

14 (xv) The impact of the use of the 

15 American Society for Testing and Mate16 rials Resin Identification Codes symbol on 

17 plastic products on the rate of recycling in 

18 the United States, and whether Federal 

19 standards for use of the symbol in con20 sumer outreach and education would help 

21 achieve the plastic recycling goal set by the 

22 Administrator under the National Recy23 cling Strategy. 

24 (2) REPORT.—Not later than 15 months after 

25 the date on which the Advisory Committee ManageVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•HR 9676 IH

1 ment Officer deems a fair balance of Committee 

2 membership under section 101(b)(2)(a), the Com3 mittee shall complete the study and submit to the 

4 Administrator a report on the study conducted 

5 under paragraph (1), including— 

6 (A) the findings of the Committee; and 

7 (B) the recommendations of the Com8 mittee. 

9 (3) ADVISE ADMINISTRATOR.—In consultation 

10 with the Committee, the Administrator shall— 

11 (A) establish training for awareness and 

12 implementation of the National Plastics Recy13 cling Standards for employees of the Environ14 mental Protection Agency; and 

15 (B) develop educational materials and im16 plement a nationwide campaign targeted toward 

17 helping residential, commercial, and industrial 

18 consumers understand the role of such con19 sumers in implementing the National Plastics 

20 Recycling Standards. 

21 (d) FUNDING.—There is authorized to be appro22 priated such sums as are necessary to carry out this sec23 tion. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
27 

•HR 9676 IH

1 SEC. 102. NATIONAL PLASTIC RECYCLING STANDARDS. 

2 (a) ESTABLISHMENT.—Not later than 18 months 

3 after the date on which the Committee issues a report 

4 under section 101(c), the Administrator, in consultation 

5 with the relevant heads of Federal agencies and taking 

6 into consideration such report, shall establish the national 

7 plastic recycling standards for the purpose of supporting 

8 achievement of the National Recycling Strategy. 

9 (b) REQUIREMENTS.—The national plastic recycling 

10 standards established under subsection (a) shall contain 

11 the following: 

12 (1) Specifications required for advanced recy13 cling feedstocks to support conversion back to new 

14 chemicals, plastics, and other useful products. 

15 (2) Minimum standards for municipal systems 

16 in which residents are charged for waste collection 

17 based on the amount of waste they throw away 

18 (Pay-As-You-Throw systems), infrastructure capac19 ity to ensure jurisdictions are able to handle com20 mon materials and adjust to new waste streams, and 

21 household access to optimize the ability of all Ameri22 cans to recycle, including the development of Federal 

23 grant programs to assist with the equitable access 

24 for all communities, including exurban, multi-family, 

25 and rural communities, to meet the minimum access 

26 standards. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
28 

•HR 9676 IH

1 (3) Minimum processing requirements to in2 crease the recycling of post-use plastics. 

3 (4) Systems, measures, and metrics to be used 

4 to analyze the effectiveness of the national plastic 

5 recycling standards, including recordkeeping and re6 porting requirements. 

7 (5) Standards and guidelines for the testing, 

8 design, manufacture, use, performance, and re9 recyclability of innovative material to be used in con10 struction, preservation, rehabilitation, or reconstruc11 tion of infrastructure and long-term pavement, and 

12 including Federal grant programs for projects prone 

13 to flooding due to severe storms, storm surges, or 

14 projected sea level rise during the projected lifetime 

15 of the project. 

16 (6) Educational programs to promote compli17 ance with and support for the national plastic recy18 cling standards, and awareness of plastics recycling 

19 with respect to different geographic, rural, and 

20 urban needs. 

21 (7) Standards and data collection procedures to 

22 determine the annual supply of post-use plastics 

23 available for advanced recycling feedstocks. 

24 (8) Standards for Federal, State, and municipal 

25 government and industry data collection, metrics, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
29 

•HR 9676 IH

1 and reporting for reuse, recycling, composting, re2 covery, and disposal for the Environmental Protec3 tion Agency to measure the national recycling rate 

4 and report against the National Recycling Goal. 

5 (c) EFFECTIVE DATE.— 

6 (1) IN GENERAL.—The Administrator shall es7 tablish a date, no later than 3 years following pro8 mulgation of the National Recycling Standards, for 

9 the standards to go into effect. 

10 (2) CONSIDERATIONS.—In establishing the ef11 fective date under paragraph (1), the Administrator 

12 shall take into consideration— 

13 (A) the cost of achieving a circular econ14 omy for plastics; 

15 (B) the feasibility of implementing the na16 tional plastic recycling standards, including the 

17 time needed to— 

18 (i) obtain necessary permit approvals; 

19 (ii) procure, install, and test control 

20 equipment; and 

21 (iii) procure funding to implement in22 frastructure and access improvements, in23 cluding the development and disbursement 

24 of Federal financial incentives; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
30 

•HR 9676 IH

1 (C) the availability of equipment, supplies, 

2 and labor; 

3 (D) the potential reduction of solid waste 

4 in landfills, oceans, and the natural environ5 ment; and 

6 (E) the potential net employment impacts. 

7 SEC. 103. COMPARATIVE STUDY ON CARBON IMPACT OF 

8 RAW MATERIALS. 

9 (a) STUDY.—Not later than 90 days after the date 

10 of enactment of this Act, the Administrator shall seek to 

11 enter into appropriate arrangements with the National 

12 Academies of Sciences, Engineering, and Medicine (in this 

13 section referred to as the ‘‘National Academies’’) under 

14 which the National Academies shall conduct a study that 

15 compares the resource use, resource efficiency, and carbon 

16 impact of products made of raw materials (including plas17 tic, bio-based plastic, steel, aluminum, glass, textiles, 

18 wood, and paper) across the life cycle, including the pro19 duction, transportation, packaging use, and any method 

20 of recovery, of such products. 

21 (b) REPORT.—Not later than 2 years after the date 

22 of the enactment of this Act, the National Academies shall 

23 submit to Congress, the Administrator, the Secretary of 

24 Energy, and the Secretary of Commerce a report on the 

25 study conducted under subsection (a) that includes— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
31 

•HR 9676 IH

1 (1) the findings of such study; and 

2 (2) recommendations based on such findings— 

3 (A) that address concerns associated with 

4 climate change, including life cycle greenhouse 

5 gas emissions of products made with raw mate6 rials; 

7 (B) with respect to any knowledge gaps 

8 that may require further scientific inquiry and 

9 studies; and 

10 (C) on potential educational efforts to help 

11 residential, commercial, and industrial con12 sumers understand the climate carbon footprint 

13 of such residential, commercial, and industrial 

14 consumers. 

15 TITLE II—MINIMUM MANDATE 

16 FOR RECYCLED PLASTIC 

17 SEC. 201. DEFINITIONS. 

18 In this title: 

19 (1) COMPLIANCE DEFICIT PERCENTAGE.—The 

20 term ‘‘compliance deficit percentage’’ means the 

21 amount of the mandate shortfall divided by the man22 dated quantity of recycled plastics as determined by 

23 Administrator. 

24 (2) MANDATE SHORTFALL.—The term ‘‘man25 date shortfall’’ means, in pounds, the sum of— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
32 

•HR 9676 IH

1 (A) the total pounds of plastics used in an 

2 annual plastics packaging portfolio of a mar3 keter multiplied by the applicable mandate for 

4 recycled plastics, less 

5 (B) the pounds of recycled plastics actually 

6 used, as determined by the Administrator, in 

7 such annual plastics packaging portfolio. 

8 (3) MINIMUM MANDATE.—The term ‘‘minimum 

9 mandate’’ means the requirement of having a min10 imum percentage of a plastics packaging portfolio of 

11 a marketer that is made of recycled plastics under 

12 section 202(a). 

13 (4) MINIMUM PERCENTAGE.—The term ‘‘min14 imum percentage’’ means the percentage that is de15 termined by the Administrator under section 

16 202(b)(2). 

17 (5) PLASTICS PACKAGING PORTFOLIO.—The 

18 term ‘‘plastics packaging portfolio’’ means a market19 er’s total annual portfolio of plastics packaging, in20 cluding packaging made from virgin and recycled 

21 resins sold, marketed, and distributed in the United 

22 States. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
33 

•HR 9676 IH

1 SEC. 202. MINIMUM MANDATE FOR RECYCLED PLASTIC IN 

2 PLASTICS PACKAGING PORTFOLIO. 

3 (a) MINIMUM MANDATE.—Not later than 180 days 

4 after the date of enactment of this Act, and for each cal5 endar year thereafter subject to paragraph (2), if applica6 ble, the Administrator shall set regulations requiring a 

7 minimum percentage of a plastics packaging portfolio of 

8 a marketer containing plastics packaging that includes re9 cycled plastics in accordance with this section. 

10 (b) MINIMUM PERCENTAGE.— 

11 (1) 30 BY 30.—In carrying out the minimum 

12 mandate under subsection (a), the Administrator 

13 shall increase the minimum percentage pursuant to 

14 paragraph (2) to a maximum of 30 percent by 2030. 

15 (2) EVALUATION PROCESS.— 

16 (A) ESTABLISHMENT.—Not later than 1 

17 year after the date of enactment of this Act, the 

18 Administrator shall establish an evaluation 

19 process under which the Administrator shall 

20 evaluate the minimum percentage that is in ef21 fect at the time of beginning the evaluation 

22 process to determine whether such minimum 

23 percentage should be adjusted based on— 

24 (i) the supply of on-specification recy25 cled post-use plastics feedstocks available 

26 for mechanical or advanced recycling, calVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
34 

•HR 9676 IH

1 culated based on the data the Adminis2 trator shall require States to annually sub3 mit regarding the amount of available in4 coming recycled feedstocks by categories of 

5 post-use plastics, and shall take into con6 sideration the proximity of the available re7 cycled feedstocks to the available recycling 

8 infrastructure, including either mechanical 

9 or advanced recycling facilities; 

10 (ii) the annual data collected by the 

11 Administrator pursuant to reporting re12 quirements developed pursuant to section 

13 203 to evaluate the Nation’s advanced re14 cycling capacity; 

15 (iii) changes in market conditions, in16 cluding supply and demand for recycled 

17 post-use plastics feedstocks, collection 

18 rates, and post-use plastic availability both 

19 domestically and globally; 

20 (iv) the capacity of advanced and me21 chanical recycling infrastructure; 

22 (v) the supply of on-specification recy23 cled feedstocks available for mechanical or 

24 advanced recycling to be used in plastics 

25 packaging that contains drugs, medical deVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
35 

•HR 9676 IH

1 vices, cosmetics, medical food, or infant 

2 formula (as such terms are defined in the 

3 Federal Food, Drug, and Cosmetic Act (21 

4 U.S.C. 301 et seq.)) or any other product 

5 packages with health and safety related re6 cycled plastics restrictions; 

7 (vi) any consultations with the Na8 tional Plastics Recycling Standards Com9 mittee or experts from the scientific, proc10 ess engineering, economic development, 

11 plastics, recycling, waste haulers, and recy12 cling industries; and 

13 (vii) whether there has been imple14 mentation of policies to support or help fi15 nance the development of collection and 

16 sorting infrastructure for post-use plastic. 

17 (B) EVALUATION.—Not later than 1 year 

18 after the date on which the Administrator es19 tablishes the evaluation process under subpara20 graph (A), and every two years thereafter, the 

21 Administrator shall evaluate the minimum per22 centage that is in effect at the time of the eval23 uation using the process established under such 

24 subparagraph and determine whether such min25 imum percentage that is in effect should inVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
36 

•HR 9676 IH

1 crease, decrease, or stay the same for the fol2 lowing calendar year. 

3 (C) ACCELERATED SCHEDULE.—Upon re4 ceipt of a petition signed by at least 55 percent 

5 of all marketers subject to this section, the Ad6 ministrator may initiate an evaluation on the 

7 date that is at least 1 year after the date on 

8 which the Administrator conducted the previous 

9 evaluation. 

10 (c) THIRD-PARTY CERTIFICATION.— 

11 (1) IN GENERAL.—The Administrator shall 

12 identify international standards of third party cer13 tification bodies including, but not limited to, as de14 termined under paragraph (2) that certify the per15 centage of recycled plastics in a plastics packaging 

16 portfolio for the purpose of enforcing the minimum 

17 mandate under section 203, in accordance with this 

18 paragraph. 

19 (2) APPROVED CERTIFICATION SYSTEMS

20 LIST.—Not later than 180 days after the enactment 

21 of this Act, the Administrator shall issue a list that 

22 contains certification systems that: 

23 (A) Apply chain of custody, attribution, 

24 mass balance, and certified mass balance attriVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
37 

•HR 9676 IH

1 bution for identifying the percentage of recycled 

2 plastics in a plastics packaging portfolio. 

3 (B) Are approved by the Administrator to 

4 certify the percentage of recycled plastics in a 

5 plastics packaging portfolio of a marketer. 

6 These systems include those run by the fol7 lowing organizations: 

8 (i) International Sustainability and 

9 Carbon Certification. 

10 (ii) Underwriter Laboratories. 

11 (iii) SCS Global Services. 

12 (iv) Roundtable on Sustainable Bio13 materials. 

14 (v) Ecocycle. 

15 (vi) REDcert. 

16 (3) ANNUAL UPDATE.—Not later than 1 year 

17 after the date on which the Administrator issues the 

18 approved certification systems list under subpara19 graph (B), and annually thereafter, the Adminis20 trator shall update the approved certification sys21 tems list to incorporate new certification systems 

22 satisfying the requirements in section 202(c)(2)(A). 

23 (d) TIMELINE.—Not later than 180 days after the 

24 date of enactment of this Act, the Administrator shall es25 tablish a timeline and reporting procedures by which— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
38 

•HR 9676 IH

1 (1) a marketer submits documents prepared by 

2 an approved third-party certification body as identi3 fied under section 202(c) that details the percentage 

4 of recycled plastics used within the plastics pack5 aging portfolio of the marketer; 

6 (2) the Administrator makes a determination 

7 on such documents; and 

8 (3) a marketer, upon certification, may begin to 

9 label under section 203 of this Act. 

10 (e) APPLICABILITY.— 

11 (1) IN GENERAL.—The minimum mandate shall 

12 apply to the total annual plastics packaging portfolio 

13 of a marketer excluding plastics packaging that is— 

14 (A) manufactured from certified 

15 compostable products; and 

16 (B) subject to electrostatic discharge re17 strictions. 

18 (2) VOLUNTARY INCLUSION.—For any mar19 keter that has plastic packaging that is excluded 

20 under paragraph (1), such marketer may voluntarily 

21 include such excluded plastic packaging for the pur22 pose of determining the total annual plastics pack23 aging portfolio under paragraph (1). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
39 

•HR 9676 IH

1 SEC. 203. LABELING COMPLIANCE AND ENFORCEMENT. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of enactment of this Act, the Administrator shall es4 tablish a plastics recycling accounting and labeling pro5 gram (in this section referred to as the ‘‘Program’’) to 

6 increase the use and reliability of recycled plastics for plas7 tics packaging. 

8 (b) DUTIES OF ADMINISTRATOR.—Under the Pro9 gram, the Administrator shall: 

10 (1) Outline the Administrator’s oversight au11 thority over marketers in the plastics recycling ac12 counting and labeling programing, including the fol13 lowing: 

14 (A) The certification process, including the 

15 Administrator’s procedures for confirmation 

16 that a marketer has met the mandates for recy17 cled plastics in plastics packaging by satisfying 

18 the annual requirements of an approved certifi19 cation system. The certification process shall in20 clude a one-page final determination from the 

21 Administrator confirming the marketer met the 

22 mandates for recycled plastics in plastics pack23 aging through an approved certification system, 

24 which shall be automatically and electronically 

25 conveyed to the Federal Trade Commission and 

26 the marketer. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
40 

•HR 9676 IH

1 (B) The Administrator’s obligation to pub2 lish basic information about each marketer’s ef3 forts to meet the minimum mandates, including 

4 the marketer’s name and the percent of recy5 cled plastics achieved during past certifications, 

6 while simultaneously protecting all financial, 

7 production, or sales data from each marketer 

8 that is claimed to confidential business informa9 tion. 

10 (C) Enforcement procedures and penalties 

11 for prohibited acts performed by marketers with 

12 respect to the certification process developed 

13 pursuant to section 202(d). 

14 (i) The plastics recycling accounting 

15 and labeling program’s definition of ‘‘pro16 hibited acts’’ shall include violations of 

17 record keeping requirements, knowing mis18 representations by marketers in the certifi19 cation process, and knowing distribution in 

20 commerce of any plastics packaging with 

21 the label developed pursuant to paragraph 

22 (3). 

23 (ii) If the Administrator has reason to 

24 believe a marketer has undertaken a pro25 hibited act, the Administrator shall issue a 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
41 

•HR 9676 IH

1 notice of noncompliance that may be cor2 rected within 30 days. The Administrator 

3 may issue a civil penalty for knowing viola4 tions. The civil penalties shall not exceed 

5 the sum of $25,000 for every day of such 

6 violation. Any violation with respect to a 

7 regulation prescribed pursuant to the plas8 tics recycling accounting and labeling pro9 gram which establishes a regulatory stand10 ard based upon a multiday averaging pe11 riod shall constitute a separate day of vio12 lation for each and every day in the aver13 aging period. 

14 (D) Procedures for the Administrator to 

15 notify the Federal Trade Commission when 

16 products produced by marketers are identified 

17 in retail without proper labeling, as they shall 

18 be developed pursuant paragraph (3) or with la19 beling based on misrepresentations or any pro20 hibited acts. 

21 (2) Develop recordkeeping requirements and 

22 procedures for marketers involving the transfer of 

23 products between parties that is synthesized with, 

24 but not duplicative of the requirements of the ap25 proved certification system, and is auditable by the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
42 

•HR 9676 IH

1 Administrator. For purposes of this section, the 

2 term ‘‘transfer of product between parties’’ means 

3 the transfer of credits assigned to a post-use plastic 

4 product through an approved certification system to 

5 another approved certification system through a 

6 ‘‘like-for-like product exchange’’ without requiring 

7 the physical movement of the post-use plastic prod8 uct between the systems, subject to the following 

9 limitations: 

10 (A) The exchanged products to which the 

11 post-use plastic product has been attributed 

12 must be equivalent. 

13 (B) The mass balance of the two systems 

14 and the transfer must be independently 

15 verifiable. Transfer of credits has the benefit of 

16 maximizing the market opportunities for recy17 cled material without driving increased costs 

18 and related greenhouse gas emissions to trans19 port the same material between two locations. 

20 (3) Develop a label that shall include the lan21 guage ‘‘llll% EPA Certified Balanced Recy22 cled Plastics’’ that can be placed on plastics pack23 aging by marketers satisfying the annual certifi24 cation process set forth in section 202 to create 

25 wide-scale public awareness of products satisfying 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
43 

•HR 9676 IH

1 the plastics recycling accounting and labeling pro2 gram and assisting with the Nation’s efforts to 

3 achieve the National Recycling Goal. 

4 (4) Develop procedures for placement of the 

5 label on a variety of plastics packaging produced by 

6 marketers, taking into consideration alternative la7 beling processes for various types of plastics pack8 aging. 

9 (5) Develop public education and awareness ini10 tiatives of the label, including providing special out11 reach to small businesses, and the interconnection 

12 between the National Recycling Goal and consumers 

13 purchasing products containing recycled plastics 

14 from marketers. 

15 (c) ENFORCEMENT.—Beginning on January 1, 2030, 

16 the Administrator shall enforce the minimum mandate by 

17 conducting audits and assessing administrative penalties 

18 against marketers that are not in compliance with this 

19 title or in accordance with this section. Beginning March 

20 1, 2030, and annually thereafter, the Administrator shall 

21 invoice any assessed administrative penalties for the pre22 vious calendar year based on the mandate for recycled 

23 plastics of the previous calendar year. The Administrator 

24 shall calculate the amount of the penalty based upon the 

25 amount in pounds in the aggregate of virgin and recycled 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
44 

•HR 9676 IH

1 plastics material used by the marketer in its plastics pack2 aging portfolio sold or offered for sale in the United 

3 States. A marketer that has exceeded the mandate for re4 cycled plastics may indicate the actual percentage of recy5 cled plastics it achieved in its annual plastics packaging 

6 portfolio on the label developed pursuant to section 203 

7 of this Act. 

8 (d) REQUIREMENTS.—Not later than January 1, 

9 2030, the Administrator shall, by rulemaking, establish a 

10 process that— 

11 (1) reviews information provided by a marketer; 

12 (2) determines the mandate shortfall and the 

13 compliance deficit percentage for each marketer; and 

14 (3) beginning on March 1, 2030, invoicing ad15 ministrative penalties to marketers that are not in 

16 compliance. 

17 (e) ADMINISTRATIVE PENALTY.— 

18 (1) IN GENERAL.—A marketer that has a man19 date shortfall greater than zero shall be, as deter20 mined by the Administrator, not in compliance with 

21 the minimum mandate and subject to an administra22 tive penalty to be collected annually. 

23 (2) PENALTY FUND.—Penalties received under 

24 this subsection shall be deposited in a special fund, 

25 established by the Administrator, to be used for enVerDate Sep 11 2014 03:18 Oct 02, 2024 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H9676.IH H9676

kjohnson on DSK7ZCZBW3PROD with $$_JOB
45 

•HR 9676 IH

1 hancing educational and infrastructure grants pro2 vided available to municipalities pursuant to section 

3 102 to promote compliance with the National Plas4 tics Recycling Standards. 

5 (3) PENALTY PAYMENT SCHEDULE.—A mar6 keter that is assessed a penalty pursuant to this 

7 subsection shall be permitted to pay those penalties 

8 to the Administrator in quarterly installments or ar9 range an alternative payment schedule subject to the 

10 approval of the Administrator. 

11 (4) PENALTY AMOUNT.— 

12 (A) IN GENERAL.—In assessing an admin13 istrative penalty against a noncompliant mar14 keter, the Administrator shall calculate such 

15 penalty in the following manner: 

16 (i) For a penalty assessed in 2030, 

17 the penalty shall be 5 cents per pound of 

18 the mandate shortfall. 

19 (ii) For a penalty assessed in subse20 quent years, if a noncompliant marketer— 

21 (I) has a compliance deficit per22 centage of 25 percent or less, the pen23 alty shall be 5 cents per pound of the 

24 mandate shortfall; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
46 

•HR 9676 IH

1 (II) has a compliance deficit per2 centage of 50 percent or less, but 

3 greater than 25 percent, the penalty 

4 shall be 10 cents per pound of the 

5 mandate shortfall; 

6 (III) has a compliance deficit 

7 percentage of 75 percent or less, but 

8 greater than 50 percent, the penalty 

9 shall be 15 cents per pound of the 

10 mandate shortfall; and 

11 (IV) has a compliance deficit per12 centage that is greater than 75 per13 cent, the penalty shall be 20 cents per 

14 pound of the mandate shortfall. 

15 (B) PRORATED PENALTIES.—For penalties 

16 assessed under subparagraph (A)(i)(II), a pen17 alty that is 10 cents or higher per pound of the 

18 mandate shortfall may be lowered by the Ad19 ministrator by 5 cents per pound each time a 

20 noncompliant marketer for which the penalty 

21 was assessed makes payments that decreases 

22 the compliance deficit percentage to the next 

23 percentage bracket. 

24 (5) ADJUSTMENTS.—Not later than after the 

25 date on which the Administrator begins to enforce 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
47 

•HR 9676 IH

1 the minimum mandate, the Administrator shall 

2 evaluate the penalties assessed for the year prior to 

3 determine if the penalty amounts under paragraph 

4 (4) requires adjustment to prevent penalty amounts 

5 that are— 

6 (A) too low, such that marketers would 

7 have a financial incentive to pay the fines in8 stead of attempting to meet the minimum man9 date; or 

10 (B) too high, which may prevent marketers 

11 from meeting the minimum mandate despite 

12 sincere efforts. 

13 (f) AUDITS.— 

14 (1) The Administrator may conduct audits and 

15 investigations and take an enforcement action 

16 against a marketer for the purpose of ensuring com17 pliance with the mandates for recycled plastics. The 

18 Administrator may take an enforcement action 

19 against a marketer that fails to pay or underpays 

20 the assessed or audited administrative penalty only 

21 after notice and hearing terms developed by the Ad22 ministrator. 

23 (2) The Administrator shall keep confidential 

24 all business trade secrets and proprietary informa25 tion about manufacturing processes and equipment 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
48 

•HR 9676 IH

1 that the Administrator gathers or becomes aware of 

2 through the course of conducting audits or investiga3 tions pursuant to subsection (f)(1). Business trade 

4 secrets and proprietary information obtained pursu5 ant to this subdivision shall not be subject to the 

6 Freedom of Information Act. 

7 (3) A marketer may obtain a copy of the Ad8 ministrator’s audit of that marketer conducted pur9 suant to subsection (f)(1). 

10 SEC. 204. GENERAL PROVISIONS. 

11 The provisions of this Act shall supersede any and 

12 all laws of any State or political subdivision of a State 

13 insofar as they may now or hereafter relate to any man14 dates for recycled plastics or recycled content, or restric15 tions on the use of advanced recycling, mass balance, la16 beling programs (as related to recycled plastics or recycled 

17 content). No State or political subdivision thereof shall es18 tablish or enforce any recycling mandates or recycling 

19 standards that are lesser, conflicting, or inconsistent with 

20 the mandates or standards established under this Act. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB