II 

116TH CONGRESS 

2D SESSION S. 3944 

To amend the Solid Waste Disposal Act to reduce the production and use 

of certain single-use plastic products and packaging, to improve the 

responsibility of producers in the design, collection, reuse, recycling, 

and disposal of their consumer products and packaging, to prevent pollution from consumer products and packaging from entering into animal 

and human food chains and waterways, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 11, 2020 

Mr. UDALL introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend the Solid Waste Disposal Act to reduce the production and use of certain single-use plastic products 

and packaging, to improve the responsibility of producers 

in the design, collection, reuse, recycling, and disposal 

of their consumer products and packaging, to prevent 

pollution from consumer products and packaging from 

entering into animal and human food chains and waterways, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Break Free From 

3 Plastic Pollution Act of 2020’’. 

4 SEC. 2. PRODUCER RESPONSIBILITY FOR PRODUCTS AND 

5 PACKAGING. 

6 (a) IN GENERAL.—The Solid Waste Disposal Act (42 

7 U.S.C. 6901 et seq.) is amended by adding at the end 

8 the following: 

9 ‘‘Subtitle K—Producer Responsi10 bility for Products and Pack11 aging 

12 ‘‘SEC. 12001. DEFINITIONS. 

13 ‘‘In this subtitle: 

14 ‘‘(1) ADVISORY COMMITTEE.—The term ‘advi15 sory committee’ means an advisory committee estab16 lished by an Organization under section 12102(c). 

17 ‘‘(2) BEVERAGE.— 

18 ‘‘(A) IN GENERAL.—The term ‘beverage’ 

19 means any drinkable liquid intended for human 

20 oral consumption, including— 

21 ‘‘(i) water; 

22 ‘‘(ii) flavored water; 

23 ‘‘(iii) soda water; 

24 ‘‘(iv) mineral water; 

25 ‘‘(v) beer; 

26 ‘‘(vi) a malt beverage; 


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1 ‘‘(vii) a carbonated soft drink; 

2 ‘‘(viii) liquor; 

3 ‘‘(ix) tea; 

4 ‘‘(x) coffee; 

5 ‘‘(xi) hard cider; 

6 ‘‘(xii) fruit juice; 

7 ‘‘(xiii) an energy or sports drink; 

8 ‘‘(xiv) coconut water; 

9 ‘‘(xv) wine; 

10 ‘‘(xvi) a yogurt drink; 

11 ‘‘(xvii) a probiotic drink; 

12 ‘‘(xviii) a wine cooler; and 

13 ‘‘(xix) any other beverage determined 

14 to be appropriate by the Administrator. 

15 ‘‘(B) EXCLUSIONS.—The term ‘beverage’ 

16 does not include— 

17 ‘‘(i) a drug regulated under the Fed18 eral Food, Drug, and Cosmetic Act (21 

19 U.S.C. 301 et seq.); 

20 ‘‘(ii) infant formula; or 

21 ‘‘(iii) a meal replacement liquid. 

22 ‘‘(3) BEVERAGE CONTAINER.— 

23 ‘‘(A) IN GENERAL.—The term ‘beverage 

24 container’ means a prepackaged beverage con25 tainer— 


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1 ‘‘(i) made of any material, including 

2 glass, plastic, metal, and multimaterial; 

3 and 

4 ‘‘(ii) the volume of which is not more 

5 than 3 liters. 

6 ‘‘(B) EXCLUSION.—The term ‘beverage 

7 container’ does not include a covered product of 

8 any material used to sell a prepackaged bev9 erage, such as— 

10 ‘‘(i) a carton; 

11 ‘‘(ii) a pouch; or 

12 ‘‘(iii) aseptic packaging, such as a 

13 drink box. 

14 ‘‘(C) INCLUSION.—Notwithstanding sub15 paragraphs (A) and (B), for purposes of the 

16 program under section 12104, the term ‘bev17 erage container’ includes a container for a bev18 erage that is not described in those subpara19 graphs, such as a carton, pouch, or drink box, 

20 the responsible party for which elects to partici21 pate in the program under that section. 

22 ‘‘(4) COMPOSTABLE.— 

23 ‘‘(A) IN GENERAL.—The term ‘compost24 able’ means, with respect to a covered product, 

25 that the covered product— 


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1 ‘‘(i)(I) meets the ASTM International 

2 standard specification for compostable 

3 products numbered D6400 or D6868— 

4 ‘‘(aa) as in effect on the date of 

5 enactment of this subtitle; or 

6 ‘‘(bb) as revised after the date of 

7 enactment of this subtitle, if the revi8 sion is approved by the Administrator; 

9 and 

10 ‘‘(II) is labeled to reflect that the cov11 ered product meets a standard described in 

12 subclause (I); 

13 ‘‘(ii) is certified as a compostable 

14 product by an independent party that is 

15 approved by the Administrator; or 

16 ‘‘(iii) comprises only— 

17 ‘‘(I) wood without any coatings, 

18 additives, or toxic substances; or 

19 ‘‘(II) fiber without any coatings, 

20 additives, or toxic substances. 

21 ‘‘(B) EXCLUSION.—The term ‘compost22 able’ shall not apply to paper. 

23 ‘‘(5) COVERED ENTITY.—The term ‘covered en24 tity’ means a single family or multifamily dwelling 

25 or publicly owned land (such as a sidewalk, plaza, 


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1 and park) for which a recycling collection service is 

2 provided. 

3 ‘‘(6) COVERED PRODUCT.— 

4 ‘‘(A) IN GENERAL.—The term ‘covered 

5 product’ means, regardless of recyclability, 

6 compostability, and material type— 

7 ‘‘(i) packaging; 

8 ‘‘(ii) a food service product; 

9 ‘‘(iii) paper; 

10 ‘‘(iv) a single-use product that is not 

11 subject to the prohibition under section 

12 12202(c); and 

13 ‘‘(v) a container for a beverage that is 

14 not described in subparagraphs (A) and 

15 (B) of paragraph (3), such as a carton, 

16 pouch, or aseptic packaging, such as a 

17 drink box, the responsible party for which 

18 does not elect to participate in the pro19 gram under section 12104. 

20 ‘‘(B) EXCLUSION.—The term ‘covered 

21 product’ does not include a beverage container. 

22 ‘‘(7) COVERED RETAIL OR SERVICE ESTABLISH23 MENT.—The term ‘covered retail or service estab24 lishment’ means a store, grocery store, restaurant, 

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1 tail or service establishment operating in the United 

2 States. 

3 ‘‘(8) FOOD SERVICE PRODUCT.—The term ‘food 

4 service product’ means an item intended to deliver a 

5 food product, regardless of the recyclability or 

6 compostability of the item, including— 

7 ‘‘(A) a utensil; 

8 ‘‘(B) a straw; 

9 ‘‘(C) a drink cup; 

10 ‘‘(D) a drink lid; 

11 ‘‘(E) a food package; 

12 ‘‘(F) a food container; 

13 ‘‘(G) a plate; 

14 ‘‘(H) a bowl; 

15 ‘‘(I) a meat tray; and 

16 ‘‘(J) a food wrap. 

17 ‘‘(9) ORGANIZATION.—The term ‘Organization’ 

18 means a Producer Responsibility Organization estab19 lished under section 12102(a)(1). 

20 ‘‘(10) PACKAGING.— 

21 ‘‘(A) IN GENERAL.—The term ‘packaging’ 

22 means— 

23 ‘‘(i) any package or container, regard24 less of recyclability or compostability; and 


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1 ‘‘(ii) any part of a package or con2 tainer, regardless of recyclability or 

3 compostability, that includes material that 

4 is used for the containment, protection, 

5 handling, delivery, and presentation of 

6 goods that are sold, offered for sale, or dis7 tributed to consumers in the United 

8 States, including through an internet 

9 transaction. 

10 ‘‘(B) INCLUSIONS.—The term ‘packaging’ 

11 includes— 

12 ‘‘(i) packaging intended for the con13 sumer market; 

14 ‘‘(ii) service packaging designed and 

15 intended to be used or filled at the point 

16 of sale, such as carry-out bags, bulk good 

17 bags, take-out bags, and home delivery 

18 food service packaging; 

19 ‘‘(iii) secondary packaging used to 

20 group products for multiunit sale; 

21 ‘‘(iv) tertiary packaging used for 

22 transportation or distribution directly to a 

23 consumer; and 


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1 ‘‘(v) ancillary elements hung or at2 tached to a product and performing a 

3 packaging function. 

4 ‘‘(C) EXCLUSION.—The term ‘packaging’ 

5 does not include packaging— 

6 ‘‘(i) used for the long-term protection 

7 or storage of a product; and 

8 ‘‘(ii) with a life of not less than 5 

9 years. 

10 ‘‘(11) PAPER.— 

11 ‘‘(A) IN GENERAL.—The term ‘paper’ 

12 means paper that is sold, offered for sale, deliv13 ered, or distributed to a consumer or business 

14 in the United States. 

15 ‘‘(B) INCLUSIONS.—The term ‘paper’ in16 cludes— 

17 ‘‘(i) newsprint and inserts; 

18 ‘‘(ii) magazines and catalogs; 

19 ‘‘(iii) direct mail; 

20 ‘‘(iv) office paper; and 

21 ‘‘(v) telephone directories. 

22 ‘‘(C) EXCLUSIONS.—The term ‘paper’ does 

23 not include— 


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1 ‘‘(i) a paper product that, due to the 

2 intended use of the paper product, could 

3 become unsafe or unsanitary to recycle; or 

4 ‘‘(ii) a bound book. 

5 ‘‘(12) PLAN.—The term ‘Plan’ means a Prod6 uct Stewardship Plan described in section 12105. 

7 ‘‘(13) PROGRAM.—The term ‘Program’ means a 

8 Product Stewardship Program established under sec9 tion 12102(a)(2). 

10 ‘‘(14) RECYCLABLE.—The term ‘recyclable’ 

11 means, with respect to a covered product or beverage 

12 container, that— 

13 ‘‘(A) the covered product or beverage con14 tainer is economically and technically recyclable 

15 in current United States market conditions; 

16 ‘‘(B) United States processing capacity is 

17 in operation to recycle, with the geographical 

18 distribution of the capacity aligned with the 

19 population of geographical regions of the 

20 United States, of the total quantity of the cov21 ered product or beverage container— 

22 ‘‘(i) for each of calendar years 2020 

23 through 2024, not less than 25 percent; 

24 ‘‘(ii) for each of calendar years 2025 

25 through 2029, not less than 35 percent; 


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1 ‘‘(iii) for each of calendar years 2030 

2 through 2034, not less than 50 percent; 

3 and 

4 ‘‘(iv) for calendar year 2035 and each 

5 calendar year thereafter, not less than 60 

6 percent; and 

7 ‘‘(C) the consumer that uses the covered 

8 product or beverage container is not required to 

9 remove an attached component of the covered 

10 product or beverage container, such as a shrink 

11 sleeve, label, or filter, before the covered prod12 uct or beverage container can be recycled. 

13 ‘‘(15) RECYCLE.— 

14 ‘‘(A) IN GENERAL.—The term ‘recycle’ 

15 means the series of activities by which a cov16 ered product is— 

17 ‘‘(i) collected, sorted, and processed; 

18 and 

19 ‘‘(ii)(I) converted into a raw material 

20 with minimal loss of material quality; 

21 ‘‘(II) used in the production of a new 

22 product, including the original product; or 

23 ‘‘(III) in the case of composting or or24 ganic recycling, productively used for soil 

25 improvement. 


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1 ‘‘(B) EXCLUSION.—The term ‘recycle’ does 

2 not include— 

3 ‘‘(i) the method of sorting, processing, 

4 and aggregating materials from solid waste 

5 that does not preserve the original material 

6 quality, and, as a result, the aggregated 

7 material is no longer usable for its initial 

8 purpose or product and can only be used 

9 for inferior purposes or products (com10 monly referred to as ‘downcycling’); 

11 ‘‘(ii) the use of waste— 

12 ‘‘(I) as a fuel or fuel substitute; 

13 ‘‘(II) for energy production; 

14 ‘‘(III) for alternate operating 

15 cover; or 

16 ‘‘(IV) within the footprint of a 

17 landfill; or 

18 ‘‘(iii) the conversion of waste into al19 ternative products, such as chemicals, feed20 stocks, fuels, and energy, through— 

21 ‘‘(I) pyrolysis; 

22 ‘‘(II) hydropyrolysis; 

23 ‘‘(III) methanolysis; 

24 ‘‘(IV) gasification; 

25 ‘‘(V) enzymatic breakdown; or 


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1 ‘‘(VI) a similar technology, as de2 termined by the Administrator. 

3 ‘‘(16) RESPONSIBLE PARTY.— 

4 ‘‘(A) BEVERAGE CONTAINERS.— 

5 ‘‘(i) IN GENERAL.—With respect to a 

6 beverage sold in a beverage container, the 

7 term ‘responsible party’ means— 

8 ‘‘(I) a person that engages in the 

9 distribution or sale of the beverage in 

10 a beverage container to a retailer in 

11 the United States, including any man12 ufacturer that engages in that sale or 

13 distribution; 

14 ‘‘(II) if subclause (I) does not 

15 apply, a person that engages in the 

16 sale of the beverage in a beverage con17 tainer directly to a consumer in the 

18 United States; or 

19 ‘‘(III) if subclauses (I) and (II) 

20 do not apply, a person that imports 

21 the beverage sold in a beverage con22 tainer into the United States for use 

23 in a commercial enterprise, sale, offer 

24 for sale, or distribution in the United 

25 States. 


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1 ‘‘(ii) RELATED DEFINITIONS.—In this 

2 subparagraph: 

3 ‘‘(I) DISTRIBUTOR.—The term 

4 ‘distributor’ means a person that en5 gages in the sale of beverages in bev6 erage containers to a retailer in the 

7 United States. 

8 ‘‘(II) MANUFACTURER.—The 

9 term ‘manufacturer’ means a person 

10 bottling, canning, or otherwise filling 

11 beverage containers for sale to dis12 tributors, importers, or retailers. 

13 ‘‘(III) RETAILER.— 

14 ‘‘(aa) IN GENERAL.—The 

15 term ‘retailer’ means a person in 

16 the United States that— 

17 ‘‘(AA) engages in the 

18 sale of beverages in beverage 

19 containers to a consumer; or 

20 ‘‘(BB) provides bev21 erages in beverage con22 tainers to a person in com23 merce, including provision 

24 free of charge, such as at a 

25 workplace or event. 


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1 ‘‘(bb) INCLUSION.—The 

2 term ‘retailer’ includes a person 

3 that engages in the sale of or 

4 provides beverages in beverage 

5 containers, as described in item 

6 (aa), through a vending machine 

7 or similar means. 

8 ‘‘(B) COVERED PRODUCTS.—With respect 

9 to a covered product, the term ‘responsible 

10 party’ means— 

11 ‘‘(i) a person that manufactures and 

12 uses in a commercial enterprise, sells, of13 fers for sale, or distributes the covered 

14 product in the United States under the 

15 brand of the manufacturer; 

16 ‘‘(ii) if clause (i) does not apply, a 

17 person that is not the manufacturer of the 

18 covered product but is the owner or li19 censee of a trademark under which the 

20 covered product is used in a commercial 

21 enterprise, sold, offered for sale, or distrib22 uted in the United States, whether or not 

23 the trademark is registered; or 

24 ‘‘(iii) if clauses (i) and (ii) do not 

25 apply, a person that imports the covered 


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1 product into the United States for use in 

2 a commercial enterprise, sale, offer for 

3 sale, or distribution in the United States. 

4 ‘‘(17) RESTAURANT.— 

5 ‘‘(A) IN GENERAL.—The term ‘restaurant’ 

6 means an establishment the primary business of 

7 which is the preparation of food or beverage— 

8 ‘‘(i) for consumption by the public; 

9 ‘‘(ii) in a form or quantity that is 

10 consumable immediately at the establish11 ment, whether or not the food or beverage 

12 is consumed within the confines of the 

13 place where the food or beverage is pre14 pared; or 

15 ‘‘(iii) in a consumable form for con16 sumption outside the place where the food 

17 or beverage is prepared. 

18 ‘‘(B) INCLUSION.—The term ‘restaurant’ 

19 includes a fast food restaurant. 

20 ‘‘(18) REUSABLE.—The term ‘reusable’ means, 

21 with respect to a covered product or beverage con22 tainer, that the covered product or beverage con23 tainer is— 

24 ‘‘(A) technically feasible to reuse or refill 

25 in United States market conditions; and 


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1 ‘‘(B) reusable or refillable for such number 

2 of cycles, but not less than 100 cycles, as the 

3 Administrator determines to be appropriate for 

4 the covered product or beverage container. 

5 ‘‘(19) SINGLE-USE PRODUCT.— 

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

7 product’ means a consumer product that is rou8 tinely disposed of, recycled, or otherwise dis9 carded after a single use. 

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

11 product’ does not include— 

12 ‘‘(i) medical food, supplements, de13 vices, or other products determined by the 

14 Secretary of Health and Human Services 

15 to necessarily be made of plastic for the 

16 protection of public health; 

17 ‘‘(ii) a personal hygiene product that, 

18 due to the intended use of the product, 

19 could become unsafe or unsanitary to recy20 cle, such as a diaper; or 

21 ‘‘(iii) packaging that is— 

22 ‘‘(I) for any product described in 

23 clause (i); or 

24 ‘‘(II) used for the shipment of 

25 hazardous materials that is prohibited 


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1 from being composed of used mate2 rials under section 178.509 or 

3 178.522 of title 49, Code of Federal 

4 Regulations (as in effect on the date 

5 of enactment of this subtitle). 

6 ‘‘(20) TOXIC SUBSTANCE.— 

7 ‘‘(A) IN GENERAL.—The term ‘toxic sub8 stance’ means any substance, mixture, or com9 pound that may cause personal injury or dis10 ease to humans through ingestion, inhalation, 

11 or absorption through any body surface and 

12 satisfies one or more of the following condi13 tions: 

14 ‘‘(i) The substance, mixture, or com15 pound is subject to reporting requirements 

16 under— 

17 ‘‘(I) the Emergency Planning 

18 and Community Right-To-Know Act 

19 of 1986 (42 U.S.C. 11001 et seq.); 

20 ‘‘(II) the Comprehensive Envi21 ronmental Response, Compensation, 

22 and Liability Act of 1980 (42 U.S.C. 

23 9601 et seq.); or 

24 ‘‘(III) section 112(r) of the Clean 

25 Air Act (42 U.S.C. 7412(r)). 


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1 ‘‘(ii) Testing has produced evidence 

2 recognized by the National Institute for 

3 Occupational Safety and Health or the En4 vironmental Protection Agency that the 

5 substance, mixture, or compound poses 

6 acute or chronic health hazards. 

7 ‘‘(iii) The Administrator or the Sec8 retary of Health and Human Services has 

9 issued a public health advisory for the sub10 stance, mixture, or compound. 

11 ‘‘(iv) Exposure to the substance, mix12 ture, or compound is shown by expert tes13 timony recognized by the Environmental 

14 Protection Agency to increase the risk of 

15 developing a latent disease. 

16 ‘‘(v) The substance, mixture, or com17 pound is a perfluoroalkyl or polyfluoroalkyl 

18 substance. 

19 ‘‘(B) EXCLUSIONS.—The term ‘toxic sub20 stance’ does not include— 

21 ‘‘(i) a pesticide applied— 

22 ‘‘(I) in accordance with Federal, 

23 State, and local laws (including regu24 lations); and 


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1 ‘‘(II) in accordance with the in2 structions of the manufacturer of the 

3 pesticide; or 

4 ‘‘(ii) ammunition, a component of am5 munition, a firearm, an air rifle, discharge 

6 of a firearm or an air rifle, hunting or 

7 fishing equipment, or a component of 

8 hunting or fishing equipment. 

9 ‘‘(21) UNITED STATES.—The term ‘United 

10 States’, when used in a geographical sense, means 

11 all of the States. 

12 ‘‘(22) UTENSIL.— 

13 ‘‘(A) IN GENERAL.—The term ‘utensil’ 

14 means a product designed to be used by a con15 sumer to facilitate the consumption of a food or 

16 beverage. 

17 ‘‘(B) INCLUSIONS.—The term ‘utensil’ in18 cludes a knife, a fork, a spoon, a spork, a cock19 tail pick, a chopstick, a splash stick, and a stir20 rer. 

21 ‘‘PART I—PRODUCTS IN THE MARKETPLACE 

22 ‘‘SEC. 12101. EXTENDED PRODUCER RESPONSIBILITY. 

23 ‘‘(a) IN GENERAL.—Except as provided in subsection 

24 (b), beginning on February 1, 2023, each responsible 

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1 erage container that is sold, distributed, or imported into 

2 the United States shall— 

3 ‘‘(1) participate as a member of an Organiza4 tion for which a Plan is approved by the Adminis5 trator; and 

6 ‘‘(2) through that participation, satisfy the per7 formance targets under section 12105(g). 

8 ‘‘(b) EXEMPTIONS.—A responsible party for a cov9 ered product or beverage sold in a beverage container, in10 cluding a responsible party that operates as a single point 

11 of retail sale and is not supplied by, or operated as part 

12 of, a franchise, shall not be subject to this part if the re13 sponsible party— 

14 ‘‘(1)(A) for fiscal year 2021, has an annual rev15 enue of less than $1,000,000; and 

16 ‘‘(B) for fiscal year 2022 and each subsequent 

17 fiscal year, has an annual revenue of less than the 

18 applicable amount during the preceding fiscal year, 

19 as adjusted to reflect changes for the 12-month pe20 riod ending on the preceding November 30 in the 

21 Consumer Price Index for All Urban Consumers 

22 published by the Bureau of Labor Statistics of the 

23 Department of Labor; or 


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1 ‘‘(2) is the responsible party for less than 1 ton 

2 of covered products or beverage containers in com3 merce each year. 

4 ‘‘(c) ENFORCEMENT.— 

5 ‘‘(1) PROHIBITION.—It shall be unlawful for 

6 any person that is a responsible party for a covered 

7 product or beverage sold in a beverage container to 

8 sell, use, or distribute any covered product or bev9 erage sold in a beverage container in commerce ex10 cept in compliance with this part. 

11 ‘‘(2) CIVIL PENALTY.—Any person that violates 

12 paragraph (1) shall be subject to a fine for each vio13 lation and for each day that the violation occurs in 

14 an amount of not more than $70,117. 

15 ‘‘(3) INJUNCTIVE RELIEF.—The Administrator 

16 may bring a civil action to enjoin the sale, distribu17 tion, or importation into the United States of a cov18 ered product or beverage sold in a beverage con19 tainer in violation of this part. 

20 ‘‘(4) STATE ENFORCEMENT.—The Adminis21 trator may permit a State to carry out enforcement 

22 under paragraph (2) or (3) if the Administrator de23 termines that the State meets such requirements as 

24 the Administrator may establish. 


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1 ‘‘(d) INAPPLICABILITY OF THE ANTITRUST LAWS.— 

2 The antitrust laws, as defined in the first section of the 

3 Clayton Act (15 U.S.C. 12), shall not apply to a respon4 sible party or Organization that carries out activities in 

5 accordance with an approved Plan if the conduct is nec6 essary to plan and implement the Plan. 

7 ‘‘SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS. 

8 ‘‘(a) IN GENERAL.— 

9 ‘‘(1) ESTABLISHMENT.—To satisfy the require10 ment under section 12101(a)(1), one or more re11 sponsible parties for a category of covered product 

12 or beverage sold in a beverage container shall estab13 lish a Producer Responsibility Organization that 

14 shall act as an agent and on behalf of each respon15 sible party to carry out the responsibilities of the re16 sponsible party under this part with respect to that 

17 category of covered product or beverage sold in a 

18 beverage container. 

19 ‘‘(2) PROGRAM.—An Organization shall estab20 lish a Product Stewardship Program to carry out 

21 the responsibilities of the Organization under this 

22 part. 

23 ‘‘(3) COORDINATION.—If more than 1 Organi24 zation is established under paragraph (1) with re25 spect to a category of covered product or beverage 


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1 sold in a beverage container, the Administrator 

2 shall— 

3 ‘‘(A) coordinate and manage those Organi4 zations; or 

5 ‘‘(B) establish an entity— 

6 ‘‘(i) to carry out subparagraph (A); 

7 and 

8 ‘‘(ii) to conduct business between 

9 those Organizations and State and local 

10 governments. 

11 ‘‘(4) MULTIPLE ORGANIZATIONS.—A respon12 sible party— 

13 ‘‘(A) may participate in more than 1 Orga14 nization if each Organization is established for 

15 a different category of covered products or bev16 erages sold in beverage containers; and 

17 ‘‘(B) may participate in— 

18 ‘‘(i) only 1 national Organization with 

19 respect to— 

20 ‘‘(I) each category of covered 

21 products; or 

22 ‘‘(II) beverages sold in beverage 

23 containers; or 

24 ‘‘(ii) only 1 regional Organization with 

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1 tainers and each category of covered prod2 ucts for each region in which the covered 

3 products or beverages sold in beverage con4 tainers produced by the responsible party 

5 are sold. 

6 ‘‘(5) NONPROFIT STATUS.—An Organization 

7 shall be established and operated as an organization 

8 described in section 501(c)(3) of the Internal Rev9 enue Code of 1986 and exempt from taxation under 

10 501(a) of that Code. 

11 ‘‘(6) CATEGORIES.—The Administrator, in con12 sultation with Organizations, shall promulgate regu13 lations to establish categories of covered products 

14 and beverages sold in beverage containers for pur15 poses of this part. 

16 ‘‘(b) PARTICIPATION FEES.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (5), 

18 an Organization shall charge each responsible party 

19 a fee for membership in the Organization in accord20 ance with this subsection. 

21 ‘‘(2) COMPONENTS.—A fee charged to a respon22 sible party under paragraph (1) shall include— 

23 ‘‘(A) costs of management and cleanup in 

24 accordance with paragraph (3); and 


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1 ‘‘(B) administrative costs in accordance 

2 with paragraph (4). 

3 ‘‘(3) MANAGEMENT AND CLEANUP COSTS.— 

4 ‘‘(A) IN GENERAL.—A fee under para5 graph (1) shall include, with respect to a re6 sponsible party, the costs of management 

7 (which shall include collecting, transporting, 

8 processing, recycling, and composting) or clean9 ing up the covered products or beverage con10 tainers of the responsible party after consumer 

11 use through the applicable Program, including 

12 administrative costs. 

13 ‘‘(B) CONSIDERATIONS.—In determining 

14 the costs of management and cleanup described 

15 in subparagraph (A) with respect to a respon16 sible party, an Organization shall, at a min17 imum, take into account— 

18 ‘‘(i) the cost to properly manage the 

19 applicable category of covered product or 

20 beverage container waste; 

21 ‘‘(ii) the cost to assist in cleaning up 

22 the covered product or beverage container 

23 waste of the responsible party from— 

24 ‘‘(I) public places; 


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1 ‘‘(II) freshwater and marine envi2 ronments, to the extent that cleanup 

3 can be accomplished without harming 

4 the existing marine life and intact 

5 ecosystems; and 

6 ‘‘(III) materials in compost facili7 ties or other facilities handling or8 ganic wastes; 

9 ‘‘(iii) to the extent that cleanup of the 

10 covered products or beverage containers 

11 from freshwater and marine environments 

12 cannot be accomplished without harming 

13 the existing freshwater and marine life and 

14 intact ecosystems, the cost of other appro15 priate mitigation measures; 

16 ‘‘(iv) the higher cost of managing cov17 ered products that— 

18 ‘‘(I) bond materials together, 

19 making the covered product more dif20 ficult to recycle, such as plastic bond21 ed with paper or metal; 

22 ‘‘(II) would typically be recycla23 ble or compostable, but, as a con24 sequence of the design of the covered 


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1 product, has the effect of disrupting 

2 recycling or composting processes; 

3 ‘‘(III) includes labels, inks, lin4 ers, and adhesives containing heavy 

5 metals or other toxic substances; or 

6 ‘‘(IV) cannot be mechanically re7 cycled; 

8 ‘‘(v) the lower cost of managing— 

9 ‘‘(I) beverage containers that 

10 have— 

11 ‘‘(aa) nondetachable caps; or 

12 ‘‘(bb) other innovations and 

13 design characteristics to prevent 

14 littering; and 

15 ‘‘(II) contact containers and 

16 other covered products that— 

17 ‘‘(aa) are specifically de18 signed to be reusable or refillable; 

19 and 

20 ‘‘(bb) have a high reuse or 

21 refill rate; 

22 ‘‘(vi) covered products with lower en23 vironmental impacts, including— 

24 ‘‘(I) covered products that are 

25 made of— 


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1 ‘‘(aa) sustainable or renew2 ably sourced materials; or 

3 ‘‘(bb) at least 90 percent by 

4 weight of any combination of— 

5 ‘‘(AA) postconsumer re6 cycled content; or 

7 ‘‘(BB) materials de8 rived from land or fresh9 water or marine environ10 ment litter; and 

11 ‘‘(II) compostable covered prod12 ucts that— 

13 ‘‘(aa) have direct contact 

14 with food; or 

15 ‘‘(bb) help divert food waste 

16 from a landfill; and 

17 ‘‘(vii) the percentage of postconsumer 

18 recycled content verified by an independent 

19 party designated by the Administrator that 

20 exceeds the minimum requirements estab21 lished under section 12302 in the pack22 aging, if the recycled content does not dis23 rupt the potential for future recycling. 

24 ‘‘(4) ADMINISTRATIVE COSTS.— 


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1 ‘‘(A) IN GENERAL.—A fee under para2 graph (1) shall include— 

3 ‘‘(i) the administrative costs to the 

4 Organization of carrying out the Program; 

5 ‘‘(ii) the cost to the Administrator of 

6 administering this part with respect to the 

7 applicable Organization, including— 

8 ‘‘(I) oversight, including annual 

9 oversight; 

10 ‘‘(II) issuance of any rules; 

11 ‘‘(III) planning; 

12 ‘‘(IV) Plan review; 

13 ‘‘(V) compliance; 

14 ‘‘(VI) outreach and education; 

15 ‘‘(VII) enforcement; 

16 ‘‘(VIII) sufficient staff positions 

17 to administer this part; and 

18 ‘‘(IX) other activities directly re19 lated to the activities described in sub20 clauses (I) through (VIII); and 

21 ‘‘(iii) the cost to a State for carrying 

22 out enforcement with respect to the appli23 cable Organization. 

24 ‘‘(B) CONSIDERATION.—In determining 

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1 graph (A), an Organization shall consider the 

2 company size and annual revenue of the respon3 sible party. 

4 ‘‘(C) REIMBURSEMENT.—An Organization 

5 shall reimburse— 

6 ‘‘(i) the Administrator for costs de7 scribed in subparagraph (A)(ii) incurred by 

8 the Administrator; and 

9 ‘‘(ii) a State for costs described in 

10 subparagraph (A)(iii) incurred by the 

11 State. 

12 ‘‘(5) APPROVAL.— 

13 ‘‘(A) IN GENERAL.—Before an Organiza14 tion may charge a fee or revise the amount of 

15 a fee to be charged under paragraph (1)— 

16 ‘‘(i) the Organization shall submit to 

17 the Administrator the fee structure and 

18 the methodology for determining that fee 

19 structure; and 

20 ‘‘(ii)(I) the Organization shall receive 

21 notification of approval of the fee structure 

22 under subparagraph (B)(ii); or 

23 ‘‘(II) the fee structure shall be consid24 ered approved under subparagraph (C). 


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1 ‘‘(B) APPROVAL.—Not later than 60 days 

2 after receipt of a fee structure under subpara3 graph (A)(i), the Administrator shall— 

4 ‘‘(i)(I) approve the fee structure if the 

5 Administrator determines that the fee 

6 structure is in accordance with this sub7 section; or 

8 ‘‘(II) deny the fee structure if the Ad9 ministrator determines that the fee struc10 ture is not in accordance with this sub11 section; and 

12 ‘‘(ii) notify the Organization of the 

13 determination under clause (i). 

14 ‘‘(C) FAILURE TO MEET DEADLINE.—If 

15 the Administrator does not make a determina16 tion under clause (i) of subparagraph (B) by 

17 the date required under that subparagraph, the 

18 fee structure shall be considered to be approved. 

19 ‘‘(c) ADVISORY COMMITTEES.— 

20 ‘‘(1) IN GENERAL.—An Organization shall es21 tablish an advisory committee that represents a 

22 range of interested and engaged persons relevant to 

23 the category of covered products or beverages sold in 

24 beverage containers of the applicable Program, in25 cluding— 


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1 ‘‘(A) collection providers; 

2 ‘‘(B) cleanup service providers; 

3 ‘‘(C) recyclers; and 

4 ‘‘(D) composters. 

5 ‘‘(2) COMPOSITION.— 

6 ‘‘(A) IN GENERAL.—At a minimum, an ad7 visory committee shall include individuals rep8 resenting each of— 

9 ‘‘(i) responsible parties, such as a 

10 trade association; 

11 ‘‘(ii) States; 

12 ‘‘(iii) cities, including— 

13 ‘‘(I) small and large cities; and 

14 ‘‘(II) cities located in urban and 

15 rural counties; 

16 ‘‘(iv) counties, including— 

17 ‘‘(I) small and large counties; 

18 and 

19 ‘‘(II) urban and rural counties; 

20 ‘‘(v) public sector recycling, compost21 ing, and solid waste industries for the ap22 plicable type of product or packaging; 

23 ‘‘(vi) private sector recycling, com24 posting, and solid waste industries for the 

25 applicable type of product or packaging; 


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1 ‘‘(vii) recycled feedstock users for the 

2 applicable type of product or packaging; 

3 ‘‘(viii) public place litter programs; 

4 ‘‘(ix) freshwater and marine litter pro5 grams; 

6 ‘‘(x) environmental organizations; 

7 ‘‘(xi) disability advocates; 

8 ‘‘(xii) Indian Tribes; and 

9 ‘‘(xiii) environmental and human 

10 health scientists. 

11 ‘‘(B) REQUIREMENTS.— 

12 ‘‘(i) IN GENERAL.—Each individual 

13 serving on an advisory committee may rep14 resent only 1 category described in clauses 

15 (i) through (xiii) of subparagraph (A). 

16 ‘‘(ii) DISPROPORTIONATE REPRESEN17 TATION.—An Organization shall ensure 

18 that no category described in clauses (i) 

19 through (xiii) of subparagraph (A) has dis20 proportionate representation on an advi21 sory committee. 

22 ‘‘(3) PUBLIC COMMENT.—Each year, an Orga23 nization shall provide a process to receive comments 

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1 bers, which to the maximum extent practicable shall 

2 include diverse ethnic populations. 

3 ‘‘(4) EXPENSES.— 

4 ‘‘(A) IN GENERAL.—An Organization shall 

5 reimburse representatives of community groups, 

6 Indian Tribes, State and local governments, 

7 and nonprofit organizations for expenses related 

8 to participating on the advisory committee. 

9 ‘‘(B) OTHER MEMBERS.—Other members 

10 of the advisory committee may be compensated 

11 for travel expenses as needed to ensure the abil12 ity of those members to participate on the advi13 sory committee. 

14 ‘‘(5) DUTIES.—An Organization shall— 

15 ‘‘(A) hold an advisory committee meeting 

16 at least once per year; 

17 ‘‘(B) request and consider comments from 

18 the advisory committee of the Organization 

19 prior to the submission to the Administrator of 

20 a Plan or any revisions to a Plan; 

21 ‘‘(C) report comments of the advisory com22 mittee to the Administrator as an appendix to 

23 any revisions to a Plan submitted to the Ad24 ministrator; and 


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1 ‘‘(D) include a summary of advisory com2 mittee engagement and input in the report 

3 under section 12107. 

4 ‘‘SEC. 12103. COVERED PRODUCT MANAGEMENT. 

5 ‘‘(a) IN GENERAL.—In carrying out a Program, a re6 sponsible party, acting through an Organization, shall— 

7 ‘‘(1) meet the performance targets under the 

8 applicable Plan, as described in section 12105(g)— 

9 ‘‘(A) in the case of covered products, by 

10 providing for the collection of covered products 

11 in accordance with subsection (b); or 

12 ‘‘(B) in the case of beverage containers, by 

13 carrying out the responsibilities under section 

14 12104(e); and 

15 ‘‘(2) in accordance with subsection (c), provide 

16 for the cleanup of covered products or beverage con17 tainers that become litter. 

18 ‘‘(b) COLLECTION.— 

19 ‘‘(1) IN GENERAL.—A Program shall provide 

20 widespread, convenient, and equitable access to op21 portunities for the collection of covered products in 

22 accordance with this subsection. 

23 ‘‘(2) CONVENIENCE.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), collection opportunities described in 

3 paragraph (1) shall— 

4 ‘‘(i) be provided throughout each 

5 State, Tribal land, and territory in which 

6 the applicable covered product is sold, in7 cluding in rural and island communities; 

8 ‘‘(ii) be as convenient as trash collec9 tion in the applicable area; and 

10 ‘‘(iii) in a case in which collection of 

11 the applicable covered product by curbside 

12 collection is not practicable, be, as deter13 mined by the Administrator, and in the 

14 case of a city with a population of 750,000 

15 or more residents, subject to the approval 

16 of the city, available for not less than 95 

17 percent of the population of the applicable 

18 area within— 

19 ‘‘(I) in the case of an urban area, 

20 a 10-minute drive; or 

21 ‘‘(II) in the case of a rural area, 

22 the longer of— 

23 ‘‘(aa) a 45-minute drive; and 

24 ‘‘(bb) the time to drive to 

25 the nearest rural service center. 


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1 ‘‘(B) WAIVER.—The Administrator may 

2 waive the requirement under subparagraph (A) 

3 after— 

4 ‘‘(i) consultation with the advisory 

5 committee of the applicable Organization 

6 and other appropriate stakeholders; and 

7 ‘‘(ii) approval by the unit of local gov8 ernment with jurisdiction over the applica9 ble area. 

10 ‘‘(3) METHODS.— 

11 ‘‘(A) CURBSIDE OR MULTIFAMILY COLLEC12 TION.—With respect to a geographic area de13 scribed in paragraph (2)(A), an Organization 

14 shall, at a minimum, provide the opportunity 

15 for the collection of the applicable covered prod16 uct through a curbside or multifamily recycling 

17 collection service, if— 

18 ‘‘(i) the category of covered product— 

19 ‘‘(I) is suitable for curbside or 

20 multifamily recycling collection; and 

21 ‘‘(II) can be effectively sorted by 

22 facilities receiving the covered product 

23 after collection; and 

24 ‘‘(ii) the provider of the service 

25 agrees— 


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1 ‘‘(I) to accept the category of 

2 covered product; and 

3 ‘‘(II) to a compensation agree4 ment described in subparagraph (C). 

5 ‘‘(B) OTHER METHODS.—In addition to 

6 the method described in subparagraph (A), an 

7 Organization may comply with the requirement 

8 under paragraph (1) by— 

9 ‘‘(i) entering into an agreement 

10 with— 

11 ‘‘(I) an entity that carries out a 

12 program through which consumers 

13 may drop off the covered product at a 

14 designated location (commonly known 

15 as a ‘depot drop-off program’); or 

16 ‘‘(II) a retailer that accepts the 

17 covered product from consumers 

18 (commonly known as ‘retailer take19 back’); or 

20 ‘‘(ii) such other means as the Organi21 zation determines to be appropriate, in22 cluding by establishing a collection pro23 gram or service, including a program or 

24 service that provides collection from public 

25 spaces. 


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1 ‘‘(C) COMPENSATION AGREEMENTS.— 

2 ‘‘(i) IN GENERAL.—An Organization 

3 may comply with this subsection by enter4 ing into an agreement with a governmental 

5 or private entity under which the Organi6 zation compensates the entity for the col7 lection of covered products. 

8 ‘‘(ii) REQUIREMENT.—As part of a 

9 compensation agreement under clause (i), 

10 an Organization shall offer to provide re11 imbursement of not less than 100 percent 

12 of the cost to the entity of managing the 

13 covered products, including, as applicable, 

14 administrative costs, sorting, and reproc15 essing. 

16 ‘‘(4) MANAGING COLLECTED COVERED PROD17 UCTS.—In carrying out this subsection, an Organi18 zation shall— 

19 ‘‘(A) ensure that— 

20 ‘‘(i) the collection means and systems 

21 used direct the covered product waste to— 

22 ‘‘(I) facilities that are effective in 

23 sorting and reprocessing covered prod24 uct waste prior to shipment in a form 


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1 ready for remanufacture into new 

2 products; or 

3 ‘‘(II) other facilities that the Ad4 ministrator determines appropriately 

5 manage the covered product waste; 

6 ‘‘(ii) covered products are managed in 

7 an environmentally sound and socially just 

8 manner at reprocessing, disposal, or other 

9 facilities operating with human health and 

10 environmental protection standards that 

11 are broadly equivalent to the standards re12 quired in— 

13 ‘‘(I) the United States; or 

14 ‘‘(II) other countries that are 

15 members of the Organization for Eco16 nomic Cooperation and Development; 

17 and 

18 ‘‘(iii) the Program includes measures 

19 to track, verify, and publicly report that 

20 covered products are managed responsibly 

21 and not reexported to other countries; and 

22 ‘‘(B) take measures— 

23 ‘‘(i) to promote high-quality recycling 

24 that retains material quality; 


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1 ‘‘(ii) to meet the necessary quality 

2 standards for the relevant facilities that 

3 manufacture new products from the col4 lected, sorted, and reprocessed materials; 

5 and 

6 ‘‘(iii) to prioritize the recycling of 

7 products and packaging into uses that 

8 achieve the greatest environmental benefits 

9 from displacing the use of virgin materials. 

10 ‘‘(5) COSTS.—A responsible party or an Organi11 zation may not charge a covered entity any amount 

12 for the cost of carrying out this subsection. 

13 ‘‘(6) EFFECT.—Nothing in this subsection— 

14 ‘‘(A) requires a governmental entity to pro15 vide for the collection of covered products; or 

16 ‘‘(B) prohibits a governmental entity from 

17 providing for the collection of covered products. 

18 ‘‘(c) CLEANUP; REDUCTION IN WASTE.—A Program 

19 shall— 

20 ‘‘(1) provide funding to, and coordinate with, 

21 entities that collect covered product or beverage con22 tainer litter from public places or freshwater or ma23 rine environments in the United States, including 

24 Tribal land and territories; and 


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1 ‘‘(2) coordinate product design and Program in2 novations to reduce covered product or beverage con3 tainer waste. 

4 ‘‘(d) MINIMUM FUNDING REQUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—Of Program expenditures 

6 for a fiscal year, an Organization shall ensure 

7 that— 

8 ‘‘(A)(i) for the 10-year period beginning on 

9 the date on which the Organization is estab10 lished, not less than 50 percent is used for the 

11 improvement and development of new market, 

12 recycling, or composting infrastructure in the 

13 United States, which may include installing or 

14 upgrading equipment at existing sorting and re15 processing facilities— 

16 ‘‘(I) to improve sorting of covered 

17 product waste; or 

18 ‘‘(II) to mitigate the impacts of cov19 ered product waste to other commodities; 

20 and 

21 ‘‘(ii) for each year thereafter, such percent22 age as the Administrator may establish, but not 

23 less than 10 percent, is used for the purposes 

24 described in clause (i); and 

25 ‘‘(B) not less than 10 percent is used for— 


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1 ‘‘(i) cleanup activities under sub2 section (c)(1); and 

3 ‘‘(ii) the removal of covered product 

4 or beverage container contaminants at 

5 compost facilities and other facilities that 

6 manage organic materials. 

7 ‘‘(2) DETERMINATION OF EXPENDITURES.— 

8 For purposes of carrying out paragraph (1), Pro9 gram expenditures for a fiscal year shall be based 

10 on— 

11 ‘‘(A) in the case of the first fiscal year of 

12 the Program, budgeted expenditures for the fis13 cal year; and 

14 ‘‘(B) in the case of each fiscal year there15 after, Program expenditures for the previous 

16 fiscal year. 

17 ‘‘SEC. 12104. NATIONAL BEVERAGE CONTAINER PROGRAM. 

18 ‘‘(a) RESPONSIBILITIES OF RESPONSIBLE PAR19 TIES.— 

20 ‘‘(1) IN GENERAL.—Each responsible party for 

21 beverages sold in beverage containers shall— 

22 ‘‘(A) charge to a retailer to which the bev23 erage in a beverage container is delivered a de24 posit in the amount of the applicable refund 


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1 value described in subsection (c) on delivery; 

2 and 

3 ‘‘(B) on receipt of an empty beverage con4 tainer from a retailer, pay to the retailer a re5 fund in the amount of the applicable refund 

6 value described in subsection (c). 

7 ‘‘(2) USE OF DEPOSITS FROM UNREDEEMED

8 BEVERAGE CONTAINERS.—A responsible party shall 

9 use any amounts received as deposits under para10 graph (1)(A) for which an empty beverage container 

11 is not returned to the Organization responsible for 

12 the material of the beverage container for invest13 ment in collection, recycling, and reuse infrastruc14 ture. 

15 ‘‘(b) RESPONSIBILITIES OF RETAILERS.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), each retailer of beverages in beverage 

18 containers shall— 

19 ‘‘(A) charge to the customer to which the 

20 beverage in a beverage container is sold a de21 posit in the amount of the applicable refund 

22 value described in subsection (c) on the sale; 

23 ‘‘(B) on receipt of an empty beverage con24 tainer from a customer, pay to the customer a 


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1 refund in the amount of the applicable refund 

2 value described in subsection (c); 

3 ‘‘(C) accept a beverage container and pay 

4 a refund under subparagraph (B)— 

5 ‘‘(i) during any period that the re6 tailer is open for business; and 

7 ‘‘(ii) regardless of whether the specific 

8 beverage container was sold by the retailer; 

9 and 

10 ‘‘(D) in the case of a retailer that is equal 

11 to or greater than 5,000 square feet, accept any 

12 brand and size of beverage container and pay a 

13 refund under subparagraph (B) for the bev14 erage container, regardless of whether the re15 tailer sells that brand or size of beverage con16 tainer. 

17 ‘‘(2) EXCEPTIONS.— 

18 ‘‘(A) DIRTY OR DAMAGED.—A retailer de19 scribed in paragraph (1) may refuse to accept 

20 a beverage container and pay a refund under 

21 paragraph (1)(B) if the beverage container— 

22 ‘‘(i) visibly contains or is contami23 nated by a substance other than— 

24 ‘‘(I) water; 


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1 ‘‘(II) residue of the original con2 tents; or 

3 ‘‘(III) ordinary dust; or 

4 ‘‘(ii) is so damaged that the brand or 

5 refund label appearing on the container 

6 cannot be identified. 

7 ‘‘(B) CONTAINER LIMITATION.— 

8 ‘‘(i) LARGE RETAILERS.—A retailer 

9 described in paragraph (1) that is equal to 

10 or greater than 5,000 square feet may 

11 refuse to accept, and pay a refund under 

12 paragraph (1)(B) for, more than 250 bev13 erage containers per person per day. 

14 ‘‘(ii) SMALL RETAILERS.—A retailer 

15 described in paragraph (1) that is less 

16 than 5,000 square feet may refuse to ac17 cept, and pay a refund under paragraph 

18 (1)(B) for, more than 50 beverage con19 tainers per person per day. 

20 ‘‘(C) BRAND AND SIZE.—A retailer de21 scribed in paragraph (1) that is less than 5,000 

22 square feet may refuse to accept, and pay a re23 fund under paragraph (1)(B) for, a brand or 

24 size of beverage container that the retailer does 

25 not sell. 


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1 ‘‘(D) RESTAURANTS.—A retailer described 

2 in paragraph (1) that is a restaurant may 

3 refuse to accept, and pay a refund under para4 graph (1)(B) for, a beverage container that the 

5 restaurant did not sell. 

6 ‘‘(E) OTHER MEANS OF RETURN.—The 

7 Administrator may permit the establishment of 

8 convenience zones, under which a retailer within 

9 a convenience zone is exempt from this sub10 section if the Administrator determines that the 

11 retailer— 

12 ‘‘(i) is located within close proximity 

13 to a redemption center established under 

14 subsection (e)(2); and 

15 ‘‘(ii) shares in the cost of the oper16 ation of that redemption center with the 

17 responsible party. 

18 ‘‘(c) APPLICABLE REFUND VALUE.— 

19 ‘‘(1) IN GENERAL.—The amount of the refund 

20 value referred to in subsections (a) and (b) shall be 

21 not less than 10 cents. 

22 ‘‘(2) ADJUSTMENTS.—Beginning on the date 

23 that is 3 years after the date of enactment of this 

24 part, the Administrator may increase the minimum 

25 refund value under paragraph (1) to account for— 


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1 ‘‘(A) inflation; and 

2 ‘‘(B) other factors, such as a failure to 

3 meet performance targets described in section 

4 12105(g). 

5 ‘‘(3) DISCRETIONARY INCREASES.—A respon6 sible party, with respect to a covered product or bev7 erage container, or a State may require a refund 

8 value that is more than the minimum refund value 

9 under paragraph (1). 

10 ‘‘(d) LABELING.—Any manufacturer, importer, or 

11 distributor of a beverage in a beverage container that is 

12 sold in the United States shall include on the label of the 

13 beverage container a standardized description of the appli14 cable refund value in such a manner that the description 

15 is clearly visible. 

16 ‘‘(e) RESPONSIBILITIES OF ORGANIZATIONS.— 

17 ‘‘(1) COLLECTION AND STORAGE.—An Organi18 zation of responsible parties for beverages sold in 

19 beverage containers shall facilitate collection and 

20 storage of beverage containers that are returned to 

21 retailers under this section by providing storage or 

22 other means to collect the beverage containers until 

23 collection for recycling, such as reverse vending or 

24 other convenient options for consumers. 

25 ‘‘(2) REDEMPTION CENTERS.— 


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1 ‘‘(A) IN GENERAL.—An Organization of 

2 responsible parties for beverages sold in bev3 erage containers shall establish and operate fa4 cilities to accept beverage containers from con5 sumers. 

6 ‘‘(B) REQUIREMENTS.—A facility estab7 lished under subparagraph (A) shall— 

8 ‘‘(i) be staffed and available to the 

9 public— 

10 ‘‘(I) each day other than a Fed11 eral or local holiday; and 

12 ‘‘(II) not less than 10 hours each 

13 day; 

14 ‘‘(ii) accept— 

15 ‘‘(I) any beverage container; and 

16 ‘‘(II) not less than 350 beverage 

17 containers per person per day; and 

18 ‘‘(iii) provide— 

19 ‘‘(I) hand or automated counts 

20 conducted by staff of the facility; 

21 ‘‘(II) a drop door for consumers 

22 to drop off bags of mixed beverage 

23 containers for staff of the facility to 

24 count, for which the facility may col25 lect a convenience fee; or 


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1 ‘‘(III) any other convenient 

2 means of receiving and counting bev3 erage containers, as determined by the 

4 Administrator. 

5 ‘‘(3) CURBSIDE COLLECTION.—An Organization 

6 may pay an entity that collects curbside recycling 

7 the value of the applicable refund value under sub8 section (c) for beverage containers collected, based 

9 on weight or another measurement that approxi10 mates the amount of the refunds, as negotiated by 

11 the Organization and the entity. 

12 ‘‘(f) EXCLUDED STATES.— 

13 ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this 

14 subsection, the term ‘eligible State’ means a State 

15 that— 

16 ‘‘(A) has in effect a beverage container law 

17 before the date of enactment of this subtitle; 

18 and 

19 ‘‘(B) enacts legislation after the date of en20 actment of this part to update the beverage 

21 container law described in subparagraph (A) to 

22 be consistent with the refund value amounts 

23 under, and beverage containers covered by, this 

24 part. 


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1 ‘‘(2) COMPLIANCE WITH STATE LAW.—In the 

2 case of an eligible State, compliance with the law of 

3 the eligible State by a distributor, retailer, manufac4 turer, importer, or Organization shall be considered 

5 to be compliance with this section. 

6 ‘‘(3) CONFORMITY.—An eligible State is en7 couraged to negotiate with relevant Organizations on 

8 updated features of the beverage container law of 

9 the eligible State, such as sharing new revenue from 

10 increased deposits. 

11 ‘‘SEC. 12105. PRODUCT STEWARDSHIP PLANS. 

12 ‘‘(a) IN GENERAL.—Not later than February 1, 

13 2022, each Organization shall submit to the Administrator 

14 a Product Stewardship Plan that describes how the Orga15 nization will carry out the responsibilities of the Organiza16 tion under this part. 

17 ‘‘(b) CONTENTS.—Each Plan shall contain, at a min18 imum— 

19 ‘‘(1) contact information for the Organization 

20 submitting the Plan; 

21 ‘‘(2) a list of participating responsible parties 

22 and brands covered by the applicable Program, in23 cluding organization structure for each responsible 

24 party; and 

25 ‘‘(3) a description of— 


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1 ‘‘(A) each category of covered product or 

2 beverage sold in a beverage container covered 

3 by the Plan; 

4 ‘‘(B) funding for the Organization, includ5 ing how fees will be structured and collected in 

6 accordance with section 12102(b)(5); 

7 ‘‘(C) performance targets under subsection 

8 (g); 

9 ‘‘(D) the means by which each type of cov10 ered product or beverage container will be col11 lected in accordance with section 12103 or 

12 12104, as applicable, to meet— 

13 ‘‘(i) the consumer convenience and ge14 ographic coverage standards for collection 

15 under this part; and 

16 ‘‘(ii) the performance targets under 

17 subsection (g); 

18 ‘‘(E) consumer education plans in accord19 ance with section 12106; 

20 ‘‘(F) a customer service process, such as a 

21 process for answering citizen or customer ques22 tions and resolving issues; 

23 ‘‘(G) sound management practices for 

24 worker health and safety; 


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1 ‘‘(H) plans for complying with design-for2 environment and labeling requirements under 

3 sections 12303 and 12304, respectively; 

4 ‘‘(I) the means by which responsible par5 ties will work with and improve existing recy6 cling, composting, litter cleanup, and disposal 

7 programs and infrastructure; 

8 ‘‘(J) any plans to transition to reusable 

9 covered products; 

10 ‘‘(K) the means by which the Organization 

11 is mitigating fraud in the applicable Program; 

12 ‘‘(L) the means by which responsible par13 ties will consult with the Federal Government, 

14 State and local governments, and any other im15 portant stakeholders; and 

16 ‘‘(M) plans for market development. 

17 ‘‘(c) APPROVAL OR DENIAL.—Not later than 90 days 

18 after receiving a Plan under subsection (a), the Adminis19 trator shall— 

20 ‘‘(1) approve or deny the Plan; and 

21 ‘‘(2) notify the applicable Organization of the 

22 determination of the Administrator under paragraph 

23 (1). 

24 ‘‘(d) IMPLEMENTATION.—Beginning on August 1, 

25 2022, not later than 60 days after receiving a notification 


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1 of approval of a Plan under subsection (c)(2), the applica2 ble Organization shall begin implementation of the Plan. 

3 ‘‘(e) EXPIRATION.—A Plan— 

4 ‘‘(1) shall expire on the date that is 5 years 

5 after the date on which the Plan is approved; and 

6 ‘‘(2) may be renewed. 

7 ‘‘(f) REVISIONS.—The Administrator may require a 

8 revision to a Plan before the expiration date of the Plan 

9 if— 

10 ‘‘(1) the performance targets under subsection 

11 (g) are not being met; or 

12 ‘‘(2) there is a change in circumstances that 

13 otherwise warrants a revision. 

14 ‘‘(g) PERFORMANCE TARGETS.— 

15 ‘‘(1) IN GENERAL.—Each Plan shall contain 

16 achievable performance targets for the collection and 

17 recycling of the applicable covered product or bev18 erage container in accordance with section 12103 or 

19 12104, as applicable. 

20 ‘‘(2) MINIMUM REQUIREMENTS.—Performance 

21 targets under paragraph (1) shall be not less than, 

22 by weight of covered product— 

23 ‘‘(A) by December 31, 2027— 

24 ‘‘(i) 65 percent of all covered prod25 ucts, except paper, reused or recycled; 


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1 ‘‘(ii) 75 percent of all beverage con2 tainers and paper covered products recy3 cled; and 

4 ‘‘(iii) 50 percent of all industrially 

5 compostable covered products composted; 

6 and 

7 ‘‘(B) by December 31, 2032— 

8 ‘‘(i) 80 percent of all covered prod9 ucts, except paper, reused or recycled; 

10 ‘‘(ii) 90 percent of all beverage con11 tainers and paper covered products recy12 cled; and 

13 ‘‘(iii) 70 percent of all industrially 

14 compostable covered products composted. 

15 ‘‘SEC. 12106. OUTREACH AND EDUCATION. 

16 ‘‘(a) IN GENERAL.—A Program shall include the pro17 vision of outreach and education to consumers throughout 

18 the United States regarding— 

19 ‘‘(1) proper end-of-life management of covered 

20 products and beverage containers; 

21 ‘‘(2) the location and availability of curbside 

22 and drop-off collection opportunities; 

23 ‘‘(3) how to prevent litter of covered products 

24 and beverage containers; and 


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1 ‘‘(4) recycling and composting instructions that 

2 are— 

3 ‘‘(A) consistent nationwide, except as nec4 essary to take into account differences among 

5 State and local laws; 

6 ‘‘(B) easy to understand; and 

7 ‘‘(C) easily accessible. 

8 ‘‘(b) ACTIVITIES.—Outreach and education under 

9 subsection (a) shall— 

10 ‘‘(1) be designed to achieve the management 

11 goals of covered products and beverage containers 

12 under this part, including the prevention of contami13 nation by covered products and beverage containers 

14 in other management systems or in other materials; 

15 ‘‘(2) be coordinated across programs nationally 

16 to avoid confusion for consumers; and 

17 ‘‘(3) include, at a minimum— 

18 ‘‘(A) consulting on education, outreach, 

19 and communications with the advisory com20 mittee of the applicable Organization and other 

21 stakeholders; 

22 ‘‘(B) coordinating with and assisting local 

23 municipal programs, municipal contracted pro24 grams, solid waste collection companies, and 


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1 other entities providing services to the Pro2 gram; 

3 ‘‘(C) developing and providing outreach 

4 and education to the diverse ethnic populations 

5 of the United States through translated and 

6 culturally appropriate materials, including in7 language and targeted outreach; 

8 ‘‘(D) establishing consumer websites and 

9 mobile applications that provide information 

10 about methods to prevent covered product and 

11 beverage container pollution and how consumers 

12 may access and use collection services; 

13 ‘‘(E) working with Program participants to 

14 label covered products and beverage containers 

15 with information to assist consumers in respon16 sibly managing covered product and beverage 

17 container waste; and 

18 ‘‘(F) determining the effectiveness of out19 reach, education, communications, and conven20 ience of services through periodic surveys of 

21 consumers. 

22 ‘‘(c) EVALUATION.—If the Administrator determines 

23 that performance targets under section 12105(g) are not 

24 being met with respect to an Organization, the Organiza25 tion shall— 


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1 ‘‘(1) conduct an evaluation of the effectiveness 

2 of outreach and education efforts under this section 

3 to determine whether changes are necessary to im4 prove those outreach and education efforts; and 

5 ‘‘(2) develop information that may be used to 

6 improve outreach and education efforts under this 

7 section. 

8 ‘‘SEC. 12107. REPORTING. 

9 ‘‘(a) IN GENERAL.—An Organization shall annually 

10 make available on a publicly available website a report that 

11 contains— 

12 ‘‘(1) with respect to covered products or bev13 erages in beverage containers sold or imported by 

14 members of the Organization, a description of, at a 

15 minimum— 

16 ‘‘(A) the quantity of covered products or 

17 beverage containers sold or imported and col18 lected, by submaterial type and State, for the 

19 year covered by the report and each prior year; 

20 ‘‘(B) management of the covered products 

21 or beverage containers, including recycling 

22 rates, by submaterial type, for the year covered 

23 by the report and each prior year; 

24 ‘‘(C) data on the final destination and 

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1 erage containers, by submaterial type, including 

2 the form of any covered products or beverage 

3 containers exported; 

4 ‘‘(D) contamination in the recycling stream 

5 of the covered products or beverage containers; 

6 ‘‘(E) collection service vendors and collec7 tion locations, including— 

8 ‘‘(i) the geographic distribution of col9 lection; 

10 ‘‘(ii) distance to population centers; 

11 ‘‘(iii) hours; 

12 ‘‘(iv) actions taken to reduce barriers 

13 to collection by expanding curbside collec14 tion or facilitating drop-offs; and 

15 ‘‘(v) frequency of collection avail16 ability; and 

17 ‘‘(F) efforts to reduce environmental im18 pacts at each stage of the lifecycle of the cov19 ered products or beverage containers; 

20 ‘‘(2) the composition of the advisory committee 

21 for the Organization; 

22 ‘‘(3) expenses of the Organization; 

23 ‘‘(4) outreach and education efforts under sec24 tion 12106, including the results of those efforts; 

25 ‘‘(5) customer service efforts and results; 


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1 ‘‘(6) performance relative to the performance 

2 targets of the Plan under section 12105(g); 

3 ‘‘(7) the status of packaging innovation and de4 sign characteristics to prevent littering, make cov5 ered products or beverage containers reusable or re6 fillable, or reduce overall covered product and bev7 erage container waste; and 

8 ‘‘(8) any other information that the Adminis9 trator determines to be appropriate. 

10 ‘‘(b) CONSISTENCY.—Organizations shall make ef11 forts to coordinate reporting under subsection (a) to pro12 vide for consistency of information across a category of 

13 covered products or beverage containers. 

14 ‘‘(c) AUDITS.—Every 2 years, the Administrator shall 

15 conduct an audit of collection and recycling to provide an 

16 accounting of the collection and recycling of covered prod17 ucts and beverage containers that are not produced by a 

18 responsible party or an Organization. 

19 ‘‘(d) REDUCTIONS IN STATE AND LOCAL TAXES.— 

20 Not later than February 1, 2025, and annually thereafter, 

21 the Administrator shall prepare and make publicly avail22 able a report describing— 

23 ‘‘(1) the effect of this part on costs incurred by 

24 State and local governments for the management 


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1 and cleanup of covered products and beverage con2 tainers; and 

3 ‘‘(2) any reductions in State and local taxes as 

4 a result of any reductions of costs described in para5 graph (1). 

6 ‘‘PART II—REDUCTION OF SINGLE-USE 

7 PRODUCTS 

8 ‘‘SEC. 12201. PROHIBITION ON SINGLE-USE PLASTIC CARRY9 OUT BAGS. 

10 ‘‘(a) DEFINITION OF SINGLE-USE PLASTIC BAG.— 

11 In this section: 

12 ‘‘(1) IN GENERAL.—The term ‘single-use plastic 

13 bag’ means a bag that is— 

14 ‘‘(A) made of— 

15 ‘‘(i) plastic film; or 

16 ‘‘(ii) woven or nonwoven nylon, poly17 propylene, polyethylene-terephthalate, or 

18 Tyvek in a quantity less than 80 grams 

19 per square meter; and 

20 ‘‘(B) provided by a covered retail or service 

21 establishment to a customer at the point of 

22 sale, home delivery, the check stand, cash reg23 ister, or other point of departure to a customer 

24 for use to transport, deliver, or carry away pur25 chases. 


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1 ‘‘(2) EXCLUSIONS.—The term ‘single-use plas2 tic bag’ does not include a covered product that is— 

3 ‘‘(A) used by a consumer inside a store— 

4 ‘‘(i) to package bulk items, such as 

5 fruit, vegetables, nuts, grains, candy, un6 wrapped prepared foods or bakery goods, 

7 or small hardware items; or 

8 ‘‘(ii) to contain or wrap— 

9 ‘‘(I) prepackaged or non-pre10 packaged frozen foods, meat, or fish; 

11 or 

12 ‘‘(II) flowers, potted plants, or 

13 other items the dampness of which 

14 may require the use of the nonhandled 

15 bag; 

16 ‘‘(B) a bag sold at retail in packages con17 taining multiple bags intended to contain gar18 bage or pet waste; 

19 ‘‘(C) a newspaper bag; 

20 ‘‘(D) a door hanger bag; or 

21 ‘‘(E) a laundry or dry cleaning bag. 

22 ‘‘(b) PROHIBITION.—A covered retail or service es23 tablishment shall not provide at the point of sale a single24 use plastic bag to a customer. 

25 ‘‘(c) ENFORCEMENT.— 


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1 ‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO2 LATION.—If a covered retail or service establishment 

3 violates subsection (b), the Administrator shall pro4 vide that covered retail or service establishment with 

5 written notification regarding the violation of the re6 quirement under that subsection. 

7 ‘‘(2) SUBSEQUENT VIOLATIONS.— 

8 ‘‘(A) IN GENERAL.—If a covered retail or 

9 service establishment, subsequent to receiving a 

10 written notification described in paragraph (1), 

11 violates subsection (b), the Administrator shall 

12 fine the covered retail or service establishment 

13 in accordance with subparagraph (B). 

14 ‘‘(B) AMOUNT OF PENALTY.—For each 

15 violation during a calendar year, the amount of 

16 the penalty under subparagraph (A) shall be— 

17 ‘‘(i) in the case of the first violation, 

18 $250; 

19 ‘‘(ii) in the case of the second viola20 tion, $500; and 

21 ‘‘(iii) in the case of the third violation 

22 or any subsequent violation, $1,000. 

23 ‘‘(C) SEIZURE.—On a third violation or 

24 any subsequent violation under this paragraph 

25 by a covered retail or service establishment, the 


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1 Administrator may seize any single-use plastic 

2 bags in the possession of the covered retail or 

3 service establishment. 

4 ‘‘(D) LIMITATION.—In the case of a cov5 ered retail or service establishment the annual 

6 revenue of which is less than $1,000,000, a 

7 penalty shall not be imposed under this para8 graph more than once during any 7-day period. 

9 ‘‘(3) STATE ENFORCEMENT.—The Adminis10 trator may permit a State to carry out enforcement 

11 under this subsection if the Administrator deter12 mines that the State meets such requirements as the 

13 Administrator may establish. 

14 ‘‘(d) EFFECTIVE DATE.—The prohibition under this 

15 section shall take effect on January 1, 2022. 

16 ‘‘SEC. 12202. REDUCTION OF OTHER SINGLE-USE PROD17 UCTS. 

18 ‘‘(a) PROHIBITION ON PLASTIC UTENSILS AND PLAS19 TIC STRAWS.— 

20 ‘‘(1) UTENSILS.—A covered retail or service es21 tablishment may not use, provide, distribute, or sell 

22 a plastic utensil. 

23 ‘‘(2) PLASTIC STRAWS.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graphs (B) and (C), a covered retail or service 

3 establishment that sells food or beverages— 

4 ‘‘(i) except as provided in clause (ii), 

5 may not provide a plastic straw to a cus6 tomer; 

7 ‘‘(ii) shall provide a plastic straw to a 

8 customer who requests a plastic straw; 

9 ‘‘(iii) shall provide accessible means of 

10 communication, across all ordering plat11 forms used by the covered retail or service 

12 establishment (such as online, mobile, and 

13 in-person), for customers to request a plas14 tic straw; and 

15 ‘‘(iv) shall keep in stock plastic straws 

16 for customers who request plastic straws. 

17 ‘‘(B) EFFECTIVE FUNCTIONAL EQUIVA18 LENTS.—If the Administrator, in consultation 

19 with the National Council on Disability and ad20 vocates representing the disability and environ21 mental communities, determines that an effec22 tive functional equivalent to a plastic straw that 

23 can be recycled, composted, or disposed with 

24 minimal harm to the environment has been de25 veloped— 


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1 ‘‘(i) subparagraph (A) shall no longer 

2 apply; and 

3 ‘‘(ii) a covered retail or service estab4 lishment may not provide a plastic straw to 

5 a customer. 

6 ‘‘(C) EXCLUSION.—Subparagraph (A) 

7 shall not apply to the sale of plastic straws in 

8 bulk for home or personal use. 

9 ‘‘(3) NONPLASTIC ALTERNATIVES.—A covered 

10 retail or service establishment may provide, dis11 tribute, or sell a reusable, compostable, or recyclable 

12 alternative to a plastic utensil or plastic straw 

13 only— 

14 ‘‘(A) on request of a customer; and 

15 ‘‘(B) in the case of a compostable or recy16 clable alternative, if composting or recycling, as 

17 applicable, for the item is provided and locally 

18 accessible. 

19 ‘‘(b) PROHIBITION ON OTHER SINGLE-USE PROD20 UCTS.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graphs (3) and (4), a covered retail or service estab23 lishment may not sell or distribute any single-use 

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1 cyclable or compostable and can be replaced by a re2 usable or refillable item. 

3 ‘‘(2) INCLUSIONS.—In the prohibition under 

4 paragraph (1), the Administrator shall include— 

5 ‘‘(A) expanded polystyrene for use in food 

6 service products, disposable consumer coolers, 

7 or shipping packaging; 

8 ‘‘(B) single-use personal care products, 

9 such as miniature bottles containing shampoo, 

10 soap, and lotion that are provided at hotels or 

11 motels; 

12 ‘‘(C) noncompostable produce stickers; and 

13 ‘‘(D) such other products that the Admin14 istrator determines by regulation to be appro15 priate. 

16 ‘‘(3) EXCEPTION.—The prohibition under para17 graph (1) shall not apply to the sale or distribution 

18 of an expanded polystyrene cooler for medical use. 

19 ‘‘(4) TEMPORARY WAIVER.—The Administrator 

20 may grant a temporary waiver of not more than 1 

21 year from the prohibition under paragraph (1) for 

22 the use of expanded polystyrene in shipping pack23 aging to protect a product of high value if a viable 

24 alternative to expanded polystyrene is not available. 

25 ‘‘(c) ENFORCEMENT.— 


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1 ‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO2 LATION.—If a covered retail or service establishment 

3 violates subsection (a) or (b), the Administrator 

4 shall provide that covered retail or service establish5 ment with written notification regarding the viola6 tion of the requirement under that subsection. 

7 ‘‘(2) SUBSEQUENT VIOLATIONS.— 

8 ‘‘(A) IN GENERAL.—If any covered retail 

9 or service establishment, subsequent to receiv10 ing a written notification described in para11 graph (1), violates subsection (a) or (b), the 

12 Administrator shall fine the covered retail or 

13 service establishment in accordance with sub14 paragraph (B). 

15 ‘‘(B) AMOUNT OF PENALTY.—For each 

16 violation during a calendar year, the amount of 

17 the penalty under subparagraph (A) shall be— 

18 ‘‘(i) in the case of the first violation, 

19 $250; 

20 ‘‘(ii) in the case of the second viola21 tion, $500; and 

22 ‘‘(iii) in the case of the third violation 

23 or any subsequent violation, $1,000. 

24 ‘‘(C) SEIZURE.—On a third violation or 

25 any subsequent violation under this paragraph 


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1 by a covered retail or service establishment, the 

2 Administrator may seize any plastic products 

3 prohibited under subsection (a) or (b) that are 

4 in the possession of the covered retail or service 

5 establishment. 

6 ‘‘(D) LIMITATION.—In the case of a cov7 ered retail or service establishment the annual 

8 revenue of which is less than $1,000,000, a 

9 penalty shall not be imposed under this para10 graph more than once during any 7-day period. 

11 ‘‘(3) STATE ENFORCEMENT.—The Adminis12 trator may permit a State to carry out enforcement 

13 under this subsection if the Administrator deter14 mines that the State meets such requirements as the 

15 Administrator may establish. 

16 ‘‘(d) EFFECTIVE DATE.—The prohibition under this 

17 section shall take effect on January 1, 2022. 

18 ‘‘SEC. 12203. STUDY AND ACTION ON PLASTIC TOBACCO FIL19 TERS AND ELECTRONIC CIGARETTES. 

20 ‘‘(a) STUDY.—Not later than 2 years after the date 

21 of enactment of this subtitle, the Administrator, in con22 junction with the Commissioner of Food and Drugs and 

23 the Director of the National Institutes of Health, shall 

24 conduct a study on— 


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1 ‘‘(1) the environmental impacts and efficacy of 

2 tobacco filters made from plastic; and 

3 ‘‘(2) the environmental impacts of electronic 

4 cigarettes, including disposable components of elec5 tronic cigarettes. 

6 ‘‘(b) REPORT TO CONGRESS.— 

7 ‘‘(1) IN GENERAL.—Not later than 180 days 

8 after the date on which the study under subsection 

9 (a) is concluded, the Administrator, in conjunction 

10 with the Commissioner of Food and Drugs, shall 

11 submit to the committees described in paragraph (2) 

12 a report describing recommendations to establish a 

13 program to reduce litter from, and the environ14 mental impacts of, single-use tobacco filter products 

15 and electronic cigarettes. 

16 ‘‘(2) COMMITTEES.—The committees referred 

17 to in paragraph (1) are— 

18 ‘‘(A) the Committee on Health, Education, 

19 Labor, and Pensions of the Senate; 

20 ‘‘(B) the Committee on Environment and 

21 Public Works of the Senate; 

22 ‘‘(C) the Committee on Commerce, 

23 Science, and Transportation of the Senate; and 

24 ‘‘(D) the Committee on Energy and Com25 merce of the House of Representatives. 


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1 ‘‘(c) PUBLICATION.—On submission of the report 

2 under subsection (b)(1), the Administrator, in conjunction 

3 with the Commissioner of Food and Drugs, shall publish 

4 in the Federal Register for public comment— 

5 ‘‘(1) the report; and 

6 ‘‘(2) a description of the actions the Adminis7 trator and the Commissioner of Food and Drugs in8 tend to take during the 1-year period after the date 

9 of publication to reduce litter from, and the environ10 mental impacts of, single-use tobacco filter products 

11 and electronic cigarettes, including recommendations 

12 for incorporating plastic tobacco filters and elec13 tronic cigarette components into an extended pro14 ducer responsibility program. 

15 ‘‘PART III—RECYCLING AND COMPOSTING 

16 ‘‘SEC. 12301. RECYCLING AND COMPOSTING COLLECTION. 

17 ‘‘The Administrator, in consultation with Organiza18 tions, State and local governments, and affected stake19 holders, shall issue guidance to standardize recycling and 

20 composting collection across communities and States. 

21 ‘‘SEC. 12302. REQUIREMENTS FOR THE PRODUCTION OF 

22 PRODUCTS CONTAINING RECYCLED CON23 TENT. 

24 ‘‘(a) PLASTIC BEVERAGE CONTAINERS.— 


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

2 the Administrator shall require each responsible 

3 party for plastic beverage containers to make the 

4 plastic beverage containers— 

5 ‘‘(A) by 2025, of 25 percent post-consumer 

6 recycled content from United States sources; 

7 ‘‘(B) by 2030, of 30 percent post-consumer 

8 recycled content from United States sources; 

9 ‘‘(C) by 2035, of 50 percent post-consumer 

10 recycled content from United States sources; 

11 ‘‘(D) by 2040, of 80 percent post-consumer 

12 recycled content from United States sources; 

13 and 

14 ‘‘(E) by such dates thereafter as the Ad15 ministrator shall establish, such percentages of 

16 post-consumer recycled content from United 

17 States sources as the Administrator determines 

18 by a rule to be appropriate. 

19 ‘‘(2) ADJUSTMENT.—After consideration of the 

20 results of the study under subsection (b)(1), the Ad21 ministrator may issue regulations to modify one or 

22 more of the percentages described in subparagraphs 

23 (A) through (D) of paragraph (1). 

24 ‘‘(b) OTHER COVERED PRODUCTS AND BEVERAGE

25 CONTAINERS.— 


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1 ‘‘(1) STUDY.—The Administrator, in coordina2 tion with the Director of the National Institute of 

3 Standards and Technology, the Commissioner of 

4 Food and Drugs, and the head of any other relevant 

5 Federal agency, shall carry out a study to determine 

6 the technical and safe minimum post-consumer recy7 cled content requirements for covered products and 

8 beverage containers, including beverage containers 

9 composed of glass, aluminum, and other materials. 

10 ‘‘(2) REPORT.— 

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

12 after the date of enactment of this subtitle, the 

13 Administrator shall submit to Congress a report 

14 describing the results of the study under para15 graph (1), including— 

16 ‘‘(i) an estimate of the current and 

17 projected consumption of covered products 

18 and use of beverage containers in the 

19 United States; 

20 ‘‘(ii) an estimate of current and pro21 jected future recycling rates of covered 

22 products and beverage containers in the 

23 United States; 

24 ‘‘(iii) an assessment of techniques and 

25 recommendations to minimize the creation 


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1 of new materials for covered products and 

2 beverage containers; and 

3 ‘‘(iv) an assessment of— 

4 ‘‘(I) post-consumer recycled con5 tent standards for covered products 

6 and beverage containers that are tech7 nologically feasible; and 

8 ‘‘(II) the impact of the standards 

9 described in subclause (I) on recycling 

10 rates of covered products and bev11 erage containers. 

12 ‘‘(B) PUBLICATION.—On submission of the 

13 report under subparagraph (A) to Congress, the 

14 Administrator shall publish in the Federal Reg15 ister for public comment— 

16 ‘‘(i) the report; and 

17 ‘‘(ii) a description of the actions the 

18 Administrator intends to take during the 

19 1-year period after the date of publication 

20 in the Federal Register to establish min21 imum post-consumer recycled content 

22 standards for covered products and bev23 erage containers. 

24 ‘‘(3) MINIMUM STANDARDS.— 


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

2 after the Administrator publishes the report 

3 under paragraph (2)(B), the Administrator 

4 shall establish minimum post-consumer recycled 

5 content standards for covered products and bev6 erage containers. 

7 ‘‘(B) REQUIREMENT.—The standards es8 tablished under subparagraph (A) shall increase 

9 the percentage by which covered products and 

10 beverage containers shall be composed of post11 consumer recycled content over a time period 

12 established by the Administrator. 

13 ‘‘SEC. 12303. DESIGNING FOR THE ENVIRONMENT. 

14 ‘‘(a) IN GENERAL.—The Administrator shall require 

15 each responsible party of covered products and beverage 

16 containers to design the covered products and beverage 

17 containers to minimize the environmental and health im18 pacts of the covered products and beverage containers. 

19 ‘‘(b) REQUIREMENTS.—In designing covered prod20 ucts and beverage containers in accordance with sub21 section (a), to minimize the impacts of extraction, manu22 facture, use, and end-of-life management, a responsible 

23 party shall consider— 

24 ‘‘(1) eliminating or reducing the quantity of 

25 material used; 


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1 ‘‘(2) eliminating toxic substances; 

2 ‘‘(3) designing for reuse, refill, and lifespan ex3 tension; 

4 ‘‘(4) incorporating recycled materials; 

5 ‘‘(5) designing to reduce environmental impacts 

6 across the lifecycle of a product; 

7 ‘‘(6) incorporating sustainably and renewably 

8 sourced material; 

9 ‘‘(7) optimizing material to use the minimum 

10 quantity of packaging necessary to effectively deliver 

11 a product without damage or spoilage; 

12 ‘‘(8) degradability of materials in cold-water en13 vironments; and 

14 ‘‘(9) improving recyclability and compostability. 

15 ‘‘SEC. 12304. PRODUCT LABELING. 

16 ‘‘(a) IN GENERAL.—A responsible party shall include 

17 labels on covered products and beverage containers that— 

18 ‘‘(1) are easy to read; 

19 ‘‘(2) indicate that the covered product or bev20 erage container is— 

21 ‘‘(A) recyclable; 

22 ‘‘(B) not recyclable; 

23 ‘‘(C) compostable; or 

24 ‘‘(D) reusable; 


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1 ‘‘(3) in the case of a covered product or bev2 erage container that is not recyclable, does not in3 clude the universal chasing arrows recycling symbol 

4 or any other similar symbol that would lead a con5 sumer to believe that the item should be sorted for 

6 recycling; 

7 ‘‘(4) in the case of a plastic bag that is not 

8 compostable, is not tinted green or brown; 

9 ‘‘(5) in the case of a compostable bag, is tinted 

10 green or brown and includes information identifying 

11 the entity designated by the Administrator that has 

12 certified that the product is compostable; and 

13 ‘‘(6) in the case of a covered product or bev14 erage container that is compostable, includes a green 

15 or brown stripe or similar marking to identify that 

16 the item is compostable. 

17 ‘‘(b) STANDARDIZED LABELS.—The Administrator 

18 shall establish or approve a standardized label for each 

19 category of covered product and beverage container to be 

20 used by responsible parties under subsection (a). 

21 ‘‘(c) REQUIREMENT.—A label described in subsection 

22 (a), including a shrink sleeve— 

23 ‘‘(1) shall be compatible with the intended 

24 method of discard for the covered product or bev25 erage container; and 


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1 ‘‘(2) shall not require removal by consumers. 

2 ‘‘(d) COMPATIBILITY.—The Administrator shall en3 courage label manufacturers, in coordination with the sup4 ply chains of those manufacturers, including substrate 

5 suppliers, converters, and ink suppliers, to work with the 

6 recycling industry to address label recycling compatibility 

7 challenges. 

8 ‘‘(e) WET WIPES.—With respect to the label de9 scribed in subsection (a) for a wet wipe product— 

10 ‘‘(1) in the case of a wet wipe product sold in 

11 the United States that is intended to be disposed of 

12 in the solid waste stream, the label shall include— 

13 ‘‘(A) on the front of the package near the 

14 dispensing point, the statement ‘Do Not Flush’; 

15 and 

16 ‘‘(B) in high contrast font and color, a ‘Do 

17 Not Flush’ moniker and symbol that is other18 wise in accordance with the voluntary guidelines 

19 for labeling practices of the nonwoven fabrics 

20 industry contained in the Code of Practice of 

21 the Association of the Nonwoven Fabrics Indus22 try and the European Disposables and 

23 Nonwovens Association, entitled ‘Commu24 nicating Appropriate Disposal Pathways for 

25 Nonwoven Wipes to Protect Wastewater SysVerDate Sep 11 2014 22:38 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S3944.IS S3944

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1 tems’, second edition, as published in April 

2 2017; 

3 ‘‘(2) in the case of a wet wipe product sold in 

4 the United States that is labeled with a claim that 

5 the product is ‘flushable’, ‘sewer and septic safe’, or 

6 any other claim that indicates that the product is in7 tended to be disposed of in a sewer or septic sys8 tem— 

9 ‘‘(A) the label may include the statement 

10 ‘flushable’, ‘sewer and septic safe’, or other 

11 statement that the product is intended to be 

12 disposed of in a sewer or septic system if the 

13 product— 

14 ‘‘(i) meets the performance standards 

15 for dispersibility in a sewer system or sep16 tic system established by the International 

17 Water Services Flushability Group (as in 

18 effect on the date of enactment of this sub19 title); and 

20 ‘‘(ii) does not contain chemicals or ad21 ditives harmful to the public wastewater 

22 infrastructure; and 

23 ‘‘(3) in the case of a wet wipe product that is 

24 composed of plastic or other synthetic material, in25 cluding regenerated cellulosic fibers— 


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1 ‘‘(A) the label, marketing claims, or other 

2 advertisements for the product may not identify 

3 the product as intended for disposal in a sewer 

4 or septic system; and 

5 ‘‘(B) the label shall clearly and conspicu6 ously state that the product contains plastic or 

7 other synthetic material. 

8 ‘‘SEC. 12305. RECYCLING AND COMPOSTING RECEPTACLE 

9 LABELING. 

10 ‘‘(a) PURPOSE.—The purpose of this section is to es11 tablish guidelines for a national standardized labeling sys12 tem for the development of labels for recycling and 

13 composting receptacles that use a methodology that is con14 sistent throughout the United States to assist members 

15 of the public in properly recycling and composting. 

16 ‘‘(b) DEFINITIONS.—In this section: 

17 ‘‘(1) PUBLIC SPACE.—The term ‘public space’ 

18 means a business, an airport, a school, a stadium, 

19 a government office, a park, and any other public 

20 space, as determined by the Administrator. 

21 ‘‘(2) RECYCLING OR COMPOSTING RECEP22 TACLE.—The term ‘recycling or composting recep23 tacle’ means a recycling or composing bin, cart, or 

24 dumpster. 


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1 ‘‘(3) RESIDENTIAL RECYCLING AND

2 COMPOSTING PROGRAM.—The term ‘residential recy3 cling and composting program’ means a recycling 

4 and composting program that services single family 

5 dwellings, multifamily dwellings or facilities, or both. 

6 ‘‘(c) GUIDELINES.—The Administrator shall develop 

7 and publish guidelines for a national standardized labeling 

8 system for an Organization to use to develop labels that— 

9 ‘‘(1) use a national standardized methodology 

10 of colors, images, format, and terminology, including 

11 to address diverse ethnic populations; 

12 ‘‘(2) shall be placed on recycling and compost13 ing receptacles in public spaces and the service area 

14 of the Organization in accordance with paragraphs 

15 (1)(D) and (2) of subsection (e); and 

16 ‘‘(3) communicate to users of those recycling 

17 and composting receptacles— 

18 ‘‘(A) the specific recyclables and compost19 ables that the Organization accepts; and 

20 ‘‘(B) the specific rules of sorting for that 

21 Organization. 

22 ‘‘(d) DEVELOPMENT OF LABELS.— 

23 ‘‘(1) IN GENERAL.—Each Organization in the 

24 United States shall, in accordance with the guide25 lines published under subsection (c), use the national 


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1 standardized labeling system to develop labels for 

2 use on recycling and composting receptacles in pub3 lic spaces and the service area of the Organization 

4 to communicate to users of those recycling and 

5 composting receptacles— 

6 ‘‘(A) the specific recyclables and compost7 ables that the Organization accepts; and 

8 ‘‘(B) the specific rules of sorting for that 

9 Organization. 

10 ‘‘(2) SIMPLE AND DETAILED VERSIONS.—In de11 veloping labels under paragraph (1), an Organiza12 tion shall develop— 

13 ‘‘(A) a simple version of the label for use 

14 on recycling and composting receptacles used in 

15 public spaces, which shall list the basic 

16 recyclables and compostables that the Organiza17 tion accepts; and 

18 ‘‘(B) a detailed version of the label for use 

19 on recycling and composting receptacles used as 

20 part of a residential recycling and composting 

21 program, taking into consideration the com22 plexity of the packaging and products disposed 

23 of by single family dwellings and multifamily 

24 dwellings and facilities. 

25 ‘‘(e) DISTRIBUTION OF LABELS.— 


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1 ‘‘(1) SIMPLE VERSION.— 

2 ‘‘(A) IN GENERAL.—An Organization shall 

3 distribute the simple version of the label devel4 oped by that Organization under subsection 

5 (d)(2)(A) to each customer of that Organization 

6 that owns or operates a public space in the 

7 service area of the Organization. 

8 ‘‘(B) QUANTITY.—The quantity of labels 

9 distributed to an owner or operator of a public 

10 space under subparagraph (A) shall be reason11 ably sufficient to ensure that a label may be 

12 placed on each recycling and composting recep13 tacle in that public space. 

14 ‘‘(C) ADDITIONAL LABELS.—If the quan15 tity of labels distributed under subparagraph 

16 (B) is insufficient, an Organization shall make 

17 available to owners and operators described in 

18 subparagraph (A) additional labels to purchase 

19 or download. 

20 ‘‘(D) REQUIREMENT OF OWNERS AND OP21 ERATORS.—An owner or operator of a public 

22 space that receives labels under subparagraph 

23 (A) shall display the labels on the recycling and 

24 composting receptacles in that public space. 


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1 ‘‘(2) DETAILED VERSION.—An Organization or 

2 municipality, as applicable, that services a residen3 tial recycling and composting program in the area 

4 served by an Organization shall display a detailed 

5 standardized label developed by that Organization 

6 under subsection (d)(2)(B) on each recycling and 

7 composting receptacle used by the residential recy8 cling and composting program. 

9 ‘‘SEC. 12306. PROHIBITION ON CERTAIN EXPORTS OF 

10 WASTE. 

11 ‘‘No person may export from the United States plas12 tic waste, plastic parings, or scraps of plastic— 

13 ‘‘(1) to a country that is not a member of the 

14 Organization for Economic Cooperation and Devel15 opment; 

16 ‘‘(2) without the prior informed consent of the 

17 relevant authorities in a receiving country that is a 

18 member of the Organization for Economic Coopera19 tion and Development, if those exports— 

20 ‘‘(A) are not of a single, nonhalogenated 

21 plastic polymer; or 

22 ‘‘(B) are contaminated with greater than 

23 0.5 percent of— 

24 ‘‘(i) other plastics; or 

25 ‘‘(ii) other materials, including— 


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1 ‘‘(I) labels, adhesives, varnishes, 

2 waxes, inks, and paints; and 

3 ‘‘(II) composite materials mixing 

4 plastics with nonplastic materials; or 

5 ‘‘(3) that are contaminated with hazardous 

6 chemicals, toxic substances, or substances to the ex7 tent that the export becomes hazardous waste. 

8 ‘‘PART IV—LOCAL GOVERNMENT EFFORTS 

9 ‘‘SEC. 12401. PROTECTION OF LOCAL GOVERNMENTS. 

10 ‘‘Nothing in this subtitle preempts any State or local 

11 law in effect on or after the date of enactment of this sub12 title that— 

13 ‘‘(1) requires the collection and recycling of 

14 recyclables in a greater quantity than required under 

15 section 12105(g); 

16 ‘‘(2) prohibits the sale or distribution of prod17 ucts that are not prohibited under part II; 

18 ‘‘(3) requires products to be made of a greater 

19 percentage of post-consumer recycled content than 

20 required under section 12302; 

21 ‘‘(4) imposes a fee or other charge for products; 

22 or 

23 ‘‘(5) in any way exceeds the requirements of 

24 this subtitle. 


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1 ‘‘SEC. 12402. CLEAN COMMUNITIES PROGRAM. 

2 ‘‘The Administrator shall establish a program, to be 

3 known as the ‘Clean Communities Program’, under which 

4 the Administrator shall leverage smart technology and so5 cial media to provide technical assistance to units of local 

6 government of States in cost-effectively— 

7 ‘‘(1) identifying concentrated areas of pollution 

8 in that unit of local government; and 

9 ‘‘(2) implementing source reduction solutions. 

10 ‘‘PART V—FISHING GEAR 

11 ‘‘SEC. 12501. STUDY AND ACTION ON DERELICT FISHING 

12 GEAR. 

13 ‘‘(a) REPORT.—Not later than 2 years after the date 

14 of enactment of this subtitle, the Under Secretary of Com15 merce for Oceans and Atmosphere (referred to in this sec16 tion as the ‘Under Secretary’) shall submit to the Com17 mittee on Commerce, Science, and Transportation and the 

18 Committee on Environment and Public Works of the Sen19 ate and the Committee on Natural Resources of the House 

20 of Representatives a report that includes— 

21 ‘‘(1) an analysis of the scale of fishing gear 

22 losses by United States and foreign fisheries, includ23 ing— 

24 ‘‘(A) the variance in the quantity of gear 

25 lost among— 

26 ‘‘(i) domestic and foreign fisheries; 


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1 ‘‘(ii) types of fishing gear; and 

2 ‘‘(iii) methods of fishing; 

3 ‘‘(B) the means by which lost fishing gear 

4 is transported by ocean currents; and 

5 ‘‘(C) common reasons that fishing gear is 

6 lost; 

7 ‘‘(2) an evaluation of the ecological, human 

8 health, and maritime safety impacts of derelict fish9 ing gear, and how those impacts vary across— 

10 ‘‘(A) types of fishing gear; 

11 ‘‘(B) materials used to construct fishing 

12 gear; and 

13 ‘‘(C) geographic location; 

14 ‘‘(3) recommendations on management meas15 ures— 

16 ‘‘(A) to prevent fishing gear losses; and 

17 ‘‘(B) to reduce the impacts of lost fishing 

18 gear; 

19 ‘‘(4) an assessment of the cost of implementing 

20 management measures described in paragraph (3); 

21 and 

22 ‘‘(5) an assessment of the impact of fishing 

23 gear loss attributable to foreign countries. 


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1 ‘‘(b) PUBLICATION.—On submission of the report 

2 under subsection (a), the Under Secretary shall publish 

3 in the Federal Register for public comment— 

4 ‘‘(1) the report; and 

5 ‘‘(2) a description of the actions the Under Sec6 retary intends to take during the 1-year period after 

7 the date of publication to reduce litter from, and the 

8 environmental impacts of, commercial fishing gear.’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 for the Solid Waste Disposal Act (Public Law 89–272; 79 

11 Stat. 997) is amended by inserting after the item relating 

12 to section 11011 the following: 

‘‘Subtitle K—Producer Responsibility for Products and Packaging 

‘‘Sec. 12001. Definitions. 

‘‘PART I—PRODUCTS IN THE MARKETPLACE

‘‘Sec. 12101. Extended producer responsibility. 

‘‘Sec. 12102. Producer Responsibility Organizations. 

‘‘Sec. 12103. Covered product management. 

‘‘Sec. 12104. National beverage container program. 

‘‘Sec. 12105. Product Stewardship Plans. 

‘‘Sec. 12106. Outreach and education. 

‘‘Sec. 12107. Reporting. 

‘‘PART II—REDUCTION OF SINGLE-USE PRODUCTS

‘‘Sec. 12201. Prohibition on single-use plastic carryout bags. 

‘‘Sec. 12202. Reduction of other single-use products. 

‘‘Sec. 12203. Study and action on plastic tobacco filters and electronic cigarettes. 

‘‘PART III—RECYCLING AND COMPOSTING

‘‘Sec. 12301. Recycling and composting collection. 

‘‘Sec. 12302. Requirements for the production of products containing recycled 

content. 

‘‘Sec. 12303. Designing for the environment. 

‘‘Sec. 12304. Product labeling. 

‘‘Sec. 12305. Recycling and composting receptacle labeling. 

‘‘Sec. 12306. Prohibition on certain exports of waste. 


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‘‘PART IV—LOCAL GOVERNMENT EFFORTS

‘‘Sec. 12401. Protection of local governments. 

‘‘Sec. 12402. Clean Communities Program. 

‘‘PART V—FISHING GEAR

‘‘Sec. 12501. Study and action on derelict fishing gear.’’. 

1 SEC. 3. CLEAN AIR, CLEAN WATER, AND ENVIRONMENTAL 

2 JUSTICE. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Environ6 mental Protection Agency. 

7 (2) COVERED FACILITY.—The term ‘‘covered 

8 facility’’ means— 

9 (A) an industrial facility that transforms 

10 natural gas liquids into ethylene and propylene 

11 for later conversion into plastic polymers; 

12 (B) a plastic polymerization or polymer 

13 production facility; and 

14 (C) an industrial facility that repolymerizes 

15 plastic polymers into chemical feedstocks for 

16 use in new products or as fuel. 

17 (3) COVERED PRODUCTS.—The term ‘‘covered 

18 plastic’’ means— 

19 (A) ethylene; 

20 (B) propylene; 

21 (C) polyethylene in any form (including 

22 pellets, resin, nurdle, powder, and flakes); 


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1 (D) polypropylene in any form (including 

2 pellets, resin, nurdle, powder, and flakes); 

3 (E) polyvinyl chloride in any form (includ4 ing pellets, resin, nurdle, powder, and flakes); 

5 or 

6 (F) other plastic polymer raw materials in 

7 any form (including pellets, resin, nurdle, pow8 der, and flakes). 

9 (4) ENVIRONMENTAL JUSTICE.—The term ‘‘en10 vironmental justice’’ means the fair treatment and 

11 meaningful involvement of all individuals, regardless 

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

13 income, with respect to the development, implemen14 tation, and enforcement of environmental laws, regu15 lations, and policies to ensure that— 

16 (A) communities of color, indigenous com17 munities, and low-income communities have ac18 cess to public information and opportunities for 

19 meaningful public participation with respect to 

20 human health and environmental planning, reg21 ulations, and enforcement; 

22 (B) no community of color, indigenous 

23 community, or low-income community is ex24 posed to a disproportionate burden of the nega25 tive human health and environmental impacts 


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1 of pollution or other environmental hazards; 

2 and 

3 (C) the 17 principles described in the docu4 ment entitled ‘‘The Principles of Environmental 

5 Justice’’, written and adopted at the First Na6 tional People of Color Environmental Leader7 ship Summit held on October 24 through 27, 

8 1991, in Washington, DC, are upheld. 

9 (5) FENCELINE MONITORING.—The term 

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

11 monitoring of ambient air quality around the entire 

12 perimeter of a facility. 

13 (6) FRONTLINE COMMUNITY.— 

14 (A) IN GENERAL.—The term ‘‘frontline 

15 community’’ means a community located near a 

16 covered facility that has experienced systemic 

17 socioeconomic disparities or other forms of in18 justice. 

19 (B) INCLUSIONS.—The term ‘‘frontline 

20 community’’ includes a low-income community, 

21 a community that includes indigenous peoples, 

22 and a community of color. 

23 (7) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Army, acting through the Chief 

25 of Engineers. 


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1 (8) SINGLE-USE PLASTIC.— 

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

3 plastic’’ means a plastic product or packaging 

4 that is routinely disposed of, recycled, or other5 wise discarded after a single use. 

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

7 plastic’’ does not include— 

8 (i) medical food, supplements, devices, 

9 or other products determined by the Sec10 retary of Health and Human Services to 

11 necessarily be made of plastic for the pro12 tection of public health; or 

13 (ii) packaging that is— 

14 (I) for any product described in 

15 clause (i); or 

16 (II) used for the shipment of 

17 hazardous materials that is prohibited 

18 from being composed of used mate19 rials under section 178.509 or section 

20 178.522 of title 49, Code of Federal 

21 Regulations (as in effect on the date 

22 of enactment of this Act). 

23 (9) TEMPORARY PAUSE PERIOD.—The term 

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


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1 (A) beginning on the date of enactment of 

2 this Act; and 

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

4 date on which all regulations required under 

5 subsections (d) and (e) are in effect. 

6 (10) ZERO-EMISSIONS ENERGY.—The term 

7 ‘‘zero-emissions energy’’ means renewable energy the 

8 production of which emits no greenhouse gases at 

9 the production source. 

10 (b) TEMPORARY PAUSE.—During the temporary 

11 pause period, notwithstanding any other provision of 

12 law— 

13 (1) the Administrator shall not issue a new per14 mit for a covered facility under— 

15 (A) the Clean Air Act (42 U.S.C. 7401 et 

16 seq.); or 

17 (B) the Federal Water Pollution Control 

18 Act (33 U.S.C. 1251 et seq.); 

19 (2) the Secretary shall not issue a new permit 

20 for a covered facility under section 404 of the Fed21 eral Water Pollution Control Act (33 U.S.C. 1344); 

22 (3) the Administrator shall object in writing 

23 under subsections (b) and (c) of section 505 of the 

24 Clean Air Act (42 U.S.C. 7661d) or section 

25 402(d)(2) of the Federal Water Pollution Control 


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1 Act (33 U.S.C. 1342(d)(2)), as applicable, to any 

2 new permit issued to a covered facility by a State 

3 agency delegated authority under the Clean Air Act 

4 (42 U.S.C. 7401 et seq.) or the Federal Water Pol5 lution Control Act (33 U.S.C. 1251 et seq.); and 

6 (4) subject to subsection (g), the export of cov7 ered products is prohibited. 

8 (c) STUDY.— 

9 (1) IN GENERAL.— 

10 (A) AGREEMENT.—The Administrator 

11 shall offer to enter into an agreement with the 

12 National Academy of Sciences and the National 

13 Institutes of Health to conduct a study of— 

14 (i) the existing and planned expansion 

15 of the industry of the producers of covered 

16 products, including the entire supply chain, 

17 end uses, disposal fate, and lifecycle im18 pacts of covered products; 

19 (ii) the environmental justice and pol20 lution impacts of covered facilities and the 

21 products of covered facilities; 

22 (iii) the existing standard technologies 

23 and practices of covered facilities with re24 spect to the discharge and emission of pol25 lutants into the environment; and 


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1 (iv) the best available technologies 

2 and practices that reduce or eliminate the 

3 environmental justice and pollution im4 pacts of covered facilities and the products 

5 of covered facilities. 

6 (B) FAILURE TO ENTER AGREEMENT.—If 

7 the Administrator fails to enter into an agree8 ment described in subparagraph (A), the Ad9 ministrator shall conduct the study described in 

10 that subparagraph. 

11 (2) REQUIREMENTS.—The study under para12 graph (1) shall— 

13 (A) consider— 

14 (i) the direct, indirect, and cumulative 

15 environmental impacts of the industries of 

16 covered facilities to date; and 

17 (ii) the impacts of the planned expan18 sion of those industries, including local, re19 gional, national, and international air, 

20 water, waste, climate change, public health, 

21 and environmental justice impacts of those 

22 industries; and 

23 (B) recommend technologies, standards, 

24 and practices to remediate or eliminate the 

25 local, regional, national, and international air, 


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1 water, waste, climate change, public health, and 

2 environmental justice impacts of covered facili3 ties and the industries of covered facilities. 

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

5 the date of enactment of this Act, the Administrator 

6 shall submit to Congress a report describing the re7 sults of the study under paragraph (1). 

8 (d) CLEAN AIR.— 

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

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

12 the fifth sentence. 

13 (2) NATIONAL SOURCE PERFORMANCE STAND14 ARDS IMPLEMENTATION IMPROVEMENTS.— 

15 (A) ZERO-EMISSIONS ENERGY.—Not later 

16 than 3 years after the date of enactment of this 

17 Act, the Administrator shall promulgate a final 

18 rule requiring that— 

19 (i) covered facilities that manufacture 

20 olefins, including ethylene and propylene, 

21 use only zero-emissions energy sources, ex22 cept to the extent that waste gases are re23 cycled; and 

24 (ii) covered facilities that manufacture 

25 low-density polyethylene, linear low-density 


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1 polyethylene, high-density polyethylene, 

2 styrene, vinyl chloride, or synthetic organic 

3 fibers use only zero-emissions energy 

4 sources, except to the extent that waste 

5 gases are recycled, unless the Adminis6 trator— 

7 (I) determines that under certain 

8 conditions (such as during the com9 mencement or shut down of produc10 tion at a covered facility), expendi11 tures of energy that are not from 

12 zero-emissions energy sources are re13 quired; and 

14 (II) publishes the determination 

15 under subclause (I) and a proposed 

16 mixture of zero-emissions energy and 

17 non-zero-emissions energy for those 

18 conditions in a rulemaking. 

19 (B) NEW SOURCE PERFORMANCE STAND20 ARDS FOR CERTAIN FACILITIES.—Not later 

21 than 3 years after the date of enactment of this 

22 Act, the Administrator shall promulgate a final 

23 rule— 

24 (i) designating ethylene, propylene, 

25 polyethylene, and polypropylene production 


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1 facilities as a category of stationary source 

2 under section 111(b)(1)(A) of the Clean 

3 Air Act (42 U.S.C. 7411(b)(1)(A)); and 

4 (ii) establishing new source perform5 ance standards for the category of sta6 tionary source designated under clause (i) 

7 under section 111(f)(1) of the Clean Air 

8 Act (42 U.S.C. 7411(f)(1)). 

9 (C) STORAGE VESSELS FOR COVERED

10 PRODUCTS.—Not later than 3 years after the 

11 date of enactment of this Act, the Adminis12 trator shall promulgate a final rule modifying 

13 section 60.112b(a) of title 40, Code of Federal 

14 Regulations (as in effect on the date of enact15 ment of this Act), to ensure that an owner or 

16 operator of a storage vessel containing liquid 

17 with a vapor pressure of equal to or more than 

18 5 millimeters of mercury under actual storage 

19 conditions that is regulated under that section 

20 uses— 

21 (i) an internal floating roof tank con22 nected to a volatile organic compound con23 trol device; or 

24 (ii) a fixed-roof tank connected to a 

25 volatile organic compound control device. 


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1 (D) FLARING.—Not later than 30 days 

2 after the date of enactment of this Act, the Ad3 ministrator shall promulgate a final rule— 

4 (i) modifying title 40, Code of Federal 

5 Regulations (as in effect on the date of en6 actment of this Act), to ensure that flar7 ing, either at ground-level or elevated, shall 

8 only be permitted when necessary solely for 

9 safety reasons; and 

10 (ii) modifying sections 

11 60.112b(a)(3)(ii), 60.115b(d)(1), 60.482– 

12 10a(d), 60.662(b), 60.702(b), and 60.562– 

13 1(a)(1)(i)(C) of title 40, Code of Federal 

14 Regulations (as in effect on the date of en15 actment of this Act), to ensure that— 

16 (I) references to flare standards 

17 under those sections refer to the flare 

18 standards established under clause (i); 

19 and 

20 (II) the flare standards under 

21 those sections are, without exception, 

22 continuously applied. 

23 (E) SOCMI EQUIPMENT LEAKS.—Not 

24 later than 3 years after the date of enactment 


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1 of this Act, the Administrator shall promulgate 

2 a final rule— 

3 (i) modifying section 60.482–1a of 

4 title 40, Code of Federal Regulations (as 

5 in effect on the date of enactment of this 

6 Act), to ensure that, whenever possible, 

7 owners and operators use process units 

8 and components with a leak-less or seal9 less design; 

10 (ii) modifying section 60.482–1a(f) of 

11 title 40, Code of Federal Regulations (as 

12 in effect on the date of enactment of this 

13 Act), to ensure that owners and operators 

14 use optical gas imaging monitoring pursu15 ant to section 60.5397a of title 40, Code of 

16 Federal Regulations (as in effect on the 

17 date of enactment of this Act), on a quar18 terly basis, unless the owner or operator 

19 receives approval from the Administrator 

20 in writing to use Method 21 of the Envi21 ronmental Protection Agency (as described 

22 in appendix A–7 of part 60 of title 40, 

23 Code of Federal Regulations (as in effect 

24 on the date of enactment of this Act)) with 

25 a repair threshold of 500 parts per million; 


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1 (iii) modifying 60.482–6a of title 40, 

2 Code of Federal Regulations (as in effect 

3 on the date of enactment of this Act), to 

4 ensure that the use of open-ended valves or 

5 lines is prohibited except if a showing is 

6 made that the use of an open-ended valve 

7 or line is necessary for safety reasons; and 

8 (iv) modifying subpart VVa of part 60 

9 of title 40, Code of Federal Regulations 

10 (as in effect on the date of enactment of 

11 this Act), to ensure that— 

12 (I) the term ‘‘no detectable emis13 sions’’ is defined to mean an instru14 ment reading of less than 50 parts 

15 per million above background con16 centrations; and 

17 (II) the term ‘‘leak’’ is defined to 

18 mean an instrument reading of great19 er than or equal to 50 parts per mil20 lion above background concentrations. 

21 (F) NATURAL-GAS FIRED STEAM BOIL22 ERS.—Not later than 3 years after the date of 

23 enactment of this Act, the Administrator shall 

24 promulgate a final rule revising subpart Db of 

25 part 60 of title 40, Code of Federal Regulations 


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1 (as in effect on the date of enactment of this 

2 Act), to ensure that boilers or heaters located 

3 at an affected covered facility regulated under 

4 that subpart may only burn gaseous fuels, not 

5 solid fuels or liquid fuels. 

6 (G) MONITORING.—Not later than 3 years 

7 after the date of enactment of this Act, the Ad8 ministrator shall promulgate a final rule revis9 ing subparts DDD, NNN, RRR, and other rel10 evant subparts of part 60 of title 40, Code of 

11 Federal Regulations (as in effect on the date of 

12 enactment of this Act)— 

13 (i) to require continuous emissions 

14 monitoring of nitrogen oxides, sulfur diox15 ide, carbon monoxide, and filterable partic16 ulate matter for all combustion devices ex17 cept for non-enclosed flares, including dur18 ing startups, shutdowns, and malfunctions 

19 of the facilities regulated by those sub20 parts; 

21 (ii) to require— 

22 (I) accurate and continuous rec23 ordkeeping when continuous moni24 toring is required under clause (i); 

25 and 


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1 (II) the records required under 

2 subclause (I) to be made available to 

3 the public; and 

4 (iii) to require fenceline monitoring 

5 under section 63.658 of title 40, Code of 

6 Federal Regulations (as in effect on the 

7 date of enactment of this Act), for nitrogen 

8 oxides, sulfur dioxide, carbon monoxide, fil9 terable and condensable particulate matter, 

10 and all other relevant hazardous air pollut11 ants. 

12 (3) NATIONAL EMISSION STANDARDS FOR HAZ13 ARDOUS AIR POLLUTANTS IMPLEMENTATION IM14 PROVEMENTS.— 

15 (A) EQUIPMENT LEAKS OF BENZENE.— 

16 Not later than 3 years after the date of enact17 ment of this Act, the Administrator shall pro18 mulgate a final rule modifying section 61.112 

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

20 effect on the date of enactment of this Act), 

21 that strikes subsection (c). 

22 (B) BENZENE WASTE OPERATIONS.—Not 

23 later than 3 years after the date of enactment 

24 of this Act, the Administrator shall promulgate 

25 a final rule modifying subpart FF of part 61 of 


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1 title 40, Code of Federal Regulations (as in ef2 fect on the date of enactment of this Act), to 

3 ensure that— 

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

5 is defined to mean an instrument reading 

6 of less than 50 parts per million above 

7 background concentrations; and 

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

9 mean an instrument reading of greater 

10 than or equal to 50 parts per million above 

11 background concentrations. 

12 (C) MAXIMUM ACHIEVABLE CONTROL

13 TECHNOLOGY STANDARDS FOR COVERED FA14 CILITIES.—Not later than 3 years after the 

15 date of enactment of this Act, the Adminis16 trator shall— 

17 (i) promulgate a final rule modifying 

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

19 Federal Regulations (as in effect on the 

20 date of enactment of this Act), to ensure 

21 that— 

22 (I) the generic maximum achiev23 able control technology standards de24 scribed in that subpart— 


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1 (aa) require no detectable 

2 emissions of hazardous air pollut3 ants, unless the Administrator— 

4 (AA) determines that 

5 the maximum degree of re6 duction in emissions of haz7 ardous air pollutants achiev8 able pursuant to section 

9 112(d)(2) of the Clean Air 

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

11 justifies higher limits; and 

12 (BB) publishes the de13 termination under subitem 

14 (AA) and the proposed high15 er limits in a rulemaking; 

16 (bb) ensure an ample mar17 gin of safety to protect public 

18 health and prevent an adverse 

19 environmental effect; and 

20 (cc) prevent adverse cumu21 lative effects to fetal health, the 

22 health of children, and the health 

23 of vulnerable subpopulations; and 

24 (II) the term ‘‘no detectable 

25 emissions’’, as required under subVerDate Sep 11 2014 22:38 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S3944.IS S3944

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1 clause (I)(aa), is defined to mean an 

2 instrument reading of less than 50 

3 parts per million above background 

4 concentrations; and 

5 (ii) in promulgating the final rule re6 quired in clause (i)(I), consider— 

7 (I) the effects and risks of expo8 sure from multiple sources of haz9 ardous air pollutants under the sub10 part modified under that clause; and 

11 (II) the best available science, in12 cluding science provided by the Na13 tional Academies of Science. 

14 (e) CLEAN WATER.— 

15 (1) REVISED EFFLUENT LIMITATION GUIDE16 LINES FOR THE ORGANIC CHEMICAL, PLASTICS, AND

17 SYNTHETIC FIBERS INDUSTRIAL CATEGORY.— 

18 (A) BAT AND NSPS STANDARDS FOR PLAS19 TIC POLYMER PRODUCTION.—Not later than 3 

20 years after the date of enactment of this Act, 

21 the Administrator shall promulgate a final 

22 rule— 

23 (i) that ensures that the best available 

24 technology limitations described in part 

25 414 of title 40, Code of Federal RegulaVerDate Sep 11 2014 22:38 Jul 05, 2020 Jkt 099200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S3944.IS S3944

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1 tions (as modified under clause (ii)), ap2 plies to covered facilities that produce 

3 fewer than 5,000,001 pounds of covered 

4 products per year; 

5 (ii) modifying part 414 of title 40, 

6 Code of Federal Regulations (as in effect 

7 on the date of enactment of this Act), to 

8 ensure that the best available technology 

9 and new source performance standard re10 quirements under that part reflect updated 

11 best available technology and best available 

12 demonstrated control technology for all 

13 pollutants discharged by covered facilities 

14 that produce covered products, including 

15 pollutants of concern that are not regu16 lated on the date of enactment of this Act; 

17 and 

18 (iii) modifying sections 414.91(b), 

19 414.101(b), and 414.111(b) of title 40, 

20 Code of Federal Regulations (as in effect 

21 on the date of enactment of this Act), to 

22 ensure that— 

23 (I) for new source performance 

24 standards for applicable covered facili25 ties producing covered products, the 


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1 maximum effluent limit for any 1 day 

2 and for any monthly average for the 

3 priority pollutants described in appen4 dix A to part 423 of title 40, Code of 

5 Federal Regulations (as in effect on 

6 the date of enactment of this Act), is 

7 0 milligrams per liter unless the Ad8 ministrator— 

9 (aa) determines that higher 

10 limits are justified using best 

11 available demonstrated control 

12 technology; and 

13 (bb) publishes the deter14 mination under item (aa) and the 

15 proposed higher limits in a rule16 making; and 

17 (II) for best available technology 

18 and new source performance stand19 ards, the maximum effluent limit for 

20 any 1 day and for any monthly aver21 age for total plastic pellets and other 

22 plastic material is 0 milligrams per 

23 liter. 

24 (B) EFFLUENT LIMITATIONS FOR RUNOFF

25 FROM PLASTIC POLYMER PRODUCTION AND


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1 PLASTIC MOLDING AND FORMING FACILITIES.— 

2 Not later than 60 days after the date of enact3 ment of this Act, the Administrator shall pro4 mulgate a final rule modifying parts 414 and 

5 463 of title 40, Code of Federal Regulations (as 

6 in effect on the date of enactment of this Act), 

7 to ensure that— 

8 (i) the runoff from facilities regulated 

9 under part 414 or 463 of that title con10 tains, for any 1 day and for any monthly 

11 average, 0 milligrams per liter of plastic 

12 pellets or other plastic materials; and 

13 (ii) the requirement under clause (i) is 

14 reflected in all stormwater and other per15 mits issued by the Administrator and 

16 State-delegated programs under section 

17 402 of the Federal Water Pollution Con18 trol Act (33 U.S.C. 1342), in addition to 

19 other applicable limits and standards. 

20 (C) EFFLUENT LIMITATIONS FOR RUNOFF

21 FROM FACILITIES THAT TRANSPORT AND PACK22 AGE PLASTIC PELLETS OR OTHER PLASTIC MA23 TERIALS.—Not later than 180 days after the 

24 date of enactment of this Act, the Adminis25 trator shall— 


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1 (i) identify, in addition to the facilities 

2 described in subparagraph (B)(i), other 

3 sources of runoff or other pollution con4 sisting of plastic pellets or other plastic 

5 materials into navigable waters (as defined 

6 in section 502 of the Federal Water Pollu7 tion Control Act (33 U.S.C. 1362)); and 

8 (ii) promulgate a final rule that— 

9 (I) limits the discharge of plastic 

10 pellets or other plastic materials in 

11 wastewater and runoff from facilities 

12 identified under clause (i) to, for any 

13 1 day and for any monthly average, 0 

14 milligrams per liter; and 

15 (II) requires the limitation under 

16 subclause (I) to be reflected in all 

17 stormwater and other permits issued 

18 by the Administrator and State-dele19 gated programs under section 402 of 

20 the Federal Water Pollution Control 

21 Act (33 U.S.C. 1342), in addition to 

22 other applicable limits and standards. 

23 (2) REVISED EFFLUENT LIMITATIONS GUIDE24 LINES FOR ETHYLENE AND PROPYLENE PRODUC25 TION.— 


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1 (A) BAT AND NSPS STANDARDS.—Not 

2 later than 3 years after the date of enactment 

3 of this Act, the Administrator shall promulgate 

4 a final rule— 

5 (i) modifying sections 419.23, 419.26, 

6 419.33, and 419.36 of title 40, Code of 

7 Federal Regulations (as in effect on the 

8 date of enactment of this Act), to ensure 

9 that the best available technology and new 

10 source performance standards reflect up11 dated best available technology and best 

12 available demonstrated control technology 

13 for all pollutants discharged by covered fa14 cilities producing ethylene or propylene; 

15 and 

16 (ii) modifying sections 419.26(a) and 

17 419.36(a) of title 40, Code of Federal Reg18 ulations (as in effect on the date of enact19 ment of this Act), to ensure that the new 

20 source performance standards for any 1 

21 day and for average of daily values for 30 

22 consecutive days for the priority pollutants 

23 described in appendix A to part 423 of 

24 title 40, Code of Federal Regulations (as 

25 in effect on the date of enactment of this 


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1 Act), is 0 milligrams per liter unless the 

2 Administrator— 

3 (I) determines that higher limits 

4 are justified using best available dem5 onstrated control technology; and 

6 (II) the Administrator publishes 

7 the determination under item (aa) and 

8 the proposed higher limits in a rule9 making. 

10 (B) RUNOFF LIMITATIONS FOR ETHYLENE

11 AND PROPYLENE PRODUCTION.—Not later than 

12 3 years after the date of enactment of this Act, 

13 the Administrator shall promulgate a final rule 

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

15 title 40, Code of Federal Regulations (as in ef16 fect on the date of enactment of this Act), to 

17 ensure that runoff limitations that reflect best 

18 available demonstrated control technology are 

19 included. 

20 (f) ENVIRONMENTAL JUSTICE REQUIREMENTS FOR

21 COVERED FACILITY PERMITS.— 

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

23 the date of enactment of this Act, the Administrator 

24 shall promulgate a final rule to ensure that— 


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1 (A) any proposed permit to be issued by 

2 the Administrator or by a State agency dele3 gated authority under the Clean Air Act (42 

4 U.S.C. 7401 et seq.) or the Federal Water Pol5 lution Control Act (33 U.S.C. 1251 et seq.) 

6 with respect to a covered facility is accompanied 

7 by an environmental justice assessment that— 

8 (i) assesses the direct and cumulative 

9 economic, environmental, and public health 

10 impacts of the proposed permit on front11 line communities; and 

12 (ii) proposes changes or alterations to 

13 the proposed permit that would, to the 

14 maximum extent practicable, eliminate or 

15 mitigate the impacts described in clause 

16 (i); 

17 (B) each proposed permit and environ18 mental justice assessment described in subpara19 graph (A) is delivered to applicable frontline 

20 communities at the beginning of the public com21 ment period for the proposed permit, which 

22 shall include notification through— 

23 (i) direct means; and 

24 (ii) publications likely to be obtained 

25 by residents of the frontline community; 


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1 (C) the Administrator or a State agency 

2 delegated authority under the Clean Air Act 

3 (42 U.S.C. 7401 et seq.) or the Federal Water 

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

5 as applicable, shall not approve a proposed per6 mit described in subparagraph (A) unless— 

7 (i) changes or alterations have been 

8 incorporated into the proposed permit that, 

9 to the maximum extent practicable, elimi10 nate or mitigate the environmental justice 

11 impacts described in subparagraph (A)(i); 

12 and 

13 (ii) the changes or alterations de14 scribed in clause (i) have been developed 

15 with input from residents or representa16 tives of the frontline community in which 

17 the covered facility to which the proposed 

18 permit would apply is located or seeks to 

19 locate; and 

20 (D) the approval of a proposed permit de21 scribed in subparagraph (A) is conditioned on 

22 the covered facility providing comprehensive 

23 fenceline monitoring and response strategies 

24 that fully protect public health and safety and 

25 the environment in frontline communities. 


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1 (2) REQUIREMENT.—The Administrator shall 

2 develop the final rule required under paragraph (1) 

3 with input from— 

4 (A) residents of frontline communities; and 

5 (B) representatives of frontline commu6 nities. 

7 (g) EXTENDED PRODUCER RESPONSIBILITY FOR

8 INTERNATIONAL PLASTIC EXPORTS.—The temporary 

9 pause on the export of covered products under subsection 

10 (b)(4) shall remain in place until the Secretary of Com11 merce promulgates a final rule that— 

12 (1) requires the tracking of covered products 

13 from sale to disposal; 

14 (2) prohibits the export of covered products to 

15 purchasers that convert those plastics into single-use 

16 plastics; 

17 (3) requires the Secretary of Commerce, not 

18 less frequently than once every 2 years and in con19 sultation with the Administrator and the Secretary 

20 of Health and Human Services, to publish a report 

21 measuring and evaluating the environmental and en22 vironmental justice impacts of exporting covered 

23 products from sale to disposal; and 

24 (4) establishes enforceable mechanisms for sell25 ers or purchasers of covered products to mitigate the 


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1 environmental and environmental justice impacts of 

2 those covered products from sale to disposal. 

Æ 


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