II 

118TH CONGRESS 

2D SESSION S. 4194 

To require the Administrator of the Environmental Protection Agency to 

carry out certain activities to protect communities from the harmful 

effects of plastics, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2024 

Mr. BOOKER (for himself, Mr. MERKLEY, Mr. VAN HOLLEN, Mr. SANDERS, 

Mr. DURBIN, Mr. WELCH, and Mr. MARKEY) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

A BILL 

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

communities from the harmful effects of plastics, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Commu5 nities from Plastics Act of 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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

3 vulnerable communities located near petrochemical 

4 facilities; 

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

6 the decade beginning on the date of enactment of 

7 this Act, locking in harmful emissions for decades; 

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

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

14 (5) petrochemical facilities that produce plastics 

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

17 exposing those communities to harmful pollutants; 

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

21 and other serious illnesses; 

22 (7) transitioning from the use of fossil fuels for 

23 power generation and transportation only to replace 

24 that demand with more fossil fuel-based plastics pro25 duction— 


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1 (A) is not a viable strategy; and 

2 (B) fails to protect communities; 

3 (8) plastics carry impacts throughout the 

4 lifecycle, including the impacts of— 

5 (A) oil and gas extraction; 

6 (B) plastics refining, manufacturing, and 

7 certain methods of disposal; and 

8 (C) resulting plastics pollution in commu9 nities and the environment, where the degrad10 ing plastics— 

11 (i) leach chemical additives; and 

12 (ii) emit greenhouse gases; 

13 (9) addressing the plastics crisis requires a shift 

14 away from single-use plastics in nonessential set15 tings; 

16 (10) technologies that convert plastics to fuel, 

17 use plastics for energy generation, generate feed18 stocks for the chemical industry, or produce haz19 ardous waste and toxic air pollution are not a sus20 tainable solution to the plastics crisis; and 

21 (11) the projected impacts of climate change, 

22 including rising sea levels, heat, and extreme weath23 er, pose physical risks to facilities involved in plas24 tics production and disposal, which can increase the 


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1 risk of accidents, additional emissions, and other 

2 negative impacts on surrounding communities. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Environ7 mental Protection Agency. 

8 (2) BEVERAGE.— 

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

10 means any drinkable liquid intended for human 

11 oral consumption, including— 

12 (i) water; 

13 (ii) flavored water; 

14 (iii) soda water; 

15 (iv) mineral water; 

16 (v) beer; 

17 (vi) a malt beverage; 

18 (vii) a carbonated soft drink; 

19 (viii) liquor; 

20 (ix) tea; 

21 (x) coffee; 

22 (xi) hard cider; 

23 (xii) fruit juice; 

24 (xiii) an energy or sports drink; 

25 (xiv) coconut water; 


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1 (xv) wine; 

2 (xvi) a yogurt drink; 

3 (xvii) a probiotic drink; 

4 (xviii) a wine cooler; and 

5 (xix) any other beverage determined 

6 to be appropriate by the Administrator. 

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

8 does not include— 

9 (i) a drug regulated under the Federal 

10 Food, Drug, and Cosmetic Act (21 U.S.C. 

11 301 et seq.); 

12 (ii) infant formula; or 

13 (iii) a meal replacement liquid. 

14 (3) BEVERAGE CONTAINER.— 

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

16 container’’ means a prepackaged container 

17 that— 

18 (i) is designed to hold a beverage; 

19 (ii) is made of any material, including 

20 glass, plastic, and metal; and 

21 (iii) has a volume of not more than 3 

22 liters. 

23 (B) EXCLUSIONS.—The term ‘‘beverage 

24 container’’ does not include— 

25 (i) a carton; 


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1 (ii) a pouch; or 

2 (iii) aseptic packaging, such as a 

3 drink box. 

4 (4) COMMUNITY OF COLOR.—The term ‘‘com5 munity of color’’ means a geographically distinct 

6 area in which the percentage of the population of the 

7 community represented by people of color is higher 

8 than the percentage of the population of the State 

9 represented by people of color. 

10 (5) CONSULTATION.—The term ‘‘consultation’’ 

11 means the meaningful and timely process of— 

12 (A) seeking, discussing, and carefully con13 sidering the views of fenceline communities in a 

14 manner that is cognizant of the values of all 

15 parties; and 

16 (B) when feasible, seeking agreement 

17 among the parties. 

18 (6) COVERED FACILITY.—The term ‘‘covered 

19 facility’’ means— 

20 (A) an industrial facility that transforms 

21 petrochemical gas and liquids into ethylene and 

22 propylene for later conversion into plastic poly23 mers; 


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1 (B) an industrial facility that transforms 

2 ethylene and propylene into any other chemical 

3 for later conversion into plastic polymers; 

4 (C) a plastic polymerization, monomer, 

5 polymer, or resin production facility; 

6 (D) an industrial facility that 

7 depolymerizes or otherwise breaks down plastic 

8 polymers into chemical feedstocks for use in 

9 new products or as fuel; 

10 (E) an industrial facility that converts, in11 cluding through pyrolysis or gasification, plastic 

12 polymers into chemical feedstocks; 

13 (F) an industrial facility that generates 

14 fuel or energy from plastic polymers through 

15 waste-to-fuel technology, an incinerator, pyrol16 ysis, gasification, or other similar technology, as 

17 determined by the Administrator; and 

18 (G) an industrial facility that produces a 

19 chemical feedstock for use in the plastics manu20 facturing industry. 

21 (7) COVERED PRODUCT.—The term ‘‘covered 

22 product’’ means— 

23 (A) ethylene; 

24 (B) propylene; and 


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1 (C) raw plastic materials in any form, in2 cluding pellets, resin, nurdles, powder, and 

3 flakes, including— 

4 (i) polyethylene terephthalate (com5 monly referred to as ‘‘PET’’ or ‘‘PETE’’); 

6 (ii) high-density polyethylene (com7 monly referred to as ‘‘HDPE’’); 

8 (iii) low-density polyethylene (com9 monly referred to as ‘‘LDPE’’); 

10 (iv) polypropylene (commonly referred 

11 to as ‘‘PP’’); 

12 (v) polyvinyl chloride (commonly re13 ferred to as ‘‘PVC’’); 

14 (vi) polystyrene (commonly referred to 

15 as ‘‘PS’’); and 

16 (vii) any other plastic polymer deter17 mined to be appropriate by the Adminis18 trator. 

19 (8) ENVIRONMENTAL JUSTICE.—The term ‘‘en20 vironmental justice’’ means the fair treatment and 

21 meaningful involvement of all individuals, regardless 

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

23 income, with respect to the development, implemen24 tation, and enforcement of environmental laws, regu25 lations, and policies to ensure that— 


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1 (A) communities with significant popu2 lations of racial minorities, communities of 

3 color, Indigenous communities, and low-income 

4 communities have full access to public informa5 tion and opportunities for meaningful public 

6 participation with respect to human health and 

7 environmental planning, regulations, and en8 forcement; 

9 (B) no community described in subpara10 graph (A) is exposed to a disproportionate bur11 den of the negative human health and environ12 mental impacts of pollution or other environ13 mental hazards; and 

14 (C) the 17 principles described in the docu15 ment entitled ‘‘The Principles of Environmental 

16 Justice’’, written and adopted at the First Na17 tional People of Color Environmental Leader18 ship Summit convened on October 24 through 

19 27, 1991, in Washington, DC, are upheld. 

20 (9) FENCELINE COMMUNITY.— 

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

22 community’’ means a community located near a 

23 covered facility that has experienced, as a result 

24 of that location— 


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1 (i) negative impacts on human health 

2 and the environment; and 

3 (ii) systemic socioeconomic disparity 

4 or another form of injustice with respect to 

5 policies, regulations, or enforcement. 

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

7 community’’ includes a low-income community, 

8 an Indigenous community, and a community of 

9 color. 

10 (10) FOOD SERVICE PRODUCT.—The term 

11 ‘‘food service product’’ means an item intended to 

12 deliver a food product, regardless of the recyclability 

13 or compostability of the item, including— 

14 (A) a utensil; 

15 (B) a straw; 

16 (C) a stirrer; 

17 (D) a drink cup; 

18 (E) a drink lid; 

19 (F) a food package; 

20 (G) a food container; 

21 (H) a hinged or lidded container (com22 monly known as a ‘‘clamshell’’); 

23 (I) a plate; 

24 (J) a bowl; 


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1 (K) a meat, fish, seafood, or vegetable 

2 tray; 

3 (L) a food wrapper; and 

4 (M) a beverage container. 

5 (11) INDIGENOUS COMMUNITY.—The term ‘‘In6 digenous community’’ means— 

7 (A) a federally recognized Indian Tribe; 

8 (B) a State-recognized Indian Tribe; 

9 (C) an Alaska Native or Native Hawaiian 

10 community or organization; and 

11 (D) any other community of Indigenous in12 dividuals, including communities in other coun13 tries. 

14 (12) LIMITED ENGLISH PROFICIENCY INDI15 VIDUAL.—The term ‘‘limited English proficiency in16 dividual’’ means an individual that— 

17 (A) does not speak English as their pri18 mary language; or 

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

20 write, or understand English. 

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

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

23 group in which 30 percent or more of the population 

24 are individuals with an annual household income 

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


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

2 median income of the area in which the house3 hold is located, as reported by the Secretary of 

4 Housing and Urban Development; and 

5 (B) 200 percent of the Federal poverty 

6 line. 

7 (14) MATERIAL RECOVERY FACILITY.—The 

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

9 waste management facility that processes materials 

10 for reuse or recycling. 

11 (15) MEANINGFUL.—The term ‘‘meaningful’’, 

12 with respect to involvement by the public in a deter13 mination by a Federal agency, means that— 

14 (A) potentially affected residents of a com15 munity have an appropriate opportunity to par16 ticipate in decisions relating to a proposed ac17 tivity that will affect the environment or public 

18 health of the community; 

19 (B) the public contribution can influence 

20 the determination by the Federal agency; 

21 (C) the concerns of all participants are 

22 taken into consideration in the decisionmaking 

23 process; and 

24 (D) the Federal agency— 


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1 (i) provides to potentially affected 

2 members of the public accurate informa3 tion, including identifying limited English 

4 proficiency individuals who need language 

5 assistance, implementing accessible lan6 guage assistance measures, and providing 

7 notice to limited English proficiency indi8 viduals for effective engagement in deci9 sions; and 

10 (ii) facilitates the involvement of po11 tentially affected members of the public. 

12 (16) PACKAGING.— 

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

14 means— 

15 (i) any package or container, regard16 less of recyclability or compostability; and 

17 (ii) any separable and distinct mate18 rial component, regardless of recyclability 

19 or compostability, used for the contain20 ment, protection, handling, delivery, and 

21 presentation of goods that are sold, offered 

22 for sale, or distributed to consumers in the 

23 United States, including through an inter24 net transaction. 


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

2 includes— 

3 (i) an item described in subparagraph 

4 (A) that is— 

5 (I) sales packaging or primary 

6 packaging intended for the consumer 

7 market; 

8 (II) service packaging designed 

9 and intended to be used or filled at 

10 the point of sale, such as carry-out 

11 bags, bulk good bags, take-out bags, 

12 and home delivery food service prod13 ucts; 

14 (III) secondary packaging used 

15 to group products for multiunit sale; 

16 or 

17 (IV) tertiary packaging used for 

18 transportation or distribution directly 

19 to a consumer; and 

20 (ii) any ancillary element that is— 

21 (I) hung on, or attached to, a 

22 product; and 

23 (II) performing a packaging 

24 function. 


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

2 does not include an item described in subpara3 graph (A) or (B) that— 

4 (i) is used for the long-term protection 

5 or storage of a product; and 

6 (ii) has a useful life of not less than 

7 5 years, as determined by the Adminis8 trator. 

9 (17) PHYSICAL CLIMATE RISKS.— 

10 (A) IN GENERAL.—The term ‘‘physical cli11 mate risks’’ means risks to covered facilities 

12 and the operations of covered facilities that re13 sult from exposure to physical climate-related 

14 effects, including— 

15 (i) increased average global tempera16 tures; 

17 (ii) increased severity and frequency 

18 of extreme weather events; 

19 (iii) increased flooding; 

20 (iv) sea-level rise; 

21 (v) increased severity and frequency of 

22 heat waves; 

23 (vi) increased frequency of wildfires; 

24 (vii) decreased arability of farmland; 

25 and 


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1 (viii) decreased availability of fresh 

2 water. 

3 (B) INCLUSIONS.—The term ‘‘physical cli4 mate risks’’ includes the risk of additional emis5 sions, accidents, failure of hazardous waste con6 tainment, and other risks resulting from the ex7 posure of covered facilities and the operations 

8 of covered facilities to physical climate-related 

9 effects. 

10 (18) PLASTIC.— 

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

12 means a synthetic or semisynthetic material 

13 that— 

14 (i) is synthesized by the polymeriza15 tion of organic substances; and 

16 (ii) is capable of being shaped into 

17 various rigid and flexible forms. 

18 (B) INCLUSIONS.—The term ‘‘plastic’’ in19 cludes coatings and adhesives described in sub20 paragraph (A). 

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

22 does not include— 

23 (i) natural rubber; or 

24 (ii) naturally occurring polymers, such 

25 as proteins or starches. 


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1 (19) PRODUCER.— 

2 (A) IN GENERAL.—The term ‘‘producer’’ 

3 means an entity that— 

4 (i)(I) manufactures a covered product 

5 or beverage container; and 

6 (II) owns, or is a licensee of, the 

7 brand or trademark under which that cov8 ered product or beverage container is— 

9 (aa) used in a commercial enter10 prise in the United States; 

11 (bb) sold or offered for sale in 

12 the United States; or 

13 (cc) distributed in the United 

14 States; 

15 (ii) if no entity described in clause (i) 

16 exists with respect to a covered product or 

17 beverage container, owns or, if the owner 

18 is not located in the United States, is the 

19 exclusive licensee of a brand or trademark 

20 under which the covered product or bev21 erage container is used in a commercial en22 terprise, sold or offered for sale, or distrib23 uted, in the United States; or 

24 (iii) if no entity described in clause (i) 

25 or (ii) exists with respect to a covered 


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1 product or beverage container, sells, offers 

2 for sale, or distributes the covered product 

3 or beverage container in the United States. 

4 (B) EXCLUSION.—The term ‘‘producer’’ 

5 does not include an entity that produces, har6 vests, and packages an agricultural commodity 

7 on the site where the agricultural commodity 

8 was grown or raised. 

9 (C) RELATED DEFINITIONS.—For pur10 poses of subparagraph (A): 

11 (i) LICENSEE.—The term ‘‘licensee’’ 

12 means an entity that holds the exclusive 

13 right to use a trademark or brand in the 

14 United States in connection with the man15 ufacture, sale, or distribution of a covered 

16 product or beverage container. 

17 (ii) MANUFACTURE.—The term ‘‘man18 ufacture’’, with respect to a beverage con19 tainer, means to bottle, can, or otherwise 

20 fill a beverage container for sale to— 

21 (I) distributors distributing bev22 erage containers to retailers; 

23 (II) importers; or 

24 (III) retailers. 


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1 (iii) SALE.—The term ‘‘sale’’ includes 

2 the delivery of a covered product or bev3 erage container to a purchaser in the 

4 United States. 

5 (20) REFILL; REFILLABLE; REUSABLE; 

6 REUSE.—The terms ‘‘refill’’, ‘‘refillable’’, ‘‘reusable’’, 

7 and ‘‘reuse’’ mean— 

8 (A) with respect to packaging or a food 

9 service product that is reused or refilled by a 

10 producer, that the packaging or food service 

11 product is— 

12 (i) explicitly designed and marketed to 

13 be utilized for not less than the number of 

14 cycles that the Administrator determines 

15 to be appropriate, for the same product, or 

16 for another purposeful packaging use in a 

17 supply chain; 

18 (ii) designed for durability to function 

19 properly in original condition for multiple 

20 cycles; 

21 (iii) composed of materials that do not 

22 contain— 

23 (I) toxic heavy metals; 

24 (II) pathogens; 

25 (III) additives; or 


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1 (IV) toxic substances or chemical 

2 substances designated as high-priority 

3 substances under section 6(b)(1) of 

4 the Toxic Substances Control Act (15 

5 U.S.C. 2605(b)(1)), including the 

6 chemicals or mixtures of chemicals de7 scribed in section 4(f)(3); 

8 (iv) supported by adequate infrastruc9 ture to ensure that the packaging or food 

10 service product can be conveniently and 

11 safely reused or refilled for multiple cycles; 

12 and 

13 (v) repeatedly recovered, inspected, 

14 and repaired, if necessary, and reissued 

15 into the supply chain for reuse or refill for 

16 multiple cycles; and 

17 (B) with respect to packaging or a food 

18 service product that is reused or refilled by a 

19 consumer, that the packaging or food service 

20 product is— 

21 (i) explicitly designed and marketed to 

22 be utilized for not less than the number of 

23 cycles that the Administrator determines 

24 to be appropriate, for the same product; 


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1 (ii) designed for durability to function 

2 properly in its original condition for mul3 tiple cycles; 

4 (iii) composed of materials that do not 

5 contain— 

6 (I) toxic heavy metals; 

7 (II) pathogens; 

8 (III) additives; or 

9 (IV) toxic substances or chemical 

10 substances designated as high-priority 

11 substances under section 6(b)(1) of 

12 the Toxic Substances Control Act (15 

13 U.S.C. 2605(b)(1)), including the 

14 chemicals or mixtures of chemicals de15 scribed in section 4(f)(3); and 

16 (iv) supported by adequate and con17 venient availability of, and retail infra18 structure for, bulk or large format pack19 aging that may be refilled to ensure the 

20 packaging or food service product can be 

21 conveniently and safely reused or refilled 

22 by the consumer for multiple cycles, as 

23 needed. 

24 (21) SINGLE-USE PLASTIC.— 


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

2 plastic’’ means a plastic product or packaging 

3 that— 

4 (i) is routinely disposed of, recycled, 

5 or otherwise discarded after a single use; 

6 or 

7 (ii) is not sufficiently durable or wash8 able to be, or is not intended to be, reus9 able or refillable. 

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

11 plastic’’ does not include— 

12 (i) medical equipment, medical de13 vices, consumer personal protective equip14 ment, or other products determined by the 

15 Secretary of Health and Human Services 

16 to necessarily be made of plastic for the 

17 protection of public health or for people 

18 with disabilities; 

19 (ii) packaging that is— 

20 (I) for any product described in 

21 clause (i) that is determined by the 

22 Secretary of Health and Human Serv23 ices to necessarily be used for the pro24 tection of public health or for people 

25 with disabilities; or 


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1 (II) used for the shipment of 

2 hazardous materials, such that the 

3 packaging is prohibited from being 

4 composed of used materials under sec5 tion 178.509 or 178.522 of title 49, 

6 Code of Federal Regulations (as in ef7 fect on the date of enactment of this 

8 Act); or 

9 (iii) personal hygiene products that, 

10 due to the intended use of the products, 

11 could become unsafe or unsanitary to recy12 cle, such as diapers. 

13 (22) TEMPORARY PAUSE PERIOD.—The term 

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

15 (A) beginning on the date of enactment of 

16 this Act; and 

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

18 date on which— 

19 (i) all regulations and final rules re20 quired under subsections (c), (d), and (e) 

21 of section 4 are in effect; and 

22 (ii) the amendments made by sub23 section (h) of that section are fully imple24 mented. 

25 (23) TOXIC SUBSTANCE.— 


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1 (A) IN GENERAL.—The term ‘‘toxic sub2 stance’’ means any substance, mixture, or com3 pound that— 

4 (i) may cause— 

5 (I) personal injury or disease to 

6 humans through ingestion, inhalation, 

7 or absorption through any body sur8 face; or 

9 (II) adverse impacts on the envi10 ronment; and 

11 (ii) satisfies 1 or more of the condi12 tions described in subparagraph (B). 

13 (B) CONDITIONS.—The conditions referred 

14 to in subparagraph (A)(ii) are the following: 

15 (i) The substance, mixture, or com16 pound is subject to reporting requirements 

17 under— 

18 (I) the Emergency Planning and 

19 Community Right-To-Know Act of 

20 1986 (42 U.S.C. 11001 et seq.); 

21 (II) the Comprehensive Environ22 mental Response, Compensation, and 

23 Liability Act of 1980 (42 U.S.C. 9601 

24 et seq.); or 


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1 (III) section 112(r) of the Clean 

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

3 (ii) The National Institute for Occu4 pational Safety and Health, the Occupa5 tional Safety and Health Administration, 

6 the National Toxicology Program, the Cen7 ters for Disease Control and Prevention, 

8 the Administrator of Health and Human 

9 Services, the National Institute for Envi10 ronmental Health Sciences, or the Envi11 ronmental Protection Agency has estab12 lished that the substance, mixture, or com13 pound poses an acute or chronic health 

14 hazard, including developmental, reproduc15 tive, or endocrine effects. 

16 (iii) The National Institute for Occu17 pational Safety and Health or the Environ18 mental Protection Agency has recognized 

19 that the substance, mixture, or compound 

20 may increase the risk of developing a la21 tent disease. 

22 (iv) The substance, mixture, or com23 pound is— 

24 (I) a perfluoroalkyl or 

25 polyfluoroalkyl substance; 


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1 (II) an orthophthalate; 

2 (III) a bisphenol compound (but 

3 not including an alkyl-substituted 

4 bisphenol compound generated 

5 through a xylenol-aldehyde process); 

6 (IV) a halogenated or nanoscale 

7 flame-retardant chemical; 

8 (V) UV 328 (2-(2H-benzotriazol9 2-yl)-4,6-di-tert-pentylphenol); 

10 (VI) a chlorinated paraffin; 

11 (VII) listed as a persistent or12 ganic pollutant by the Stockholm Con13 vention on Persistent Organic Pollut14 ants; 

15 (VIII) given an overall carcino16 genicity evaluation of Group 1, Group 

17 2A, or Group 2B by the International 

18 Agency for Research on Cancer; or 

19 (IX) listed as a toxic, poisonous, 

20 explosive, corrosive, flammable, 

21 ecotoxic, or infectious waste by the 

22 Basel Convention on the Control of 

23 Transboundary Movements of Haz24 ardous Wastes and Their Disposal, 


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1 done at Basel, Switzerland, March 22, 

2 1989. 

3 (v) The substance, mixture, or com4 pound is a chemical or chemical class that, 

5 as determined by the Administrator, has 

6 been identified by a Federal agency, State 

7 agency, or international intergovernmental 

8 agency as being 1 or more of the following: 

9 (I) A carcinogen, mutagen, repro10 ductive toxicant, immunotoxicant, 

11 neurotoxicant, or endocrine disruptor. 

12 (II) A persistent bioaccumulative. 

13 (III) A chemical or chemical class 

14 that may— 

15 (aa) harm the normal devel16 opment of a fetus or child or 

17 cause other developmental tox18 icity in humans or wildlife; 

19 (bb) harm organs or cause 

20 other systemic toxicity; or 

21 (cc) have an adverse impact 

22 on— 

23 (AA) air quality; 

24 (BB) ecology; 

25 (CC) soil quality; or 


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1 (DD) water quality. 

2 (IV) A chemical or chemical class 

3 that has toxicity equivalent to the tox4 icity reflected in a criterion described 

5 in any of subclauses (I) through (III). 

6 (24) TRANSLATION SERVICES.—The term 

7 ‘‘translation services’’ means professional language 

8 translation and interpretation for oral communica9 tions, and translation for written documents and no10 tices, in any language spoken by more than 5 per11 cent of the population residing within a fenceline 

12 community. 

13 SEC. 4. ENVIRONMENTAL JUSTICE PROTECTIONS AT COV14 ERED FACILITIES. 

15 (a) NATIONAL ACADEMIES STUDY OF PLASTICS IN16 DUSTRY.— 

17 (1) AGREEMENT.— 

18 (A) IN GENERAL.—The Administrator 

19 shall offer to enter into an agreement with the 

20 National Academy of Sciences and the National 

21 Institutes of Health to conduct a study of— 

22 (i) the existing and planned expansion 

23 of the industry of producers of covered 

24 products, including the entire supply chain, 

25 the extraction and refining of fossil fuels 


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•S 4194 IS

1 and polymer feedstocks, chemical recycling 

2 efforts, end uses, disposal fate, and 

3 lifecycle impacts of covered products; 

4 (ii) the environmental, public health, 

5 environmental justice, and pollution im6 pacts of covered facilities and the products 

7 of covered facilities; 

8 (iii) the use of additives in the pro9 duction of covered products and the con10 sequences of those additives on public 

11 health; 

12 (iv) the existing standard technologies 

13 and practices of covered facilities with re14 spect to the discharge and emission of pol15 lutants into the environment; 

16 (v) the best available technologies and 

17 practices that reduce or eliminate the envi18 ronmental justice and pollution impacts of 

19 covered facilities, associated infrastructure 

20 of covered facilities, and the products of 

21 covered facilities; and 

22 (vi) the toxicity of plastic polymers, 

23 additives, and chemicals (including byprod24 ucts), including the impacts of those poly25 mers, additives, and chemicals on— 


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•S 4194 IS

1 (I) public health; 

2 (II) the recyclability of plastic; 

3 and 

4 (III) the ability to use recycled 

5 content. 

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) take into consideration— 

14 (i) the direct, indirect, and cumulative 

15 environmental impacts of industries, in16 cluding plastic production industries, 

17 chemical recycling industries, and the in18 dustries of other covered facilities; 

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

22 water, waste, climate change, public health, 

23 and environmental justice impacts of those 

24 industries; and 


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•S 4194 IS

1 (iii)(I) the impacts of physical climate 

2 risks on the environmental, public health, 

3 environmental justice, and pollution risks 

4 posed by covered facilities and the products 

5 of covered facilities; and 

6 (II) the effectiveness of best available 

7 technologies to reduce or eliminate those 

8 environmental, public health, and environ9 mental justice and pollution risks; and 

10 (B) recommend technologies, regulations, 

11 standards, and practices, including rec12 ommendations for technologies, regulations, 

13 standards, and practices that will best carry out 

14 the regulatory modifications required under 

15 subsections (c), (d), and (f), to remediate or 

16 eliminate the local, regional, national, and inter17 national air, water, waste, climate change, pub18 lic health, and environmental justice impacts of 

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

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

21 the date of enactment of this Act, the Administrator 

22 shall submit to Congress a report describing the re23 sults of the study under paragraph (1). 

24 (4) AUTHORIZATION OF APPROPRIATIONS.— 

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•S 4194 IS

1 tional Academy of Sciences and the National Insti2 tutes of Health such sums as are necessary to carry 

3 out this subsection. 

4 (b) PERMITTING MORATORIUM FOR COVERED FA5 CILITIES.— 

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

7 during the temporary pause period, notwithstanding 

8 any other provision of law— 

9 (A) the Administrator shall not issue a 

10 new permit for a covered facility under— 

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

12 et seq.); or 

13 (ii) the Federal Water Pollution Con14 trol Act (33 U.S.C. 1251 et seq.); 

15 (B) the Secretary of the Army, acting 

16 through the Chief of Engineers, shall not issue 

17 a new permit for a covered facility under sec18 tion 404 of the Federal Water Pollution Control 

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

20 (C) the Administrator shall object in writ21 ing under subsections (b) and (c) of section 505 

22 of the Clean Air Act (42 U.S.C. 7661d) or sec23 tion 402(d)(2) of the Federal Water Pollution 

24 Control Act (33 U.S.C. 1342(d)(2)), as applica25 ble, to any new permit issued to a covered facilVerDate Sep 11 2014 23:08 May 13, 2024 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S4194.IS S4194

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1 ity by a State agency delegated authority under 

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

3 the Federal Water Pollution Control Act (33 

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

5 (D) the export of covered products is pro6 hibited. 

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

8 to a permit described in that paragraph for a facility 

9 that is— 

10 (A) a material recovery facility; 

11 (B) a mechanical recycling facility; or 

12 (C) a compost facility. 

13 (c) CLEAN AIR REQUIREMENTS FOR COVERED FA14 CILITIES.— 

15 (1) TIMELY REVISION OF EMISSIONS STAND16 ARDS.—Section 111(b)(1)(B) of the Clean Air Act 

17 (42 U.S.C. 7411(b)(1)(B)) is amended by striking 

18 the fifth sentence. 

19 (2) NEW SOURCE PERFORMANCE STANDARDS

20 FOR CERTAIN FACILITIES.—Not later than 3 years 

21 after the date of enactment of this Act, the Adminis22 trator shall promulgate a final rule— 

23 (A) designating petrochemical feedstock 

24 and polymer production facilities as a category 

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


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•S 4194 IS

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

2 7411(b)(1)(A)); and 

3 (B) establishing new source performance 

4 standards under section 111(f)(1) of the Clean 

5 Air Act (42 U.S.C. 7411(f)(1)) for the category 

6 of stationary source designated under subpara7 graph (A). 

8 (3) STORAGE VESSELS FOR COVERED PROD9 UCTS.—Not later than 3 years after the date of en10 actment of this Act, the Administrator shall promul11 gate a final rule modifying section 60.112b(a) of 

12 title 40, Code of Federal Regulations, to ensure that 

13 an owner or operator of a storage vessel containing 

14 liquid with a vapor pressure equal to or more than 

15 5 millimeters of mercury under actual storage condi16 tions that is regulated under that section uses— 

17 (A) an internal floating roof tank con18 nected to a volatile organic compound control 

19 device; or 

20 (B) a fixed-roof tank connected to a vola21 tile organic compound control device. 

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

23 date of enactment of this Act, the Administrator 

24 shall promulgate a final rule— 


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•S 4194 IS

1 (A) modifying title 40, Code of Federal 

2 Regulations (as in effect on the date of enact3 ment of this Act), to ensure that flaring, at 

4 ground-level and elevated, shall only be per5 mitted when necessary solely for safety reasons; 

6 and 

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

8 60.115b(d)(1), 60.482–10a(d), 60.562– 

9 1(a)(1)(i)(C), 60.662(b), and 60.702(b) of title 

10 40, Code of Federal Regulations (as in effect on 

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

12 that— 

13 (i) references to flare standards under 

14 those sections refer to the flare standards 

15 established under subparagraph (A); and 

16 (ii) the flare standards under those 

17 sections are, without exception, continu18 ously applied. 

19 (5) NATURAL GAS-FIRED STEAM BOILERS.— 

20 Not later than 3 years after the date of enactment 

21 of this Act, the Administrator shall promulgate a 

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

23 Code of Federal Regulations (as in effect on the 

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

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1 ulated under that subpart may only burn gaseous 

2 fuels, not solid fuels or liquid fuels. 

3 (6) MONITORING.—Not later than 2 years after 

4 the date of enactment of this Act, the Administrator 

5 shall promulgate a final rule revising subparts DDD, 

6 NNN, and RRR and other relevant subparts of part 

7 60 of title 40, Code of Federal Regulations (as in ef8 fect on the date of enactment of this Act)— 

9 (A) to require continuous emissions moni10 toring of benzene, nitrogen oxides, sulfur diox11 ide, carbon monoxide, other hazardous air pol12 lutants, and filterable particulate matter for all 

13 combustion devices, including during startups, 

14 shutdowns, and malfunctions of the facilities 

15 regulated by those subparts; 

16 (B) to require— 

17 (i) accurate and continuous record18 keeping when continuous emissions moni19 toring is required under subparagraph (A); 

20 and 

21 (ii) the records required under clause 

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

23 real time; 

24 (C) to require continuous monitoring of 

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1 tion 63.658 of title 40, Code of Federal Regula2 tions (as in effect on the date of enactment of 

3 this Act), for nitrogen oxides, sulfur dioxide, 

4 carbon monoxide, filterable and condensable 

5 particulate matter, and all other relevant haz6 ardous air pollutants; and 

7 (D) to ensure that the continuous moni8 toring of combustion devices required under 

9 subparagraphs (A) and (C) are used to deter10 mine the compliance of facilities regulated by 

11 those subparts with the Clean Air Act (42 

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

13 (d) CLEAN WATER REQUIREMENTS FOR COVERED

14 FACILITIES.— 

15 (1) BAT AND NSPS STANDARDS FOR PLASTIC

16 POLYMER PRODUCTION.—Not later than 3 years 

17 after the date of enactment of this Act, the Adminis18 trator shall promulgate a final rule— 

19 (A) modifying part 414 of title 40, Code of 

20 Federal Regulations (as in effect on the date of 

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

22 available technology and new source perform23 ance standard requirements under that part re24 flect updated best available technology and best 

25 available demonstrated control technology for 


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•S 4194 IS

1 all pollutants discharged by covered facilities 

2 that produce covered products, including pollut3 ants of concern that are not regulated on the 

4 date of enactment of this Act; 

5 (B) modifying sections 414.91(b), 

6 414.101(b), and 414.111(b) of title 40, Code of 

7 Federal Regulations (as in effect on the date of 

8 enactment of this Act), to ensure that— 

9 (i) for new source performance stand10 ards for applicable covered facilities pro11 ducing covered products, the maximum ef12 fluent limit for any 1 day and for any 

13 monthly average for the priority pollutants 

14 described in appendix A to part 423 of 

15 title 40, Code of Federal Regulations (as 

16 in effect on the date of enactment of this 

17 Act), is 0 milligrams per liter, unless the 

18 Administrator— 

19 (I) determines that higher limits 

20 are justified using best available dem21 onstrated control technology; and 

22 (II) publishes the determination 

23 under subclause (I) and the proposed 

24 higher limits in a rulemaking; and 


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•S 4194 IS

1 (ii) for best available technology and 

2 new source performance standards, the 

3 maximum effluent limit for any 1 day and 

4 for any monthly average for total plastic 

5 pellets and other plastic material is 0 milli6 grams per liter; and 

7 (C) that ensures that the best available 

8 technology limitations described in part 414 of 

9 title 40, Code of Federal Regulations (as modi10 fied under subparagraph (A)) apply to covered 

11 facilities that produce fewer than 5,000,001 

12 pounds of covered products per year. 

13 (2) REVISED EFFLUENT LIMITATIONS GUIDE14 LINES FOR PETROCHEMICAL FEEDSTOCK AND POLY15 MER PRODUCTION.— 

16 (A) BAT AND NSPS STANDARDS.—Not 

17 later than 3 years after the date of enactment 

18 of this Act, the Administrator shall promulgate 

19 a final rule— 

20 (i) modifying sections 419.23, 419.26, 

21 419.33, and 419.36 of title 40, Code of 

22 Federal Regulations (as in effect on the 

23 date of enactment of this Act), to ensure 

24 that the best available technology and new 

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•S 4194 IS

1 dated best available technology and best 

2 available demonstrated control technology 

3 for all pollutants discharged by covered fa4 cilities producing petrochemical feedstocks 

5 and polymers; and 

6 (ii) modifying sections 419.26(a) and 

7 419.36(a) of title 40, Code of Federal Reg8 ulations (as in effect on the date of enact9 ment of this Act), to ensure that the new 

10 source performance standards for any 1 

11 day and for average of daily values for 30 

12 consecutive days for the priority pollutants 

13 described in appendix A to part 423 of 

14 title 40, Code of Federal Regulations (as 

15 in effect on the date of enactment of this 

16 Act), is 0 milligrams per liter, unless the 

17 Administrator— 

18 (I) determines that higher limits 

19 are necessary based on the best avail20 able demonstrated control technology; 

21 and 

22 (II) publishes the determination 

23 under subclause (I) and the proposed 

24 higher limits in a rulemaking. 


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•S 4194 IS

1 (B) RUNOFF LIMITATIONS FOR ETHYLENE

2 AND PROPYLENE PRODUCTION.—Not later than 

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

4 the Administrator shall promulgate a final rule 

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

6 title 40, Code of Federal Regulations (as in ef7 fect on the date of enactment of this Act), to 

8 ensure that runoff limitations that reflect best 

9 available demonstrated control technology are 

10 included. 

11 (e) ENVIRONMENTAL JUSTICE REQUIREMENTS FOR

12 COVERED FACILITIES.— 

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

14 the date of enactment of this Act, the Administrator 

15 shall promulgate a final rule to ensure that— 

16 (A) any proposed permit to be issued by 

17 the Administrator or a State agency to which 

18 authority is delegated under the Clean Air Act 

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

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

21 with respect to a covered facility is accompanied 

22 by an environmental justice assessment that— 

23 (i) assesses the direct, indirect, and 

24 cumulative economic, environmental, and 

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•S 4194 IS

1 mit on fenceline communities, considering 

2 conditions in existence on the date of the 

3 assessment and the foreseeable impacts of 

4 climate change, including physical climate 

5 risks; and 

6 (ii) proposes changes or alterations to 

7 the proposed permit that would, to the 

8 maximum extent practicable, eliminate or 

9 mitigate the impacts described in clause 

10 (i); 

11 (B) each proposed permit and environ12 mental justice assessment described in subpara13 graph (A) is delivered to applicable fenceline 

14 communities at the beginning of the public com15 ment period for the proposed permit for pur16 poses of notification and consultation, which 

17 shall include— 

18 (i) prompt notification— 

19 (I) through direct means, includ20 ing in non-English languages for lim21 ited English proficiency individuals; 

22 (II) through publications likely to 

23 be obtained by residents of the 

24 fenceline community, including non25 English language publications; and 


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•S 4194 IS

1 (III) in the form of a public 

2 hearing in the fenceline community— 

3 (aa) for which public notice 

4 is provided— 

5 (AA) not later than 60 

6 days before the date on 

7 which the public hearing is 

8 to be held; and 

9 (BB) using the means 

10 described in subclauses (I) 

11 and (II); 

12 (bb) for which translation 

13 services are provided; and 

14 (cc) that is accessible 

15 through live-streaming or alter16 native video streaming services 

17 for which translation services are 

18 provided; and 

19 (ii) after the prompt notification re20 quired under clause (i), consultation that— 

21 (I) facilitates effective collabora22 tion and informed policymaking that 

23 further recognizes the importance of 

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•S 4194 IS

1 gardless of whether specific regulatory 

2 or policy changes are being consid3 ered; 

4 (II) seeks information and input 

5 from fenceline communities by solic6 iting the collaboration, cooperation, 

7 and participation of those fenceline 

8 communities; 

9 (III) includes an in-person meet10 ing or a telephone conference that— 

11 (aa) is in a location, if appli12 cable, that is selected by those 

13 engaged in the consultation to be 

14 mutually accessible to representa15 tives of fenceline communities 

16 and applicable Federal or State 

17 government participants; and 

18 (bb) removes institutional 

19 and procedural impediments that 

20 adversely affect working directly 

21 with fenceline communities; 

22 (IV) ensures that any health or 

23 environmental concerns raised by 

24 fenceline communities will be properly 

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•S 4194 IS

1 sions to grant or deny the proposed 

2 permit; and 

3 (V) explains to the representa4 tives of the fenceline community the 

5 range of resulting actions that the Ad6 ministrator or State agency may take; 

7 (C) the Administrator or a State agency to 

8 which authority is delegated under the Clean 

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

10 Water Pollution Control Act (33 U.S.C. 1251 et 

11 seq.), as applicable, shall not approve a pro12 posed permit described in subparagraph (A) un13 less— 

14 (i) changes or alterations have been 

15 incorporated into the revised proposed per16 mit that, to the maximum extent prac17 ticable, eliminate or mitigate the impacts 

18 described in subparagraph (A)(i); 

19 (ii) the changes or alterations de20 scribed in clause (i) have been developed 

21 with meaningful input from residents or 

22 representatives of the fenceline community 

23 in which the covered facility to which the 

24 proposed permit would apply is located or 

25 seeks to locate; and 


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•S 4194 IS

1 (iii) the permit includes a community 

2 benefit agreement that— 

3 (I) has been entered into after 

4 the prompt notification and consulta5 tion required under clauses (i) and 

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

7 and 

8 (II) stipulates the benefits the 

9 covered facility agrees to fund or fur10 nish in exchange for community sup11 port for the covered facility, which 

12 may include— 

13 (aa) commitments to hire di14 rectly from a community; 

15 (bb) contributions to eco16 nomic and health trust funds; 

17 (cc) local workforce training 

18 guarantees; 

19 (dd) increased pollution con20 trol technologies; 

21 (ee) operation restrictions; 

22 (ff) financial assurances; 

23 and 

24 (gg) siting restrictions; 


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•S 4194 IS

1 (D) the Administrator or a State agency to 

2 which authority is delegated under the Clean 

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

4 Water Pollution Control Act (33 U.S.C. 1251 et 

5 seq.), as applicable, shall not approve a pro6 posed permit described in subparagraph (A) 

7 during the 45-day period beginning on the date 

8 on which a public hearing described in subpara9 graph (B)(i)(III) is held for the proposed per10 mit; 

11 (E) the approval of a proposed permit de12 scribed in subparagraph (A) is conditioned on 

13 the covered facility providing— 

14 (i) response strategies that fully pro15 tect public health and safety and the envi16 ronment in fenceline communities, for 

17 which the affected fenceline communities 

18 have the opportunity to provide meaningful 

19 input; and 

20 (ii) subject to subparagraph (F)— 

21 (I) comprehensive, continuous, 

22 real-time monitoring of ambient air 

23 quality— 

24 (aa) around the perimeter of 

25 the covered facility; and 


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•S 4194 IS

1 (bb) in any areas that can 

2 reasonably be impacted by the 

3 covered facility; 

4 (II) water quality testing of 

5 wastewater discharges from the cov6 ered facility; and 

7 (F) regardless of whether a permit has 

8 been sought or issued with respect to the chem9 ical, each covered facility shall conduct appro10 priate air and water quality monitoring and 

11 testing relating to each chemical produced at 

12 the covered facility in a quantity of more than 

13 100 pounds per year, and each chemical pro14 duced at the covered facility that is emitted in 

15 excess of the applicable level permitted under 

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

17 the Federal Water Pollution Control Act (33 

18 U.S.C. 1251 et seq.), as applicable, to ensure 

19 that any discharge of such a chemical into the 

20 air or water shall be— 

21 (i) reported to the Administrator by 

22 not later than 48 hours after receipt of the 

23 test result; and 

24 (ii) if a release of information to the 

25 public is not limited due to confidentiality 


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•S 4194 IS

1 concerns, made publicly available in ac2 cordance with subclauses (I) and (II) of 

3 subparagraph (B)(i). 

4 (2) REQUIREMENTS.— 

5 (A) INPUT.—The Administrator shall de6 velop the final rule under paragraph (1) with 

7 meaningful input from— 

8 (i) residents of fenceline communities; 

9 and 

10 (ii) representatives of fenceline com11 munities. 

12 (B) COMMUNITY CONSULTATION.—In car13 rying out consultation under paragraph 

14 (1)(B)(ii), the Administrator and each State 

15 agency to which authority is delegated under 

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

17 the Federal Water Pollution Control Act (33 

18 U.S.C. 1251 et seq.) shall establish a dedicated 

19 position that— 

20 (i) supports fenceline communities in 

21 understanding the technical nuances of the 

22 permit and regulatory process; and 

23 (ii) accounts for limited English pro24 ficiency individuals. 


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•S 4194 IS

1 (3) REPORT TO CONGRESS ON STATE PERMIT2 TING PROGRAMS.—Not later than 2 years after the 

3 date on which the final rule required under para4 graph (1) is published in the Federal Register, and 

5 not less frequently than once every 5 years there6 after, the Administrator shall submit to Congress a 

7 report evaluating the implementation by States of 

8 required environmental justice considerations pursu9 ant to that final rule in State permitting programs 

10 under the Clean Air Act (42 U.S.C. 7401 et seq.) 

11 and the Federal Water Pollution Control Act (33 

12 U.S.C. 1251 et seq.). 

13 (f) TOXIC SUBSTANCES.— 

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

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

16 2607(b)) is amended by adding at the end the fol17 lowing: 

18 ‘‘(11) PLASTICS.— 

19 ‘‘(A) DEFINITIONS OF COVERED FACILITY; 

20 COVERED PRODUCT; PLASTIC; SINGLE-USE

21 PLASTIC.—In this paragraph, the terms ‘cov22 ered facility’, ‘covered product’, ‘plastic’, and 

23 ‘single-use plastic’ have the meanings given 

24 those terms in section 3 of the Protecting Com25 munities from Plastics Act of 2024. 


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1 ‘‘(B) INVENTORY.—Not later than April 1, 

2 2027, and every 3 years thereafter, the Admin3 istrator shall prepare, and publish in the Fed4 eral Register, an inventory of plastic manufac5 turing, distribution in commerce, and trade in 

6 the United States. 

7 ‘‘(C) PROCESS.—In preparing the inven8 tory under subparagraph (B), the Adminis9 trator shall— 

10 ‘‘(i) identify— 

11 ‘‘(I) each covered facility; and 

12 ‘‘(II) any other manufacturer of 

13 plastic products; 

14 ‘‘(ii) identify— 

15 ‘‘(I) the monomers and polymers 

16 associated with plastic production; 

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

18 products manufactured; and 

19 ‘‘(III) the associated quantities of 

20 polymer and product manufacture and 

21 uses; 

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

23 manufactured— 

24 ‘‘(I) in the aggregate; and 

25 ‘‘(II) by use category; 


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1 ‘‘(iv) quantify the percentage of post2 consumer recycled material content of 

3 feedstocks for manufacture of the types of 

4 plastic products identified under clause 

5 (ii)(II); 

6 ‘‘(v) provide information and quan7 tified estimates regarding the fate of the 

8 plastic products at the end of useful life; 

9 ‘‘(vi) identify the chemicals used in 

10 polymer or plastic production that may 

11 pose a potential risk to human health and 

12 the environment, taking into account the 

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

14 which shall include, at a minimum, the in15 formation described in subparagraphs (A) 

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

17 ‘‘(vii) specify any chemicals identified 

18 under clause (vi)— 

19 ‘‘(I) that are undergoing regu20 latory action under section 6; or 

21 ‘‘(II) for which regulatory action 

22 under section 6 is anticipated during 

23 the following 3 years; 

24 ‘‘(viii) for each chemical identified 

25 under clause (vi) that is not specified 


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1 under clause (vii), provide a timetable for 

2 regulatory action under section 6 and any 

3 other recommended actions, including pro4 posed revisions of Federal law or regula5 tions, to achieve further reductions in plas6 tic manufacture or distribution in com7 merce; and 

8 ‘‘(ix) propose revisions to Federal law 

9 or regulations to achieve further reductions 

10 in plastic manufacture or distribution in 

11 commerce. 

12 ‘‘(D) REPORTING.— 

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

14 preparation of the inventory under sub15 paragraph (B), notwithstanding section 

16 3(2)(B), each person that manufactures a 

17 covered product used in plastic production, 

18 and each person that manufactures a plas19 tic product, shall submit to the Adminis20 trator periodic reports at such time and in21 cluding such information as the Adminis22 trator shall determine, by rule. 

23 ‘‘(ii) PROMULGATION OF RULE.—Not 

24 later than July 1, 2026, the Administrator 


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1 shall promulgate the rule described in 

2 clause (i). 

3 ‘‘(iii) PREVIOUSLY SUBMITTED INFOR4 MATION.—To avoid duplication, informa5 tion previously submitted to the Adminis6 trator under this section may be consid7 ered to be partially compliant with the re8 porting requirements of this subparagraph 

9 if the information previously submitted is 

10 an accurate reflection of the current infor11 mation. 

12 ‘‘(iv) PUBLIC AVAILABILITY.—The 

13 Administrator shall make available to the 

14 public, in an accessible database, the re15 ports submitted under clause (i), in accord16 ance with section 14.’’. 

17 (2) CUMULATIVE HEALTH RISKS POSED BY

18 COVERED FACILITIES.— 

19 (A) DEFINITIONS.—In this paragraph: 

20 (i) CHEMICAL SUBSTANCE; MIX21 TURE.—The terms ‘‘chemical substance’’ 

22 and ‘‘mixture’’ have the meanings given 

23 those terms in section 3 of the Toxic Sub24 stances Control Act (15 U.S.C. 2602). 


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1 (ii) COVERED FACILITY.—The term 

2 ‘‘covered facility’’ means a covered facility 

3 identified in the inventory. 

4 (iii) INVENTORY.—The term ‘‘inven5 tory’’ means the inventory published under 

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

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

8 2607(b)). 

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

10 2029, taking into account the inventory, the 

11 Administrator shall conduct a single assessment 

12 of the aggregate, cumulative public health im13 pacts on fenceline communities at covered facili14 ties. 

15 (C) REQUIREMENTS.—The assessment 

16 under subparagraph (B) shall— 

17 (i) ascertain the potentially exposed or 

18 susceptible subpopulations; 

19 (ii) estimate the magnitude of the po20 tential health impacts on— 

21 (I) fenceline communities gen22 erally; and 

23 (II) more exposed or susceptible 

24 subpopulations specifically; 


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1 (iii) determine which chemical sub2 stances or mixtures may be causing or con3 tributing to potential adverse public health 

4 impacts; 

5 (iv) include an assessment of— 

6 (I) the cumulative exposures as7 sociated with covered facilities from 

8 all chemicals used to make plastic 

9 polymers, considering conditions in ex10 istence on the date of the assessment 

11 and the foreseeable impacts of climate 

12 change, including physical climate 

13 risks; 

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

16 and byproducts) produced from— 

17 (aa) the use of the plastic 

18 polymers as feedstocks for other 

19 chemicals; and 

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

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

24 additives, and byproducts) on— 


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•S 4194 IS

1 (aa) the recyclability of plas2 tics; 

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

5 packaging; and 

6 (cc) public health; and 

7 (v) focus on— 

8 (I) communities located near cov9 ered facilities; 

10 (II) workers at covered facilities; 

11 (III) other potentially exposed or 

12 susceptible subpopulations; and 

13 (IV) impacts in other countries 

14 resulting from— 

15 (aa) volatile organic com16 pounds, metals, and other toxic 

17 additives and air emissions of 

18 foreign recycling facilities; 

19 (bb) the export from the 

20 United States of plastic products, 

21 intermediary products (such as 

22 pellets), and plastic waste from 

23 covered facilities; 

24 (cc) disposal and manage25 ment of unrecycled fractions 


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1 from the exports described in 

2 item (bb); 

3 (dd) water and land pollu4 tion resulting from importation 

5 of those exports; and 

6 (ee) the legality of those im7 ports, including under the Basel 

8 Convention on the Control of 

9 Transboundary Movements of 

10 Hazardous Wastes and Their 

11 Disposal, done at Basel, Switzer12 land, March 22, 1989. 

13 (D) PROCEDURAL REQUIREMENTS.—The 

14 assessment under subparagraph (B) shall be 

15 subject to— 

16 (i) public notice and an opportunity 

17 for public comment; and 

18 (ii) peer review by the Science Advi19 sory Committee on Chemicals established 

20 under section 26(o) of the Toxic Sub21 stances Control Act (15 U.S.C. 2625(o)). 

22 (3) HIGH-PRIORITY SUBSTANCES.— 

23 (A) STYRENE AND VINYL CHLORIDE.—Not 

24 later than 2 years after the date of enactment 

25 of this Act, the Administrator, after public noVerDate Sep 11 2014 23:08 May 13, 2024 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S4194.IS S4194

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1 tice and an opportunity for comment, shall 

2 make a final prioritization determination under 

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

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

5 (i) styrene (including polystyrene); 

6 and 

7 (ii) vinyl chloride (including polyvinyl 

8 chloride). 

9 (B) OTHER CHEMICALS OR MIXTURES.— 

10 With respect to any chemical substances or 

11 mixtures (as those terms are defined in section 

12 3 of the Toxic Substances Control Act (15 

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

14 (A) and identified in the assessment under 

15 paragraph (2) as causing or contributing to po16 tential adverse public health impacts, the Ad17 ministrator shall— 

18 (i) include those chemical substances 

19 or mixtures in any subsequently published 

20 inventory; and 

21 (ii) specify applicable timetables for 

22 action as part of the inventory in accord23 ance with clause (vii) or (viii) of paragraph 

24 (11) of section 8(b) of the Toxic Sub25 stances Control Act (15 U.S.C. 2607(b)). 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

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

3 be appropriated to the Administrator such sums 

4 as are necessary to carry out this subsection 

5 and the amendments made by this subsection. 

6 (B) MAINTENANCE OF FUNDING.—The 

7 funding provided under this paragraph shall 

8 supplement, not supplant, other Federal fund9 ing to carry out the Toxic Substances Control 

10 Act (15 U.S.C. 2601 et seq.). 

11 (g) HAZARDOUS WASTE.—Not later than 180 days 

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

13 shall initiate a rulemaking to list discarded polyvinyl chlo14 ride as a hazardous waste under the Solid Waste Disposal 

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

16 (h) CUMULATIVE IMPACT REQUIREMENTS FOR COV17 ERED FACILITIES.— 

18 (1) FEDERAL WATER POLLUTION CONTROL

19 ACT.—Section 402 of the Federal Water Pollution 

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

21 (A) by striking the section designation and 

22 heading and all that follows through ‘‘Except 

23 as’’ in subsection (a)(1) and inserting the fol24 lowing: 


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1 ‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI2 NATION SYSTEM. 

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

4 ‘‘(1) IN GENERAL.—Except as’’; 

5 (B) in subsection (a)— 

6 (i) in paragraph (1)— 

7 (I) by striking ‘‘upon condition 

8 that such discharge will meet either 

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

10 ‘‘subject to the conditions that— 

11 ‘‘(A) the discharge will achieve compliance 

12 with— 

13 ‘‘(i) all’’; 

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

15 or (B) prior’’ and inserting the fol16 lowing: ‘‘403; or 

17 ‘‘(ii) prior’’; and 

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

19 inserting the following: ‘‘this Act; and 

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

21 issuance or renewal of the permit to a covered 

22 facility (as defined in section 3 of the Pro23 tecting Communities from Plastics Act of 

24 2024)— 

25 ‘‘(i) based on an analysis by the Ad26 ministrator of existing water quality and 


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1 the potential cumulative impacts (as de2 fined in section 501 of the Clean Air Act 

3 (42 U.S.C. 7661)) of the discharge from 

4 the covered facility (as so defined), consid5 ered in conjunction with the designated 

6 and actual uses of the impacted navigable 

7 water, there exists a reasonable certainty 

8 of no harm to the health of the general 

9 population, or to any potentially exposed or 

10 susceptible subpopulation; or 

11 ‘‘(ii) if the Administrator determines 

12 that, due to those potential cumulative im13 pacts, there does not exist a reasonable 

14 certainty of no harm to the health of the 

15 general population, or to any potentially 

16 exposed or susceptible subpopulation, the 

17 permit or renewal includes such terms and 

18 conditions as the Administrator determines 

19 to be necessary to ensure a reasonable cer20 tainty of no harm.’’; and 

21 (ii) in paragraph (2), by striking ‘‘as22 sure compliance with the requirements of 

23 paragraph (1) of this subsection, including 

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1 ments as he deems appropriate.’’ and in2 serting the following: ‘‘ensure compliance 

3 with the requirements of paragraph (1), in4 cluding— 

5 ‘‘(A) conditions relating to— 

6 ‘‘(i) data and information collection; 

7 ‘‘(ii) reporting; and 

8 ‘‘(iii) such other requirements as the 

9 Administrator determines to be appro10 priate; and 

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

12 defined in section 3 of the Protecting Commu13 nities from Plastics Act of 2024) additional 

14 controls or pollution prevention requirements.’’; 

15 and 

16 (C) in subsection (b)— 

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

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

19 the semicolon at the end and inserting a 

20 period; 

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

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

23 and 

24 (iii) by adding at the end the fol25 lowing: 


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

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

3 section 3 of the Protecting Communities from Plas4 tics Act of 2024) if, with respect to an application 

5 for the permit, the State determines, based on an 

6 analysis by the State of existing water quality and 

7 the potential cumulative impacts (as defined in sec8 tion 501 of the Clean Air Act (42 U.S.C. 7661)) of 

9 the discharge from the covered facility (as so de10 fined), considered in conjunction with the designated 

11 and actual uses of the impacted navigable water, 

12 that the terms and conditions of the permit or re13 newal would not be sufficient to ensure a reasonable 

14 certainty of no harm to the health of the general 

15 population, or to any potentially exposed or suscep16 tible subpopulation.’’. 

17 (2) CLEAN AIR ACT.— 

18 (A) DEFINITIONS.—Section 501 of the 

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

20 (i) in the matter preceding paragraph 

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

22 and inserting ‘‘In this title:’’; 

23 (ii) by redesignating paragraphs (2), 

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

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1 graphs so as to appear in numerical order; 

2 and 

3 (iii) by inserting after paragraph (1) 

4 the following: 

5 ‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu6 lative impacts’ means any exposure, public health or 

7 environmental risk, or other effect occurring in a 

8 specific geographical area, including from an emis9 sion or release— 

10 ‘‘(A) including— 

11 ‘‘(i) environmental pollution re12 leased— 

13 ‘‘(I) routinely; 

14 ‘‘(II) accidentally; or 

15 ‘‘(III) otherwise; and 

16 ‘‘(ii) as assessed based on the com17 bined past, present, and reasonably fore18 seeable emissions and discharges affecting 

19 the geographical area, considering condi20 tions in existence on the date of the assess21 ment and the foreseeable impacts of cli22 mate change, including physical climate 

23 risks (as defined in section 3 of the Pro24 tecting Communities from Plastics Act of 

25 2024); and 


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1 ‘‘(B) evaluated taking into account sen2 sitive populations and socioeconomic factors, 

3 where applicable.’’. 

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

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

6 amended— 

7 (i) in paragraph (5)— 

8 (I) in subparagraphs (A) and 

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

10 appears and inserting ‘‘ensure’’; and 

11 (II) by striking subparagraph (F) 

12 and inserting the following: 

13 ‘‘(F) ensure that no permit will be issued 

14 to or renewed for a covered facility (as defined 

15 in section 3 of the Protecting Communities 

16 from Plastics Act of 2024), as applicable, if— 

17 ‘‘(i) with respect to an application for 

18 a permit or renewal of a permit for a 

19 major source that is a covered facility (as 

20 so defined), the permitting authority deter21 mines under paragraph 

22 (9)(C)(ii)(I)(bb)(BB) that the terms and 

23 conditions of the permit or renewal would 

24 not be sufficient to ensure a reasonable 

25 certainty of no harm to the health of the 


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1 general population, or to any potentially 

2 exposed or susceptible subpopulation, of 

3 the applicable census tracts or Tribal cen4 sus tracts (as those terms are defined by 

5 the Director of the Bureau of the Census); 

6 or 

7 ‘‘(ii) the Administrator objects to the 

8 issuance of the permit in a timely manner 

9 under this title.’’; and 

10 (ii) in paragraph (9)— 

11 (I) in the fourth sentence, by 

12 striking ‘‘Such permit revision’’ and 

13 inserting the following: 

14 ‘‘(iii) TREATMENT AS RENEWAL.—A 

15 permit revision under this paragraph’’; 

16 (II) in the third sentence, by 

17 striking ‘‘No such revision shall’’ and 

18 inserting the following: 

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

20 this paragraph shall not’’; 

21 (III) in the second sentence, by 

22 striking ‘‘Such revisions’’ and insert23 ing the following: 

24 ‘‘(B) REVISION REQUIREMENTS.— 


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

2 in subparagraph (A) or (C)’’; 

3 (IV) by striking ‘‘(9) A require4 ment’’ and inserting the following: 

5 ‘‘(9) MAJOR SOURCES.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (C), a requirement that’’; and 

8 (V) by adding at the end the fol9 lowing: 

10 ‘‘(C) CERTAIN PLASTICS FACILITIES.— 

11 ‘‘(i) DEFINITION OF COVERED FACIL12 ITY.—In this subparagraph, the term ‘cov13 ered facility’ has the meaning given the 

14 term in section 3 of the Protecting Com15 munities from Plastics Act of 2024. 

16 ‘‘(ii) ADDITIONAL REQUIREMENTS.— 

17 With respect to any permit or renewal of 

18 a permit, as applicable, for a major source 

19 that is a covered facility, the permitting 

20 authority, in determining whether to issue 

21 or renew the permit, shall— 

22 ‘‘(I) evaluate the potential cumu23 lative impacts of the proposed covered 

24 facility, as described in the applicable 


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1 cumulative impacts analysis submitted 

2 under section 503(b)(3); 

3 ‘‘(II) if, due to those potential 

4 cumulative impacts, the permitting 

5 authority cannot determine that there 

6 exists a reasonable certainty of no 

7 harm to the health of the general pop8 ulation, or to any potentially exposed 

9 or susceptible subpopulation, of any 

10 census tracts or Tribal census tracts 

11 (as those terms are defined by the Di12 rector of the Bureau of the Census) 

13 located in, or immediately adjacent to, 

14 the area in which the covered facility 

15 is, or is proposed to be, located— 

16 ‘‘(aa) include in the permit 

17 or renewal such terms and condi18 tions (including additional con19 trols or pollution prevention re20 quirements) as the permitting 

21 authority determines to be nec22 essary to ensure a reasonable cer23 tainty of no harm; or 

24 ‘‘(bb) if the permitting au25 thority determines that terms 


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1 and conditions described in item 

2 (aa) would not be sufficient to 

3 ensure a reasonable certainty of 

4 no harm, deny the issuance or re5 newal of the permit; 

6 ‘‘(III) determine whether the ap7 plicant is a persistent violator, based 

8 on such criteria relating to the history 

9 of compliance by an applicant with 

10 this Act as the Administrator shall es11 tablish by not later than 180 days 

12 after the date of enactment of the 

13 Protecting Communities from Plastics 

14 Act of 2024; 

15 ‘‘(IV) if the permitting authority 

16 determines under subclause (III) that 

17 the applicant is a persistent violator 

18 and the permitting authority does not 

19 deny the issuance or renewal of the 

20 permit pursuant to subclause 

21 (V)(bb)— 

22 ‘‘(aa) require the applicant 

23 to submit a redemption plan that 

24 describes, if the applicant is not 

25 in compliance with this Act, 


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1 measures the applicant will carry 

2 out to achieve that compliance, 

3 together with an approximate 

4 deadline for that achievement, 

5 measures the applicant will carry 

6 out, or has carried out to ensure 

7 the applicant will remain in com8 pliance with this Act, and to 

9 mitigate the environmental and 

10 health effects of noncompliance, 

11 and the measures the applicant 

12 has carried out in preparing the 

13 redemption plan to consult or ne14 gotiate with the communities af15 fected by each persistent viola16 tion addressed in the plan; and 

17 ‘‘(bb) once such a redemp18 tion plan is submitted, determine 

19 whether the plan is adequate to 

20 ensuring that the applicant will 

21 achieve compliance with this Act 

22 expeditiously, will remain in com23 pliance with this Act, will miti24 gate the environmental and 

25 health effects of noncompliance, 


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1 and has solicited and responded 

2 to community input regarding 

3 the redemption plan; and 

4 ‘‘(V) deny the issuance or re5 newal of the permit if the permitting 

6 authority determines that— 

7 ‘‘(aa) the redemption plan 

8 submitted under subclause 

9 (IV)(aa) is inadequate; or 

10 ‘‘(bb)(AA) the applicant has 

11 submitted a redemption plan on 

12 a prior occasion, but continues to 

13 be a persistent violator; and 

14 ‘‘(BB) no indication of ex15 tremely exigent circumstances ex16 cusing the persistent violations 

17 exists.’’. 

18 (C) PERMIT APPLICATIONS.—Section 

19 503(b) of the Clean Air Act (42 U.S.C. 

20 7661b(b)) is amended by adding at the end the 

21 following: 

22 ‘‘(3) ANALYSES FOR CERTAIN PLASTICS FACILI23 TIES.—The regulations required by section 502(b) 

24 shall include a requirement that an applicant for a 

25 permit or renewal of a permit for a major source 


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1 that is a covered facility (as defined in section 3 of 

2 the Protecting Communities from Plastics Act of 

3 2024) shall submit, together with the compliance 

4 plan required under this subsection, a cumulative 

5 impacts analysis for each census block tract or Trib6 al census block tract (as those terms are defined by 

7 the Director of the Bureau of the Census) located 

8 within 10 kilometers of, or immediately adjacent to, 

9 the area in which the major source that is a covered 

10 source (as so defined) is, or is proposed to be, lo11 cated that analyzes— 

12 ‘‘(A) community demographics and loca13 tions of community exposure points, such as 

14 residences, schools, day care centers, nursing 

15 homes, hospitals, health clinics, places of reli16 gious worship, parks, playgrounds, and commu17 nity centers; 

18 ‘‘(B) air quality (including with respect to 

19 hazardous air pollutants and criteria pollutants) 

20 and the potential effect on that air quality of 

21 emissions of air pollutants (including pollutants 

22 listed under section 108 or 112) from the pro23 posed covered facility (as so defined), including 

24 in combination with existing sources of pollut25 ants; 


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1 ‘‘(C) the potential effects on soil quality, 

2 water quality, and fish and game of emissions 

3 of air and water pollutants that could contami4 nate soil or water from the proposed major 

5 source, including in combination with existing 

6 sources of pollutants; and 

7 ‘‘(D) public health and any potential ef8 fects on public health of the proposed covered 

9 facility (as so defined).’’. 

10 (i) FINANCIAL ASSURANCE REQUIREMENTS FOR

11 COVERED FACILITIES.— 

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

13 the date of enactment of this Act, the Administrator 

14 shall develop and require as a condition to receiving 

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

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

17 (33 U.S.C. 1251 et seq.) financial assurance require18 ments for new covered facilities that demonstrate 

19 the presence of sufficient financial resources— 

20 (A) to safely close the covered facility at 

21 the end of the operational life of the covered fa22 cility; or 

23 (B) to provide appropriate emergency re24 sponse in the case of an accidental release. 


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1 (2) APPLICATION TO EXISTING COVERED FA2 CILITIES.—The financial assurance requirements 

3 under paragraph (1) shall apply to existing covered 

4 facilities at the time at which an existing covered fa5 cility seeks renewal of a permit under the Clean Air 

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

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

8 applicable. 

9 (j) SITING RESTRICTIONS FOR NEW COVERED FA10 CILITIES.—The issuance or approval of a permit under the 

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

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

13 a new covered facility, or for the expansion of an existing 

14 covered facility, shall be prohibited within 5 miles of a 

15 community building or area, including a school, a resi16 dence, a daycare center, a nursing home, a hospital, a 

17 health clinic, a place of religious worship, a park, a play18 ground, and a community center. 

19 SEC. 5. FEDERAL SOURCE REDUCTION AND REUSE TAR20 GETS. 

21 (a) DEFINITION OF SOURCE REDUCTION.— 

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

23 ‘‘source reduction’’ means the reduction in the quan24 tity of single-use plastic packaging and food service 

25 product created by producers relative to the baseline 


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1 established pursuant to subsection (b)(1) by methods 

2 that may include— 

3 (A) shifting to reusable or refillable pack4 aging or food service product systems; or 

5 (B) eliminating unnecessary packaging. 

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

7 ‘‘source reduction’’ does not include— 

8 (A) replacing a recyclable or compostable 

9 single-use plastic packaging or food service 

10 product with— 

11 (i) a nonrecyclable or noncompostable 

12 single-use plastic packaging or food service 

13 product; or 

14 (ii) a single-use plastic packaging or 

15 food service product that is less likely to be 

16 recycled or composted; or 

17 (B) switching from virgin single-use plastic 

18 packaging or food service product to plastic 

19 postconsumer recycled content. 

20 (b) FEDERAL SOURCE REDUCTION TARGETS.— 

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

22 2027, the Administrator shall promulgate regula23 tions to establish a baseline quantity, by total weight 

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

25 packaging and food service product produced, sold, 


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1 offered for sale, imported, or distributed in the 

2 United States during calendar year 2026. 

3 (2) REDUCTION TARGETS.— 

4 (A) IN GENERAL.—Not later than Decem5 ber 31, 2029, the Administrator shall promul6 gate regulations to establish phased source re7 duction targets for all single-use plastic pack8 aging and food service product produced, sold, 

9 offered for sale, imported, or distributed in the 

10 United States, which shall be organized by 

11 product category. 

12 (B) MINIMUM.—The phased source reduc13 tion targets established under subparagraph (A) 

14 shall include a source reduction target of not 

15 less than 25 percent by 2034. 

16 (c) FEDERAL REUSE AND REFILL TARGETS.— 

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

18 2027, the Administrator shall promulgate regula19 tions to establish phased reuse and refill targets for 

20 all plastic packaging and food service product pro21 duced, sold, offered for sale, imported, or distributed 

22 in the United States. 

23 (2) MINIMUM.—The phased reuse and refill tar24 gets established under paragraph (1) shall include 


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1 reuse and refill targets of not less than 30 percent 

2 by 2034. 

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

4 any single-use plastic used for— 

5 (1) medical equipment, supplements, medical 

6 devices, consumer personal protective equipment, or 

7 other products determined by the Secretary of 

8 Health and Human Services to necessarily be made 

9 of plastic for the protection of public health or for 

10 people with disabilities; 

11 (2) packaging that is— 

12 (A) for any product described in paragraph 

13 (1) that is determined by the Secretary of 

14 Health and Human Services to necessarily be 

15 made of plastic for the protection of public 

16 health or for people with disabilities; or 

17 (B) used for the shipment of hazardous 

18 materials that is prohibited from being com19 posed of used materials under section 178.509 

20 or 178.522 of title 49, Code of Federal Regula21 tions (as in effect on the date of enactment of 

22 this Act); or 

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

24 intended use of the product, could become unsafe or 

25 unsanitary to recycle, such as a diaper. 


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1 SEC. 6. ADVANCING REFILLABLE AND REUSABLE SYSTEMS. 

2 (a) GRANT PROGRAM TO SUPPORT EQUITY AND IN3 NOVATION IN REFILLABLE AND REUSABLE PACK4 AGING.— 

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

6 the date of enactment of this Act, the Administrator 

7 shall establish a competitive grant program (referred 

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

9 grants to eligible entities described in paragraph (3) 

10 to carry out scalable reuse and refill projects in ac11 cordance with this subsection. 

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

13 under the program, a reuse and refill project shall 

14 evaluate the efficacy and cost-effectiveness of tools, 

15 technologies, and techniques for 1 or more of the fol16 lowing objectives: 

17 (A) Expanding reuse and refill programs 

18 to replace single-use plastics currently used in 

19 consumer goods industries, including replace20 ment with food service and consumer food and 

21 beverage products that— 

22 (i) are affordable, convenient, scalable, 

23 nontoxic, and equitable; and 

24 (ii) satisfy the requirements described 

25 in section 3(20)(A). 


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1 (B) Expanding consumer knowledge of 

2 reuse and refill programs, including through the 

3 development of accessible educational and out4 reach programs and materials. 

5 (C) Installing and expanding access to 

6 publicly available water bottle refilling stations. 

7 (D) Installing and expanding access to 

8 sanitation infrastructure in public or commu9 nity buildings to enable safe and hygienic reuse, 

10 including dishwashers and sanitation stations. 

11 (3) ELIGIBLE ENTITIES.—To be eligible to re12 ceive a grant under the program, an entity shall 

13 be— 

14 (A) an educational institution, including an 

15 institution of higher education; 

16 (B) a nonprofit or community-based orga17 nization; 

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

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

20 other organization; or 

21 (E) a public-private partnership. 

22 (4) NONTOXIC REQUIREMENTS.—Materials 

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

24 program shall not contain— 


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1 (A) toxic heavy metals, pathogens, or addi2 tives, including— 

3 (i) a perfluoroalkyl or polyfluoroalkyl 

4 substance; 

5 (ii) an ortho-phthalate; 

6 (iii) a bisphenol compound (not in7 cluding an alkyl-substituted bisphenol com8 pound generated through a xylenol9 aldehyde process); or 

10 (iv) a halogenated flame retardant; or 

11 (B) chemical substances designated as 

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

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

14 2605(b)(1)), including the chemicals or mix15 tures of chemicals described in section 4(f)(3). 

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

17 program, the Administrator shall— 

18 (A) give priority to projects that will di19 rectly benefit populations of color, communities 

20 of color, indigenous communities, rural commu21 nities, and low-income communities; 

22 (B) give priority to a project that achieves 

23 more than 1 of the objectives described in para24 graph (2); and 


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1 (C) ensure that a grant is provided to 

2 carry out a project in each region of the Envi3 ronmental Protection Agency. 

4 (6) PRIZE COMPETITION.— 

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

6 after the first round of grants is awarded under 

7 the program, the Administrator shall establish 

8 a prize competition under which the Adminis9 trator shall— 

10 (i) evaluate the projects carried out by 

11 each recipient of a grant under the pro12 gram; and 

13 (ii) award a prize to 1 of those recipi14 ents. 

15 (B) AMOUNT.—The Administrator shall 

16 determine the amount of the prize under this 

17 paragraph. 

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

19 this paragraph shall use the amount of the 

20 prize to demonstrate that the reuse or refill 

21 project carried out by the recipient under the 

22 program— 

23 (i) is scalable; 

24 (ii) serves the community in which the 

25 program is carried out; and 


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1 (iii) is implemented in a sustainable 

2 and equitable manner. 

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

4 date on which the Administrator establishes the pro5 gram, the Administrator shall submit to Congress a 

6 report describing the effectiveness of the projects 

7 carried out under the program. 

8 (8) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated such sums 

10 as are necessary to carry out the program. 

11 (b) REPORT ON REUSE AND REFILL PRODUCT DE12 LIVERY SYSTEMS.— 

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

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

15 thereafter, the Administrator shall make publicly 

16 available a report on feasibility and best practices 

17 relating to reuse and refill within the following sec18 tors: 

19 (A) Food service, including— 

20 (i) take out; 

21 (ii) delivery of prepared meals; and 

22 (iii) meal kits. 

23 (B) Consumer food and beverage products. 

24 (C) Consumer cleaning products. 

25 (D) Consumer personal care products. 


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1 (E) Transportation or shipping of whole2 sale and retail goods. 

3 (F) Public educational institutions, includ4 ing institutions of higher education. 

5 (G) Other sectors, as identified by the Ad6 ministrator. 

7 (2) OBJECTIVES.—The report under paragraph 

8 (1) shall evaluate and summarize— 

9 (A) types of reuse and refill product deliv10 ery systems that can be best used at different 

11 scales; 

12 (B) methods to ensure equitable distribu13 tion of reuse and refill product delivery systems 

14 in populations of color, communities of color, 

15 indigenous communities, and low-income com16 munities; 

17 (C) job creation opportunities through the 

18 use or expansion of reuse and refill systems; 

19 (D) economic costs and benefits for— 

20 (i) the businesses that deploy reuse 

21 and refill technologies; and 

22 (ii) the parties responsible for waste 

23 collection and management; 


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1 (E) types of local, State, and Federal sup2 port needed to expand the use of reuse and re3 fill systems; and 

4 (F) existing barriers to widespread imple5 mentation of reuse and refill systems. 

6 (3) CONSIDERATION.—In preparing the report 

7 under paragraph (1), the Administrator shall con8 sider relevant information on reuse and refill pro9 grams and approaches in States, units of local gov10 ernment, and other countries. 

11 SEC. 7. STUDIES; AGENCY DIRECTIVES. 

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

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

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

15 (b) NATIONAL RECYCLING STRATEGY LIMITATION.— 

16 The Administrator shall not expand the scope of the Na17 tional Recycling Strategy of the Environmental Protection 

18 Agency to include facilities that treat plastic waste 

19 through the use of pyrolysis, gasification, or similar chem20 ical recycling technologies. 

21 (c) FOOD AND DRUG ADMINISTRATION STUDY.— 

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

23 and Drugs, in consultation with the Secretary of Ag24 riculture and the heads of other necessary Federal 

25 departments and agencies, such as the Director of 


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1 the National Institute of Standards and Technology, 

2 shall conduct a nationwide study on the presence 

3 and sources of microplastics in food (including 

4 drink) products, including food products containing 

5 fish, meat, fruits, or vegetables. 

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

7 date of enactment of this Act, the Commissioner of 

8 Food and Drugs shall submit to Congress, and make 

9 publicly available, a report describing the results of 

10 the study under this subsection. 

11 (3) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated such sums 

13 as are necessary to carry out this subsection. 

14 (d) MICROPLASTICS PILOT PROGRAM.— 

15 (1) ESTABLISHMENT.—The Administrator shall 

16 establish a pilot program (referred to in this sub17 section as the ‘‘pilot program’’) to test the efficacy 

18 and cost-effectiveness of tools, technologies, and 

19 techniques— 

20 (A) to remove microplastics from the envi21 ronment without causing additional harm to the 

22 environment; and 

23 (B) to prevent the release of microplastics 

24 into the environment. 


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

2 program, the Administrator shall include testing of, 

3 and an analysis and mitigation of any environmental 

4 impacts on— 

5 (A) natural infrastructure; 

6 (B) green infrastructure (as defined in sec7 tion 502 of the Federal Water Pollution Control 

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

9 (C) mechanical removal systems (such as 

10 pumps) and filtration technologies, including 

11 consideration of potential negative ecological 

12 impacts that may result from filtration in nat13 ural waterways and ocean waters. 

14 (3) ELIGIBLE LOCATIONS.—The Administrator 

15 may carry out under the pilot program projects lo16 cated in— 

17 (A) stormwater systems; 

18 (B) wastewater treatment facilities; 

19 (C) drinking water systems; 

20 (D) ports, harbors, inland waterways, estu21 aries, and marine environments; and 

22 (E) roadways, highways, and other streets 

23 used for vehicular travel. 


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1 (4) OUTREACH.—In determining selection cri2 teria and projects to carry out under the pilot pro3 gram, the Administrator shall conduct outreach to— 

4 (A) the Interagency Marine Debris Coordi5 nating Committee established by section 5(a) of 

6 the Marine Debris Act (33 U.S.C. 1954(a)); 

7 and 

8 (B) stakeholders and experts in the appli9 cable field, as determined by the Administrator. 

10 (5) REPORTS.— 

11 (A) OUTREACH ACTIVITIES.—Not later 

12 than 180 days after the date of enactment of 

13 this Act, the Administrator shall submit to Con14 gress a report describing the outreach con15 ducted under paragraph (4). 

16 (B) PROJECT EFFECTIVENESS.—Not later 

17 than 3 years after the date on which the Ad18 ministrator establishes the pilot program, the 

19 Administrator shall submit to Congress a report 

20 describing the effectiveness of projects carried 

21 out under the pilot program. 

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

23 year after the date on which the Administrator sub24 mits to Congress the report required under para25 graph (5)(B), the Administrator shall initiate a ruleVerDate Sep 11 2014 23:08 May 13, 2024 Jkt 049200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S4194.IS S4194

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1 making to address abatement and mitigation of 

2 microplastics in the locations described in paragraph 

3 (3) using technologies and methods tested under the 

4 pilot program. 

5 (7) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated such sums 

7 as are necessary to carry out this subsection. 

8 (e) NATIONAL INSTITUTES OF HEALTH RE9 SEARCH.— 

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

11 Institutes of Health shall conduct or support re12 search on the presence of microplastics in the 

13 human body, which may include determining how 

14 the presence of microplastics in organs and biospeci15 mens, including urine, breastmilk, and stool, impacts 

16 human health. 

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

18 date of enactment of this Act, and annually for each 

19 of the 4 years thereafter, the Director of the Na20 tional Institutes of Health shall submit to Congress, 

21 and make publicly available, a report that provides 

22 an overview of the research conducted or supported 

23 under this subsection, together with any relevant 

24 findings. 


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1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this subsection. 

4 SEC. 8. REDUCING SINGLE-USE PLASTICS IN AGRI5 CULTURE. 

6 (a) BIODEGRADABLE WEED BARRIERS PRACTICES

7 UNDER THE ENVIRONMENTAL QUALITY INCENTIVES

8 PROGRAM.—The Secretary of Agriculture shall designate 

9 a project to replace the use of on-farm plastic weed bar10 riers and weed mitigants with nonplastic, biodegradable 

11 alternatives as an agricultural conservation practice or en12 hancement that meets the requirement described in sec13 tion 21001(a)(1)(B)(iii) of Public Law 117–169 (136 

14 Stat. 2016) (commonly known as the ‘‘Inflation Reduction 

15 Act of 2022’’). 

16 (b) SINGLE-USE PLASTIC FARM PRODUCT PACK17 AGING REDUCTION GRANTS.—Section 210A of the Agri18 cultural Marketing Act of 1946 (7 U.S.C. 1627c) is 

19 amended— 

20 (1) in subsection (b)— 

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

22 the end; 

23 (B) by redesignating paragraph (6) as 

24 paragraph (7); and 


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

2 following: 

3 ‘‘(6) supports the reduction of single-use plas4 tics from the post-production distribution packaging 

5 of agricultural producers; and’’; 

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

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

8 (3) in paragraph (1) of subsection (i) (as so re9 designated), in the matter preceding subparagraph 

10 (A), by striking ‘‘subsection (i)(3)(E)’’ and inserting 

11 ‘‘subsection (j)(3)(E)’’; 

12 (4) by striking ‘‘subsection (i)’’ each place it 

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

14 (5) by inserting after subsection (e) the fol15 lowing: 

16 ‘‘(f) SINGLE-USE PLASTIC FARM PRODUCT PACK17 AGING REDUCTION GRANTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary, acting 

19 through the Administrator of the Agricultural Mar20 keting Service and in coordination with the Adminis21 trator of the Rural Business-Cooperative Service, 

22 shall provide grants to eligible entities described in 

23 paragraph (2) to significantly reduce or eliminate 

24 single-use plastics from the post-production distribu25 tion packaging of the entities. 


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1 ‘‘(2) ELIGIBLE ENTITIES.—An entity shall be 

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

3 is— 

4 ‘‘(A) an independent producer, as deter5 mined by the Secretary, of a value-added agri6 cultural product; or 

7 ‘‘(B) an agricultural producer group, farm8 er or rancher cooperative, or majority-controlled 

9 producer-based business venture, as determined 

10 by the Secretary. 

11 ‘‘(3) GRANT AMOUNT.—The amount of a grant 

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

13 $250,000. 

14 ‘‘(4) TERM.—The term of a grant provided 

15 under paragraph (1) shall be 3 years. 

16 ‘‘(5) PRIORITY.—In providing grants under 

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

18 ‘‘(A) beginning farmers or ranchers; 

19 ‘‘(B) veteran farmers or ranchers; 

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

21 ‘‘(D) socially disadvantaged farmers or 

22 ranchers. 

23 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to carry out 


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

2 2025 through 2034.’’. 

Æ 


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