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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3127 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3127

To amend the Solid Waste Disposal Act to reduce the production and use 
 of certain single-use plastic products and packaging, to improve the 
     responsibility of producers in the design, collection, reuse, 
recycling, and disposal of consumer products and packaging, to prevent 
   pollution from consumer products and packaging from entering into 
  animal and human food chains and waterways, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2023

Mr. Merkley (for himself, Mr. Blumenthal, Mr. Booker, Mr. Durbin, Mrs. 
 Gillibrand, Mr. Markey, Mrs. Murray, Mr. Sanders, Mr. Van Hollen, Ms. 
Warren, Mr. Welch, and Mr. Wyden) introduced the following bill; which 
was read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 A BILL

 
To amend the Solid Waste Disposal Act to reduce the production and use 
 of certain single-use plastic products and packaging, to improve the 
     responsibility of producers in the design, collection, reuse, 
recycling, and disposal of consumer products and packaging, to prevent 
   pollution from consumer products and packaging from entering into 
  animal and human food chains and waterways, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Break Free From 
Plastic Pollution Act of 2023''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--EXTENDED RESPONSIBILITY FOR BEVERAGE CONTAINERS AND PACKAGING

Sec. 101. Extended responsibility for beverage containers and 
                            packaging.
             TITLE II--PROTECTING COMMUNITIES FROM PLASTICS

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.
Sec. 204. Environmental justice protections at covered facilities.
Sec. 205. Microplastics research and directives.
Sec. 206. Reducing single-use plastics in agriculture.
                 TITLE III--PLASTIC PELLET-FREE WATERS

Sec. 301. Effluent limitations for wastewater, spills, and runoff from 
                            plastic polymer production facilities, 
                            plastic molding and forming facilities, and 
                            other point sources associated with the 
                            transport and packaging of plastic pellets 
                            or other preproduction plastic materials.

 TITLE I--EXTENDED RESPONSIBILITY FOR BEVERAGE CONTAINERS AND PACKAGING

SEC. 101. EXTENDED RESPONSIBILITY FOR BEVERAGE CONTAINERS AND 
              PACKAGING.

    (a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.) is amended by adding at the end the following:

   ``Subtitle K--Extended Responsibility for Beverage Containers and 
                               Packaging

``SEC. 12001. DEFINITIONS.

    ``In this subtitle:
            ``(1) Advisory committee.--The term `advisory committee' 
        means an advisory committee established by the Administrator 
        under section 12106(a).
            ``(2) Beverage.--
                    ``(A) In general.--The term `beverage' means any 
                drinkable liquid intended for human oral consumption, 
                including--
                            ``(i) water;
                            ``(ii) flavored water;
                            ``(iii) soda water;
                            ``(iv) mineral water;
                            ``(v) beer;
                            ``(vi) a malt beverage;
                            ``(vii) a carbonated soft drink;
                            ``(viii) liquor;
                            ``(ix) tea;
                            ``(x) coffee;
                            ``(xi) hard cider;
                            ``(xii) fruit juice;
                            ``(xiii) an energy or sports drink;
                            ``(xiv) coconut water;
                            ``(xv) wine;
                            ``(xvi) a yogurt drink;
                            ``(xvii) a probiotic drink;
                            ``(xviii) a wine cooler; and
                            ``(xix) any other beverage determined to be 
                        appropriate by the Administrator.
                    ``(B) Exclusions.--The term `beverage' does not 
                include--
                            ``(i) a drug regulated under the Federal 
                        Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
                        seq.);
                            ``(ii) infant formula; or
                            ``(iii) a meal replacement liquid.
            ``(3) Beverage container.--
                    ``(A) In general.--The term `beverage container' 
                means a prepackaged container that--
                            ``(i) is designed to hold a beverage;
                            ``(ii) is made of any material, including 
                        glass, plastic, and metal; and
                            ``(iii) has a volume of not more than 3 
                        liters.
                    ``(B) Exclusions.--The term `beverage container' 
                does not include--
                            ``(i) a carton;
                            ``(ii) a pouch; or
                            ``(iii) aseptic packaging, such as a drink 
                        box.
            ``(4) Brand.--
                    ``(A) In general.--The term `brand' means any mark, 
                word, name, symbol, design, device, or graphic element 
                that--
                            ``(i) identifies a product; and
                            ``(ii) distinguishes the product from other 
                        products.
                    ``(B) Inclusions.--The term `brand' includes--
                            ``(i) any combination of 2 or more marks, 
                        words, names, symbols, designs, devices, or 
                        graphic elements described in subparagraph (A); 
                        and
                            ``(ii) any registered or unregistered 
                        trademark.
            ``(5) Compostable.--
                    ``(A) In general.--The term `compostable', with 
                respect to a covered product described in subparagraph 
                (B), means that the covered product--
                            ``(i)(I) meets the ASTM International 
                        standard specification for compostable products 
                        numbered D6400 or D6868--
                                    ``(aa) as in effect on the date of 
                                enactment of this subtitle; or
                                    ``(bb) as revised after the date of 
                                enactment of this subtitle, if the 
                                revision is approved by the 
                                Administrator; and
                            ``(II) is labeled to reflect that the 
                        covered product meets a standard described in 
                        subclause (I);
                            ``(ii) is certified as a compostable 
                        product by an independent third party that is 
                        approved by the Administrator; or
                            ``(iii) comprises only wood or natural 
                        fiber, without any--
                                    ``(I) coating;
                                    ``(II) additive; or
                                    ``(III) effective beginning on 
                                February 1, 2025, toxic substance.
                    ``(B) Description of covered products.--The covered 
                products referred to in subparagraph (A) are covered 
                products other than--
                            ``(i) paper; and
                            ``(ii) effective beginning on February 1, 
                        2025, a covered product that contains a toxic 
                        substance.
            ``(6) Covered product.--
                    ``(A) In general.--The term `covered product', 
                regardless of recyclability, compostability, or 
                material type, means--
                            ``(i) packaging;
                            ``(ii) a food service product;
                            ``(iii) paper; and
                            ``(iv) a single-use product that is not 
                        subject to a prohibition under section 12202 or 
                        12203.
                    ``(B) Exclusions.--The term `covered product' does 
                not include--
                            ``(i) a beverage container; or
                            ``(ii) any product subject to an extended 
                        responsibility program at the State level, as 
                        determined by the Administrator.
            ``(7) Environmental justice.--The term `environmental 
        justice' means the fair treatment and meaningful involvement of 
        all individuals, regardless of race, color, national origin, 
        educational level, or income, with respect to the development, 
        implementation, and enforcement of environmental laws, 
        regulations, and policies to ensure that--
                    ``(A) full access to public information and 
                opportunities for meaningful public participation with 
                respect to human health and environmental planning, 
                regulations, and enforcement is provided to each census 
                tract and census block group--
                            ``(i) the percentage of population of 
                        people of color of which is not less than the 
                        average percentage of population of people of 
                        color in the State in which the tract or block 
                        group is located; or
                            ``(ii) the percentage of population of 
                        households with an income of not more than 
                        twice the Federal poverty level of which is not 
                        less than the percentage of population of those 
                        households in the applicable State;
                    ``(B) no census tract or census block group 
                described in subparagraph (A) is exposed to a 
                disproportionate burden of the negative human health 
                and environmental impacts of pollution or other 
                environmental hazards; and
                    ``(C) the 17 principles described in the document 
                entitled `The Principles of Environmental Justice', 
                written and adopted at the First National People of 
                Color Environmental Leadership Summit convened on 
                October 24 through 27, 1991, in Washington, DC, are 
                upheld.
            ``(8) Food service product.--The term `food service 
        product' means an item intended to deliver a food product, 
        regardless of the recyclability or compostability of the item, 
        including--
                    ``(A) a utensil;
                    ``(B) a straw;
                    ``(C) a stirrer;
                    ``(D) a drink cup;
                    ``(E) a drink lid;
                    ``(F) a food package;
                    ``(G) a food container;
                    ``(H) a hinged or lidded container (commonly known 
                as a `clamshell');
                    ``(I) a plate;
                    ``(J) a bowl;
                    ``(K) a meat, fish, seafood, or vegetable tray;
                    ``(L) a food wrapper; and
                    ``(M) a beverage container.
            ``(9) Organization.--The term `Organization' means a 
        Producer Responsibility Organization described in section 
        12102(a)(1).
            ``(10) Packaging.--
                    ``(A) In general.--The term `packaging' means--
                            ``(i) any package or container, regardless 
                        of recyclability or compostability; and
                            ``(ii) any separable and distinct material 
                        component, regardless of recyclability or 
                        compostability, used for the containment, 
                        protection, handling, delivery, and 
                        presentation of goods that are sold, offered 
                        for sale, or distributed to consumers in the 
                        United States, including through an internet 
                        transaction.
                    ``(B) Inclusions.--The term `packaging' includes--
                            ``(i) an item described in subparagraph (A) 
                        that is--
                                    ``(I) sales packaging or primary 
                                packaging intended for the consumer 
                                market;
                                    ``(II) service packaging designed 
                                and intended to be used or filled at 
                                the point of sale, such as carry-out 
                                bags, bulk good bags, take-out bags, 
                                and home delivery food service 
                                products;
                                    ``(III) secondary packaging used to 
                                group products for multiunit sale; or
                                    ``(IV) tertiary packaging used for 
                                transportation or distribution directly 
                                to a consumer; and
                            ``(ii) any ancillary element that is--
                                    ``(I) hung on, or attached to, a 
                                product; and
                                    ``(II) performing a packaging 
                                function.
                    ``(C) Exclusion.--The term `packaging' does not 
                include an item described in subparagraph (A) or (B) 
                that--
                            ``(i) is used for the long-term protection 
                        or storage of a product; and
                            ``(ii) has a useful life of not less than 5 
                        years, as determined by the Administrator.
            ``(11) Paper.--
                    ``(A) In general.--The term `paper' means a paper 
                product that is sold, offered for sale, delivered, or 
                distributed to a consumer or business in the United 
                States.
                    ``(B) Inclusions.--The term `paper' includes--
                            ``(i) newsprint and inserts;
                            ``(ii) magazines and catalogs;
                            ``(iii) direct mail;
                            ``(iv) office paper; and
                            ``(v) telephone directories.
                    ``(C) Exclusions.--The term `paper' does not 
                include--
                            ``(i) a paper product that, due to the 
                        intended use of the product, could become 
                        unsafe or unsanitary to recycle; or
                            ``(ii) a bound book.
            ``(12) Plan.--The term `Plan' means a Product Stewardship 
        Plan of an Organization under section 12103(a).
            ``(13) Plastic.--
                    ``(A) In general.--The term `plastic' means a 
                synthetic or semisynthetic material that is--
                            ``(i) synthesized by the polymerization of 
                        organic substances; and
                            ``(ii) capable of being shaped into various 
                        rigid and flexible forms.
                    ``(B) Inclusions.--The term `plastic' includes any 
                coating or adhesive described in subparagraph (A).
            ``(14) Plastic component.--The term `plastic component' 
        means an item that--
                    ``(A) is composed wholly or partially of plastic; 
                and
                    ``(B) comprises--
                            ``(i) the entirety of a covered product; or
                            ``(ii) an element of a covered product that 
                        is detachable on or after use of the covered 
                        product.
            ``(15) Post-consumer recycled material.--
                    ``(A) In general.--The term `post-consumer recycled 
                material' means new material produced using material 
                resulting from the recovery, separation, collection, 
                and reprocessing of material that--
                            ``(i) was originally sold for consumption; 
                        and
                            ``(ii) would otherwise be disposed of or 
                        processed as waste.
                    ``(B) Exclusions.--The term `post-consumer recycled 
                material' does not include--
                            ``(i) post-industrial material;
                            ``(ii) preconsumer material; or
                            ``(iii) a material or byproduct--
                                    ``(I) generated by means of 
                                advanced recycling, chemical recycling, 
                                combustion, gasification, incineration, 
                                pyrolysis, solvolysis, thermal 
                                desorption, waste-to-energy, waste-to-
                                fuel, or any other chemical or 
                                molecular conversion process; or
                                    ``(II) generated from, and commonly 
                                reused within, an original 
                                manufacturing and fabrication process.
            ``(16) Producer.--
                    ``(A) In general.--The term `producer' means an 
                entity that--
                            ``(i)(I) manufactures a covered product or 
                        beverage container; and
                            ``(II) owns, or is a licensee of, the brand 
                        or trademark under which that covered product 
                        or beverage container is--
                                    ``(aa) used in a commercial 
                                enterprise in the United States;
                                    ``(bb) sold or offered for sale in 
                                the United States; or
                                    ``(cc) distributed in the United 
                                States;
                            ``(ii) if no entity described in clause (i) 
                        exists with respect to a covered product or 
                        beverage container, owns or, if the owner is 
                        not located in the United States, is the 
                        exclusive licensee of a brand or trademark 
                        under which the covered product or beverage 
                        container is used in a commercial enterprise, 
                        sold or offered for sale, or distributed, in 
                        the United States; or
                            ``(iii) if no entity described in clause 
                        (i) or (ii) exists with respect to a covered 
                        product or beverage container, sells, offers 
                        for sale, or distributes the covered product or 
                        beverage container in the United States.
                    ``(B) Exclusion.--The term `producer' does not 
                include an entity that produces, harvests, and packages 
                an agricultural commodity on the site where the 
                agricultural commodity was grown or raised.
                    ``(C) Related definitions.--For purposes of 
                subparagraph (A):
                            ``(i) Licensee.--The term `licensee' means 
                        an entity that holds the exclusive right to use 
                        a trademark or brand in the United States in 
                        connection with the manufacture, sale, or 
                        distribution of a covered product or beverage 
                        container.
                            ``(ii) Manufacture.--The term 
                        `manufacture', with respect to a beverage 
                        container, means to bottle, can, or otherwise 
                        fill a beverage container for sale to--
                                    ``(I) distributors distributing 
                                beverage containers to retailers;
                                    ``(II) importers; or
                                    ``(III) retailers.
                            ``(iii) Sale.--The term `sale' includes the 
                        delivery of a covered product or beverage 
                        container to a purchaser in the United States.
            ``(17) Product line.--The term `product line' means a group 
        of related products marketed under a single brand name that--
                    ``(A) is sold, offered for sale, or distributed by 
                a distributor in the United States, including through 
                an internet transaction; and
                    ``(B) is used by the distributor for the purpose of 
                distinguishing those products from other, similar 
                products for better usability for consumers.
            ``(18) Prohibited plastic packaging.--The term `prohibited 
        plastic packaging' means plastic packaging that--
                    ``(A) contains a nondetectable pigment, such as 
                carbon black;
                    ``(B) is rigid and is composed wholly or partially 
                of polyethylene terephthalate glycol;
                    ``(C) is composed wholly or partially of 
                polystyrene, including expanded polystyrene;
                    ``(D) is composed wholly or partially of polyvinyl 
                chloride, including polyvinylidene chloride;
                    ``(E) contains an oxodegradable additive, including 
                an oxobiodegradable additive; or
                    ``(F) contains a problematic label construction 
                that hinders recycling or makes the packaging 
                nonrecyclable, including adhesives, inks, materials, 
                and design features.
            ``(19) Recyclable.--The term `recyclable', with respect to 
        a covered product or a beverage container, means that the 
        covered product or beverage container--
                    ``(A) can be economically and technically recycled 
                in current United States market conditions;
                    ``(B) is collected pursuant to 1 or more recycling 
                programs covering not less than 60 percent of the 
                population of the United States;
                    ``(C) can be sorted into 1 or more recycling-
                process defined streams that are sent to, and reclaimed 
                at, a reclaiming facility in accordance with the 
                applicable requirements of the Basel Convention on the 
                Control of Transboundary Movements of Hazardous Wastes 
                and Their Disposal, done at Basel, Switzerland, March 
                22, 1989;
                    ``(D) does not include an attached component, such 
                as a shrink sleeve, label, or filter, that is required 
                to be removed by a consumer before the covered product 
                or beverage container can be recycled; and
                    ``(E)(i) in the case of plastic packaging, is 
                designed not to include any component, ink, adhesive, 
                or label that prevents recycling of the plastic 
                packaging according to the most-recent design guide 
                published by the Association of Plastic Recyclers; and
                    ``(ii) in the case of nonplastic packaging or any 
                other covered product--
                            ``(I) is designed to meet the requirements 
                        of subparagraphs (A) through (D); and
                            ``(II) does not include any component, ink, 
                        adhesive, or label that prevents recycling of 
                        the covered product or nonplastic packaging.
            ``(20) Recycle.--
                    ``(A) In general.--The term `recycle' means the 
                series of activities by which a covered product or 
                beverage container is--
                            ``(i) collected, sorted, and processed; and
                            ``(ii)(I) converted into a raw material 
                        with minimal loss of material quality;
                            ``(II) used in the production of a new 
                        product, including the original covered product 
                        or beverage container; or
                            ``(III) in the case of composting or 
                        organic recycling, productively used for soil 
                        improvement.
                    ``(B) Exclusions.--The term `recycle' does not 
                include--
                            ``(i) a method of sorting, processing, and 
                        aggregating materials from solid waste that 
                        does not preserve original material quality, as 
                        a result of which the aggregated material--
                                    ``(I) is no longer usable for--
                                            ``(aa) the initial purpose; 
                                        or
                                            ``(bb) a substantially 
                                        similar purpose; and
                                    ``(II) can only be used for an 
                                inferior purpose or product (commonly 
                                referred to as `downcycling');
                            ``(ii) the use of waste--
                                    ``(I) as a fuel or fuel substitute;
                                    ``(II) for energy production;
                                    ``(III) for repurposing into 
                                infrastructure, including--
                                            ``(aa) pavement for streets 
                                        or sidewalks;
                                            ``(bb) building materials; 
                                        and
                                            ``(cc) other infrastructure 
                                        projects, as determined by the 
                                        Administrator;
                                    ``(IV) for alternate operating 
                                cover; or
                                    ``(V) within the footprint of a 
                                landfill; or
                            ``(iii) the conversion of waste into an 
                        alternative product, such as a chemical, 
                        feedstock, fuel, or energy, through--
                                    ``(I) incineration;
                                    ``(II) pyrolysis;
                                    ``(III) hydropyrolysis;
                                    ``(IV) methanolysis;
                                    ``(V) gasification; or
                                    ``(VI) a similar technology, as 
                                determined by the Administrator.
            ``(21) Redeem.--The term `redeem' means to return to a 
        retailer or producer an empty beverage container in exchange 
        for a refund of the applicable amount under section 12108(c).
            ``(22) Redemption center.--The term `redemption center' 
        means a facility established under section 12108(e)(2).
            ``(23) Refillable; reusable.--The term `refillable' or 
        `reusable', with respect to a beverage container or covered 
        product, means that the beverage container or covered product 
        is--
                    ``(A) explicitly designed and marketed to be used--
                            ``(i) by a producer or consumer, multiple 
                        times for the same or a similar product; or
                            ``(ii) by a producer, for another 
                        purposeful packaging use in a supply chain;
                    ``(B) designed for durability to function properly 
                in original condition for multiple uses;
                    ``(C) mechanically feasible for refill or reuse in 
                current United States market conditions;
                    ``(D) feasible for refill or reuse for such number 
                of cycles as the Administrator determines to be 
                appropriate to achieve a significant environmental 
                benefit across the lifecycle of the beverage container 
                or covered product, as compared to a single-use 
                beverage container or covered product; and
                    ``(E) part of a reuse and refill system in the 
                United States under which not less than 95 percent of 
                beverage containers are returned to distributors for 
                reuse and refill.
            ``(24) Responsible end market.--The term `responsible end 
        market' means a material market in which the recycling or 
        recovery of materials or the disposal of contaminants is 
        conducted in a manner that, as determined by the 
        Administrator--
                    ``(A) benefits the environment; and
                    ``(B) minimizes risks to--
                            ``(i) public health; and
                            ``(ii) worker health and safety.
            ``(25) Restaurant.--
                    ``(A) In general.--The term `restaurant' means an 
                establishment the primary business of which is the 
                preparation of food or beverages for consumption by the 
                public--
                            ``(i) in a form and quantity that is 
                        consumable immediately at the establishment, 
                        regardless of whether a purchased food or 
                        beverage is consumed on-premises; or
                            ``(ii) in a consumable form for consumption 
                        off-premises.
                    ``(B) Inclusion.--The term `restaurant' includes a 
                fast food restaurant.
            ``(26) Retailer.--
                    ``(A) In general.--The term `retailer' means an 
                entity located in the United States that--
                            ``(i) engages in the sale of beverage 
                        containers or covered products to a consumer; 
                        or
                            ``(ii) provides beverage containers or 
                        covered products to an individual or entity in 
                        commerce, including provision free of charge, 
                        such as at a workplace or event.
                    ``(B) Inclusion.--The term `retailer' includes an 
                entity located in the United States that engages in the 
                sale of, or provides, beverage containers as described 
                in subparagraph (A) through a vending machine or 
                similar means.
            ``(27) Reuse and refill system.--The term `reuse and refill 
        system' means a set of mechanisms relating to refillable or 
        reusable covered products and beverage containers that is 
        supported by adequate infrastructure at the producer level, and 
        adequate and convenient availability and retail infrastructure 
        at the consumer level, to ensure that the covered products and 
        beverage containers can be--
                    ``(A) repeatedly recovered, inspected, repaired (if 
                necessary), and reissued by producers into the supply 
                chain for reuse or refill for multiple cycles; and
                    ``(B) conveniently and safely reused or refilled by 
                producers and consumers for multiple cycles.
            ``(28) Single-use.--
                    ``(A) In general.--The term `single-use', with 
                respect to a covered product or a beverage container, 
                means that the covered product or beverage container is 
                routinely disposed of, recycled, or otherwise discarded 
                after 1 use.
                    ``(B) Exclusions.--The term `single-use', with 
                respect to a covered product, does not include a 
                covered product that is--
                            ``(i) a medical food item, supplement, 
                        device, or other product determined by the 
                        Secretary of Health and Human Services 
                        necessarily to be made of plastic for the 
                        protection of public health;
                            ``(ii) personal protective equipment, 
                        including--
                                    ``(I) masks;
                                    ``(II) gloves;
                                    ``(III) face shields; and
                                    ``(IV) other personal protective 
                                equipment, as determined by Secretary 
                                of Health and Human Services;
                            ``(iii) a personal hygiene product that, 
                        due to the intended use of the product, could 
                        become unsafe or unsanitary to recycle, such as 
                        a diaper; or
                            ``(iv) packaging used for--
                                    ``(I) any product described in 
                                clause (i), (ii), or (iii); or
                                    ``(II) the shipment of hazardous 
                                materials, and is prohibited from being 
                                composed of used materials under 
                                section 178.509 or 178.522 of title 49, 
                                Code of Federal Regulations (as in 
                                effect on the date of enactment of this 
                                subtitle).
            ``(29) Source reduction.--
                    ``(A) In general.--The term `source reduction' 
                means a reduction in the quantity of covered products 
                or beverage containers produced by a producer, as 
                compared to a baseline established pursuant to section 
                12105(b), including due to--
                            ``(i) shifting to reusable or refillable 
                        packaging or food service product systems; or
                            ``(ii) eliminating unnecessary packaging.
                    ``(B) Exclusions.--The term `source reduction' does 
                not include--
                            ``(i) replacing recyclable or compostable 
                        single-use plastic packaging or food service 
                        products with--
                                    ``(I) a nonrecyclable or 
                                noncompostable single-use plastic 
                                packaging or food service products; or
                                    ``(II) single-use plastic packaging 
                                or food service products that are less 
                                likely to be recycled or composted; or
                            ``(ii) switching from virgin single-use 
                        plastic packaging or food service products to 
                        plastic post-consumer recycled material.
            ``(30) Toxic substance.--
                    ``(A) In general.--The term `toxic substance' means 
                any substance, mixture, or compound that--
                            ``(i) may cause--
                                    ``(I) personal injury or disease to 
                                humans through ingestion, inhalation, 
                                or absorption through any body surface; 
                                or
                                    ``(II) adverse impacts on the 
                                environment; and
                            ``(ii) satisfies 1 or more of the 
                        conditions described in subparagraph (B).
                    ``(B) Conditions.--The conditions referred to in 
                subparagraph (A)(ii) are the following:
                            ``(i) The substance, mixture, or compound 
                        is subject to reporting requirements under--
                                    ``(I) the Emergency Planning and 
                                Community Right-To-Know Act of 1986 (42 
                                U.S.C. 11001 et seq.);
                                    ``(II) the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act of 1980 (42 U.S.C. 
                                9601 et seq.); or
                                    ``(III) section 112(r) of the Clean 
                                Air Act (42 U.S.C. 7412(r)).
                            ``(ii) The National Institute for 
                        Occupational Safety and Health, the 
                        Occupational Safety and Health Administration, 
                        the National Toxicology Program, the Centers 
                        for Disease Control and Prevention, the 
                        Administrator of Health and Human Services, the 
                        National Institute for Environmental Health 
                        Sciences, or the Environmental Protection 
                        Agency has established that the substance, 
                        mixture, or compound poses an acute or chronic 
                        health hazard, including developmental, 
                        reproductive, or endocrine effects.
                            ``(iii) The National Institute for 
                        Occupational Safety and Health or the 
                        Environmental Protection Agency has recognized 
                        that the substance, mixture, or compound may 
                        increase the risk of developing a latent 
                        disease.
                            ``(iv) The substance, mixture, or compound 
                        is--
                                    ``(I) a perfluoroalkyl or 
                                polyfluoroalkyl substance;
                                    ``(II) an orthophthalate;
                                    ``(III) a bisphenol compound (but 
                                not including an alkyl-substituted 
                                bisphenol compound generated through a 
                                xylenol-aldehyde process);
                                    ``(IV) a halogenated or nanoscale 
                                flame-retardant chemical;
                                    ``(V) UV 328 (2-(2H-benzotriazol-2-
                                yl)-4,6-di-tert-pentylphenol);
                                    ``(VI) a chlorinated paraffin;
                                    ``(VII) listed as a persistent 
                                organic pollutant by the Stockholm 
                                Convention on Persistent Organic 
                                Pollutants;
                                    ``(VIII) given an overall 
                                carcinogenicity evaluation of Group 1, 
                                Group 2A, or Group 2B by the 
                                International Agency for Research on 
                                Cancer; or
                                    ``(IX) listed as a toxic, 
                                poisonous, explosive, corrosive, 
                                flammable, ecotoxic, or infectious 
                                waste by the Basel Convention on the 
                                Control of Transboundary Movements of 
                                Hazardous Wastes and Their Disposal, 
                                done at Basel, Switzerland, March 22, 
                                1989.
                            ``(v) The substance, mixture, or compound 
                        is a chemical or chemical class that, as 
                        determined by the Administrator, has been 
                        identified by a Federal agency, State agency, 
                        or international intergovernmental agency as 
                        being 1 or more of the following:
                                    ``(I) A carcinogen, mutagen, 
                                reproductive toxicant, immunotoxicant, 
                                neurotoxicant, or endocrine disruptor.
                                    ``(II) A persistent 
                                bioaccumulative.
                                    ``(III) A chemical or chemical 
                                class that may--
                                            ``(aa) harm the normal 
                                        development of a fetus or child 
                                        or cause other developmental 
                                        toxicity in humans or wildlife;
                                            ``(bb) harm organs or cause 
                                        other systemic toxicity; or
                                            ``(cc) have an adverse 
                                        impact on--

                                                    ``(AA) air quality;

                                                    ``(BB) ecology;

                                                    ``(CC) soil 
                                                quality; or

                                                    ``(DD) water 
                                                quality.

                                    ``(IV) A chemical or chemical class 
                                that has toxicity equivalent to the 
                                toxicity reflected in a criterion 
                                described in any of subclauses (I) 
                                through (III).
            ``(31) United states.--The term `United States', when used 
        in a geographical sense, means all of the States.

                   ``PART I--EXTENDED RESPONSIBILITY

``SEC. 12101. EXTENDED RESPONSIBILITY.

    ``(a) Participation in Organization Required.--
            ``(1) In general.--Except as provided in subsection (b), 
        effective beginning on February 1, 2025, each producer of a 
        covered product or beverage container that is sold, 
        distributed, or imported into the United States shall--
                    ``(A) participate as a member of 1 or more 
                Organizations, based on category of covered products or 
                beverage containers, for which a Plan is approved by 
                the Administrator; and
                    ``(B) pursuant to that participation, achieve the 
                performance targets described in paragraph (2).
            ``(2) Performance targets.--The performance targets 
        referred to in paragraph (1)(B) are the following, with respect 
        to the covered products and beverage containers subject to the 
        responsibility of the applicable producer:
                    ``(A) All plastic covered products and beverage 
                containers have been subject to source reduction in 
                accordance with section 12105.
                    ``(B) Effective beginning on January 1, 2033, all 
                covered products and beverage containers are reusable, 
                recyclable, or compostable.
                    ``(C) All covered products and beverage containers 
                achieve compliance with section 12113.
                    ``(D) The following recycling rates (by category of 
                covered product or beverage container) are achieved for 
                each covered product and beverage container:
                            ``(i) Not less than 50 percent by January 
                        1, 2030.
                            ``(ii) Not less than 65 percent by January 
                        1, 2040.
                            ``(iii) Not less than 75 percent by January 
                        1, 2050.
    ``(b) Exemptions.--A producer of a covered product or beverage 
container, including a producer that operates as a single point of 
retail sale and is not supplied by, or operated as part of, a 
franchise, shall not be subject to this part if the producer--
            ``(1)(A) for fiscal year 2023, had an annual revenue of 
        less than $1,000,000; and
            ``(B) for fiscal year 2024 and each fiscal year thereafter, 
        has an annual revenue of less than the applicable amount under 
        section 12108(c) during the preceding fiscal year, as adjusted 
        to reflect changes for the 12-month period ending on the 
        preceding November 30 in the Consumer Price Index for All Urban 
        Consumers published by the Bureau of Labor Statistics of the 
        Department of Labor; or
            ``(2) is the producer of less than 1 ton of covered 
        products or beverage containers in commerce each year.
    ``(c) Enforcement.--
            ``(1) Prohibition.--Except as provided in subsection (b), 
        it shall be unlawful for any producer to sell, use, or 
        distribute any covered product or beverage container in 
        commerce except in compliance with this part.
            ``(2) Civil penalty.--A producer that violates paragraph 
        (1) shall be subject to a fine--
                    ``(A) for each violation;
                    ``(B) for each day that a violation occurs; and
                    ``(C) in an aggregate amount of not more than 
                $70,117.
            ``(3) Injunctive relief.--The Administrator may bring a 
        civil action to enjoin the sale, distribution, or importation 
        into the United States of a covered product or beverage 
        container in violation of this part.
            ``(4) State enforcement.--The Administrator may permit a 
        State to carry out enforcement under paragraph (2) or (3) if 
        the Administrator determines that the State meets such 
        requirements as the Administrator may establish, subject to the 
        condition that any fine collected by a State pursuant to 
        paragraph (2) shall be deposited in the Reduction and Litter 
        Cleanup Trust Fund established by section 12112(b).
    ``(d) Categories.--The Administrator, in consultation with 
Organizations, shall promulgate regulations to establish, for purposes 
of this part--
            ``(1) such categories of covered products as the 
        Administrator determines to be appropriate; and
            ``(2) a single category for beverage containers.
    ``(e) Inapplicability of Antitrust Laws.--The antitrust laws (as 
defined in the first section of the Clayton Act (15 U.S.C. 12)) shall 
not apply to a producer or Organization that carries out any activity 
in accordance with an approved Plan if the activity is necessary to 
develop and implement the Plan.
    ``(f) Regulations.--Not later than 1 year after the date of 
enactment of this subtitle, the Administrator shall promulgate such 
regulations as the Administrator determines to be necessary to 
implement, administer, and enforce this part, including methods and 
processes for--
            ``(1) collecting information necessary to ensure an 
        accurate baseline under section 12105(b); and
            ``(2) determining compliance with the requirements of this 
        part.

``SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS.

    ``(a) Participation.--
            ``(1) In general.--For each category of covered products or 
        beverage containers sold, distributed, or imported into the 
        United States by a producer, the producer shall establish a 
        new, or join an existing, Producer Responsibility Organization.
            ``(2) Multiple organizations.--A producer may participate 
        in--
                    ``(A) more than 1 Organization, if each 
                Organization is established for a different category of 
                covered products or beverage containers subject to the 
                responsibility of the producer; but
                    ``(B)(i) only 1 national Organization with respect 
                to each category of covered products;
                    ``(ii) only 1 national Organization with respect to 
                beverage containers; and
                    ``(iii) only 1 regional Organization with respect 
                to beverage containers and each category of covered 
                products for each region in which the beverage 
                containers or covered products, respectively, are sold.
            ``(3) New producers.--
                    ``(A) In general.--A producer that commences 
                operation in the United States, or that produces a 
                covered product or beverage container that is new to 
                the producer in the United States, after the date of 
                approval of Organizations under subsection (b) shall 
                establish a new, or join an existing, Organization for 
                the applicable category of covered products or beverage 
                containers.
                    ``(B) Approval.--A new Organization established 
                pursuant to subparagraph (A) shall be approved or 
                disapproved by the Administrator in accordance with 
                subsection (b).
    ``(b) Approval by Administrator.--
            ``(1) In general.--The establishment of an Organization 
        pursuant to subsection (a) shall be subject to the approval of 
        the Administrator.
            ``(2) Application.--Not later than January 1, 2025, the 
        governing body of each Organization shall submit to the 
        Administrator an application describing the means by which the 
        Organization meets the criteria described in paragraph (3).
            ``(3) Criteria.--The Administrator may approve the 
        establishment of an Organization only if the Administrator 
        determines that the Organization--
                    ``(A) has a governing board consisting of producers 
                that represent the diversity of applicable covered 
                products or beverage containers, as applicable, in the 
                market; and
                    ``(B) demonstrates that the Organization has in 
                effect adequate financial responsibility and financial 
                controls, including fraud prevention measures and an 
                audit schedule, to ensure proper management of funds.
            ``(4) Additional organizations.--After January 1, 2035, on 
        a determination by the Administrator that additional 
        Organizations would be beneficial in satisfying the 
        requirements of this part, the Administrator may approve 
        additional Organizations that meet the requirements of this 
        subsection.
            ``(5) Revocation.--
                    ``(A) In general.--The Administrator shall revoke 
                approval of an Organization under this subsection if 
                the Administrator determines that the Organization--
                            ``(i) ceases to meet the requirements of 
                        this part, including the criteria described in 
                        paragraph (3); or
                            ``(ii) fails to implement and administer an 
                        approved Plan in a manner that effectuates the 
                        purposes of this part.
                    ``(B) Replacement.--If the Administrator revokes 
                approval of an Organization pursuant to subparagraph 
                (A), the Administrator may approve 1 or more additional 
                Organizations to carry out the responsibilities of the 
                revoked Organization under this part for the applicable 
                category of covered products or beverage containers, 
                subject to the criteria described in paragraph (3).
    ``(c) Duties.--An Organization shall act as an agent, and on 
behalf, of each producer that is a member of the Organization to carry 
out the responsibilities of the producer under this part with respect 
to the applicable category of covered products or beverage containers.
    ``(d) Coordination.--If more than 1 Organization is established 
under subsection (a) with respect to a category of covered products or 
beverage containers, the Administrator shall, as necessary, establish a 
process to require coordination among those Organizations.
    ``(e) Nonprofit Status.--Each Organization shall be--
            ``(1) established and operated as an organization described 
        in section 501(c)(3) of the Internal Revenue Code of 1986; and
            ``(2) exempt from taxation under 501(a) of that Code.

``SEC. 12103. PRODUCT STEWARDSHIP PLANS.

    ``(a) In General.--Not later than 180 days after the date on which 
an Organization is approved under section 12102(b), the Organization 
shall develop and submit to the Administrator a Product Stewardship 
Plan, together with a budget, that describes the means by which the 
Organization will carry out the responsibilities of the Organization 
under this part.
    ``(b) Requirements.--
            ``(1) In general.--Each Plan shall include, at a minimum--
                    ``(A) contact information for the Organization 
                submitting the Plan;
                    ``(B) a list of participating producers represented 
                by the Organization, including individual contact 
                information for each such producer;
                    ``(C) a description, together with objective and 
                measurable criteria, to the maximum extent practicable, 
                of--
                            ``(i) each category of covered products or 
                        beverage containers covered by the Plan and the 
                        quantity (by number and weight) of each covered 
                        product or beverage container in each category;
                            ``(ii) the means by which the Organization 
                        will--
                                    ``(I) meet the criteria described 
                                in section 12102(b)(3);
                                    ``(II) in an economically efficient 
                                and practical manner, provide for the 
                                necessary infrastructure and viable 
                                responsible end markets based on the 
                                most-recent needs assessment under 
                                section 12107; and
                                    ``(III) use existing collection 
                                programs and reuse, recycling, 
                                composting, sorting, and processing 
                                infrastructure, to the maximum extent 
                                practicable;
                            ``(iii) a source reduction plan under 
                        section 12105(a);
                            ``(iv) the means by which each applicable 
                        type of covered product or beverage container 
                        will be collected to meet the performance 
                        targets described in section 12101(a)(2);
                            ``(v) consumer education plans in 
                        accordance with section 12111;
                            ``(vi) a customer service process, such as 
                        a process for answering customer questions and 
                        resolving issues;
                            ``(vii) sound management practices for 
                        worker health and safety;
                            ``(viii) the means by which participating 
                        producers will work with, improve, and fund 
                        existing reuse, recycling, composting, litter 
                        cleanup, sorting, and processing 
                        infrastructure;
                            ``(ix) measures to mitigate fraud; and
                            ``(x) the means by which participating 
                        producers will consult with the Federal 
                        Government, units of State and local 
                        government, and other stakeholders;
                    ``(D) subject to paragraph (2), a budget designed 
                to fully fund the costs to carry out this part, 
                including all costs associated with the implementation 
                of the Plan, including--
                            ``(i) reimbursing the Administrator for 
                        costs, as required;
                            ``(ii) reimbursing members of an advisory 
                        committee;
                            ``(iii) administering the Organization;
                            ``(iv) investments--
                                    ``(I) identified in the source 
                                reduction plan or needs assessment;
                                    ``(II) to develop sustainable 
                                responsible end markets for each 
                                covered product or beverage container 
                                category included in the Plan; or
                                    ``(III) otherwise necessary to meet 
                                the criteria described in section 
                                12102(b)(3); and
                            ``(v) environmental mitigation activities;
                    ``(E) a structure and schedule for fees paid by 
                participating producers in accordance with section 
                12104, including the method of calculation of the fee 
                and a description of the process by which the 
                Organization shall collect the fee from those 
                producers; and
                    ``(F) a closure or transfer plan to settle the 
                affairs of the Organization that--
                            ``(i) ensures that participating producers 
                        will continue to meet the obligations of the 
                        producers in the event of--
                                    ``(I) dissolution of the 
                                Organization; or
                                    ``(II) revocation of approval by 
                                the Administrator; and
                            ``(ii) describes a process for notifying 
                        the Administrator, relevant advisory 
                        committees, and relevant contractors of such a 
                        dissolution or revocation.
            ``(2) Limitations on budget.--An Organization may not 
        expend any revenues collected by the Organization--
                    ``(A) to pay a civil penalty;
                    ``(B) to pay costs associated with litigation 
                between or among producers, the Organization, or units 
                of government;
                    ``(C)(i) to provide compensation to a 
                representative of the Organization relating to the 
                passage, defeat, approval, or modification of proposed 
                Federal, State, or local legislation; or
                    ``(ii) for any paid advertisement during a 30-day 
                period occurring before or during a Federal, State, or 
                local legislative session for the purposes of 
                encouraging the passage, defeat, approval, or 
                modification of proposed legislation; or
                    ``(D) to support or invest in an excluded recycling 
                technology described in subparagraph (B) of section 
                12001(20).
    ``(c) Approval.--Not later than 90 days after the date of receipt 
of a Plan under subsection (a), the Administrator shall--
            ``(1) approve or disapprove the Plan; and
            ``(2) notify the applicable Organization of the 
        determination of the Administrator under paragraph (1).
    ``(d) Implementation.--An Organization shall commence implementing 
the Plan of the Organization on the later of--
            ``(1) the date that is 60 days after receiving a 
        notification of approval of the Plan under subsection (c)(2); 
        and
            ``(2) August 1, 2025.
    ``(e) Expiration.--A Plan--
            ``(1) shall expire on the date that is 5 years after the 
        date on which the Plan is approved under subsection (c); and
            ``(2) may be renewed.
    ``(f) Revisions.--The Administrator may require a revision to a 
Plan before the expiration of the Plan under subsection (e)(1) if the 
Administrator determines that--
            ``(1) the performance targets described in section 
        12101(a)(2) are not being met; or
            ``(2) a change in circumstances has occurred that warrants 
        the revision.

``SEC. 12104. MEMBERSHIP FEES.

    ``(a) Establishment.--
            ``(1) In general.--Each Organization shall establish a fee 
        for producers participating in the Organization (referred to in 
        this section as `members') to ensure that--
                    ``(A) the requirements of this part are met; and
                    ``(B) the Plan of the Organization is completely 
                implemented.
            ``(2) Schedule.--A fee under this subsection shall be 
        assessed in accordance with a schedule developed by the 
        applicable Organization under subsection (c) to ensure that the 
        budget of the Organization, as included in the Plan of the 
        Organization, is fully funded.
            ``(3) Prohibition.--A fee under this subsection shall not 
        be passed on to any consumer as a separate item on a receipt or 
        invoice.
    ``(b) Payment.--Each member of an Organization shall--
            ``(1) pay to the Organization the fee required under this 
        section; and
            ``(2) on request, provide to the Organization records and 
        other information necessary for the Organization to meet the 
        requirements under this part.
    ``(c) Fee Schedule.--
            ``(1) In general.--A fee under this section shall be 
        assessed in accordance with a fee schedule, which shall include 
        the following:
                    ``(A) Individual assessments imposed on a member 
                due to unique characteristics of the covered products 
                or beverage containers subject to the responsibility of 
                the member, as described in paragraph (2).
                    ``(B) Any adjustments pursuant to subsection 
                (d)(2).
                    ``(C) Reimbursement to the Administrator for costs.
                    ``(D) Reimbursement to a relevant advisory 
                committee.
                    ``(E) Fees associated with environmental mitigation 
                activities under section 12112.
                    ``(F) The costs of administering the Organization, 
                including the costs associated with staff and the 
                development and implementation of the Plan.
            ``(2) Factors.--A fee schedule under paragraph (1) shall be 
        delineated by category of covered product or beverage 
        container, based on the following factors:
                    ``(A) The costs to ensure each category meets the 
                requirements of this part, subject to the condition 
                that a covered product or beverage container that is 
                easier and less expensive to reuse, recycle, or 
                compost, or that is designed to be recycled into a 
                similar covered product, beverage container, or 
                material that is easier to be composted, shall be 
                subject to lower fees, including fees that reflect--
                            ``(i) costs to develop and sustain viable 
                        responsible end markets for each category;
                            ``(ii) costs--
                                    ``(I) to collect, sort, avoid, or 
                                remove contamination; and
                                    ``(II) to aggregate and transport 
                                the covered product or beverage 
                                container into defined streams to 
                                support viable responsible end markets 
                                for remanufacturing of the covered 
                                product or beverage container through--
                                            ``(aa) curbside collection; 
                                        or
                                            ``(bb) other means;
                            ``(iii) costs incurred by local governments 
                        or recycling service providers--
                                    ``(I) to process and transport 
                                covered products or beverage containers 
                                in a manner and quality sufficient for 
                                acceptance by viable responsible end 
                                markets, including costs to reduce or 
                                mitigate the rate of inbound 
                                contamination by noncertified, 
                                compostable products at composting 
                                facilities, which may vary by locality;
                                    ``(II) to carry out waste stream 
                                sampling and reporting activities 
                                required under this part; and
                                    ``(III) to provide to ratepayers 
                                information relating to improving the 
                                preparation and sorting, as needed, of 
                                covered products or beverage 
                                containers; and
                            ``(iv) other costs necessary to implement 
                        the Plan and achieve compliance with this part, 
                        including ensuring that implementation avoids 
                        or minimizes negative environmental or public 
                        health impacts on disadvantaged or low-income 
                        communities and rural areas.
                    ``(B) If recycling or composting of a covered 
                product or beverage container is made more difficult by 
                the incorporation of 1 or more specific elements, 
                including inks, labels, and adhesives, that may be 
                detrimental to recycling or composting (as determined 
                in accordance with the design guide of the Association 
                of Plastic Recyclers or another relevant industry 
                association or criteria established by the 
                Administrator), the fee for that covered product or 
                beverage container shall be sufficient to account for 
                the increased cost to manage that covered product or 
                beverage container.
                    ``(C) The commodity value of the covered product or 
                beverage container based on an independent index or the 
                reported commodity value of materials of equivalent 
                quality to the covered product or beverage container.
                    ``(D) Costs incurred by the Organization to assist 
                members to meet the source reduction requirements under 
                section 12105.
    ``(d) Adjustments.--
            ``(1) Fee.--The amount of a fee under subsection (a) shall 
        be adjusted using malus fees or credits for members, based on 
        any of the following, as applicable:
                    ``(A) The percentage of post-consumer recycled 
                material in the covered products or beverage containers 
                subject to the responsibility of the member, in a 
                manner that ensures that the percentage of post-
                consumer recycled material shall be validated through 
                an independent third party approved by the 
                Administrator in order to ensure that the percentage 
                exceeds the minimum requirements for the covered 
                product or beverage container, subject to the condition 
                that the recycled content shall not disrupt the 
                potential for future recycling.
                    ``(B) Standardization of packaging materials that 
                simplifies the processing, marketing, sorting, and 
                recycling or composting of covered products or beverage 
                containers.
                    ``(C) Any actions carried out by the member to 
                accelerate source reduction and invest in sustained and 
                robust reuse and refill systems beyond the actions 
                required under section 12105.
                    ``(D) Certified compostable covered products or 
                beverage containers that do not contain toxic 
                substances shall be subject to a reduced fee, as 
                determined by the Organization.
            ``(2) Schedule.--An Organization shall adjust the fee 
        schedule under subsection (c)--
                    ``(A) not less frequently than once each year; or
                    ``(B) more frequently as necessary to meet the 
                budget of the Organization, as described in the Plan.

``SEC. 12105. SINGLE-USE PLASTIC SOURCE REDUCTION REQUIREMENTS.

    ``(a) Source Reduction Targets.--Each Organization shall develop 
and implement a source reduction plan to achieve the following targets 
for single-use plastic covered products and beverage containers:
            ``(1) Not later than January 1, 2032, a source reduction, 
        as compared to the baseline of the Organization determined 
        under subsection (b), of not less than--
                    ``(A) 25 percent, by weight; and
                    ``(B) 25 percent, by plastic component.
            ``(2) Not later than January 1, 2040, a source reduction, 
        as compared to the baseline of the Organization determined 
        under subsection (b), of not less than--
                    ``(A) 40 percent, by weight; and
                    ``(B) 40 percent, by plastic component.
            ``(3) Not later than January 1, 2050, a source reduction, 
        as compared to the baseline of the Organization determined 
        under subsection (b), of not less than--
                    ``(A) 50 percent, by weight; and
                    ``(B) 50 percent, by plastic component.
    ``(b) Baselines.--Not later than January 1, 2026, the Administrator 
shall establish a baseline for purposes of the source reduction 
requirements under subsection (a), taking into consideration the 
quantity of single-use plastic covered products and beverage containers 
(by weight and number of plastic components) sold, offered for sale, or 
distributed in the United States during calendar year 2024.
    ``(c) Data.--Together with any Plan, update or revision to a Plan, 
or annual report, each Organization shall submit to the Administrator 
the following data, disaggregated by participating producer, with 
respect to the period covered by the Plan, update, revision, or report:
            ``(1) The quantity of plastic covered products and beverage 
        containers sold, offered for sale, or distributed in the United 
        States, including the number of plastic components and weight 
        of the plastic covered products and beverage containers.
            ``(2) The number of plastic components and weight of 
        plastic covered products and beverage containers shifted to 
        refillable or reusable packaging or food service products.
            ``(3) The number of plastic components and weight of 
        plastic covered products and beverage containers eliminated.
            ``(4) The number of plastic components and weight of 
        plastic covered products and beverage containers shifted from 
        plastic covered products or beverage containers to nonplastic 
        covered products or beverage containers.
            ``(5) The number of plastic components and weight of 
        plastic covered products and beverage containers reduced 
        through concentration, right-sizing, and shifting to bulk or 
        large-format packaging that allows consumers to refill 
        residential or commercial reusable containers.
    ``(d) Evaluations.--
            ``(1) In general.--Not later than December 31, 2048, and 
        not less frequently than once every 5 years thereafter, the 
        Administrator shall conduct an evaluation of plastic covered 
        products and beverage containers subject to this section to 
        determine whether actions to achieve greater source reductions 
        are necessary.
            ``(2) Regulations.--If the number of plastic components or 
        weight of plastic covered products or beverage containers has 
        increased during the period covered by an evaluation under 
        paragraph (1), the Administrator shall promulgate regulations 
        to require the applicable Organizations to increase rates of 
        source reduction by--
                    ``(A) shifting plastic covered products or beverage 
                containers to reusable or refillable packaging or food 
                service products; or
                    ``(B) eliminating plastic components.

``SEC. 12106. ADVISORY COMMITTEES.

    ``(a) Establishment.--The Administrator shall establish 1 or more 
advisory committees that reflect a range of interested and engaged 
stakeholders representing the entire supply chain of covered products 
and beverage containers, including--
            ``(1) collection service providers;
            ``(2) cleanup service providers;
            ``(3) recyclers;
            ``(4) composters; and
            ``(5) government entities.
    ``(b) Composition.--
            ``(1) In general.--At a minimum, an advisory committee 
        shall include representatives of--
                    ``(A) producers, including trade associations;
                    ``(B) States;
                    ``(C) metropolitan areas, including--
                            ``(i) small and large metropolitan areas; 
                        and
                            ``(ii) metropolitan areas located in urban 
                        and rural areas;
                    ``(D) counties (or equivalent jurisdictions), 
                including--
                            ``(i) small and large counties; and
                            ``(ii) urban and rural counties;
                    ``(E) public sector recycling, composting, and 
                solid waste industries for the applicable type of 
                covered product or beverage container;
                    ``(F) private sector recycling, composting, and 
                solid waste industries for the applicable type of 
                covered product or beverage container;
                    ``(G) recycled feedstock users for the applicable 
                type of covered product or beverage container;
                    ``(H) environmental organizations;
                    ``(I) environmental justice organizations;
                    ``(J) disability advocates;
                    ``(K) reuse and refill system experts or operators;
                    ``(L) Indian Tribes; and
                    ``(M) environmental and human health scientists.
            ``(2) Requirements.--
                    ``(A) In general.--Each individual serving on an 
                advisory committee may represent only 1 category 
                described in subparagraphs (A) through (M) of paragraph 
                (1).
                    ``(B) Disproportionate representation.--The 
                Administrator shall ensure that no category described 
                in subparagraphs (A) through (M) of paragraph (1) has 
                disproportionate representation on an advisory 
                committee.
            ``(3) Date of appointment.--The Administrator shall appoint 
        all members to each advisory committee established under this 
        section not later than July 1, 2025.
            ``(4) Term.--The Administrator--
                    ``(A) shall appoint the members of an advisory 
                committee for staggered 3-year terms; and
                    ``(B) may reappoint such a member for 1 or more 
                additional terms.
            ``(5) Chairperson.--At the initial meeting of an advisory 
        committee, the advisory committee shall elect a chairperson, 
        who--
                    ``(A) shall serve as chairperson for 1 year; and
                    ``(B) may be reelected as chairperson.
    ``(c) Duties.--An advisory committee shall--
            ``(1) oversee 1 or more Organizations assigned to the 
        advisory committee by the Administrator;
            ``(2) review the Plan, and any revisions to the Plan, of 
        each such Organization;
            ``(3) submit to the applicable Organization a report 
        describing the results of the review under paragraph (2); and
            ``(4) submit to the applicable Organization and the 
        Administrator any reports, recommendations, or objections of 
        the advisory committee relating to a Plan, fee structure, or 
        other activities of an Organization.
    ``(d) Expenses.--
            ``(1) In general.--Each Organization overseen by an 
        advisory committee shall reimburse members of the advisory 
        committee who are representatives of community groups, Indian 
        Tribes, State and local governments, or nonprofit organizations 
        for expenses relating to participation on the advisory 
        committee.
            ``(2) Other members.--A member of an advisory committee not 
        described in paragraph (1) may be compensated by the applicable 
        Organization for travel expenses as necessary to ensure the 
        ability of the member to participate on the advisory committee.
            ``(3) Translation services.--The Organizations overseen by 
        an advisory committee shall be financially responsible for 
        providing to the advisory committee professional language 
        interpretation for oral communications, and translation for 
        written documents and notices, in any language spoken by more 
        than 5 percent of the population residing within a community 
        served by the advisory committee.

``SEC. 12107. REDUCTION, REUSE, AND RECYCLING NEEDS ASSESSMENT.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of this subtitle, and not less frequently than once every 5 
years thereafter, the Administrator shall select, and enter into a 
contract with, a qualified consultant (as determined by the 
Administrator) under which the qualified consultant shall conduct a 
packaging reduction, reuse, and recycling needs assessment (referred to 
in this section as an `assessment'), in accordance with this section--
            ``(1) to identify barriers to, and opportunities for, 
        reducing, reusing, and recycling covered products and beverage 
        containers; and
            ``(2) to inform Plans and budgets of Organizations to 
        support the Organizations in achieving compliance with this 
        part.
    ``(b) Proposals.--
            ``(1) In general.--Subject to applicable Federal 
        competitive bidding requirements, the Administrator shall 
        solicit from qualified consultants proposals to enter into a 
        contract with the Administrator to conduct each assessment.
            ``(2) Requirements.--A proposal to enter into a contract 
        under paragraph (1) shall include, with respect to the period 
        covered by the proposed contract, a description of the means by 
        which the applicable qualified consultant will conduct the 
        assessment with respect to each element described in subsection 
        (c)(1).
            ``(3) Failure to select.--If the Administrator fails to 
        select a qualified consultant to conduct an assessment, 
        including due to a determination that no qualified consultant 
        has submitted a proposal that meets the requirements of this 
        subsection, by the applicable date described in subsection (a), 
        the Administrator shall designate an appropriate Federal 
        department or agency to conduct the assessment.
    ``(c) Requirements.--
            ``(1) Elements.--Each assessment shall evaluate, with 
        respect to the period covered by the assessment--
                    ``(A) the current recycling, composting, and reuse 
                rate for each type of covered product and beverage 
                container;
                    ``(B) the processing capacity, market conditions, 
                and opportunities for recyclable covered products and 
                beverage containers nationally, regionally, and 
                locally;
                    ``(C) funding needs and actions necessary to 
                achieve the requirements of this part, including 
                payments to recyclers, market incentive payments, and 
                other payments;
                    ``(D) barriers affecting covered product and 
                beverage container recycling access and availability, 
                and necessary actions and investments to overcome those 
                barriers;
                    ``(E) the availability, or lack of availability, of 
                markets for recycled covered products and beverage 
                containers, the need to incentivize recycled or 
                composted materials market development, and the 
                associated investments and actions required to ensure 
                that covered products and beverage containers--
                            ``(i) are recycled or composted; and
                            ``(ii) have viable and sufficient 
                        responsible end markets;
                    ``(F) opportunities for, and barriers to, the 
                creation of reuse and refill systems for covered 
                products and beverage containers;
                    ``(G) opportunities for the improvement of 
                recycling of covered products and beverage containers, 
                including the development of responsible end markets 
                for recycled covered products and beverage containers;
                    ``(H) consumer education needs with respect to 
                source reduction, recycling, and reducing contamination 
                in recycling and reuse and refill systems;
                    ``(I) the needs associated with shifting packaging 
                or food service products from a covered product 
                category that is unlikely to develop sustained viable 
                responsible end markets to a covered product category 
                that has a viable responsible end market or is likely 
                to develop a sustained viable responsible end market;
                    ``(J) funding required to implement the source 
                reduction requirements under section 12105, including 
                investments needed--
                            ``(i) to develop reuse and refill system 
                        infrastructure; and
                            ``(ii) to provide to consumers convenient 
                        access to that infrastructure to expand and 
                        market the use of reusable and refillable 
                        covered products and beverage containers; and
                    ``(K) infrastructure and activities required--
                            ``(i) to implement a source reduction plan 
                        under section 12105(a), including investments 
                        in reuse, refill, and composting 
                        infrastructure;
                            ``(ii) to achieve recycling and composting 
                        rates for all covered products and beverage 
                        containers covered by the source reduction 
                        plan; and
                            ``(iii) to ensure covered products and 
                        beverage containers are recyclable or 
                        compostable.
            ``(2) Deadlines.--An assessment shall be submitted to the 
        Administrator--
                    ``(A) for the initial assessment, not later than 2 
                years after the date of enactment of this subtitle; and
                    ``(B) for each subsequent assessment, not later 
                than 5 years after the date on which the previous 
                assessment was submitted to the Administrator.
            ``(3) Cost.--The cost of an assessment shall be paid by the 
        Organizations responsible for the covered products or beverage 
        containers investigated as part of the assessment, in such 
        amounts and in accordance with such procedures as the 
        Administrator may establish, by regulation.
    ``(d) Reports.--Not later than 180 days after the date of receipt 
of an assessment, the Administrator shall submit to Congress and each 
affected Organization, and publish on the website of the Administrator, 
a report that contains--
            ``(1) a summary of the assessment; and
            ``(2) a copy of the assessment, including all data on which 
        the assessment is based.

``SEC. 12108. NATIONAL BEVERAGE CONTAINER PROGRAM.

    ``(a) Responsibilities of Producers.--
            ``(1) In general.--Each producer of beverage containers 
        shall--
                    ``(A) on delivery, charge to the retailer to which 
                the beverage container is delivered a deposit in the 
                amount of the applicable refund value described in 
                subsection (c); and
                    ``(B) on redemption of an empty beverage container 
                by a retailer, pay to the retailer a refund in the 
                amount of the applicable refund value described in 
                subsection (c).
            ``(2) Use of deposits from unredeemed beverage 
        containers.--A producer shall use any amounts received as 
        deposits under paragraph (1)(A) for which an empty beverage 
        container is not redeemed for investment in collection, 
        recycling, and reuse infrastructure.
    ``(b) Responsibilities of Retailers.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each retailer of beverage containers shall--
                    ``(A) at the time of sale, charge to the customer 
                to which the beverage container is sold a deposit in 
                the amount of the applicable refund value described in 
                subsection (c);
                    ``(B) on redemption of an empty beverage container 
                by a customer, pay to the customer a refund in the 
                amount of the applicable refund value described in 
                subsection (c);
                    ``(C) accept a beverage container and pay a refund 
                under subparagraph (B)--
                            ``(i) during any period that the retailer 
                        is open for business; and
                            ``(ii) regardless of whether the specific 
                        beverage container was sold by the retailer; 
                        and
                    ``(D) in the case of a retailer the premises of 
                which is not less than 5,000 square feet, accept any 
                brand and size of beverage container and pay a refund 
                under subparagraph (B) for the beverage container, 
                regardless of whether the retailer sells that brand or 
                size of beverage container.
            ``(2) Exceptions.--
                    ``(A) Dirty or damaged.--A retailer described in 
                paragraph (1) may refuse to accept a beverage container 
                and pay a refund under paragraph (1)(B) if the beverage 
                container--
                            ``(i) visibly contains, or is contaminated 
                        by, a substance other than--
                                    ``(I) water;
                                    ``(II) residue of the original 
                                contents; or
                                    ``(III) ordinary dust; or
                            ``(ii) is so damaged that the brand or 
                        refund label appearing on the beverage 
                        container cannot be identified.
                    ``(B) Quantity limitation.--
                            ``(i) Large retailers.--A retailer 
                        described in paragraph (1)(D) may refuse to 
                        accept and pay a refund under paragraph (1)(B) 
                        for more than 250 beverage containers per 
                        customer per day.
                            ``(ii) Small retailers.--A retailer the 
                        premises of which is less than 5,000 square 
                        feet may refuse to accept and pay a refund 
                        under paragraph (1)(B) for more than 50 
                        beverage containers per customer per day.
                    ``(C) Brand and size.--A retailer described in 
                subparagraph (B)(ii) may refuse to accept and pay a 
                refund under paragraph (1)(B) for a brand or size of 
                beverage container that the retailer does not sell.
                    ``(D) Restaurants.--A retailer described in 
                paragraph (1) that is a restaurant may refuse to accept 
                and pay a refund under paragraph (1)(B) for a beverage 
                container that the retailer did not sell.
                    ``(E) Other means of return.--The Administrator may 
                permit the establishment of convenience zones under 
                which each retailer within a convenience zone shall be 
                exempt from the requirements of this subsection if the 
                Administrator determines that the retailer--
                            ``(i) is located within close proximity to 
                        a redemption center; and
                            ``(ii) shares the cost of the operation of 
                        that redemption center with the applicable 
                        producer.
    ``(c) Applicable Refund Value.--
            ``(1) In general.--The refund value referred to in 
        subsections (a) and (b) shall be established by the 
        Administrator, subject to the condition that the value shall be 
        not less than $0.10.
            ``(2) Adjustments.--Beginning on the date that is 3 years 
        after the date of enactment of this subtitle, the Administrator 
        may--
                    ``(A) increase the refund value under paragraph (1) 
                to account for--
                            ``(i) inflation; and
                            ``(ii) other factors, such as a failure to 
                        meet performance targets described in section 
                        12105(a); or
                    ``(B) decrease the refund value under paragraph (1) 
                to account for beverage containers that--
                            ``(i) are specifically designed to be 
                        reusable or refillable; and
                            ``(ii) have a high reuse and refill rate.
            ``(3) Discretionary increases.--A producer of a beverage 
        container, or a State, may require a refund value that is more 
        than the applicable refund value established under this 
        subsection.
    ``(d) Labeling.--Each producer of beverage containers sold in the 
United States shall ensure that the label of each such beverage 
container includes a standardized, clearly visible description of the 
applicable refund value under this section.
    ``(e) Responsibilities of Organizations.--
            ``(1) Collection and storage.--An Organization of producers 
        of beverage containers shall facilitate the collection and 
        storage of beverage containers that are returned to retailers 
        under this section by providing storage or other means to 
        collect the beverage containers until collection for recycling, 
        such as reverse vending machines or other options that are 
        convenient for consumers.
            ``(2) Redemption centers.--
                    ``(A) In general.--An Organization of producers of 
                beverage containers shall establish and operate 
                redemption centers to accept beverage containers from 
                consumers.
                    ``(B) Requirements.--A redemption center shall--
                            ``(i) be staffed and available to the 
                        public--
                                    ``(I) each day, other than a 
                                Federal or local holiday; and
                                    ``(II) for not fewer than 10 hours 
                                each day;
                            ``(ii) accept--
                                    ``(I) any beverage container; and
                                    ``(II) up to 350 beverage 
                                containers per person per day; and
                            ``(iii) provide--
                                    ``(I) hand or automated counts 
                                conducted by staff of the redemption 
                                center;
                                    ``(II) a drop door for consumers to 
                                deposit containers of mixed beverage 
                                containers for staff of the redemption 
                                center to count, for which the 
                                redemption center may collect a 
                                convenience fee; or
                                    ``(III) any other convenient means 
                                of receiving and counting beverage 
                                containers, as determined by the 
                                Administrator.
            ``(3) Curbside collection.--An Organization may pay to an 
        entity that collects curbside recycling an amount equal to the 
        applicable refund value under subsection (c) for beverage 
        containers collected by the entity based on weight or another 
        measurement that approximates the amount of the refunds, as 
        negotiated by the Organization and the entity.
    ``(f) Excluded States.--
            ``(1) Definition of eligible state.--In this subsection, 
        the term `eligible State' means a State that--
                    ``(A) has in effect, before the date of enactment 
                of this subtitle, a beverage container law the 
                requirements of which are substantially similar to the 
                requirements relating to beverage containers under this 
                part, as determined by the Administrator; and
                    ``(B) enacts legislation after the date of 
                enactment of this subtitle to update the law described 
                in subparagraph (A) to be consistent with the refund 
                values under, and beverage containers covered by, this 
                part.
            ``(2) Compliance with state law.--In the case of an 
        eligible State, compliance with the law of the eligible State 
        by a producer, retailer, or Organization shall be considered to 
        be compliance with this section.
            ``(3) Conformity.--Each eligible State is encouraged to 
        negotiate with relevant Organizations with respect to updated 
        features of the beverage container-related laws of the eligible 
        State, such as sharing new revenue from increased deposits.

``SEC. 12109. ELIMINATION OF TOXIC SUBSTANCES IN BEVERAGE CONTAINERS 
              AND POST-CONSUMER RECYCLED MATERIAL.

    ``(a) Prohibition.--Effective beginning on the date that is 2 years 
after the date of enactment of this subtitle, no retailer may sell, 
offer for sale, or distribute any single-use beverage container that--
            ``(1) is composed wholly or partially of polyethylene 
        terephthalate;
            ``(2) is opaque or pigmented a color other than transparent 
        blue or transparent green;
            ``(3) contains polyethylene glycol; or
            ``(4) contains a toxic substance.
    ``(b) Requirements for Containing Recycled Content.--The 
Administrator shall require each producer of plastic beverage 
containers to ensure that the plastic beverage containers are composed 
of--
            ``(1) by January 1, 2025, not less than 15 percent post-
        consumer recycled material from United States sources;
            ``(2) by January 1, 2030, not less than 30 percent post-
        consumer recycled material from United States sources;
            ``(3) by January 1, 2035, not less than 45 percent post-
        consumer recycled material from United States sources;
            ``(4) by January 1, 2040, not less than 60 percent post-
        consumer recycled material from United States sources; and
            ``(5) by such dates thereafter as the Administrator shall 
        establish, such percentage of post-consumer recycled material 
        from United States sources as the Administrator determines to 
        be appropriate, by regulation.
    ``(c) Penalty.--
            ``(1) In general.--A retailer or producer that violates a 
        prohibition under subsection (a) or (b), respectively, shall be 
        subject to a fine for each violation.
            ``(2) Treatment of product lines.--For purposes of this 
        section, each product line of beverage containers shall be 
        considered to be a separate violation of this section if any 
        beverage container included in the product line is a beverage 
        container described in subsection (a).
            ``(3) Maximum amount.--The amount of a fine under this 
        subsection shall be not more than $50,000 per violation.

``SEC. 12110. REPORTING AND AUDITING.

    ``(a) In General.--Not less frequently than annually, each 
Organization shall prepare and publish on a publicly available website 
a report that includes--
            ``(1) with respect to the covered products or beverage 
        containers sold or imported by any member of the Organization, 
        a description of, at a minimum--
                    ``(A) the quantity of covered products or beverage 
                containers sold or imported and collected (by 
                submaterial type and State) for--
                            ``(i) the calendar year covered by the 
                        report; and
                            ``(ii) each preceding calendar year;
                    ``(B) management of those covered products or 
                beverage containers, including recycling rates (by 
                submaterial type), for--
                            ``(i) the calendar year covered by the 
                        report; and
                            ``(ii) each preceding calendar year;
                    ``(C) data relating to the final destination and 
                quantity of reclaimed covered products or beverage 
                containers (by submaterial type), including the form of 
                any covered products or beverage containers exported;
                    ``(D) contamination in the recycling stream of the 
                covered products or beverage containers;
                    ``(E) relevant collection service vendors and 
                collection locations, including--
                            ``(i) the geographical distribution of 
                        collection;
                            ``(ii) the proximity of those vendors and 
                        locations to population centers;
                            ``(iii) hours of operation;
                            ``(iv) actions taken to reduce barriers to 
                        collection by expanding curbside collection or 
                        facilitating drop-offs; and
                            ``(v) frequency of collection availability;
                    ``(F) progress made toward achieving compliance 
                with the requirements of this part, including the 
                quantity of covered products or beverage containers 
                that have been source-reduced through elimination or 
                replacement by reusable covered products or beverage 
                containers (by submaterial type and State), for--
                            ``(i) the calendar year covered by the 
                        report; and
                            ``(ii) each preceding calendar year for 
                        which a report under this subsection was 
                        prepared; and
                    ``(G) additional efforts to reduce environmental 
                impacts, including greenhouse gas emissions, at each 
                lifecycle stage of the covered products or beverage 
                containers; and
            ``(2) the budget of the Organization;
            ``(3) a description of any outreach and education efforts 
        under section 12111 conducted during the calendar year covered 
        by the report, including the results of those efforts;
            ``(4) a description of any customer service efforts 
        conducted during the calendar year covered by the report, 
        including the results of those efforts;
            ``(5) the status of packaging innovation and design 
        characteristics implemented to prevent littering, make covered 
        products or beverage containers reusable or refillable, or 
        reduce overall covered product and beverage container waste; 
        and
            ``(6) any other information that the Administrator 
        determines to be appropriate.
    ``(b) Consistency.--Organizations shall coordinate reporting under 
subsection (a), to the maximum extent practicable, to provide for 
consistency of information across a category of covered products or 
beverage containers.
    ``(c) Audits.--Not less frequently than once every 2 years, the 
Administrator shall conduct an audit of--
            ``(1) collection and recycling of covered products and 
        beverage containers under this part to provide an accounting of 
        any collection or recycling efforts that are not conducted by a 
        producer or an Organization; and
            ``(2) covered products and beverage containers of brand 
        names found in litter to provide for an accounting of covered 
        products, beverage containers, and other litter that continues 
        to create pollution.
    ``(d) Reductions in State and Local Taxes.--Not later than February 
1, 2027, and annually thereafter, the Administrator shall prepare and 
make publicly available a report describing--
            ``(1) the effect of this part on costs incurred by units of 
        State and local government for the management and cleanup of 
        covered products and beverage containers; and
            ``(2) any reductions in State or local taxes as a result of 
        a reduction in costs described in paragraph (1).

``SEC. 12111. PUBLIC OUTREACH AND EDUCATION.

    ``(a) In General.--Each Organization shall conduct public outreach 
activities to provide to consumers educational and informational 
materials relating to the quantity of covered products and beverage 
containers recycled, reducing the quantity of covered products and 
beverage containers discarded, and participating in reuse and refill 
systems, including, at a minimum--
            ``(1) proper end-of-life management of covered products and 
        beverage containers;
            ``(2) the location and availability of curbside and drop-
        off collection opportunities;
            ``(3) the location and availability of reuse and refill 
        systems;
            ``(4) methods to prevent litter of covered products and 
        beverage containers; and
            ``(5) reuse, recycling, and composting instructions that 
        are--
                    ``(A) consistent with the recycling and composting 
                receptacle labeling requirements under section 12225;
                    ``(B) consistent nationwide, except as necessary to 
                take into account differences among State and local 
                laws;
                    ``(C) easy to understand; and
                    ``(D) easily accessible, including availability in 
                multiple languages to reach a diverse ethnic 
                population.
    ``(b) Requirements.--The public outreach and education activities 
under this section shall--
            ``(1) be designed to achieve the management goals for 
        covered products and beverage containers under this part, 
        including the prevention of contamination by covered products 
        and beverage containers in other management systems or other 
        materials;
            ``(2) use all available forms of media, including 
        television, radio, print, electronic, and web-based media, to 
        provide information directly to consumers, in multiple 
        languages;
            ``(3) be coordinated with units of local government to 
        incorporate electronic, print, web-based, and social media 
        elements that a local government may elect to use to provide 
        education directly to residents;
            ``(4) be provided to producers for inclusion on packaging 
        labels to inform consumers regarding methods to responsibly 
        reuse, recycle, or dispose of the packaging; and
            ``(5) be coordinated with other Organizations, as 
        applicable--
                    ``(A) to avoid consumer confusion; and
                    ``(B) to facilitate the consolidation of available 
                resources.
    ``(c) Additional Educational Materials.--In addition to public 
outreach and education activities under this section, an Organization 
may provide to producers and retailers educational materials relating 
to the responsible reduction, reuse, recycling, or composting of 
covered products and beverage containers through--
            ``(1) printed materials, signage, and templates of 
        materials that can be reproduced by retailers and provided to 
        consumers at the time of purchase; and
            ``(2) advertising materials that promote and encourage the 
        proper reuse, recycling, and disposal of covered products and 
        beverage containers.

``SEC. 12112. REDUCTION AND LITTER CLEANUP TRUST FUND.

    ``(a) Definitions.--In this section:
            ``(1) Resin maker.--The term `resin maker' means an entity 
        that--
                    ``(A) transforms petrochemical gas and liquids into 
                ethylene and propylene for later conversion into 
                plastic polymers;
                    ``(B) transforms ethylene and propylene into any 
                other chemical for later conversion into plastic 
                polymers; or
                    ``(C) polymerizes petrochemical feedstocks, 
                including ethylene, ethylene glycol, terephthalic acid, 
                propylene, vinyl chloride, styrene, phenol, 
                formaldehyde, and acetonitrile, into polymers.
            ``(2) Trust fund.--The term `Trust Fund' means the 
        Reduction and Litter Cleanup Trust Fund established by 
        subsection (b).
    ``(b) Establishment.--There is established in the Treasury of the 
United States a trust fund, to be known as the `Reduction and Litter 
Cleanup Trust Fund', to be administered by the Administrator.
    ``(c) Amounts.--The Trust Fund shall consist of such amounts as are 
deposited in the Trust Fund under subsection (d)(2).
    ``(d) Fees; Deposits.--
            ``(1) Fees.--
                    ``(A) In general.--In accordance with such formulas 
                and procedures as the Administrator may establish, the 
                Administrator, in consultation with the Secretary of 
                the Treasury, shall assess against--
                            ``(i) each producer an annual fee based on 
                        the quantity of plastic covered products or 
                        beverage containers manufactured, distributed, 
                        sold, or imported by the producer during the 
                        preceding calendar year; and
                            ``(ii) each resin maker an annual fee based 
                        on the quantity of plastic resin or plastic 
                        resin feedstocks manufactured, distributed, 
                        sold, or imported by the resin maker during the 
                        preceding calendar year.
                    ``(B) Method of payment.--A producer or resin maker 
                may pay a fee assessed under subparagraph (A)--
                            ``(i) individually; or
                            ``(ii) through the applicable Organization 
                        of which the producer or resin maker is a 
                        member.
            ``(2) Deposits.--The following amounts shall be deposited 
        in the Trust Fund:
                    ``(A) An amount equal to the amounts collected as 
                fees under paragraph (1).
                    ``(B) An amount equal to the amounts collected as 
                fines under sections 12101(c)(2), 12109(c), 12113(c), 
                and 12114(d).
                    ``(C) Any late payments, interest, and such other 
                amounts authorized to be collected pursuant to section 
                3717 of title 31, United States Code, relating to a fee 
                or fine described in subparagraph (A) or (B).
    ``(e) Availability.--Amounts in the Trust Fund shall--
            ``(1) only be available to the extent and in the amount 
        provided in advance in appropriations Acts;
            ``(2) be used for the costs of carrying out this part, in 
        accordance with subsection (f); and
            ``(3) remain available until expended.
    ``(f) Expenditures From Trust Fund.--
            ``(1) In general.--Subject to paragraph (2), the 
        Administrator shall use amounts in the Trust Fund to make 
        grants for activities relating to--
                    ``(A) reuse and refill infrastructure;
                    ``(B) litter cleanup; and
                    ``(C) environmental remediation.
            ``(2) Allocation.--Of the amounts in the Trust Fund, the 
        Administrator shall ensure that, for each fiscal year--
                    ``(A) not less than 40 percent is used for 
                environmental remediation, of which not less than 50 
                percent shall be used to carry out projects that 
                primarily benefit environmental justice communities; 
                and
                    ``(B) not less than 60 percent is used to mitigate 
                historic and continued impacts on environmental justice 
                communities, of which not less than 75 percent shall be 
                used to directly and primarily benefit environmental 
                justice communities.

``SEC. 12113. PROHIBITION ON CERTAIN TOXIC SUBSTANCES AND MATERIALS.

    ``(a) Prohibition.--Effective beginning on the date that is 4 years 
after the date of enactment of this subtitle, no producer may sell, 
offer for sale, or distribute in the United States--
            ``(1) any packaging that contains a toxic substance; or
            ``(2) any prohibited plastic packaging.
    ``(b) Designation of New Toxic Substances.--
            ``(1) In general.--Not later than 180 days after the date 
        on which the Administrator designates a substance, mixture, or 
        compound as a toxic substance, the Administrator shall 
        promulgate regulations to prohibit that toxic substance in 
        packaging.
            ``(2) Effective date.--The effective date of regulations 
        promulgated pursuant to paragraph (1) relating to a toxic 
        substance shall be not later than 2 years after the date of 
        designation of the toxic substance under that paragraph.
    ``(c) Penalty.--
            ``(1) In general.--A producer that violates this section 
        shall be subject to a fine for each violation.
            ``(2) Treatment of product lines.--For purposes of this 
        subsection, each product line sold, offered for sale, or 
        distributed to consumers by a producer shall be considered to 
        be a separate violation of this section.
            ``(3) Maximum amount.--The amount of a fine under this 
        subsection shall be not more than $50,000 per violation.

``SEC. 12114. ENFORCEMENT.

    ``(a) In General.--The Inspector General of the Environmental 
Protection Agency, in consultation with the Administrator and the 
Attorney General (referred to in this section as the `Inspector 
General')--
            ``(1) shall evaluate each Organization not less frequently 
        than annually to ensure that--
                    ``(A) the Organization is implementing the Plan of 
                the Organization in a manner that meets the 
                requirements of this part; and
                    ``(B) each producer participating in the 
                Organization is in compliance with the applicable 
                requirements of this part; and
            ``(2) may commence an enforcement action against--
                    ``(A) any Organization, as necessary; and
                    ``(B) any participating producer that is not in 
                compliance with an applicable requirement of this part.
    ``(b) Investigations.--In an evaluation under subsection (a)(1), 
the Inspector General may, as the Inspector General determines to be 
appropriate--
            ``(1) conduct investigations, including by inspecting 
        operations, facilities, and records of--
                    ``(A) an Organization; or
                    ``(B) a producer participating in an Organization; 
                and
            ``(2) audit an Organization or any participating producer.
    ``(c) Notice.--The Inspector General shall submit to each 
applicable Organization and producer, as applicable, a notice 
describing--
            ``(1) any relevant conduct or practice that does not comply 
        with an applicable requirement of this part; and
            ``(2) any inconsistency identified as a result of an audit 
        under subsection (b)(2).
    ``(d) Penalty.--
            ``(1) In general.--An Organization, and any producer, that 
        violates an applicable requirement of this part shall be 
        subject to a fine for each violation.
            ``(2) Treatment of product lines.--For purposes of this 
        section, each product line sold, offered for sale, or 
        distributed to consumers by a producer shall be considered to 
        be a separate violation of this part.
            ``(3) Maximum amount.--The amount of a fine under this 
        subsection shall be not more than $100,000 per day for each 
        violation.
    ``(e) Citizen Suits.--
            ``(1) In general.--In accordance with applicable Federal 
        law, subject to the provision to the respondent of appropriate 
        notice, any citizen of the United States may commence in a 
        United States district court of competent jurisdiction an 
        action against any individual or entity, a producer, an 
        Organization, the Administrator, or the Inspector General to 
        enforce this part.
            ``(2) Administrator as intervenor.--In any action filed 
        pursuant to this subsection to which the Administrator is not a 
        party, the Administrator may intervene as a matter of right.

              ``PART II--REDUCTION OF SINGLE-USE PRODUCTS

 ``Subpart A--Prohibitions on Single-use Plastic Bags and Polystyrene 
           Foam Food Service Products; Accessories on Request

``SEC. 12201. DEFINITIONS.

    ``In this subpart:
            ``(1) Carryout bag.--
                    ``(A) In general.--The term `carryout bag' means a 
                bag provided to a customer by a retail establishment or 
                food service business for the purpose of transporting 
                groceries, a prepared food, or a retail good.
                    ``(B) Exclusions.--The term `carryout bag' does not 
                include--
                            ``(i) a paper bag provided by a pharmacy to 
                        a customer purchasing a prescription 
                        medication;
                            ``(ii) a bag without handles that is--
                                    ``(I) used to protect items from 
                                damaging or contaminating other 
                                purchased items placed in a recycled 
                                paper bag or a reusable grocery bag; or
                                    ``(II) designed to be placed over 
                                articles of clothing on a hanger;
                            ``(iii) a bag used solely to contain a live 
                        animal, such as a fish or insect sold at a pet 
                        store or bait shop;
                            ``(iv) a newspaper bag; or
                            ``(v) a bag provided to contain an 
                        unwrapped food item.
            ``(2) Food service business.--
                    ``(A) In general.--The term `food service business' 
                means a commercial entity that sells or provides food 
                for consumption on or off the premises of the entity.
                    ``(B) Inclusions.--The term `food service business' 
                includes a restaurant, cafe, delicatessen, coffee shop, 
                convenience store, grocery store, vending truck or 
                cart, food truck, movie theater, and business or 
                institutional cafeteria, including such a business 
                operated by, or on behalf of, any governmental entity.
            ``(3) Polystyrene foam food service product.--
                    ``(A) In general.--The term `polystyrene foam food 
                service product' means a food service product made 
                wholly or partially of a material described in 
                subparagraph (B).
                    ``(B) Description of material.--A material referred 
                to in subparagraph (A) is blown polystyrene, and any 
                expanded and extruded foam of that polystyrene, that 
                is--
                            ``(i) a thermoplastic petrochemical 
                        material made using a styrene monomer; and
                            ``(ii) processed by a technique such as--
                                    ``(I) fusion of polymer spheres 
                                (commonly known as `expandable bead 
                                polystyrene');
                                    ``(II) injection molding;
                                    ``(III) foam molding; or
                                    ``(IV) extrusion-blow molding 
                                (commonly known as `extruded foam 
                                polystyrene').
                    ``(C) Inclusions.--The term `polystyrene foam food 
                service product' includes a food container, a plate, an 
                egg carton, a hot or cold beverage cup, a meat, fish, 
                seafood, or vegetable tray, and cutlery.
            ``(4) Prepared food.--
                    ``(A) In general.--The term `prepared food' means a 
                food or beverage that is serviced, packaged, cooked, 
                chopped, sliced, mixed, brewed, frozen, squeezed, or 
                otherwise prepared for an individual customer or 
                consumer.
                    ``(B) Exclusions.--The term `prepared food' does 
                not include--
                            ``(i) a raw egg;
                            ``(ii) butchered meat;
                            ``(iii) butchered fish or seafood; or
                            ``(iv) butchered poultry.
            ``(5) Retail establishment.--
                    ``(A) In general.--The term `retail establishment' 
                means a store or premises at which a person is engaged 
                in the business of selling or providing directly to 
                customers at retail pricing--
                            ``(i) merchandise, goods, groceries, 
                        prepared food, or beverages, for consumption 
                        off-premises; or
                            ``(ii) the servicing of an item.
                    ``(B) Inclusions.--The term `retail establishment' 
                includes--
                            ``(i) a grocery store;
                            ``(ii) a department store;
                            ``(iii) a pharmacy;
                            ``(iv) a convenience store;
                            ``(v) a restaurant;
                            ``(vi) a coffee shop;
                            ``(vii) a seasonal or temporary business, 
                        including a farmers' market and a public 
                        market;
                            ``(viii) a food truck or other motor 
                        vehicle, mobile canteen, trailer, market 
                        pushcart, or moveable roadside stand used by a 
                        person from which to engage in selling or 
                        providing described in subparagraph (A) 
                        directly with customers, without a storefront, 
                        including a business delivering prepared foods 
                        or other food items, a web-based or catalog 
                        business, and a delivery service used by a 
                        retail establishment; and
                            ``(ix) a nonprofit organization, charity, 
                        or religious institution that--
                                    ``(I) has a retail establishment; 
                                and
                                    ``(II) holds itself out to the 
                                public as engaging in retail activities 
                                that are characteristic of similar type 
                                retail businesses, regardless of 
                                whether such an activity is carried out 
                                on a for-profit basis.
            ``(6) Reusable.--The term `reusable', with respect to a 
        carryout bag, means that the carryout bag is--
                    ``(A) a sewn bag with stitched handles;
                    ``(B) made of cloth or another machine-washable 
                fabric, other than polyethylene or polyvinyl chloride;
                    ``(C) specifically designed and manufactured for 
                not fewer than 175 uses; and
                    ``(D) capable of carrying contents weighing 25 
                pounds or more for a distance of 300 feet or more.
            ``(7) Single-use paper bag.--The term `single-use paper 
        bag' means a paper bag that--
                    ``(A) is 100-percent recyclable;
                    ``(B) contains--
                            ``(i) for a paper bag weighing 8 pounds or 
                        less, not less than 20 percent post-consumer 
                        recycled material; and
                            ``(ii) for a paper bag weighing more than 8 
                        pounds, not less than 40 percent post-consumer 
                        recycled material; and
                    ``(C) displays, in a visible manner on the outside 
                of the paper bag--
                            ``(i) the word `Recyclable'; and
                            ``(ii) the phrase `Made from ___ percent 
                        post-consumer recycled material', the blank 
                        space being filled in with the appropriate 
                        percentage of post-consumer recycled material 
                        contained in the paper bag.
            ``(8) Single-use plastic bag.--The term `single-use plastic 
        bag' means a carryout bag that--
                    ``(A) is made of plastic; and
                    ``(B) is not reusable.

``SEC. 12202. BAG REQUIREMENTS.

    ``(a) Ban on Single-Use Plastic Bags.--Effective beginning on the 
date that is 1 year after the date of enactment of this subtitle, no 
retail establishment or food service business shall provide or sell to 
a customer any single-use plastic bag.
    ``(b) Reusable Carryout Bags and Single-Use Paper Bags.--
            ``(1) In general.--Effective beginning on the date that is 
        1 year after the date of enactment of this subtitle, a retail 
        establishment or food service business may make available for 
        purchase at the point of sale only, as applicable--
                    ``(A) reusable carryout bags; or
                    ``(B) single-use paper bags.
            ``(2) Minimum price.--The price of a reusable carryout bag 
        or single-use paper bag sold under paragraph (1) shall be not 
        less than $0.10.
            ``(3) Retention of funds.--Any funds collected under this 
        subsection for the sale of a reusable carryout bag or single-
        use paper bag shall be retained by the applicable retail 
        establishment or food service business.

``SEC. 12203. FOOD SERVICE PRODUCTS.

    ``(a) Polystyrene Foam Food Service Products.--
            ``(1) Prohibitions.--Except as provided in paragraphs (2) 
        and (3), effective beginning on the date that is 18 months 
        after the date of enactment of this subtitle--
                    ``(A) no person shall sell or offer for sale any 
                polystyrene foam food service product; and
                    ``(B) no food service business shall provide or 
                sell any food in a polystyrene foam food service 
                product.
            ``(2) Exceptions.--For the 2-year period beginning on the 
        effective date described in paragraph (1), the following 
        products shall be exempt from the prohibitions under that 
        paragraph:
                    ``(A) Meat and fish trays for raw or butchered 
                meat, including poultry or fish that is sold from a 
                refrigerator or similar appliance.
                    ``(B) Produce prepackaged by the producer with a 
                polystyrene foam food service product.
            ``(3) Waiver.--
                    ``(A) Applications.--To be eligible for a waiver of 
                a prohibition under paragraph (1), a person or food 
                service business shall submit to the Administrator an 
                application at such time, in such manner, and 
                containing such information as the Administrator may 
                require.
                    ``(B) Approval.--The Administrator may approve an 
                application under subparagraph (A), and provide to the 
                applicant the waiver requested in the application, if 
                the Administrator determines that--
                            ``(i) there is no feasible, commercially 
                        available alternative for a specific 
                        polystyrene foam food service product; or
                            ``(ii)(I) the gross annual income of the 
                        applicant for the calendar year preceding the 
                        year during which the application is submitted 
                        is less than $500,000; and
                            ``(II) there is no reasonably affordable, 
                        commercially available alternative to the 
                        polystyrene foam food service product.
                    ``(C) Term.--
                            ``(i) In general.--Subject to clause (ii), 
                        a waiver provided under this paragraph may be 
                        in effect for a period of not longer than 1 
                        year.
                            ``(ii) Extensions.--On receipt of a written 
                        application, the Administrator may extend a 
                        waiver provided under this paragraph for 
                        additional periods, each of which is not longer 
                        than 1 year.
    ``(b) Plastic Utensils, Stirrers, Splash Sticks, Cocktail Sticks, 
and Sandwich Sticks.--Effective beginning on the date that is 18 months 
after the date of enactment of this subtitle--
            ``(1) no person shall sell, offer for sale, provide, or 
        distribute any plastic utensil (including forks, knives, 
        spoons, sporks, and chopsticks), stirrer, splash stick, 
        cocktail stick, sandwich stick, or toothpick; and
            ``(2) no food service business shall provide, distribute, 
        or sell any plastic utensil (including forks, knives, spoons, 
        sporks, and chopsticks), stirrer, splash stick, cocktail stick, 
        sandwich stick, or toothpick.
    ``(c) Food Service Accessories on Request.--
            ``(1) Definition of food service accessory.--In this 
        subsection, the term `food service accessory' means any item or 
        accessory that typically accompanies a food product provided by 
        a food service business, including--
                    ``(A) a product used for serving, consuming, or 
                packaging a food or beverage prepared by a food service 
                business, including a cup, bowl, plate, tray, carton, 
                box, wrapper or liner, hinged or lidded container 
                (commonly known as a `clamshell'), and napkin;
                    ``(B) a condiment cup or packet;
                    ``(C) a cup sleeve, top, lid, or spill plug; and
                    ``(D) any other similar accompanying item used as 
                part of a food service business.
            ``(2) Request required.--Effective beginning on the date 
        that is 1 year after the date of enactment of this subtitle, a 
        food service business may only provide to a customer a food 
        service accessory for dining onsite, or for a take-out or 
        delivery order, on request of the customer.
            ``(3) Condiments.--Effective beginning on the date that is 
        1 year after the date of enactment of this subtitle, any 
        condiment provided for consumption on the premises of a food 
        service business shall be served from--
                    ``(A) a reusable container; or
                    ``(B) a bulk dispenser.
            ``(4) Portioning.--Effective beginning on the date that is 
        1 year after the date of enactment of this subtitle, a food 
        service accessory or condiment--
                    ``(A) shall not be--
                            ``(i) bundled; or
                            ``(ii) individually wrapped; and
                    ``(B) shall be dispensed using a dispenser that 
                provides not more than 1 food service accessory or 
                condiment item at a time to ensure customers receive 
                only the quantity needed.
            ``(5) Take-out food and delivery ordering platforms.--
        Effective beginning on the date that is 1 year after the date 
        of enactment of this subtitle, each take-out food and delivery 
        ordering platform shall provide--
                    ``(A) to food service businesses a method to 
                customize the menus of the food service businesses to 
                include a description of the food service accessories 
                and condiments offered for take-out and delivery orders 
                from the food service business; and
                    ``(B) to customers the option to request specific 
                food service accessories and condiments for inclusion 
                in an order placed on the platform.
            ``(6) Travel.--
                    ``(A) In general.--Notwithstanding any other 
                requirement of this section, a food service business 
                described in subparagraph (B) may ask a customer if the 
                customer desires or requires a food service accessory--
                            ``(i) to consume or transport ready-to-
                        consume food; or
                            ``(ii) to prevent food from spilling.
                    ``(B) Description of food service business.--A food 
                service business referred to in subparagraph (A) is a 
                food service business that--
                            ``(i) is located entirely within a public 
                        use airport (as defined in section 77.3 of 
                        title 14, Code of Federal Regulations (or a 
                        successor regulation)); or
                            ``(ii) provides food products wholly or 
                        partially through the use of a drive-through 
                        facility.
    ``(d) Effect of Section.--Nothing in this section--
            ``(1) restricts the ability of a food service business to 
        provide a single-use plastic straw or single-serve condiment 
        packet to an individual that requests such a straw or packet 
        due to a disability or other medical or physical condition or 
        circumstance; or
            ``(2) prohibits a retail establishment from--
                    ``(A) selling packages of single-use plastic straws 
                to customers; or
                    ``(B) providing or selling a beverage prepackaged 
                by the manufacturer with a single-use plastic straw, 
                including a juice box.

``SEC. 12204. VIOLATIONS; ENFORCEMENT.

    ``(a) Violations.--
            ``(1) In general.--Any person that violates an applicable 
        provision of this subpart (including regulations), shall be 
        subject to--
                    ``(A) a warning for the initial violation;
                    ``(B) a fine in an amount equal to not more than 
                $1,000 for the second violation; and
                    ``(C) a fine in an amount equal to not more than 
                $5,000 for a third or subsequent violation.
            ``(2) Treatment.--If a violation described in paragraph (1) 
        is of a continuing nature, each day during which the violation 
        continues shall be considered to be an additional, separate, 
        and distinct violation for purposes of this subsection.
            ``(3) Payment to administrator.--A fine collected pursuant 
        to this subsection shall be remitted to the Administrator.
    ``(b) Enforcement.--Subject to subsection (a)(3), the Administrator 
or an affected local government may enforce this subpart.

``SEC. 12205. EDUCATION AND OUTREACH.

    ``Not later than 120 days after the date of enactment of this 
subtitle, the Administrator shall--
            ``(1) establish a program to assist persons in achieving 
        compliance with this subpart, including by--
                    ``(A) developing and publishing on a public website 
                guidance relating to that compliance; and
                    ``(B) establishing an online clearinghouse of 
                vendors that provide environmentally sound alternatives 
                to single-use plastic bags, single-use paper bags, 
                polystyrene foam food service products, and single-use 
                plastic straws; and
            ``(2) in cooperation with local governments, environmental 
        organizations, and the business community, develop and 
        implement a public information and education program with 
        respect to this subpart, including--
                    ``(A) educational materials;
                    ``(B) public service announcements; and
                    ``(C) the distribution of--
                            ``(i) free, reusable carryout bags; and
                            ``(ii) information relating to the 
                        environmental harms associated with single-use 
                        plastic bags.

``SEC. 12206. RULEMAKING.

    ``The Administrator shall promulgate such regulations as the 
Administrator determines to be necessary to carry out this subpart.

         ``Subpart B--Prohibition on Other Single-use Products

``SEC. 12211. DEFINITIONS.

    ``In this subpart:
            ``(1) Black plastic.--The term `black plastic' means any 
        plastic with a black plastic resin code 1 through 7.
            ``(2) Disposable food service ware.--
                    ``(A) In general.--The term `disposable food 
                service ware' means a single-use or disposable product 
                for heating, storing, packaging, serving, consuming, or 
                transporting a prepared or ready-to-consume food or 
                beverage.
                    ``(B) Inclusions.--The term `disposable food 
                service ware' includes--
                            ``(i) a bowl, plate, tray, carton, cup, 
                        lid, hinged or lidded container, spoon, fork, 
                        and knife;
                            ``(ii) any container used by a food 
                        establishment to heat, cook, or store a food or 
                        beverage prior to serving, regardless of 
                        whether the container is used to serve the food 
                        or beverage; and
                            ``(iii) any item described in clause (i) or 
                        (ii) that is sold by a retail establishment to 
                        a consumer for personal use.
            ``(3) Food establishment.--
                    ``(A) In general.--The term `food establishment' 
                means an operation that serves, vends, or otherwise 
                provides a food product to a third party for 
                consumption or use on or off the premises of the 
                operation, regardless of whether a fee is charged for 
                the food product.
                    ``(B) Inclusion.--The term `food establishment' 
                includes any facility the operation of which requires a 
                food service permit in accordance with applicable 
                Federal or State law (including regulations).
                    ``(C) Exclusion.--The term `food establishment' 
                does not include a home or other private setting in 
                which a food product is provided as described in 
                subparagraph (A).
            ``(4) Personal care product.--The term `personal care 
        product' includes--
                    ``(A) shampoo;
                    ``(B) hair conditioner;
                    ``(C) bath soap;
                    ``(D) shower gel;
                    ``(E) lotion; and
                    ``(F) hand soap.
            ``(5) Prepared food.--The term `prepared food' has the 
        meaning given the term in section 12201.
            ``(6) Retail establishment.--The term `retail 
        establishment' has the meaning given the term in section 12201.

``SEC. 12212. PROHIBITION ON CERTAIN TRAVEL TOILETRIES.

    ``(a) Definitions.--In this section:
            ``(1) Lodging establishment.--
                    ``(A) In general.--The term `lodging establishment' 
                means an establishment that contains 1 or more sleeping 
                room accommodations that are rented or otherwise 
                provided to the public.
                    ``(B) Inclusions.--The term `lodging establishment' 
                includes--
                            ``(i) a hotel;
                            ``(ii) a motel;
                            ``(iii) a resort;
                            ``(iv) a bed and breakfast;
                            ``(v) an inn; and
                            ``(vi) a vacation rental.
                    ``(C) Exclusions.--The term `lodging establishment' 
                does not include--
                            ``(i) a hospital;
                            ``(ii) a nursing home;
                            ``(iii) a residential retirement community;
                            ``(iv) a prison or jail;
                            ``(v) a homeless shelter;
                            ``(vi) a boarding school;
                            ``(vii) a unit of worker housing;
                            ``(viii) a long-term rental; or
                            ``(ix) a house, apartment, or other livable 
                        space at which the individual providing a 
                        sleeping accommodation as described in 
                        subparagraph (A) is a permanent resident who 
                        lives on the premises.
            ``(2) Small plastic bottle.--The term `small plastic 
        bottle' means a plastic bottle or container that--
                    ``(A) has a capacity of less than 6 ounces; and
                    ``(B) is intended to be nonreusable by the end 
                user.
    ``(b) Prohibition.--
            ``(1) In general.--Subject to subsection (c), effective 
        beginning on the applicable date described in paragraph (2), a 
        lodging establishment shall not provide any small plastic 
        bottle containing a personal care product--
                    ``(A) to any individual staying in a sleeping room 
                accommodation of the lodging establishment;
                    ``(B) in any space within a sleeping room 
                accommodation of the lodging establishment; or
                    ``(C) in any bathroom of the lodging establishment 
                that is shared by--
                            ``(i) the public; or
                            ``(ii) guests of the lodging establishment.
            ``(2) Effective date.--The date referred to in paragraph 
        (1) is--
                    ``(A) for a lodging establishment with more than 50 
                rooms, the date that is 180 days after the later of--
                            ``(i) the date of enactment of this 
                        subtitle; and
                            ``(ii) the date on which the lodging 
                        establishment commences operation; and
                    ``(B) for a lodging establishment with 50 or fewer 
                rooms, the date that is 1 year after the later of--
                            ``(i) the date of enactment of this 
                        subtitle; and
                            ``(ii) the date on which the lodging 
                        establishment commences operation.
    ``(c) Patron Request.--Notwithstanding subsection (b), a lodging 
establishment may provide to an individual, on request of the 
individual, a personal care product in a small plastic bottle at no 
cost at a place other than a place described in subsection (b)(1).
    ``(d) Violations.--
            ``(1) In general.--An agency of a local government with 
        authority to inspect sleeping room accommodations in a lodging 
        establishment may issue a citation for any violation of 
        subsection (b).
            ``(2) Written warning.--For an initial violation of the 
        prohibition under subsection (b), an agency described in 
        paragraph (1) shall issue to the applicable lodging 
        establishment a written warning that includes--
                    ``(A) a description of the violation; and
                    ``(B) a notice that any subsequent violation may 
                result in a fine as described in paragraph (3).
            ``(3) Subsequent violations.--On a second or subsequent 
        violation of the prohibition under subsection (b), an agency 
        described in paragraph (1) may assess against the applicable 
        lodging establishment a fine in an amount equal to--
                    ``(A) not more than $500 for each day of the 
                violation; and
                    ``(B) not more than a total of $2,000 in any 
                calendar year.
            ``(4) Payment to administrator.--A fine collected pursuant 
        to this subsection shall be remitted to the Administrator.
    ``(e) Sense of Congress Regarding Use of Bulk Dispensers by Lodging 
Establishments.--It is the sense of Congress that lodging 
establishments are encouraged to use bulk dispensers of personal care 
products--
            ``(1) to reduce plastic waste;
            ``(2) to decrease the operating costs of the lodging 
        establishments; and
            ``(3) in a manner that is mindful of the health and safety 
        of individuals.

``SEC. 12213. PROHIBITIONS ON BLACK PLASTICS.

    ``(a) Prohibitions.--Effective beginning on the date that is 1 year 
after the date of enactment of this subtitle--
            ``(1) no food establishment shall sell, offer for sale, or 
        otherwise distribute any disposable food service ware made 
        using a black plastic; and
            ``(2) no retail establishment shall sell, offer for sale, 
        or otherwise distribute--
                    ``(A) any disposable food service ware made using a 
                black plastic; or
                    ``(B) any meat tray, fish tray, seafood tray, 
                vegetable tray, or egg carton made wholly or partially 
                using a black plastic.
    ``(b) Exemption.--
            ``(1) In general.--Subject to paragraph (2), the 
        Administrator may exempt a food establishment or retail 
        establishment from an applicable prohibition under subsection 
        (a) for a period of not more than 180 days on receipt of a 
        written application from the owner or operator of the food 
        establishment or retail establishment.
            ``(2) Required determination.--The Administrator may not 
        provide an exemption under paragraph (1) unless the 
        Administrator determines that--
                    ``(A) strict enforcement of the prohibition for 
                which the exemption is sought would cause an undue 
                hardship described in paragraph (3); or
                    ``(B) the applicable food establishment or retail 
                establishment requires additional time in order to 
                deplete an existing inventory of a specific item 
                subject to the prohibition for which the exemption is 
                sought.
            ``(3) Description of undue hardship.--An undue hardship 
        referred to in paragraph (2)(A) is a situation--
                    ``(A) that is unique to an applicable food 
                establishment or retail establishment;
                    ``(B) in which no reasonable alternative to the use 
                of an item subject to a prohibition under subsection 
                (a) exists; and
                    ``(C) due to which compliance with this section 
                would create significant economic hardship for the 
                applicable food establishment or retail establishment.
    ``(c) Effect of Section.--Nothing in this section prohibits an 
individual from personal use of a disposable food service ware or other 
item made using a black plastic.

``SEC. 12214. PROHIBITION ON NONCOMPOSTABLE PRODUCE STICKERS.

    ``Effective beginning on the date that is 1 year after the date of 
enactment of this subtitle, no retail establishment shall sell or 
distribute any produce to which is affixed a noncompostable sticker.

``SEC. 12215. ENFORCEMENT.

    ``(a) Written Warning.--For the initial violation of an applicable 
prohibition under section 12213 or 12214, the Administrator shall issue 
to the applicable food establishment or retail establishment a written 
warning that includes--
            ``(1) a description of the violation; and
            ``(2) a notice that any subsequent violation may result in 
        a fine or seizure as described in subsection (b).
    ``(b) Subsequent Violations.--
            ``(1) Fines.--Subject to paragraphs (2) and (3), a food 
        establishment or retail establishment that has received a 
        written warning under subsection (a) with respect to a 
        violation of an applicable prohibition under section 12213 or 
        12214, and that repeats the violation, shall be subject to a 
        fine in an amount equal to--
                    ``(A) for the first repeat violation during the 
                calendar year in which the written warning was 
                received, $250;
                    ``(B) for the second repeat violation during that 
                calendar year, $500; and
                    ``(C) for the third, and any subsequent, violation 
                during that calendar year, $1,000.
            ``(2) Seizure.--On a third, or any subsequent, violation of 
        an applicable prohibition under section 12213 or 12214 by a 
        food establishment or retail establishment during a calendar 
        year, the Administrator may seize any products subject to the 
        prohibition that are in the possession of the applicable food 
        establishment or retail establishment.
            ``(3) Limitation.--In the case of a food establishment or 
        retail establishment the annual revenue of which is less than 
        $1,000,000, a fine shall not be imposed pursuant to this 
        subsection more than once during any 7-day period.
    ``(c) State Enforcement.--The Administrator may permit a State to 
carry out enforcement under this section, subject to the conditions 
that--
            ``(1) the Administrator shall determine that the State 
        meets such requirements as the Administrator may establish; and
            ``(2) any fines collected by the State under this section 
        shall be remitted to the Administrator.

            ``Subpart C--Advancing Reuse and Refill Systems

``SEC. 12221. GRANT PROGRAM TO EXPAND EQUITABLE ACCESS TO REUSABLE AND 
              REFILLABLE PACKAGING.

    ``(a) Establishment.--Not later than 2 years after the date of 
enactment of this subtitle, the Administrator shall establish a 
competitive grant program under which the Administrator shall provide 
grants to eligible entities described in subsection (b) to carry out 
beverage container reuse and refill projects in accordance with this 
section.
    ``(b) Eligibility.--The following entities shall be eligible to 
receive a grant under this section:
            ``(1) An institution of higher education.
            ``(2) A nonprofit organization.
            ``(3) A unit of county, municipal, or Tribal government.
            ``(4) A for-profit entity.
            ``(5) A public-private partnership.
    ``(c) Applications.--An eligible entity described in subsection (b) 
seeking a grant under this section shall submit to the Administrator an 
application at such time, in such manner, and containing such 
information as the Administrator may require, including a description 
of the means by which the project proposed to be carried out by the 
eligible entity will--
            ``(1) expand 1 or more reuse and refill systems to replace 
        single-use plastics, or single-use products containing or lined 
        with plastic, currently used in consumer goods industries, 
        including replacement with food service products and consumer 
        food and beverage products that--
                    ``(A) are affordable, convenient, scalable, 
                nontoxic, and equitable; and
                    ``(B) satisfy the requirements described in this 
                part;
            ``(2) increase access to, and the capacity of, reuse and 
        refill infrastructure within the State served by the eligible 
        entity;
            ``(3) expand consumer knowledge of reuse and refill 
        programs, including through the development of accessible 
        education and outreach programs and materials; and
            ``(4) install, and expand access to, sanitation 
        infrastructure in public or community buildings to enable safe 
        and hygienic reuse, including dishwashers and sanitation 
        stations.
    ``(d) Nontoxic Requirements.--A material used as part of a reuse 
and refill project under the program under this section shall not--
            ``(1) contain a toxic substance; or
            ``(2) be made using prohibited plastic packaging.
    ``(e) Priority; Distribution.--In awarding grants under this 
section, the Administrator shall--
            ``(1) give priority to any project that, as determined by 
        the Administrator, will--
                    ``(A) directly benefit a population of color, 
                community of color, Indigenous community, rural 
                community, or low-income community; or
                    ``(B) achieve more than 1 objective described in 
                subsection (c); and
            ``(2) ensure that at least 1 grant is provided in each 
        region of the Environmental Protection Agency.
    ``(f) Reports.--Not later than 2 years after the date of enactment 
of this subtitle, and not less frequently than once every 3 years 
thereafter, the Administrator shall submit to Congress, and publish, a 
report that includes--
            ``(1) an estimate of the current and projected consumption 
        of beverage containers and covered products in each State;
            ``(2) an assessment of techniques and recommendations to 
        minimize the creation of new materials for the manufacturing of 
        beverage containers and covered products;
            ``(3) an assessment of the infrastructure and design needs 
        required to establish a system for reusable and refillable 
        beverage containers in the United States; and
            ``(4) a summary of--
                    ``(A) the grants provided under this section; and
                    ``(B) the effectiveness of those grants in 
                increasing the proportion that--
                            ``(i) the number of reusable and refillable 
                        beverage containers and covered products used 
                        by distributors during each calendar year 
                        covered by the report; bears to
                            ``(ii) overall beverage container and 
                        covered product consumption during that 
                        calendar year.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for the period of 
fiscal years 2024 through 2028.

``SEC. 12222. GRANT PROGRAM TO SUPPORT WATER REFILL STATIONS AT 
              AIRPORTS AND TRAIN STATIONS.

    ``(a) Definitions.--In this section:
            ``(1) Program.--The term `program' means the competitive 
        grant program established under subsection (b).
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
    ``(b) Establishment.--Not later than 1 year after the date of 
enactment of this subtitle, the Secretary shall establish a competitive 
grant program under which the Secretary, in consultation with the 
Administrator, shall provide grants for use in accordance with this 
section to--
            ``(1) publicly owned airports that--
                    ``(A) host not less than 2,500 passenger boardings 
                each calendar year; and
                    ``(B) receive scheduled passenger service; and
            ``(2) train stations located in metropolitan or suburban 
        areas that provide for the transportation of individuals (other 
        than employees or contractors of the station or individuals 
        riding equipment to observe or monitor railroad operations) by 
        railroad through--
                    ``(A) intercity passenger service; or
                    ``(B) commuter or other short-haul passenger 
                service.
    ``(c) Use of Funds.--A grant provided under the program may be used 
for--
            ``(1) purchasing and installing stations at which 
        employees, passengers, and other guests may refill reusable 
        beverage containers with drinking water; and
            ``(2) promoting the use of reusable beverage containers and 
        water refill stations.
    ``(d) Applications.--An entity described in subsection (b) seeking 
a grant under the program shall submit to the Secretary an application 
at such time, in such manner, and containing such information as the 
Secretary may require, including a description of each project proposed 
to be carried out using grant funds.
    ``(e) Report.--Not later than 2 years after the date on which the 
Secretary provides grants under the program, the Secretary shall submit 
to Congress a report describing the effectiveness of the projects 
carried out under the program.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the program $5,000,000 for the period of 
fiscal years 2024 through 2028.

``SEC. 12223. CLEAN COMMUNITIES PROGRAM.

    ``The Administrator shall establish a program, to be known as the 
`Clean Communities Program', under which the Administrator shall 
leverage smart technology and social media to provide technical 
assistance to units of local government for purposes of cost-
effectively--
            ``(1) identifying concentrated areas of pollution within 
        the jurisdictions of the units of local government; and
            ``(2) implementing source reduction solutions in response 
        to that pollution.

``SEC. 12224. REPORT ON REUSE AND REFILL SYSTEMS.

    ``(a) In General.--Not later than 2 years after the date of 
enactment of this subtitle, and not less frequently than once every 5 
years thereafter, the Administrator shall make publicly available a 
report describing the feasibility of, and best practices relating to, 
reuse and refill systems with respect to each of the following sectors:
            ``(1) Food service, including--
                    ``(A) take-out food;
                    ``(B) the delivery of prepared meals; and
                    ``(C) meal kits.
            ``(2) Consumer food and beverage products.
            ``(3) Consumer cleaning products.
            ``(4) Personal care products.
            ``(5) Transportation and shipping of wholesale and retail 
        goods.
            ``(6) Public educational institutions, including 
        institutions of higher education.
            ``(7) Other sectors, as identified by the Administrator.
    ``(b) Objectives.--The report under subsection (a) shall include an 
evaluation and summary of--
            ``(1) types of reuse and refill systems for product 
        delivery that can be best used at different scales;
            ``(2) methods to ensure equitable distribution of reuse and 
        refill systems for product delivery in populations of color, 
        communities of color, Indigenous communities, and low-income 
        communities;
            ``(3) job creation opportunities through the use or 
        expansion of reuse and refill systems;
            ``(4) economic costs and benefits for--
                    ``(A) businesses that deploy reuse and refill 
                system technologies; and
                    ``(B) parties responsible for waste collection and 
                management;
            ``(5) types of local, State, and Federal support needed to 
        expand the use of reuse and refill systems; and
            ``(6) existing barriers to the widespread implementation of 
        reuse and refill systems.
    ``(c) Considerations.--In preparing the report under subsection 
(a), the Administrator shall take into consideration relevant 
information relating to reuse and refill system programs and approaches 
in States, units of local government, and foreign countries.

``SEC. 12225. RECYCLING AND COMPOSTING RECEPTACLE LABELING.

    ``(a) Purpose.--The purpose of this section is to establish 
guidelines for a national standardized labeling system for the 
development of labels for recycling and composting receptacles that use 
a methodology that is consistent throughout the United States to assist 
members of the public in properly recycling and composting.
    ``(b) Definitions.--In this section:
            ``(1) Public space.--The term `public space' means a 
        business, an airport, a school, a stadium, a government office, 
        a park, and any other public space, as determined by the 
        Administrator.
            ``(2) Recycling or composting receptacle.--The term 
        `recycling or composting receptacle' means a recycling or 
        composing bin, cart, or dumpster.
            ``(3) Residential recycling and composting program.--The 
        term `residential recycling and composting program' means a 
        recycling and composting program that provides services to 
        single-family dwellings, multifamily dwellings or facilities, 
        or both.
    ``(c) Guidelines.--Not later than 2 years after the date of 
enactment of this subtitle, the Administrator shall develop and publish 
guidelines for a national standardized labeling system for use by 
Organizations to develop labels that--
            ``(1) use a national standardized methodology of colors, 
        images, format, and terminology, including to address diverse 
        ethnic populations;
            ``(2) shall be placed on recycling and composting 
        receptacles in public spaces and the service area of the 
        Organization in accordance with paragraphs (1)(D) and (2) of 
        subsection (e); and
            ``(3) communicate to users of those recycling and 
        composting receptacles--
                    ``(A) the specific recyclables and compostables 
                accepted by the Organization; and
                    ``(B) the specific rules of sorting for the 
                Organization.
    ``(d) Development of Labels.--
            ``(1) In general.--Each Organization, in accordance with 
        the guidelines published under subsection (c), shall use the 
        national standardized labeling system to develop labels for use 
        on recycling and composting receptacles in public spaces and 
        the service area of the Organization to communicate to users of 
        those recycling and composting receptacles--
                    ``(A) the specific recyclables and compostables 
                accepted by the Organization; and
                    ``(B) the specific rules of sorting for the 
                Organization.
            ``(2) Simple and detailed versions.--In developing labels 
        under paragraph (1), an Organization shall develop--
                    ``(A) a simple version of the label for use on 
                recycling and composting receptacles used in public 
                spaces, which shall list the basic recyclables and 
                compostables accepted by the Organization; and
                    ``(B) a detailed version of the label for use on 
                recycling and composting receptacles used as part of a 
                residential recycling and composting program of the 
                Organization, taking into consideration the complexity 
                of the covered products and beverage containers 
                disposed of by single-family dwellings and multifamily 
                dwellings and facilities.
    ``(e) Distribution of Labels.--
            ``(1) Simple version.--
                    ``(A) In general.--An Organization shall distribute 
                the simple version of the label developed by the 
                Organization under subsection (d)(2)(A) to each 
                customer of the Organization that owns or operates a 
                public space in the service area of the Organization.
                    ``(B) Quantity.--The quantity of labels distributed 
                to an owner or operator of a public space under 
                subparagraph (A) shall be reasonably sufficient to 
                ensure that a label may be placed on each recycling and 
                composting receptacle in that public space.
                    ``(C) Additional labels.--If the quantity of labels 
                distributed under subparagraph (B) is insufficient, an 
                Organization shall make available to owners and 
                operators described in subparagraph (A) additional 
                labels to purchase or download.
                    ``(D) Requirement of owners and operators.--An 
                owner or operator of a public space that receives 
                labels under subparagraph (A) shall display the labels 
                on the recycling and composting receptacles in that 
                public space.
            ``(2) Detailed version.--An Organization or municipality, 
        as applicable, that provides services to a residential 
        recycling and composting program in the service area of the 
        Organization or municipality, as applicable, shall display a 
        detailed standardized label developed by the Organization under 
        subsection (d)(2)(B) on each recycling and composting 
        receptacle used by the residential recycling and composting 
        program.

``SEC. 12226. STUDY AND ACTION ON PLASTIC TOBACCO FILTERS AND 
              ELECTRONIC CIGARETTES.

    ``(a) Study.--Not later than 2 years after the date of enactment of 
this subtitle, the Administrator, in conjunction with the Commissioner 
of Food and Drugs and the Director of the National Institutes of 
Health, shall conduct a study of--
            ``(1) the environmental impacts and efficacy of tobacco 
        filters made from plastic; and
            ``(2) the environmental impacts of electronic cigarettes, 
        including disposable plastic components of electronic 
        cigarettes.
    ``(b) Report to Congress.--Not later than 180 days after the date 
on which the study under subsection (a) is concluded, the 
Administrator, in conjunction with the Commissioner of Food and Drugs, 
shall submit a report describing any recommendations of the 
Administrator for the establishment of a program to reduce litter from, 
and the environmental impacts of, single-use tobacco filter products 
and electronic cigarettes to--
            ``(1) the Committee on Health, Education, Labor and 
        Pensions of the Senate;
            ``(2) the Committee on Environment and Public Works of the 
        Senate;
            ``(3) the Committee on Commerce, Science, and 
        Transportation of the Senate; and
            ``(4) the Committee on Energy and Commerce of the House of 
        Representatives.
    ``(c) Publication.--On submission of the report under subsection 
(b), the Administrator, in conjunction with the Commissioner of Food 
and Drugs, shall publish in the Federal Register for public comment--
            ``(1) a copy of the report; and
            ``(2) a description of the actions the Administrator and 
        the Commissioner of Food and Drugs intend to take during the 1-
        year period beginning on the date of publication to reduce 
        litter from, and the environmental impacts of, single-use 
        tobacco filter products and electronic cigarettes, including 
        recommendations for incorporating plastic tobacco filters and 
        electronic cigarette plastic components into an extended 
        producer responsibility program.

               ``PART III--PROHIBITION ON CERTAIN EXPORTS

``SEC. 12301. PROHIBITION ON CERTAIN EXPORTS.

    ``No person may export from the United States any plastic waste, 
plastic paring, or scrap of plastic--
            ``(1) to a country that is not a member of the Organization 
        for Economic Cooperation and Development;
            ``(2) without the prior informed consent of the relevant 
        authorities in a receiving country that is a member of the 
        Organization for Economic Cooperation and Development, if those 
        exports--
                    ``(A) are not of a single, nonhalogenated plastic 
                polymer;
                    ``(B) are contaminated with greater than 0.5 
                percent of--
                            ``(i) other plastics; or
                            ``(ii) other materials, including--
                                    ``(I) labels, adhesives, varnishes, 
                                waxes, inks, and paints; and
                                    ``(II) composite materials mixing 
                                plastics with nonplastic materials; or
                    ``(C) are to be re-exported to a country that is 
                not a member of the Organization for Economic 
                Cooperation and Development; or
            ``(3) that is contaminated with--
                    ``(A) a hazardous chemical;
                    ``(B) effective beginning on the date that is 1 
                year after the date of enactment of this subtitle, a 
                toxic substance; or
                    ``(C) any other substance, to the extent that the 
                export becomes hazardous waste.

                  ``PART IV--LOCAL GOVERNMENT EFFORTS

``SEC. 12401. PROTECTION OF LOCAL GOVERNMENTS.

    ``Nothing in this subtitle preempts any State or local law in 
effect on or after the date of enactment of this subtitle that--
            ``(1) requires the collection and recycling of any product 
        in a greater quantity than is required under part I;
            ``(2) prohibits the sale or distribution of any product 
        that is not prohibited under part I or II;
            ``(3) requires any product to be made of a greater 
        percentage of post-consumer recycled material than is required 
        under part I or II; or
            ``(4) in any way exceeds the requirements of this 
        subtitle.''.
    (b) Clerical Amendment.--The table of contents contained in section 
1001 of the Solid Waste Disposal Act (42 U.S.C. 6901 note; Public Law 
89-272) is amended by adding at the end the following:

   ``Subtitle K--Extended Responsibility for Beverage Containers and 
                               Packaging

``Sec. 12001. Definitions.
                   ``PART I--Extended Responsibility

``Sec. 12101. Extended responsibility.
``Sec. 12102. Producer Responsibility Organizations.
``Sec. 12103. Product Stewardship Plans.
``Sec. 12104. Membership fees.
``Sec. 12105. Single-use plastic source reduction requirements.
``Sec. 12106. Advisory committees.
``Sec. 12107. Reduction, reuse, and recycling needs assessment.
``Sec. 12108. National beverage container program.
``Sec. 12109. Elimination of toxic substances in beverage containers 
                            and post-consumer recycled material.
``Sec. 12110. Reporting and auditing.
``Sec. 12111. Public outreach and education.
``Sec. 12112. Reduction and Litter Cleanup Trust Fund.
``Sec. 12113. Prohibition on certain toxic substances and materials.
``Sec. 12114. Enforcement.
              ``PART II--Reduction of Single-use Products

 ``subpart a--prohibitions on single-use plastic bags and polystyrene 
           foam food service products; accessories on request

``Sec. 12201. Definitions.
``Sec. 12202. Bag requirements.
``Sec. 12203. Food service products.
``Sec. 12204. Violations; enforcement.
``Sec. 12205. Education and outreach.
``Sec. 12206. Rulemaking.
         ``subpart b--prohibition on other single-use products

``Sec. 12211. Definitions.
``Sec. 12212. Prohibition on certain travel toiletries.
``Sec. 12213. Prohibitions on black plastics.
``Sec. 12214. Prohibition on noncompostable produce stickers.
``Sec. 12215. Enforcement.
            ``subpart c--advancing reuse and refill systems

``Sec. 12221. Grant program to expand equitable access to reusable and 
                            refillable packaging.
``Sec. 12222. Grant program to support water refill stations at 
                            airports and train stations.
``Sec. 12223. Clean Communities Program.
``Sec. 12224. Report on reuse and refill systems.
``Sec. 12225. Recycling and composting receptacle labeling.
``Sec. 12226. Study and action on plastic tobacco filters and 
                            electronic cigarettes.
               ``PART III--Prohibition on Certain Exports

``Sec. 12301. Prohibition on certain exports.
                  ``PART IV--Local Government Efforts

``Sec. 12401. Protection of local governments.''.

             TITLE II--PROTECTING COMMUNITIES FROM PLASTICS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Protecting Communities from 
Plastics Act''.

SEC. 202. FINDINGS.

    Congress finds that--
            (1) plastics production is exacerbating the climate crisis 
        and driving environmental injustice in vulnerable communities 
        located near petrochemical facilities;
            (2) plastics production is on track to double in the decade 
        beginning on the date of enactment of this Act, locking in 
        harmful emissions for decades;
            (3) plastics and other petrochemicals are forecasted to 
        become the largest driver of oil and hydraulically fractured 
        gas demand by 2050;
            (4) some studies have projected that the plastics industry 
        will emit more greenhouse gas emissions than coal plants in the 
        United States by 2030;
            (5) petrochemical facilities that produce plastics are more 
        likely to be located in low-income communities and communities 
        of color, disproportionately exposing those communities to 
        harmful pollutants;
            (6) plastics production and certain disposal facilities 
        pollute surrounding communities with chemicals that are known 
        to cause cancer, birth defects, and other serious illnesses;
            (7) transitioning from the use of fossil fuels for power 
        generation and transportation only to replace that demand with 
        more fossil fuel-based plastics production--
                    (A) is not a viable strategy; and
                    (B) fails to protect communities;
            (8) plastics carry impacts throughout the lifecycle, 
        including the impacts of--
                    (A) oil and gas extraction;
                    (B) plastics refining, manufacturing, and certain 
                methods of disposal; and
                    (C) resulting plastics pollution in communities and 
                the environment, where the degrading plastics--
                            (i) leach chemical additives; and
                            (ii) emit greenhouse gases;
            (9) addressing the plastics crisis requires a shift away 
        from single-use plastics in nonessential settings; and
            (10) technologies that convert plastics to fuel, use 
        plastics for energy generation, generate feedstocks for the 
        chemical industry, or produce hazardous waste and toxic air 
        pollution are not a sustainable solution to the plastics 
        crisis.

SEC. 203. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Plastic.--The term ``plastic'' means a synthetic or 
        semisynthetic material that--
                    (A) is natural rubber; or
                    (B) has naturally occurring polymers, such as 
                proteins or starches.
            (3) Refill; refillable; reusable; reuse.--The terms 
        ``refill'', ``refillable'', ``reusable'', and ``reuse'' mean--
                    (A) with respect to packaging or a food service 
                product that is reused or refilled by a producer, that 
                the packaging or food service product is--
                            (i) explicitly designed and marketed to be 
                        utilized for not less than the number of cycles 
                        that the Administrator determines to be 
                        appropriate, for the same product, or for 
                        another purposeful packaging use in a supply 
                        chain;
                            (ii) designed for durability to function 
                        properly in original condition for multiple 
                        cycles;
                            (iii) composed of materials that do not 
                        contain--
                                    (I) toxic heavy metals;
                                    (II) pathogens;
                                    (III) additives; or
                                    (IV) toxic substances (as defined 
                                in section 12000 of the Solid Waste 
                                Disposal Act);
                            (iv) supported by adequate infrastructure 
                        to ensure that the packaging or food service 
                        product can be conveniently and safely reused 
                        or refilled for multiple cycles; and
                            (v) repeatedly recovered, inspected, and 
                        repaired, if necessary, and reissued into the 
                        supply chain for reuse or refill for multiple 
                        cycles; and
                    (B) with respect to packaging or a food service 
                product that is reused or refilled by a consumer, that 
                the packaging or food service product is--
                            (i) explicitly designed and marketed to be 
                        utilized for not less than the number of cycles 
                        that the Administrator determines to be 
                        appropriate, for the same product;
                            (ii) designed for durability to function 
                        properly in its original condition for multiple 
                        cycles;
                            (iii) composed of materials that do not 
                        contain--
                                    (I) toxic heavy metals;
                                    (II) pathogens;
                                    (III) additives; or
                                    (IV) toxic substances (as defined 
                                in section 12000 of the Solid Waste 
                                Disposal Act); and
                            (iv) supported by adequate and convenient 
                        availability of, and retail infrastructure for, 
                        bulk or large format packaging that may be 
                        refilled to ensure the packaging or food 
                        service product can be conveniently and safely 
                        reused or refilled by the consumer for multiple 
                        cycles, as needed.
            (4) Single-use plastic.--
                    (A) In general.--The term ``single-use plastic'' 
                means a plastic product or packaging that--
                            (i) is routinely disposed of, recycled, or 
                        otherwise discarded after a single use; or
                            (ii) is not sufficiently durable or 
                        washable to be, or is not intended to be, 
                        reusable or refillable.
                    (B) Exclusions.--The term ``single-use plastic'' 
                does not include--
                            (i) medical equipment, medical devices, 
                        consumer personal protective equipment, or 
                        other products determined by the Secretary of 
                        Health and Human Services to necessarily be 
                        made of plastic for the protection of public 
                        health or for people with disabilities;
                            (ii) packaging that is--
                                    (I) for any product described in 
                                clause (i) that is determined by the 
                                Secretary of Health and Human Services 
                                to necessarily be used for the 
                                protection of public health or for 
                                people with disabilities; or
                                    (II) used for the shipment of 
                                hazardous materials, such that the 
                                packaging is prohibited from being 
                                composed of used materials under 
                                section 178.509 or 178.522 of title 49, 
                                Code of Federal Regulations (as in 
                                effect on the date of enactment of this 
                                Act); or
                            (iii) personal hygiene products that, due 
                        to the intended use of the products, could 
                        become unsafe or unsanitary to recycle, such as 
                        diapers.

SEC. 204. ENVIRONMENTAL JUSTICE PROTECTIONS AT COVERED FACILITIES.

    (a) Definitions.--In this section:
            (1) Community of color.--The term ``community of color'' 
        means a geographically distinct area in which the percentage of 
        the population of the community represented by people of color 
        is higher than the percentage of the population of the State 
        represented by people of color.
            (2) Consultation.--The term ``consultation'' means the 
        meaningful and timely process of--
                    (A) seeking, discussing, and carefully considering 
                the views of fenceline communities in a manner that is 
                cognizant of the values of all parties; and
                    (B) when feasible, seeking agreement among the 
                parties.
            (3) Covered facility.--The term ``covered facility'' 
        means--
                    (A) an industrial facility that transforms 
                petrochemical gas and liquids into ethylene and 
                propylene for later conversion into plastic polymers;
                    (B) an industrial facility that transforms ethylene 
                and propylene into any other chemical for later 
                conversion into plastic polymers;
                    (C) a plastic polymerization, monomer, polymer, or 
                resin production facility;
                    (D) an industrial facility that depolymerizes or 
                otherwise breaks down plastic polymers into chemical 
                feedstocks for use in new products or as fuel;
                    (E) an industrial facility that converts, including 
                through pyrolysis or gasification, plastic polymers 
                into chemical feedstocks;
                    (F) an industrial facility that generates fuel or 
                energy from plastic polymers through waste-to-fuel 
                technology, an incinerator, pyrolysis, gasification, or 
                other similar technology, as determined by the 
                Administrator; and
                    (G) an industrial facility that produces a chemical 
                feedstock for use in the plastics manufacturing 
                industry.
            (4) Covered product.--The term ``covered product'' means--
                    (A) ethylene;
                    (B) propylene; and
                    (C) raw plastic materials in any form, including 
                pellets, resin, nurdles, powder, and flakes, 
                including--
                            (i) polyethylene terephthalate (commonly 
                        referred to as ``PET'' or ``PETE'');
                            (ii) high-density polyethylene (commonly 
                        referred to as ``HDPE'');
                            (iii) low-density polyethylene (commonly 
                        referred to as ``LDPE'');
                            (iv) polypropylene (commonly referred to as 
                        ``PP'');
                            (v) polyvinyl chloride (commonly referred 
                        to as ``PVC'');
                            (vi) polystyrene (commonly referred to as 
                        ``PS''); and
                            (vii) any other plastic polymer determined 
                        to be appropriate by the Administrator.
            (5) Environmental justice.--The term ``environmental 
        justice'' means the fair treatment and meaningful involvement 
        of all individuals, regardless of race, color, national origin, 
        educational level, or income, with respect to the development, 
        implementation, and enforcement of environmental laws, 
        regulations, and policies to ensure that--
                    (A) communities with significant populations of 
                racial minorities, communities of color, Indigenous 
                communities, and low-income communities have full 
                access to public information and opportunities for 
                meaningful public participation with respect to human 
                health and environmental planning, regulations, and 
                enforcement;
                    (B) no community described in subparagraph (A) is 
                exposed to a disproportionate burden of the negative 
                human health and environmental impacts of pollution or 
                other environmental hazards; and
                    (C) the 17 principles described in the document 
                entitled ``The Principles of Environmental Justice'', 
                written and adopted at the First National People of 
                Color Environmental Leadership Summit convened on 
                October 24 through 27, 1991, in Washington, DC, are 
                upheld.
            (6) Fenceline community.--
                    (A) In general.--The term ``fenceline community'' 
                means a community located near a covered facility that 
                has experienced, as a result of that location--
                            (i) negative impacts on human health and 
                        the environment; and
                            (ii) systemic socioeconomic disparity or 
                        another form of injustice with respect to 
                        policies, regulations, or enforcement.
                    (B) Inclusions.--The term ``fenceline community'' 
                includes a low-income community, an Indigenous 
                community, and a community of color.
            (7) Indigenous community.--The term ``Indigenous 
        community'' means--
                    (A) a federally recognized Indian Tribe;
                    (B) a State-recognized Indian Tribe;
                    (C) an Alaska Native or Native Hawaiian community 
                or organization; and
                    (D) any other community of Indigenous individuals, 
                including communities in other countries.
            (8) Limited english proficiency individual.--The term 
        ``limited English proficiency individual'' means an individual 
        that--
                    (A) does not speak English as their primary 
                language; or
                    (B) has a limited ability to read, speak, write, or 
                understand English.
            (9) Low-income community.--The term ``low-income 
        community'' means any census block group in which 30 percent or 
        more of the population are individuals with an annual household 
        income equal to, or less than, the greater of--
                    (A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Secretary of Housing and Urban 
                Development; and
                    (B) 200 percent of the Federal poverty line.
            (10) Material recovery facility.--The term ``material 
        recovery facility'' means a solid waste management facility 
        that processes materials for reuse or recycling.
            (11) Meaningful.--The term ``meaningful'', with respect to 
        involvement by the public in a determination by a Federal 
        agency, means that--
                    (A) potentially affected residents of a community 
                have an appropriate opportunity to participate in 
                decisions relating to a proposed activity that will 
                affect the environment or public health of the 
                community;
                    (B) the public contribution can influence the 
                determination by the Federal agency;
                    (C) the concerns of all participants are taken into 
                consideration in the decision-making process; and
                    (D) the Federal agency--
                            (i) provides to potentially affected 
                        members of the public accurate information, 
                        including identifying limited English 
                        proficiency individuals who need language 
                        assistance, implementing accessible language 
                        assistance measures, and providing notice to 
                        limited English proficiency individuals for 
                        effective engagement in decisions; and
                            (ii) facilitates the involvement of 
                        potentially affected members of the public.
            (12) Temporary pause period.--The term ``temporary pause 
        period'' means the period--
                    (A) beginning on the date of enactment of this Act; 
                and
                    (B) ending on the date that is the first date on 
                which--
                            (i) all regulations and final rules 
                        required under subsections (d), (e), and (f) 
                        are in effect; and
                            (ii) the amendments made by subsection (i) 
                        are fully implemented.
            (13) Translation services.--The term ``translation 
        services'' means professional language translation and 
        interpretation for oral communications, and translation for 
        written documents and notices, in any language spoken by more 
        than 5 percent of the population residing within a fenceline 
        community.
    (b) National Academies Study of Plastics Industry.--
            (1) Agreement.--
                    (A) In general.--The Administrator shall offer to 
                enter into an agreement with the National Academy of 
                Sciences and the National Institutes of Health to 
                conduct a study of--
                            (i) the existing and planned expansion of 
                        the industry of producers of covered products, 
                        including the entire supply chain, the 
                        extraction and refining of fossil fuels and 
                        polymer feedstocks, chemical recycling efforts, 
                        end uses, disposal fate, and lifecycle impacts 
                        of covered products;
                            (ii) the environmental, public health, 
                        environmental justice, and pollution impacts of 
                        covered facilities and the products of covered 
                        facilities;
                            (iii) the use of additives in the 
                        production of covered products and the 
                        consequences of those additives on public 
                        health;
                            (iv) the existing standard technologies and 
                        practices of covered facilities with respect to 
                        the discharge and emission of pollutants into 
                        the environment;
                            (v) the best available technologies and 
                        practices that reduce or eliminate the 
                        environmental justice and pollution impacts of 
                        covered facilities, associated infrastructure 
                        of covered facilities, and the products of 
                        covered facilities; and
                            (vi) the toxicity of plastic polymers, 
                        additives, and chemicals (including 
                        byproducts), including the impacts of those 
                        polymers, additives, and chemicals on--
                                    (I) public health;
                                    (II) the recyclability of plastic; 
                                and
                                    (III) the ability to use recycled 
                                content.
                    (B) Failure to enter agreement.--If the 
                Administrator fails to enter into an agreement 
                described in subparagraph (A), the Administrator shall 
                conduct the study described in that subparagraph.
            (2) Requirements.--The study under paragraph (1) shall--
                    (A) take into consideration--
                            (i) the direct, indirect, and cumulative 
                        environmental impacts of industries, including 
                        plastic production industries, chemical 
                        recycling industries, and the industries of 
                        other covered facilities; and
                            (ii) the impacts of the planned expansion 
                        of those industries, including local, regional, 
                        national, and international air, water, waste, 
                        climate change, public health, and 
                        environmental justice impacts of those 
                        industries; and
                    (B) recommend technologies, regulations, standards, 
                and practices, including recommendations for 
                technologies, regulations, standards, and practices 
                that will best carry out the regulatory modifications 
                required under subsections (d), (e), and (g), to 
                remediate or eliminate the local, regional, national, 
                and international air, water, waste, climate change, 
                public health, and environmental justice impacts of the 
                industries described in subparagraph (A)(i).
            (3) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Administrator shall submit to 
        Congress a report describing the results of the study under 
        paragraph (1).
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Academy of Sciences and the 
        National Institutes of Health such sums as are necessary to 
        carry out this subsection.
    (c) Permitting Moratorium for Covered Facilities.--
            (1) In general.--Subject to paragraph (2), during the 
        temporary pause period, notwithstanding any other provision of 
        law--
                    (A) the Administrator shall not issue a new permit 
                for a covered facility under--
                            (i) the Clean Air Act (42 U.S.C. 7401 et 
                        seq.); or
                            (ii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                    (B) the Secretary of the Army, acting through the 
                Chief of Engineers, shall not issue a new permit for a 
                covered facility under section 404 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344);
                    (C) the Administrator shall object in writing under 
                subsections (b) and (c) of section 505 of the Clean Air 
                Act (42 U.S.C. 7661d) or section 402(d)(2) of the 
                Federal Water Pollution Control Act (33 U.S.C. 
                1342(d)(2)), as applicable, to any new permit issued to 
                a covered facility by a State agency delegated 
                authority under the Clean Air Act (42 U.S.C. 7401 et 
                seq.) or the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.); and
                    (D) the export of covered products is prohibited.
            (2) Exception.--Paragraph (1) does not apply to a permit 
        described in that paragraph for a facility that is--
                    (A) a material recovery facility;
                    (B) a mechanical recycling facility; or
                    (C) a compost facility.
    (d) Clean Air Requirements for Covered Facilities.--
            (1) Timely revision of emissions standards.--Section 
        111(b)(1)(B) of the Clean Air Act (42 U.S.C. 7411(b)(1)(B)) is 
        amended by striking the fifth sentence.
            (2) New source performance standards for certain 
        facilities.--Not later than 3 years after the date of enactment 
        of this Act, the Administrator shall promulgate a final rule--
                    (A) designating petrochemical feedstock and polymer 
                production facilities as a category of stationary 
                source under section 111(b)(1)(A) of the Clean Air Act 
                (42 U.S.C. 7411(b)(1)(A)); and
                    (B) establishing new source performance standards 
                under section 111(f)(1) of the Clean Air Act (42 U.S.C. 
                7411(f)(1)) for the category of stationary source 
                designated under subparagraph (A).
            (3) Storage vessels for covered products.--Not later than 3 
        years after the date of enactment of this Act, the 
        Administrator shall promulgate a final rule modifying section 
        60.112b(a) of title 40, Code of Federal Regulations, to ensure 
        that an owner or operator of a storage vessel containing liquid 
        with a vapor pressure equal to not less than 5 millimeters of 
        mercury under actual storage conditions that is regulated under 
        that section uses--
                    (A) an internal floating roof tank connected to a 
                volatile organic compound control device; or
                    (B) a fixed-roof tank connected to a volatile 
                organic compound control device.
            (4) Flaring.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall promulgate a 
        final rule--
                    (A) modifying title 40, Code of Federal 
                Regulations, to ensure that flaring, at ground-level 
                and elevated, shall only be permitted when necessary 
                solely for safety reasons; and
                    (B) modifying sections 60.112b(a)(3)(ii), 
                60.115b(d)(1), 60.482-10a(d), 60.562-1(a)(1)(i)(C), 
                60.662(b), and 60.702(b) of title 40, Code of Federal 
                Regulations, to ensure that--
                            (i) references to flare standards under 
                        those sections refer to the flare standards 
                        established under subparagraph (A); and
                            (ii) the flare standards under those 
                        sections are, without exception, continuously 
                        applied.
            (5) SOCMI equipment leaks.--Not later than 3 years after 
        the date of enactment of this Act, the Administrator shall 
        promulgate a final rule--
                    (A) modifying section 60.482-1a of title 40, Code 
                of Federal Regulations, to ensure that owners and 
                operators use process units and components with a leak-
                less or seal-less design;
                    (B) modifying subsection (f) of that section to 
                ensure that owners and operators use optical gas 
                imaging monitoring pursuant to section 60.5397a of that 
                title on a quarterly basis, unless the owner or 
                operator receives approval from the Administrator, in 
                writing, to use Method 21 of the Environmental 
                Protection Agency (as described in appendix A-7 of part 
                60 of title 40, Code of Federal Regulations (as in 
                effect on the date of enactment of this Act)) with a 
                repair threshold of 500 parts per billion;
                    (C) modifying 60.482-6a of title 40, Code of 
                Federal Regulations, to ensure that the use of open-
                ended valves or lines is prohibited unless a showing is 
                made that the use of an open-ended valve or line is 
                necessary for safety reasons; and
                    (D) modifying subpart VVa of part 60 of title 40, 
                Code of Federal Regulations, to ensure that--
                            (i) the term ``no detectable emissions'' is 
                        defined to mean an instrument reading of less 
                        than 50 parts per billion above background 
                        concentrations; and
                            (ii) the term ``leak'' is defined to mean 
                        an instrument reading of not less than 50 parts 
                        per billion above background concentrations.
            (6) Natural gas-fired steam boilers.--Not later than 3 
        years after the date of enactment of this Act, the 
        Administrator shall promulgate a final rule revising subpart Db 
        of part 60 of title 40, Code of Federal Regulations, to ensure 
        that boilers or heaters located at an affected covered facility 
        regulated under that subpart may only burn gaseous fuels, not 
        solid fuels or liquid fuels.
            (7) National emission standards for hazardous air 
        pollutants implementation improvements.--
                    (A) Equipment leaks of benzene.--Not later than 3 
                years after the date of enactment of this Act, the 
                Administrator shall promulgate a final rule to strike 
                subsection (c) of section 61.112 of title 40, Code of 
                Federal Regulations.
                    (B) Benzene waste operations.--Not later than 3 
                years after the date of enactment of this Act, the 
                Administrator shall promulgate a final rule modifying 
                subpart FF of part 61 of title 40, Code of Federal 
                Regulations, to ensure that--
                            (i) the term ``no detectable emissions'' is 
                        defined to mean an instrument reading of less 
                        than 50 parts per billion above background 
                        concentrations; and
                            (ii) the term ``leak'' is defined to mean 
                        an instrument reading of not less than 50 parts 
                        per billion above background concentrations.
                    (C) Maximum achievable control technology standards 
                for covered facilities.--Not later than 1 year after 
                the date of enactment of this Act, the Administrator 
                shall--
                            (i) promulgate a final rule modifying 
                        subpart YY of part 63 of title 40, Code of 
                        Federal Regulations, to ensure that--
                                    (I) the generic maximum achievable 
                                control technology standards described 
                                in that subpart--
                                            (aa) require no detectable 
                                        emissions of hazardous air 
                                        pollutants, unless the 
                                        Administrator--

                                                    (AA) determines 
                                                that the maximum degree 
                                                of reduction in 
                                                emissions of hazardous 
                                                air pollutants 
                                                achievable pursuant to 
                                                section 112(d)(2) of 
                                                the Clean Air Act (42 
                                                U.S.C. 7412(d)(2)) 
                                                justifies higher 
                                                limits; and

                                                    (BB) publishes the 
                                                determination under 
                                                subitem (AA) and the 
                                                proposed higher limits 
                                                in a rulemaking;

                                            (bb) ensure an ample margin 
                                        of safety to protect public 
                                        health and prevent an adverse 
                                        environmental effect; and
                                            (cc) prevent adverse 
                                        cumulative effects to fetal 
                                        health, the health of children, 
                                        and the health of vulnerable 
                                        subpopulations; and
                                    (II) the term ``no detectable 
                                emissions'', as required under 
                                subclause (I)(aa), is defined to mean 
                                an instrument reading of less than 50 
                                parts per billion above background 
                                concentrations; and
                            (ii) in promulgating the final rule 
                        pursuant to clause (i), take into 
                        consideration--
                                    (I) the effects and risks of 
                                exposure from cumulative sources of 
                                hazardous air pollutants under the 
                                subpart modified under that clause; and
                                    (II) the best available science, 
                                including science provided by the 
                                National Academy of Sciences.
            (8) Monitoring.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall promulgate a 
        final rule revising subparts DDD, NNN, and RRR and other 
        relevant subparts of part 60 of title 40, Code of Federal 
        Regulations--
                    (A) to require continuous emissions monitoring of 
                benzene, nitrogen oxides, sulfur dioxide, carbon 
                monoxide, other hazardous air pollutants, and 
                filterable particulate matter for all combustion 
                devices, including during startups, shutdowns, and 
                malfunctions of the facilities regulated by those 
                subparts;
                    (B) to require--
                            (i) accurate and continuous recordkeeping 
                        when continuous emissions monitoring is 
                        required under subparagraph (A); and
                            (ii) the records required under clause (i) 
                        to be made available to the public in real 
                        time;
                    (C) to require continuous monitoring of emissions 
                from combustion devices under section 63.658 of title 
                40, Code of Federal Regulations (as in effect on the 
                date of enactment of this Act), for nitrogen oxides, 
                sulfur dioxide, carbon monoxide, filterable and 
                condensable particulate matter, and all other relevant 
                hazardous air pollutants; and
                    (D) to ensure that the continuous monitoring of 
                combustion devices required under subparagraphs (A) and 
                (C) are used to determine the compliance of facilities 
                regulated by those subparts with the Clean Air Act (42 
                U.S.C. 7401 et seq.).
    (e) Clean Water Requirements for Covered Facilities.--
            (1) BAT and nsps standards for plastic polymer 
        production.--Not later than 3 years after the date of enactment 
        of this Act, the Administrator shall promulgate a final rule--
                    (A) modifying part 414 of title 40, Code of Federal 
                Regulations, to ensure that the best available 
                technology and new source performance standard 
                requirements under that part reflect updated best 
                available technology and best available demonstrated 
                control technology for all pollutants discharged by 
                covered facilities that produce covered products, 
                including pollutants of concern that are not regulated 
                on the date of enactment of this Act;
                    (B) modifying sections 414.91(b), 414.101(b), and 
                414.111(b) of title 40, Code of Federal Regulations, to 
                ensure that--
                            (i) for new source performance standards 
                        for applicable covered facilities producing 
                        covered products, the maximum effluent limit 
                        for any 1 day and for any monthly average for 
                        the priority pollutants described in appendix A 
                        to part 423 of title 40, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this Act), is 0 milligrams per 
                        liter, unless the Administrator--
                                    (I) determines that higher limits 
                                are justified using best available 
                                demonstrated control technology; and
                                    (II) publishes the determination 
                                under subclause (I) and the proposed 
                                higher limits in a rulemaking; and
                            (ii) for best available technology and new 
                        source performance standards, the maximum 
                        effluent limit for any 1 day and for any 
                        monthly average for total plastic pellets and 
                        other plastic material is 0 milligrams per 
                        liter; and
                    (C) that ensures that the best available technology 
                limitations described in part 414 of title 40, Code of 
                Federal Regulations (as modified under subparagraph 
                (A)) apply to covered facilities that produce fewer 
                than 5,000,001 pounds of covered products per year.
            (2) Revised effluent limitations guidelines for 
        petrochemical feedstock and polymer production.--
                    (A) BAT and ncps standards.--Not later than 3 years 
                after the date of enactment of this Act, the 
                Administrator shall promulgate a final rule--
                            (i) modifying sections 419.23, 419.26, 
                        419.33, and 419.36 of title 40, Code of Federal 
                        Regulations, to ensure that the best available 
                        technology and new source performance standards 
                        reflect updated best available technology and 
                        best available demonstrated control technology 
                        for all pollutants discharged by covered 
                        facilities producing petrochemical feedstocks 
                        and polymers; and
                            (ii) modifying sections 419.26(a) and 
                        419.36(a) of title 40, Code of Federal 
                        Regulations, to ensure that the new source 
                        performance standards for any 1 day and for 
                        average of daily values for 30 consecutive days 
                        for the priority pollutants described in 
                        appendix A to part 423 of title 40, Code of 
                        Federal Regulations (as in effect on the date 
                        of enactment of this Act), is 0 milligrams per 
                        liter, unless the Administrator--
                                    (I) determines that higher limits 
                                are necessary based on the best 
                                available demonstrated control 
                                technology; and
                                    (II) publishes the determination 
                                under subclause (I) and the proposed 
                                higher limits in a rulemaking.
                    (B) Runoff limitations for ethylene and propylene 
                production.--Not later than 3 years after the date of 
                enactment of this Act, the Administrator shall 
                promulgate a final rule modifying sections 419.26(e) 
                and 419.36(e) of title 40, Code of Federal Regulations, 
                to ensure that runoff limitations that reflect best 
                available demonstrated control technology are included.
    (f) Environmental Justice Requirements for Covered Facilities.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall promulgate a 
        final rule to ensure that--
                    (A) any proposed permit to be issued by the 
                Administrator or a State agency to which authority is 
                delegated under the Clean Air Act (42 U.S.C. 7401 et 
                seq.) or the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) with respect to a covered facility 
                is accompanied by an environmental justice assessment 
                that--
                            (i) assesses the direct, indirect, and 
                        cumulative economic, environmental, and public 
                        health impacts of the proposed permit on 
                        fenceline communities; and
                            (ii) proposes changes or alterations to the 
                        proposed permit that would, to the maximum 
                        extent practicable, eliminate or mitigate the 
                        impacts described in clause (i);
                    (B) each proposed permit and environmental justice 
                assessment described in subparagraph (A) is delivered 
                to applicable fenceline communities at the beginning of 
                the public comment period for the proposed permit for 
                purposes of notification and consultation, which shall 
                include--
                            (i) prompt notification--
                                    (I) through direct means, including 
                                in non-English languages for limited 
                                English proficiency individuals;
                                    (II) through publications likely to 
                                be obtained by residents of the 
                                fenceline community, including non-
                                English language publications; and
                                    (III) in the form of a public 
                                hearing in the fenceline community--
                                            (aa) for which public 
                                        notice is provided--

                                                    (AA) not later than 
                                                60 days before the date 
                                                on which the public 
                                                hearing is to be held; 
                                                and

                                                    (BB) using the 
                                                means described in 
                                                subclauses (I) and 
                                                (II);

                                            (bb) for which translation 
                                        services are provided; and
                                            (cc) that is accessible 
                                        through live-streaming or 
                                        alternative video streaming 
                                        services for which translation 
                                        services are provided; and
                            (ii) after the prompt notification required 
                        under clause (i), consultation that--
                                    (I) facilitates effective 
                                collaboration and informed policymaking 
                                that further recognizes the importance 
                                of regular communication and 
                                collaboration with fenceline 
                                communities, regardless of whether 
                                specific regulatory or policy changes 
                                are being considered;
                                    (II) seeks information and input 
                                from fenceline communities by 
                                soliciting the collaboration, 
                                cooperation, and participation of those 
                                fenceline communities;
                                    (III) includes an in-person meeting 
                                or a telephone conference that--
                                            (aa) is in a location, if 
                                        applicable, that is selected by 
                                        those engaged in the 
                                        consultation to be mutually 
                                        accessible to representatives 
                                        of fenceline communities and 
                                        applicable Federal or State 
                                        government participants; and
                                            (bb) removes institutional 
                                        and procedural impediments that 
                                        adversely affect working 
                                        directly with fenceline 
                                        communities;
                                    (IV) ensures that any health or 
                                environmental concerns raised by 
                                fenceline communities with be properly 
                                investigated and considered in 
                                decisions to grant or deny the proposed 
                                permit; and
                                    (V) explains to the representatives 
                                of the fenceline community the range of 
                                resulting actions that the 
                                Administrator or State agency may take;
                    (C) the Administrator or a State agency to which 
                authority is delegated under the Clean Air Act (42 
                U.S.C. 7401 et seq.) or the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), as applicable, 
                shall not approve a proposed permit described in 
                subparagraph (A) unless--
                            (i) changes or alterations have been 
                        incorporated into the revised proposed permit 
                        that, to the maximum extent practicable, 
                        eliminate or mitigate the impacts described in 
                        subparagraph (A)(i);
                            (ii) the changes or alterations described 
                        in clause (i) have been developed with 
                        meaningful input from residents or 
                        representatives of the fenceline community in 
                        which the covered facility to which the 
                        proposed permit would apply is located or seeks 
                        to locate; and
                            (iii) the permit includes a community 
                        benefit agreement that--
                                    (I) has been entered into after the 
                                prompt notification and consultation 
                                required under clauses (i) and (ii), 
                                respectively, of subparagraph (B); and
                                    (II) stipulates the benefits the 
                                covered facility agrees to fund or 
                                furnish in exchange for community 
                                support for the covered facility, which 
                                may include--
                                            (aa) commitments to hire 
                                        directly from a community;
                                            (bb) contributions to 
                                        economic and health trust 
                                        funds;
                                            (cc) local workforce 
                                        training guarantees;
                                            (dd) increased pollution 
                                        control technologies;
                                            (ee) operation 
                                        restrictions;
                                            (ff) financial assurances; 
                                        and
                                            (gg) siting restrictions;
                    (D) the Administrator or a State agency to which 
                authority is delegated under the Clean Air Act (42 
                U.S.C. 7401 et seq.) or the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), as applicable, 
                shall not approve a proposed permit described in 
                subparagraph (A) during the 45-day period beginning on 
                the date on which a public hearing described in 
                subparagraph (B)(i)(III) is held for the proposed 
                permit;
                    (E) the approval of a proposed permit described in 
                subparagraph (A) is conditioned on the covered facility 
                providing--
                            (i) response strategies that fully protect 
                        public health and safety and the environment in 
                        fenceline communities, for which the affected 
                        fenceline communities have the opportunity to 
                        provide meaningful input; and
                            (ii) subject to subparagraph (F)--
                                    (I) comprehensive, continuous, 
                                real-time monitoring of ambient air 
                                quality--
                                            (aa) around the perimeter 
                                        of the covered facility; and
                                            (bb) in any areas that can 
                                        reasonably be impacted by the 
                                        covered facility;
                                    (II) water quality testing of 
                                wastewater discharges from the covered 
                                facility; and
                    (F) regardless of whether a permit has been sought 
                or issued with respect to the chemical, each covered 
                facility shall conduct appropriate air and water 
                quality monitoring and testing relating to each 
                chemical produced at the covered facility in a quantity 
                of more than 100 pounds per year, and each chemical 
                produced at the covered facility that is emitted in 
                excess of the applicable level permitted under the 
                Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal 
                Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
                as applicable, to ensure that any discharge of such a 
                chemical into the air or water shall be--
                            (i) reported to the Administrator by not 
                        later than 48 hours after receipt of the test 
                        result; and
                            (ii) if a release of information to the 
                        public is not limited due to confidentiality 
                        concerns, made publicly available in accordance 
                        with subclauses (I) and (II) of subparagraph 
                        (B)(i).
            (2) Requirements.--
                    (A) Input.--The Administrator shall develop the 
                final rule under paragraph (1) with meaningful input 
                from--
                            (i) residents of fenceline communities; and
                            (ii) representatives of fenceline 
                        communities.
                    (B) Community consultation.--In carrying out 
                consultation under paragraph (1)(B)(ii), the 
                Administrator and each State agency to which authority 
                is delegated under the Clean Air Act (42 U.S.C. 7401 et 
                seq.) or the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) shall establish a dedicated 
                position that--
                            (i) supports fenceline communities in 
                        understanding the technical nuances of the 
                        permit and regulatory process; and
                            (ii) accounts for limited English 
                        proficiency individuals.
            (3) Report to congress on state permitting programs.--Not 
        later than 2 years after the date on which the final rule 
        required under paragraph (1) is published in the Federal 
        Register, and not less frequently than once every 5 years 
        thereafter, the Administrator shall submit to Congress a report 
        evaluating the implementation by States of required 
        environmental justice considerations pursuant to that final 
        rule in State permitting programs under the Clean Air Act (42 
        U.S.C. 7401 et seq.) and the Federal Water Pollution Control 
        Act (33 U.S.C. 1251 et seq.).
    (g) Toxic Substances.--
            (1) Inventory and reporting.--Section 8(b) of the Toxic 
        Substances Control Act (15 U.S.C. 2607(b)) is amended by adding 
        at the end the following:
            ``(11) Plastics.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Covered facility; covered product.--
                        The terms `covered facility' and `covered 
                        product' have the meanings given those terms in 
                        section 204(a) of the Protecting Communities 
                        from Plastics Act.
                            ``(ii) Plastic; single-use plastic.--The 
                        terms `plastic' and `single-use plastic' have 
                        the meanings given those terms in section 203 
                        of the Protecting Communities from Plastics 
                        Act.
                    ``(B) Inventory.--Not later than April 1, 2025, and 
                every 3 years thereafter, the Administrator shall 
                prepare, and publish in the Federal Register, an 
                inventory of plastic manufacturing, distribution in 
                commerce, and trade in the United States.
                    ``(C) Process.--In preparing the inventory under 
                subparagraph (B), the Administrator shall--
                            ``(i) identify--
                                    ``(I) each covered facility; and
                                    ``(II) any other manufacturer of 
                                plastic products;
                            ``(ii) identify--
                                    ``(I) the monomers and polymers 
                                associated with plastic production;
                                    ``(II) the types or uses of plastic 
                                products manufactured; and
                                    ``(III) the associated quantities 
                                of polymer and product manufacture and 
                                uses;
                            ``(iii) quantify the single-use plastics 
                        manufactured--
                                    ``(I) in the aggregate; and
                                    ``(II) by use category;
                            ``(iv) quantify the percentage of post-
                        consumer recycled material content of 
                        feedstocks for manufacture of the types of 
                        plastic products identified under clause 
                        (ii)(II);
                            ``(v) provide information and quantified 
                        estimates regarding the fate of the plastic 
                        products at the end of useful life;
                            ``(vi) identify the chemicals used in 
                        polymer or plastic production that may pose a 
                        potential risk to human health and the 
                        environment, taking into account the data 
                        reported under subparagraph (D)(i), which shall 
                        include, at a minimum, the information 
                        described in subparagraphs (A) through (G) of 
                        subsection (a)(2);
                            ``(vii) specify any chemicals identified 
                        under clause (vi)--
                                    ``(I) that are undergoing 
                                regulatory action under section 6; or
                                    ``(II) for which regulatory action 
                                under section 6 is anticipated during 
                                the following 3 years;
                            ``(viii) for each chemical identified under 
                        clause (vi) that is not specified under clause 
                        (vii), provide a timetable for regulatory 
                        action under section 6 and any other 
                        recommended actions, including proposed 
                        revisions of Federal law or regulations, to 
                        achieve further reductions in plastic 
                        manufacture or distribution in commerce; and
                            ``(ix) propose revisions to Federal law or 
                        regulations to achieve further reductions in 
                        plastic manufacture or distribution in 
                        commerce.
                    ``(D) Reporting.--
                            ``(i) In general.--To assist in the 
                        preparation of the inventory under subparagraph 
                        (B), notwithstanding section 3(2)(B), each 
                        person that manufactures a covered product used 
                        in plastic production, and each person that 
                        manufactures a plastic product, shall submit to 
                        the Administrator periodic reports at such time 
                        and including such information as the 
                        Administrator shall determine, by rule.
                            ``(ii) Promulgation of rule.--Not later 
                        than July 1, 2024, the Administrator shall 
                        promulgate the rule described in clause (i).
                            ``(iii) Previously submitted information.--
                        To avoid duplication, information previously 
                        submitted to the Administrator under this 
                        section may be considered to be partially 
                        compliant with the reporting requirements of 
                        this subparagraph if the information previously 
                        submitted is an accurate reflection of the 
                        current information.
                            ``(iv) Public availability.--The 
                        Administrator shall make available to the 
                        public, in an accessible database, the reports 
                        submitted under clause (i), in accordance with 
                        section 14.''.
            (2) Cumulative health risks posed by covered facilities.--
                    (A) Definitions.--In this paragraph:
                            (i) Chemical substance; mixture.--The terms 
                        ``chemical substance'' and ``mixture'' have the 
                        meanings given those terms in section 3 of the 
                        Toxic Substances Control Act (15 U.S.C. 2602).
                            (ii) Covered facility.--The term ``covered 
                        facility'' means a covered facility identified 
                        in the inventory.
                            (iii) Inventory.--The term ``inventory'' 
                        means the inventory published under paragraph 
                        (11) of section 8(b) of the Toxic Substances 
                        Control Act (15 U.S.C. 2607(b)).
                    (B) Assessment.--Not later than April 1, 2027, 
                taking into account the inventory, the Administrator 
                shall conduct a single assessment of the aggregate, 
                cumulative public health impacts on fenceline 
                communities at covered facilities.
                    (C) Requirements.--The assessment under 
                subparagraph (B) shall--
                            (i) ascertain the potentially exposed or 
                        susceptible subpopulations;
                            (ii) estimate the magnitude of the 
                        potential health impacts on--
                                    (I) fenceline communities 
                                generally; and
                                    (II) more exposed or susceptible 
                                subpopulations specifically;
                            (iii) determine which chemical substances 
                        or mixtures may be causing or contributing to 
                        potential adverse public health impacts;
                            (iv) include an assessment of--
                                    (I) the cumulative exposures 
                                associated with covered facilities from 
                                all chemicals used to make plastic 
                                polymers;
                                    (II) the chemical substances 
                                (including plastic polymers, additives, 
                                and byproducts) produced from--
                                            (aa) the use of the plastic 
                                        polymers as feedstocks for 
                                        other chemicals; and
                                            (bb) waste-to-fuel 
                                        technology; and
                                    (III) the impact of chemical 
                                substances (including plastic polymers, 
                                additives, and byproducts) on--
                                            (aa) the recyclability of 
                                        plastics;
                                            (bb) the use of recycled 
                                        content in food contact 
                                        products and packaging; and
                                            (cc) public health; and
                            (v) focus on--
                                    (I) communities located near 
                                covered facilities;
                                    (II) workers at covered facilities;
                                    (III) other potentially exposed or 
                                susceptible subpopulations; and
                                    (IV) impacts in other countries 
                                resulting from--
                                            (aa) volatile organic 
                                        compounds, metals, and other 
                                        toxic additives and air 
                                        emissions of foreign recycling 
                                        facilities;
                                            (bb) the export from the 
                                        United States of plastic 
                                        products, intermediary products 
                                        (such as pellets), and plastic 
                                        waste from covered facilities;
                                            (cc) disposal and 
                                        management of unrecycled 
                                        fractions from the exports 
                                        described in item (bb);
                                            (dd) water and land 
                                        pollution resulting from 
                                        importation of those exports; 
                                        and
                                            (ee) the legality of those 
                                        imports, including under the 
                                        Basel Convention on the Control 
                                        of Transboundary Movements of 
                                        Hazardous Wastes and Their 
                                        Disposal, done at Basel, 
                                        Switzerland, March 22, 1989.
                    (D) Procedural requirements.--The assessment under 
                subparagraph (B) shall be subject to--
                            (i) public notice and an opportunity for 
                        public comment; and
                            (ii) peer review by the Science Advisory 
                        Committee on Chemicals established under 
                        section 26(o) of the Toxic Substances Control 
                        Act (15 U.S.C. 2625(o)).
            (3) High-priority substances.--
                    (A) Styrene and vinyl chloride.--Not later than 2 
                years after the date of enactment of this Act, the 
                Administrator, after public notice and an opportunity 
                for comment, shall make a final prioritization 
                determination under section 6(b)(1) of the Toxic 
                Substances Control Act (15 U.S.C. 2605(b)(1)) relating 
                to--
                            (i) styrene (including polystyrene); and
                            (ii) vinyl chloride (including polyvinyl 
                        chloride).
                    (B) Other chemicals or mixtures.--With respect to 
                any chemical substances or mixtures (as those terms are 
                defined in section 3 of the Toxic Substances Control 
                Act (15 U.S.C. 2602)) not described in subparagraph (A) 
                and identified in the assessment under paragraph (2) as 
                causing or contributing to potential adverse public 
                health impacts, the Administrator shall--
                            (i) include those chemical substances or 
                        mixtures in any subsequently published 
                        inventory; and
                            (ii) specify applicable timetables for 
                        action as part of the inventory in accordance 
                        with clause (vii) or (viii) of paragraph (11) 
                        of section 8(b) of the Toxic Substances Control 
                        Act (15 U.S.C. 2607(b)).
            (4) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated to the Administrator such sums as are 
                necessary to carry out this subsection and the 
                amendments made by this subsection.
                    (B) Maintenance of funding.--The funding provided 
                under this paragraph shall supplement, not supplant, 
                other Federal funding to carry out the Toxic Substances 
                Control Act (15 U.S.C. 2601 et seq.).
    (h) Hazardous Waste.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall initiate a rulemaking to 
list discarded polyvinyl chloride as a hazardous waste under the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (i) Cumulative Impact Requirements for Covered Facilities.--
            (1) Federal water pollution control act.--Section 402 of 
        the Federal Water Pollution Control Act (33 U.S.C. 1342) is 
        amended--
                    (A) by striking the section designation and heading 
                and all that follows through ``Except as'' in 
                subsection (a)(1) and inserting the following:

``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

    ``(a) Permits Issued by Administrator.--
            ``(1) In general.--Except as'';
                    (B) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) by striking ``upon condition 
                                that such discharge will meet either 
                                (A) all'' and inserting the following: 
                                ``subject to the conditions that--
                    ``(A) the discharge will achieve compliance with--
                            ``(i) all'';
                                    (II) by striking ``403 of this Act, 
                                or (B) prior'' and inserting the 
                                following: ``403; or
                            ``(ii) prior''; and
                                    (III) by striking ``this Act.'' and 
                                inserting the following: ``this Act; 
                                and
                    ``(B) as applicable, with respect to the issuance 
                or renewal of the permit to a covered facility (as 
                defined in section 204(a) of the Protecting Communities 
                from Plastics Act)--
                            ``(i) based on an analysis by the 
                        Administrator of existing water quality and the 
                        potential cumulative impacts (as defined in 
                        section 501 of the Clean Air Act (42 U.S.C. 
                        7661)) of the discharge from the covered 
                        facility (as so defined), considered in 
                        conjunction with the designated and actual uses 
                        of the impacted navigable water, there exists a 
                        reasonable certainty of no harm to the health 
                        of the general population, or to any 
                        potentially exposed or susceptible 
                        subpopulation; or
                            ``(ii) if the Administrator determines 
                        that, due to those potential cumulative 
                        impacts, there does not exist a reasonable 
                        certainty of no harm to the health of the 
                        general population, or to any potentially 
                        exposed or susceptible subpopulation, the 
                        permit or renewal includes such terms and 
                        conditions as the Administrator determines to 
                        be necessary to ensure a reasonable certainty 
                        of no harm.''; and
                            (ii) in paragraph (2), by striking ``assure 
                        compliance with the requirements of paragraph 
                        (1) of this subsection, including conditions on 
                        data and information collection, reporting, and 
                        such other requirements as he deems 
                        appropriate.'' and inserting the following: 
                        ``ensure compliance with the requirements of 
                        paragraph (1), including--
                    ``(A) conditions relating to--
                            ``(i) data and information collection;
                            ``(ii) reporting; and
                            ``(iii) such other requirements as the 
                        Administrator determines to be appropriate; and
                    ``(B) with respect to covered facilities (as 
                defined in section 204(a) of the Protecting Communities 
                from Plastics Act) additional controls or pollution 
                prevention requirements.''; and
                    (C) in subsection (b)--
                            (i) in each of paragraphs (1)(D), (2)(B), 
                        and (3) through (7), by striking the semicolon 
                        at the end and inserting a period;
                            (ii) in paragraph (8), by striking ``; 
                        and'' at the end and inserting a period; and
                            (iii) by adding at the end the following:
            ``(10) To ensure that no permit will be issued to or 
        renewed for a covered facility (as defined in section 204(a) of 
        the Protecting Communities from Plastics Act) if, with respect 
        to an application for the permit, the State determines, based 
        on an analysis by the State of existing water quality and the 
        potential cumulative impacts (as defined in section 501 of the 
        Clean Air Act (42 U.S.C. 7661)) of the discharge from the 
        covered facility (as so defined), considered in conjunction 
        with the designated and actual uses of the impacted navigable 
        water, that the terms and conditions of the permit or renewal 
        would not be sufficient to ensure a reasonable certainty of no 
        harm to the health of the general population, or to any 
        potentially exposed or susceptible subpopulation.''.
            (2) Clean air act.--
                    (A) Definitions.--Section 501 of the Clean Air Act 
                (42 U.S.C. 7661) is amended--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``As used in this title--'' and 
                        inserting ``In this title:'';
                            (ii) by redesignating paragraphs (2), (3), 
                        and (4) as paragraphs (3), (5), and (4), 
                        respectively, and moving the paragraphs so as 
                        to appear in numerical order; and
                            (iii) by inserting after paragraph (1) the 
                        following:
            ``(2) Cumulative impacts.--The term `cumulative impacts' 
        means any exposure, public health or environmental risk, or 
        other effect occurring in a specific geographical area, 
        including from an emission or release--
                    ``(A) including--
                            ``(i) environmental pollution released--
                                    ``(I) routinely;
                                    ``(II) accidentally; or
                                    ``(III) otherwise; and
                            ``(ii) as assessed based on the combined 
                        past, present, and reasonably foreseeable 
                        emissions and discharges affecting the 
                        geographical area; and
                    ``(B) evaluated taking into account sensitive 
                populations and socioeconomic factors, where 
                applicable.''.
                    (B) Permit programs.--Section 502(b) of the Clean 
                Air Act (42 U.S.C. 7661a(b)) is amended--
                            (i) in paragraph (5)--
                                    (I) in subparagraphs (A) and (C), 
                                by striking ``assure'' each place it 
                                appears and inserting ``ensure''; and
                                    (II) by striking subparagraph (F) 
                                and inserting the following:
                    ``(F) ensure that no permit will be issued to or 
                renewed for a covered facility (as defined in section 
                204(a) of the Protecting Communities from Plastics 
                Act), as applicable, if--
                            ``(i) with respect to an application for a 
                        permit or renewal of a permit for a major 
                        source that is a covered facility (as defined 
                        in section 204(a) of the Protecting Communities 
                        from Plastics Act), the permitting authority 
                        determines under paragraph 
                        (9)(C)(ii)(I)(bb)(BB) that the terms and 
                        conditions of the permit or renewal would not 
                        be sufficient to ensure a reasonable certainty 
                        of no harm to the health of the general 
                        population, or to any potentially exposed or 
                        susceptible subpopulation, of the applicable 
                        census tracts or Tribal census tracts (as those 
                        terms are defined by the Director of the Bureau 
                        of the Census); or
                            ``(ii) the Administrator objects to the 
                        issuance of the permit in a timely manner under 
                        this title.''; and
                            (ii) in paragraph (9)--
                                    (I) in the fourth sentence, by 
                                striking ``Such permit revision'' and 
                                inserting the following:
                            ``(iii) Treatment as renewal.--A permit 
                        revision under this paragraph'';
                                    (II) in the third sentence, by 
                                striking ``No such revision shall'' and 
                                inserting the following:
                            ``(ii) Exception.--A revision under this 
                        paragraph shall not'';
                                    (III) in the second sentence, by 
                                striking ``Such revisions'' and 
                                inserting the following:
                    ``(B) Revision requirements.--
                            ``(i) Deadline.--A revision described in 
                        subparagraph (A) or (C)'';
                                    (IV) by striking ``(9) A 
                                requirement'' and inserting the 
                                following:
            ``(9) Major sources.--
                    ``(A) In general.--Subject to subparagraph (C), a 
                requirement that''; and
                                    (V) by adding at the end the 
                                following:
                    ``(C) Certain plastics facilities.--
                            ``(i) Definition of covered facility.--In 
                        this subparagraph, the term `covered facility' 
                        has the meaning given the term in section 
                        204(a) of the Protecting Communities from 
                        Plastics Act.
                            ``(ii) Additional requirements.--With 
                        respect to any permit or renewal of a permit, 
                        as applicable, for a major source that is a 
                        covered facility, the permitting authority, in 
                        determining whether to issue or renew the 
                        permit, shall--
                                    ``(I) evaluate the potential 
                                cumulative impacts of the proposed 
                                covered facility, as described in the 
                                applicable cumulative impacts analysis 
                                submitted under section 503(b)(3);
                                    ``(II) if, due to those potential 
                                cumulative impacts, the permitting 
                                authority cannot determine that there 
                                exists a reasonable certainty of no 
                                harm to the health of the general 
                                population, or to any potentially 
                                exposed or susceptible subpopulation, 
                                of any census tracts or Tribal census 
                                tracts (as those terms are defined by 
                                the Director of the Bureau of the 
                                Census) located in, or immediately 
                                adjacent to, the area in which the 
                                covered facility is, or is proposed to 
                                be, located--
                                            ``(aa) include in the 
                                        permit or renewal such terms 
                                        and conditions (including 
                                        additional controls or 
                                        pollution prevention 
                                        requirements) as the permitting 
                                        authority determines to be 
                                        necessary to ensure a 
                                        reasonable certainty of no 
                                        harm; or
                                            ``(bb) if the permitting 
                                        authority determines that terms 
                                        and conditions described in 
                                        item (aa) would not be 
                                        sufficient to ensure a 
                                        reasonable certainty of no 
                                        harm, deny the issuance or 
                                        renewal of the permit;
                                    ``(III) determine whether the 
                                applicant is a persistent violator, 
                                based on such criteria relating to the 
                                history of compliance by an applicant 
                                with this Act as the Administrator 
                                shall establish by not later than 180 
                                days after the date of enactment of the 
                                Protecting Communities from Plastics 
                                Act;
                                    ``(IV) if the permitting authority 
                                determines under subclause (III) that 
                                the applicant is a persistent violator 
                                and the permitting authority does not 
                                deny the issuance or renewal of the 
                                permit pursuant to subclause (V)(bb)--
                                            ``(aa) require the 
                                        applicant to submit a 
                                        redemption plan that describes, 
                                        if the applicant is not in 
                                        compliance with this Act, 
                                        measures the applicant will 
                                        carry out to achieve that 
                                        compliance, together with an 
                                        approximate deadline for that 
                                        achievement, measures the 
                                        applicant will carry out, or 
                                        has carried out to ensure the 
                                        applicant will remain in 
                                        compliance with this Act, and 
                                        to mitigate the environmental 
                                        and health effects of 
                                        noncompliance, and the measures 
                                        the applicant has carried out 
                                        in preparing the redemption 
                                        plan to consult or negotiate 
                                        with the communities affected 
                                        by each persistent violation 
                                        addressed in the plan; and
                                            ``(bb) once such a 
                                        redemption plan is submitted, 
                                        determine whether the plan is 
                                        adequate to ensuring that the 
                                        applicant will achieve 
                                        compliance with this Act 
                                        expeditiously, will remain in 
                                        compliance with this Act, will 
                                        mitigate the environmental and 
                                        health effects of 
                                        noncompliance, and has 
                                        solicited and responded to 
                                        community input regarding the 
                                        redemption plan; and
                                    ``(V) deny the issuance or renewal 
                                of the permit if the permitting 
                                authority determines that--
                                            ``(aa) the redemption plan 
                                        submitted under subclause 
                                        (IV)(aa) is inadequate; or
                                            ``(bb)(AA) the applicant 
                                        has submitted a redemption plan 
                                        on a prior occasion, but 
                                        continues to be a persistent 
                                        violator; and
                                            ``(BB) no indication of 
                                        extremely exigent circumstances 
                                        excusing the persistent 
                                        violations exists.''.
                    (C) Permit applications.--Section 503(b) of the 
                Clean Air Act (42 U.S.C. 7661b(b)) is amended by adding 
                at the end the following:
            ``(3) Analyses for certain plastics facilities.--The 
        regulations required by section 502(b) shall include a 
        requirement that an applicant for a permit or renewal of a 
        permit for a major source that is a covered facility (as 
        defined in section 204(a) of the Protecting Communities from 
        Plastics Act) shall submit, together with the compliance plan 
        required under this subsection, a cumulative impacts analysis 
        for each census block tract or Tribal census block tract (as 
        those terms are defined by the Director of the Bureau of the 
        Census) located within 10 kilometers of, or immediately 
        adjacent to, the area in which the major source that is a 
        covered source (as so defined) is, or is proposed to be, 
        located that analyzes--
                    ``(A) community demographics and locations of 
                community exposure points, such as residences, schools, 
                daycare centers, nursing homes, hospitals, health 
                clinics, places of religious worship, parks, 
                playgrounds, and community centers;
                    ``(B) air quality (including with respect to 
                hazardous air pollutants and criteria pollutants) and 
                the potential effect on that air quality of emissions 
                of air pollutants (including pollutants listed under 
                section 108 or 112) from the proposed covered facility 
                (as so defined), including in combination with existing 
                sources of pollutants;
                    ``(C) the potential effects on soil quality, water 
                quality, and fish and game of emissions of air and 
                water pollutants that could contaminate soil or water 
                from the proposed major source, including in 
                combination with existing sources of pollutants; and
                    ``(D) public health and any potential effects on 
                public health of the proposed covered facility (as so 
                defined).''.
    (j) Financial Assurance Requirements for Covered Facilities.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall develop and 
        require as a condition to receiving a permit under the Clean 
        Air Act (42 U.S.C. 7401 et seq.) or the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.) financial assurance 
        requirements for new covered facilities that demonstrate the 
        presence of sufficient financial resources--
                    (A) to safely close the covered facility at the end 
                of the operational life of the covered facility; or
                    (B) to provide appropriate emergency response in 
                the case of an accidental release.
            (2) Application to existing covered facilities.--The 
        financial assurance requirements under paragraph (1) shall 
        apply to existing covered facilities at the time at which an 
        existing covered facility seeks renewal of a permit under the 
        Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.), as applicable.
    (k) Siting Restrictions for New Covered Facilities.--The issuance 
or approval of a permit under the Clean Air Act (42 U.S.C. 7401 et 
seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.) for a new covered facility, or for the expansion of an existing 
covered facility, shall be prohibited within 5 miles of a community 
building or area, including a school, a residence, a daycare center, a 
nursing home, a hospital, a health clinic, a place of religious 
worship, a park, a playground, and a community center.

SEC. 205. MICROPLASTICS RESEARCH AND DIRECTIVES.

    (a) Definition of Microplastic.--In this section, the term 
``microplastic'' means a plastic or plastic-coated particle that is 
less than 5 millimeters in any dimension.
    (b) National Recycling Strategy Limitation.--The Administrator 
shall not expand the scope of the National Recycling Strategy of the 
Environmental Protection Agency to include facilities that treat 
plastic waste through the use of pyrolysis, gasification, or similar 
chemical recycling technologies.
    (c) Food and Drug Administration Study.--
            (1) In general.--The Commissioner of Food and Drugs, in 
        consultation with the Secretary of Agriculture and the heads of 
        other necessary Federal departments and agencies, such as the 
        Director of the National Institute of Standards and Technology, 
        shall conduct a nationwide study on the presence and sources of 
        microplastics in food (including drink) products, including 
        food products containing fish, meat, fruits, or vegetables.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Commissioner of Food and Drugs shall 
        submit to Congress, and make publicly available, a report 
        describing the results of the study under this subsection.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out this 
        subsection.
    (d) Microplastics Pilot Program.--
            (1) Establishment.--The Administrator shall establish a 
        pilot program (referred to in this subsection as the ``pilot 
        program'') to test the efficacy and cost-effectiveness of 
        tools, technologies, and techniques--
                    (A) to remove microplastics from the environment 
                without causing additional harm to the environment; and
                    (B) to prevent the release of microplastics into 
                the environment.
            (2) Requirements.--In carrying out the pilot program, the 
        Administrator shall include testing of, and an analysis and 
        mitigation of any environmental impacts on--
                    (A) natural infrastructure;
                    (B) green infrastructure (as defined in section 502 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1362)); and
                    (C) mechanical removal systems (such as pumps) and 
                filtration technologies, including consideration of 
                potential negative ecological impacts that may result 
                from filtration in natural waterways and ocean waters.
            (3) Eligible locations.--The Administrator may carry out 
        under the pilot program projects located in--
                    (A) stormwater systems;
                    (B) wastewater treatment facilities;
                    (C) drinking water systems;
                    (D) ports, harbors, inland waterways, estuaries, 
                and marine environments; and
                    (E) roadways, highways, and other streets used for 
                vehicular travel.
            (4) Outreach.--In determining selection criteria and 
        projects to carry out under the pilot program, the 
        Administrator shall conduct outreach to--
                    (A) the Interagency Marine Debris Coordinating 
                Committee established by section 5(a) of the Marine 
                Debris Act (33 U.S.C. 1954(a)); and
                    (B) stakeholders and experts in the applicable 
                field, as determined by the Administrator.
            (5) Reports.--
                    (A) Outreach activities.--Not later than 180 days 
                after the date of enactment of this Act, the 
                Administrator shall submit to Congress a report 
                describing the outreach conducted under paragraph (4).
                    (B) Project effectiveness.--Not later than 3 years 
                after the date on which the Administrator establishes 
                the pilot program, the Administrator shall submit to 
                Congress a report describing the effectiveness of 
                projects carried out under the pilot program.
            (6) Rulemaking required.--Not later than 1 year after the 
        date on which the Administrator submits to Congress the report 
        required under paragraph (5)(B), the Administrator shall 
        initiate a rulemaking to address abatement and mitigation of 
        microplastics in the locations described in paragraph (3) using 
        technologies and methods tested under the pilot program.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out this 
        subsection.
    (e) National Institutes of Health Research.--
            (1) In general.--The Director of the National Institutes of 
        Health shall conduct or support research on the presence of 
        microplastics in the human body, which may include determining 
        how the presence of microplastics in organs and biospecimens, 
        including urine, breastmilk, and stool, impacts human health.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, and annually for each of the 4 years 
        thereafter, the Director of the National Institutes of Health 
        shall submit to Congress, and make publicly available, a report 
        that provides an overview of the research conducted or 
        supported under this subsection, together with any relevant 
        findings.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out this 
        subsection.

SEC. 206. REDUCING SINGLE-USE PLASTICS IN AGRICULTURE.

    (a) Biodegradable Weed Barriers Practices Under EQIP.--The 
Secretary of Agriculture shall designate a project to replace the use 
of on-farm plastic weed barriers and weed mitigants with nonplastic, 
biodegradable alternatives as an agricultural conservation practice or 
enhancement that meets the requirement described in section 
21001(a)(1)(B)(iii) of Public Law 117-169 (136 Stat. 2016) (commonly 
known as the ``Inflation Reduction Act of 2022'').
    (b) Single-Use Plastic Farm Product Packaging Reduction Grants.--
Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c) 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (6) as paragraph 
                (7); and
                    (C) by inserting after paragraph (5) the following:
            ``(6) supports the reduction of single-use plastics from 
        the post-production distribution packaging of agricultural 
        producers; and'';
            (2) by redesignating subsections (f) through (i) as 
        subsections (g) through (j), respectively;
            (3) in paragraph (1) of subsection (i) (as so 
        redesignated), in the matter preceding subparagraph (A), by 
        striking ``subsection (i)(3)(E)'' and inserting ``subsection 
        (j)(3)(E)'';
            (4) by striking ``subsection (i)'' each place it appears 
        and inserting ``subsection (j)''; and
            (5) by inserting after subsection (e) the following:
    ``(f) Single-Use Plastic Farm Product Packaging Reduction Grants.--
            ``(1) In general.--The Secretary, acting through the 
        Administrator of the Agricultural Marketing Service and in 
        coordination with the Administrator of the Rural Business-
        Cooperative Service, shall provide grants to eligible entities 
        described in paragraph (2) to significantly reduce or eliminate 
        single-use plastics from the post-production distribution 
        packaging of the entities.
            ``(2) Eligible entities.--An entity shall be eligible for a 
        grant under paragraph (1) if the entity is--
                    ``(A) an independent producer, as determined by the 
                Secretary, of a value-added agricultural product; or
                    ``(B) an agricultural producer group, farmer or 
                rancher cooperative, or majority-controlled producer-
                based business venture, as determined by the Secretary.
            ``(3) Grant amount.--The amount of a grant provided under 
        paragraph (1) shall be not more than $250,000.
            ``(4) Term.--The term of a grant provided under paragraph 
        (1) shall be 3 years.
            ``(5) Priority.--In providing grants under paragraph (1), 
        the Secretary shall give priority to--
                    ``(A) beginning farmers or ranchers;
                    ``(B) veteran farmers or ranchers;
                    ``(C) organic and regenerative farmers; and
                    ``(D) socially disadvantaged farmers or ranchers.
            ``(6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $25,000,000 for 
        each of fiscal years 2024 through 2032.''.

                 TITLE III--PLASTIC PELLET-FREE WATERS

SEC. 301. EFFLUENT LIMITATIONS FOR WASTEWATER, SPILLS, AND RUNOFF FROM 
              PLASTIC POLYMER PRODUCTION FACILITIES, PLASTIC MOLDING 
              AND FORMING FACILITIES, AND OTHER POINT SOURCES 
              ASSOCIATED WITH THE TRANSPORT AND PACKAGING OF PLASTIC 
              PELLETS OR OTHER PREPRODUCTION PLASTIC MATERIALS.

    Not later than 60 days after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency (referred to in 
this section as the ``Administrator'') shall promulgate a final rule to 
ensure that--
            (1) the discharge of plastic pellets or other preproduction 
        plastic materials (including discharge into wastewater and 
        other runoff) from facilities regulated under part 414 or 463 
        of title 40, Code of Federal Regulations (as in effect on the 
        date of enactment of this Act), is prohibited;
            (2) the discharge of plastic pellets or other preproduction 
        plastic materials (including discharge into wastewater and 
        other runoff) from a point source (as defined in section 502 of 
        the Federal Water Pollution Control Act (33 U.S.C. 1362)) that 
        makes, uses, packages, or transports those plastic pellets and 
        other preproduction plastic materials is prohibited; and
            (3) the requirements under paragraphs (1) and (2) are 
        reflected in--
                    (A) all wastewater, stormwater, and other permits 
                issued by the Administrator and State-delegated 
                programs under section 402 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1342) to facilities 
                and other point sources (as defined in section 502 of 
                that Act (33 U.S.C. 1362)) that make, use, package, or 
                transport plastic pellets or other preproduction 
                plastic materials, as determined by the Administrator, 
                in addition to other applicable limits and standards; 
                and
                    (B) all standards of performance promulgated under 
                section 312(p) of the Federal Water Pollution Control 
                Act (33 U.S.C. 1322(p)) that are applicable to point 
                sources (as defined in section 502 of that Act (33 
                U.S.C. 1362)) that make, use, package, or transport 
                plastic pellets or other preproduction plastic 
                materials, as determined by the Administrator.
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