II 

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. 

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

2 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Break Free From Plastic Pollution Act of 2023’’. 

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

5 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. 

6 TITLE I—EXTENDED RESPONSI7 BILITY FOR BEVERAGE CON8 TAINERS AND PACKAGING 

9 SEC. 101. EXTENDED RESPONSIBILITY FOR BEVERAGE 

10 CONTAINERS AND PACKAGING. 

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

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

13 the following: 

3 

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1 ‘‘Subtitle K—Extended Responsi2 bility for Beverage Containers 

3 and Packaging 

4 ‘‘SEC. 12001. DEFINITIONS. 

5 ‘‘In this subtitle: 

6 ‘‘(1) ADVISORY COMMITTEE.—The term ‘advi7 sory committee’ means an advisory committee estab8 lished by the Administrator under section 12106(a). 

9 ‘‘(2) BEVERAGE.— 

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

11 means any drinkable liquid intended for human 

12 oral consumption, including— 

13 ‘‘(i) water; 

14 ‘‘(ii) flavored water; 

15 ‘‘(iii) soda water; 

16 ‘‘(iv) mineral water; 

17 ‘‘(v) beer; 

18 ‘‘(vi) a malt beverage; 

19 ‘‘(vii) a carbonated soft drink; 

20 ‘‘(viii) liquor; 

21 ‘‘(ix) tea; 

22 ‘‘(x) coffee; 

23 ‘‘(xi) hard cider; 

24 ‘‘(xii) fruit juice; 

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

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1 ‘‘(xiv) coconut water; 

2 ‘‘(xv) wine; 

3 ‘‘(xvi) a yogurt drink; 

4 ‘‘(xvii) a probiotic drink; 

5 ‘‘(xviii) a wine cooler; and 

6 ‘‘(xix) any other beverage determined 

7 to be appropriate by the Administrator. 

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

9 does not include— 

10 ‘‘(i) a drug regulated under the Fed11 eral Food, Drug, and Cosmetic Act (21 

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

13 ‘‘(ii) infant formula; or 

14 ‘‘(iii) a meal replacement liquid. 

15 ‘‘(3) BEVERAGE CONTAINER.— 

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

17 container’ means a prepackaged container 

18 that— 

19 ‘‘(i) is designed to hold a beverage; 

20 ‘‘(ii) is made of any material, includ21 ing glass, plastic, and metal; and 

22 ‘‘(iii) has a volume of not more than 

23 3 liters. 

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

25 container’ does not include— 

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1 ‘‘(i) a carton; 

2 ‘‘(ii) a pouch; or 

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

4 drink box. 

5 ‘‘(4) BRAND.— 

6 ‘‘(A) IN GENERAL.—The term ‘brand’ 

7 means any mark, word, name, symbol, design, 

8 device, or graphic element that— 

9 ‘‘(i) identifies a product; and 

10 ‘‘(ii) distinguishes the product from 

11 other products. 

12 ‘‘(B) INCLUSIONS.—The term ‘brand’ in13 cludes— 

14 ‘‘(i) any combination of 2 or more 

15 marks, words, names, symbols, designs, de16 vices, or graphic elements described in sub17 paragraph (A); and 

18 ‘‘(ii) any registered or unregistered 

19 trademark. 

20 ‘‘(5) COMPOSTABLE.— 

21 ‘‘(A) IN GENERAL.—The term 

22 ‘compostable’, with respect to a covered product 

23 described in subparagraph (B), means that the 

24 covered product— 

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

2 standard specification for compostable 

3 products numbered D6400 or D6868— 

4 ‘‘(aa) as in effect on the date of 

5 enactment of this subtitle; or 

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

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

9 and 

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

12 subclause (I); 

13 ‘‘(ii) is certified as a compostable 

14 product by an independent third party that 

15 is approved by the Administrator; or 

16 ‘‘(iii) comprises only wood or natural 

17 fiber, without any— 

18 ‘‘(I) coating; 

19 ‘‘(II) additive; or 

20 ‘‘(III) effective beginning on Feb21 ruary 1, 2025, toxic substance. 

22 ‘‘(B) DESCRIPTION OF COVERED PROD23 UCTS.—The covered products referred to in 

24 subparagraph (A) are covered products other 

25 than— 

7 

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1 ‘‘(i) paper; and 

2 ‘‘(ii) effective beginning on February 

3 1, 2025, a covered product that contains a 

4 toxic substance. 

5 ‘‘(6) COVERED PRODUCT.— 

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

7 product’, regardless of recyclability, 

8 compostability, or material type, means— 

9 ‘‘(i) packaging; 

10 ‘‘(ii) a food service product; 

11 ‘‘(iii) paper; and 

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

13 subject to a prohibition under section 

14 12202 or 12203. 

15 ‘‘(B) EXCLUSIONS.—The term ‘covered 

16 product’ does not include— 

17 ‘‘(i) a beverage container; or 

18 ‘‘(ii) any product subject to an ex19 tended responsibility program at the State 

20 level, as determined by the Administrator. 

21 ‘‘(7) ENVIRONMENTAL JUSTICE.—The term 

22 ‘environmental justice’ means the fair treatment and 

23 meaningful involvement of all individuals, regardless 

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

25 income, with respect to the development, implemenVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
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1 tation, and enforcement of environmental laws, regu2 lations, and policies to ensure that— 

3 ‘‘(A) full access to public information and 

4 opportunities for meaningful public participa5 tion with respect to human health and environ6 mental planning, regulations, and enforcement 

7 is provided to each census tract and census 

8 block group— 

9 ‘‘(i) the percentage of population of 

10 people of color of which is not less than the 

11 average percentage of population of people 

12 of color in the State in which the tract or 

13 block group is located; or 

14 ‘‘(ii) the percentage of population of 

15 households with an income of not more 

16 than twice the Federal poverty level of 

17 which is not less than the percentage of 

18 population of those households in the ap19 plicable State; 

20 ‘‘(B) no census tract or census block group 

21 described in subparagraph (A) is exposed to a 

22 disproportionate burden of the negative human 

23 health and environmental impacts of pollution 

24 or other environmental hazards; and 

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1 ‘‘(C) the 17 principles described in the doc2 ument entitled ‘The Principles of Environ3 mental Justice’, written and adopted at the 

4 First National People of Color Environmental 

5 Leadership Summit convened on October 24 

6 through 27, 1991, in Washington, DC, are 

7 upheld. 

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

9 service product’ means an item intended to deliver a 

10 food product, regardless of the recyclability or 

11 compostability of the item, including— 

12 ‘‘(A) a utensil; 

13 ‘‘(B) a straw; 

14 ‘‘(C) a stirrer; 

15 ‘‘(D) a drink cup; 

16 ‘‘(E) a drink lid; 

17 ‘‘(F) a food package; 

18 ‘‘(G) a food container; 

19 ‘‘(H) a hinged or lidded container (com20 monly known as a ‘clamshell’); 

21 ‘‘(I) a plate; 

22 ‘‘(J) a bowl; 

23 ‘‘(K) a meat, fish, seafood, or vegetable 

24 tray; 

25 ‘‘(L) a food wrapper; and 

10 

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1 ‘‘(M) a beverage container. 

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

3 means a Producer Responsibility Organization de4 scribed in section 12102(a)(1). 

5 ‘‘(10) PACKAGING.— 

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

7 means— 

8 ‘‘(i) any package or container, regard9 less of recyclability or compostability; and 

10 ‘‘(ii) any separable and distinct mate11 rial component, regardless of recyclability 

12 or compostability, used for the contain13 ment, protection, handling, delivery, and 

14 presentation of goods that are sold, offered 

15 for sale, or distributed to consumers in the 

16 United States, including through an inter17 net transaction. 

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

19 includes— 

20 ‘‘(i) an item described in subpara21 graph (A) that is— 

22 ‘‘(I) sales packaging or primary 

23 packaging intended for the consumer 

24 market; 

11 

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1 ‘‘(II) service packaging designed 

2 and intended to be used or filled at 

3 the point of sale, such as carry-out 

4 bags, bulk good bags, take-out bags, 

5 and home delivery food service prod6 ucts; 

7 ‘‘(III) secondary packaging used 

8 to group products for multiunit sale; 

9 or 

10 ‘‘(IV) tertiary packaging used for 

11 transportation or distribution directly 

12 to a consumer; and 

13 ‘‘(ii) any ancillary element that is— 

14 ‘‘(I) hung on, or attached to, a 

15 product; and 

16 ‘‘(II) performing a packaging 

17 function. 

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

19 does not include an item described in subpara20 graph (A) or (B) that— 

21 ‘‘(i) is used for the long-term protec22 tion or storage of a product; and 

23 ‘‘(ii) has a useful life of not less than 

24 5 years, as determined by the Adminis25 trator. 

12 

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1 ‘‘(11) PAPER.— 

2 ‘‘(A) IN GENERAL.—The term ‘paper’ 

3 means a paper product that is sold, offered for 

4 sale, delivered, or distributed to a consumer or 

5 business in the United States. 

6 ‘‘(B) INCLUSIONS.—The term ‘paper’ in7 cludes— 

8 ‘‘(i) newsprint and inserts; 

9 ‘‘(ii) magazines and catalogs; 

10 ‘‘(iii) direct mail; 

11 ‘‘(iv) office paper; and 

12 ‘‘(v) telephone directories. 

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

14 not include— 

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

16 intended use of the product, could become 

17 unsafe or unsanitary to recycle; or 

18 ‘‘(ii) a bound book. 

19 ‘‘(12) PLAN.—The term ‘Plan’ means a Prod20 uct Stewardship Plan of an Organization under sec21 tion 12103(a). 

22 ‘‘(13) PLASTIC.— 

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

24 means a synthetic or semisynthetic material 

25 that is— 

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1 ‘‘(i) synthesized by the polymerization 

2 of organic substances; and 

3 ‘‘(ii) capable of being shaped into var4 ious rigid and flexible forms. 

5 ‘‘(B) INCLUSIONS.—The term ‘plastic’ in6 cludes any coating or adhesive described in sub7 paragraph (A). 

8 ‘‘(14) PLASTIC COMPONENT.—The term ‘plastic 

9 component’ means an item that— 

10 ‘‘(A) is composed wholly or partially of 

11 plastic; and 

12 ‘‘(B) comprises— 

13 ‘‘(i) the entirety of a covered product; 

14 or 

15 ‘‘(ii) an element of a covered product 

16 that is detachable on or after use of the 

17 covered product. 

18 ‘‘(15) POST-CONSUMER RECYCLED MATE19 RIAL.— 

20 ‘‘(A) IN GENERAL.—The term ‘post-con21 sumer recycled material’ means new material 

22 produced using material resulting from the re23 covery, separation, collection, and reprocessing 

24 of material that— 

14 

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1 ‘‘(i) was originally sold for consump2 tion; and 

3 ‘‘(ii) would otherwise be disposed of or 

4 processed as waste. 

5 ‘‘(B) EXCLUSIONS.—The term ‘post-con6 sumer recycled material’ does not include— 

7 ‘‘(i) post-industrial material; 

8 ‘‘(ii) preconsumer material; or 

9 ‘‘(iii) a material or byproduct— 

10 ‘‘(I) generated by means of ad11 vanced recycling, chemical recycling, 

12 combustion, gasification, incineration, 

13 pyrolysis, solvolysis, thermal 

14 desorption, waste-to-energy, waste-to15 fuel, or any other chemical or molec16 ular conversion process; or 

17 ‘‘(II) generated from, and com18 monly reused within, an original man19 ufacturing and fabrication process. 

20 ‘‘(16) PRODUCER.— 

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

22 means an entity that— 

23 ‘‘(i)(I) manufactures a covered prod24 uct or beverage container; and 

15 

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1 ‘‘(II) owns, or is a licensee of, the 

2 brand or trademark under which that cov3 ered product or beverage container is— 

4 ‘‘(aa) used in a commercial enter5 prise in the United States; 

6 ‘‘(bb) sold or offered for sale in 

7 the United States; or 

8 ‘‘(cc) distributed in the United 

9 States; 

10 ‘‘(ii) if no entity described in clause 

11 (i) exists with respect to a covered product 

12 or beverage container, owns or, if the 

13 owner is not located in the United States, 

14 is the exclusive licensee of a brand or 

15 trademark under which the covered prod16 uct or beverage container is used in a com17 mercial enterprise, sold or offered for sale, 

18 or distributed, in the United States; or 

19 ‘‘(iii) if no entity described in clause 

20 (i) or (ii) exists with respect to a covered 

21 product or beverage container, sells, offers 

22 for sale, or distributes the covered product 

23 or beverage container in the United States. 

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

25 does not include an entity that produces, harVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
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1 vests, and packages an agricultural commodity 

2 on the site where the agricultural commodity 

3 was grown or raised. 

4 ‘‘(C) RELATED DEFINITIONS.—For pur5 poses of subparagraph (A): 

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

7 means an entity that holds the exclusive 

8 right to use a trademark or brand in the 

9 United States in connection with the man10 ufacture, sale, or distribution of a covered 

11 product or beverage container. 

12 ‘‘(ii) MANUFACTURE.—The term 

13 ‘manufacture’, with respect to a beverage 

14 container, means to bottle, can, or other15 wise fill a beverage container for sale to— 

16 ‘‘(I) distributors distributing bev17 erage containers to retailers; 

18 ‘‘(II) importers; or 

19 ‘‘(III) retailers. 

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

21 the delivery of a covered product or bev22 erage container to a purchaser in the 

23 United States. 

17 

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1 ‘‘(17) PRODUCT LINE.—The term ‘product line’ 

2 means a group of related products marketed under 

3 a single brand name that— 

4 ‘‘(A) is sold, offered for sale, or distributed 

5 by a distributor in the United States, including 

6 through an internet transaction; and 

7 ‘‘(B) is used by the distributor for the pur8 pose of distinguishing those products from 

9 other, similar products for better usability for 

10 consumers. 

11 ‘‘(18) PROHIBITED PLASTIC PACKAGING.—The 

12 term ‘prohibited plastic packaging’ means plastic 

13 packaging that— 

14 ‘‘(A) contains a nondetectable pigment, 

15 such as carbon black; 

16 ‘‘(B) is rigid and is composed wholly or 

17 partially of polyethylene terephthalate glycol; 

18 ‘‘(C) is composed wholly or partially of pol19 ystyrene, including expanded polystyrene; 

20 ‘‘(D) is composed wholly or partially of 

21 polyvinyl chloride, including polyvinylidene chlo22 ride; 

23 ‘‘(E) contains an oxodegradable additive, 

24 including an oxobiodegradable additive; or 

18 

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1 ‘‘(F) contains a problematic label construc2 tion that hinders recycling or makes the pack3 aging nonrecyclable, including adhesives, inks, 

4 materials, and design features. 

5 ‘‘(19) RECYCLABLE.—The term ‘recyclable’, 

6 with respect to a covered product or a beverage con7 tainer, means that the covered product or beverage 

8 container— 

9 ‘‘(A) can be economically and technically 

10 recycled in current United States market condi11 tions; 

12 ‘‘(B) is collected pursuant to 1 or more re13 cycling programs covering not less than 60 per14 cent of the population of the United States; 

15 ‘‘(C) can be sorted into 1 or more recy16 cling-process defined streams that are sent to, 

17 and reclaimed at, a reclaiming facility in ac18 cordance with the applicable requirements of 

19 the Basel Convention on the Control of Trans20 boundary Movements of Hazardous Wastes and 

21 Their Disposal, done at Basel, Switzerland, 

22 March 22, 1989; 

23 ‘‘(D) does not include an attached compo24 nent, such as a shrink sleeve, label, or filter, 

25 that is required to be removed by a consumer 

19 

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1 before the covered product or beverage con2 tainer can be recycled; and 

3 ‘‘(E)(i) in the case of plastic packaging, is 

4 designed not to include any component, ink, ad5 hesive, or label that prevents recycling of the 

6 plastic packaging according to the most-recent 

7 design guide published by the Association of 

8 Plastic Recyclers; and 

9 ‘‘(ii) in the case of nonplastic packaging or 

10 any other covered product— 

11 ‘‘(I) is designed to meet the require12 ments of subparagraphs (A) through (D); 

13 and 

14 ‘‘(II) does not include any component, 

15 ink, adhesive, or label that prevents recy16 cling of the covered product or nonplastic 

17 packaging. 

18 ‘‘(20) RECYCLE.— 

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

20 means the series of activities by which a cov21 ered product or beverage container is— 

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

23 and 

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

25 with minimal loss of material quality; 

20 

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

2 product, including the original covered 

3 product or beverage container; or 

4 ‘‘(III) in the case of composting or or5 ganic recycling, productively used for soil 

6 improvement. 

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

8 does not include— 

9 ‘‘(i) a method of sorting, processing, 

10 and aggregating materials from solid waste 

11 that does not preserve original material 

12 quality, as a result of which the aggregated 

13 material— 

14 ‘‘(I) is no longer usable for— 

15 ‘‘(aa) the initial purpose; or 

16 ‘‘(bb) a substantially similar 

17 purpose; and 

18 ‘‘(II) can only be used for an in19 ferior purpose or product (commonly 

20 referred to as ‘downcycling’); 

21 ‘‘(ii) the use of waste— 

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

23 ‘‘(II) for energy production; 

24 ‘‘(III) for repurposing into infra25 structure, including— 

21 

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1 ‘‘(aa) pavement for streets 

2 or sidewalks; 

3 ‘‘(bb) building materials; 

4 and 

5 ‘‘(cc) other infrastructure 

6 projects, as determined by the 

7 Administrator; 

8 ‘‘(IV) for alternate operating 

9 cover; or 

10 ‘‘(V) within the footprint of a 

11 landfill; or 

12 ‘‘(iii) the conversion of waste into an 

13 alternative product, such as a chemical, 

14 feedstock, fuel, or energy, through— 

15 ‘‘(I) incineration; 

16 ‘‘(II) pyrolysis; 

17 ‘‘(III) hydropyrolysis; 

18 ‘‘(IV) methanolysis; 

19 ‘‘(V) gasification; or 

20 ‘‘(VI) a similar technology, as de21 termined by the Administrator. 

22 ‘‘(21) REDEEM.—The term ‘redeem’ means to 

23 return to a retailer or producer an empty beverage 

24 container in exchange for a refund of the applicable 

25 amount under section 12108(c). 

22 

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1 ‘‘(22) REDEMPTION CENTER.—The term ‘re2 demption center’ means a facility established under 

3 section 12108(e)(2). 

4 ‘‘(23) REFILLABLE; REUSABLE.—The term ‘re5 fillable’ or ‘reusable’, with respect to a beverage con6 tainer or covered product, means that the beverage 

7 container or covered product is— 

8 ‘‘(A) explicitly designed and marketed to 

9 be used— 

10 ‘‘(i) by a producer or consumer, mul11 tiple times for the same or a similar prod12 uct; or 

13 ‘‘(ii) by a producer, for another pur14 poseful packaging use in a supply chain; 

15 ‘‘(B) designed for durability to function 

16 properly in original condition for multiple uses; 

17 ‘‘(C) mechanically feasible for refill or 

18 reuse in current United States market condi19 tions; 

20 ‘‘(D) feasible for refill or reuse for such 

21 number of cycles as the Administrator deter22 mines to be appropriate to achieve a significant 

23 environmental benefit across the lifecycle of the 

24 beverage container or covered product, as comVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
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1 pared to a single-use beverage container or cov2 ered product; and 

3 ‘‘(E) part of a reuse and refill system in 

4 the United States under which not less than 95 

5 percent of beverage containers are returned to 

6 distributors for reuse and refill. 

7 ‘‘(24) RESPONSIBLE END MARKET.—The term 

8 ‘responsible end market’ means a material market in 

9 which the recycling or recovery of materials or the 

10 disposal of contaminants is conducted in a manner 

11 that, as determined by the Administrator— 

12 ‘‘(A) benefits the environment; and 

13 ‘‘(B) minimizes risks to— 

14 ‘‘(i) public health; and 

15 ‘‘(ii) worker health and safety. 

16 ‘‘(25) RESTAURANT.— 

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

18 means an establishment the primary business of 

19 which is the preparation of food or beverages 

20 for consumption by the public— 

21 ‘‘(i) in a form and quantity that is 

22 consumable immediately at the establish23 ment, regardless of whether a purchased 

24 food or beverage is consumed on-premises; 

25 or 

24 

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1 ‘‘(ii) in a consumable form for con2 sumption off-premises. 

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

4 includes a fast food restaurant. 

5 ‘‘(26) RETAILER.— 

6 ‘‘(A) IN GENERAL.—The term ‘retailer’ 

7 means an entity located in the United States 

8 that— 

9 ‘‘(i) engages in the sale of beverage 

10 containers or covered products to a con11 sumer; or 

12 ‘‘(ii) provides beverage containers or 

13 covered products to an individual or entity 

14 in commerce, including provision free of 

15 charge, such as at a workplace or event. 

16 ‘‘(B) INCLUSION.—The term ‘retailer’ in17 cludes an entity located in the United States 

18 that engages in the sale of, or provides, bev19 erage containers as described in subparagraph 

20 (A) through a vending machine or similar 

21 means. 

22 ‘‘(27) REUSE AND REFILL SYSTEM.—The term 

23 ‘reuse and refill system’ means a set of mechanisms 

24 relating to refillable or reusable covered products 

25 and beverage containers that is supported by adeVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
25 

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1 quate infrastructure at the producer level, and ade2 quate and convenient availability and retail infra3 structure at the consumer level, to ensure that the 

4 covered products and beverage containers can be— 

5 ‘‘(A) repeatedly recovered, inspected, re6 paired (if necessary), and reissued by producers 

7 into the supply chain for reuse or refill for mul8 tiple cycles; and 

9 ‘‘(B) conveniently and safely reused or re10 filled by producers and consumers for multiple 

11 cycles. 

12 ‘‘(28) SINGLE-USE.— 

13 ‘‘(A) IN GENERAL.—The term ‘single-use’, 

14 with respect to a covered product or a beverage 

15 container, means that the covered product or 

16 beverage container is routinely disposed of, re17 cycled, or otherwise discarded after 1 use. 

18 ‘‘(B) EXCLUSIONS.—The term ‘single-use’, 

19 with respect to a covered product, does not in20 clude a covered product that is— 

21 ‘‘(i) a medical food item, supplement, 

22 device, or other product determined by the 

23 Secretary of Health and Human Services 

24 necessarily to be made of plastic for the 

25 protection of public health; 

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1 ‘‘(ii) personal protective equipment, 

2 including— 

3 ‘‘(I) masks; 

4 ‘‘(II) gloves; 

5 ‘‘(III) face shields; and 

6 ‘‘(IV) other personal protective 

7 equipment, as determined by Sec8 retary of Health and Human Services; 

9 ‘‘(iii) a personal hygiene product that, 

10 due to the intended use of the product, 

11 could become unsafe or unsanitary to recy12 cle, such as a diaper; or 

13 ‘‘(iv) packaging used for— 

14 ‘‘(I) any product described in 

15 clause (i), (ii), or (iii); or 

16 ‘‘(II) the shipment of hazardous 

17 materials, and is prohibited from 

18 being composed of used materials 

19 under section 178.509 or 178.522 of 

20 title 49, Code of Federal Regulations 

21 (as in effect on the date of enactment 

22 of this subtitle). 

23 ‘‘(29) SOURCE REDUCTION.— 

24 ‘‘(A) IN GENERAL.—The term ‘source re25 duction’ means a reduction in the quantity of 

27 

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1 covered products or beverage containers pro2 duced by a producer, as compared to a baseline 

3 established pursuant to section 12105(b), in4 cluding due to— 

5 ‘‘(i) shifting to reusable or refillable 

6 packaging or food service product systems; 

7 or 

8 ‘‘(ii) eliminating unnecessary pack9 aging. 

10 ‘‘(B) EXCLUSIONS.—The term ‘source re11 duction’ does not include— 

12 ‘‘(i) replacing recyclable or 

13 compostable single-use plastic packaging or 

14 food service products with— 

15 ‘‘(I) a nonrecyclable or 

16 noncompostable single-use plastic 

17 packaging or food service products; or 

18 ‘‘(II) single-use plastic packaging 

19 or food service products that are less 

20 likely to be recycled or composted; or 

21 ‘‘(ii) switching from virgin single-use 

22 plastic packaging or food service products 

23 to plastic post-consumer recycled material. 

24 ‘‘(30) TOXIC SUBSTANCE.— 

28 

•S 3127 IS

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

4 ‘‘(i) may cause— 

5 ‘‘(I) personal injury or disease to 

6 humans through ingestion, inhalation, 

7 or absorption through any body sur8 face; or 

9 ‘‘(II) adverse impacts on the en10 vironment; and 

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

13 ‘‘(B) CONDITIONS.—The conditions re14 ferred to in subparagraph (A)(ii) are the fol15 lowing: 

16 ‘‘(i) The substance, mixture, or com17 pound is subject to reporting requirements 

18 under— 

19 ‘‘(I) the Emergency Planning 

20 and Community Right-To-Know Act 

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

22 ‘‘(II) the Comprehensive Envi23 ronmental Response, Compensation, 

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

25 9601 et seq.); or 

29 

•S 3127 IS

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

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

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

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

8 the Administrator of Health and Human 

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

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

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

19 that the substance, mixture, or compound 

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

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

24 ‘‘(I) a perfluoroalkyl or 

25 polyfluoroalkyl substance; 

30 

•S 3127 IS

1 ‘‘(II) an orthophthalate; 

2 ‘‘(III) a bisphenol compound (but 

3 not including an alkyl-substituted 

4 bisphenol compound generated 

5 through a xylenol-aldehyde process); 

6 ‘‘(IV) a halogenated or nanoscale 

7 flame-retardant chemical; 

8 ‘‘(V) UV 328 (2-(2H9 benzotriazol-2-yl)-4,6-di-tert10 pentylphenol); 

11 ‘‘(VI) a chlorinated paraffin; 

12 ‘‘(VII) listed as a persistent or13 ganic pollutant by the Stockholm Con14 vention on Persistent Organic Pollut15 ants; 

16 ‘‘(VIII) given an overall carcino17 genicity evaluation of Group 1, Group 

18 2A, or Group 2B by the International 

19 Agency for Research on Cancer; or 

20 ‘‘(IX) listed as a toxic, poisonous, 

21 explosive, corrosive, flammable, 

22 ecotoxic, or infectious waste by the 

23 Basel Convention on the Control of 

24 Transboundary Movements of Haz25 ardous Wastes and Their Disposal, 

31 

•S 3127 IS

1 done at Basel, Switzerland, March 22, 

2 1989. 

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

5 as determined by the Administrator, has 

6 been identified by a Federal agency, State 

7 agency, or international intergovernmental 

8 agency as being 1 or more of the following: 

9 ‘‘(I) A carcinogen, mutagen, re10 productive toxicant, immunotoxicant, 

11 neurotoxicant, or endocrine disruptor. 

12 ‘‘(II) A persistent bioaccumula13 tive. 

14 ‘‘(III) A chemical or chemical 

15 class that may— 

16 ‘‘(aa) harm the normal de17 velopment of a fetus or child or 

18 cause other developmental tox19 icity in humans or wildlife; 

20 ‘‘(bb) harm organs or cause 

21 other systemic toxicity; or 

22 ‘‘(cc) have an adverse im23 pact on— 

24 ‘‘(AA) air quality; 

25 ‘‘(BB) ecology; 

32 

•S 3127 IS

1 ‘‘(CC) soil quality; or 

2 ‘‘(DD) water quality. 

3 ‘‘(IV) A chemical or chemical 

4 class that has toxicity equivalent to 

5 the toxicity reflected in a criterion de6 scribed in any of subclauses (I) 

7 through (III). 

8 ‘‘(31) UNITED STATES.—The term ‘United 

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

10 all of the States. 

11 ‘‘PART I—EXTENDED RESPONSIBILITY 

12 ‘‘SEC. 12101. EXTENDED RESPONSIBILITY. 

13 ‘‘(a) PARTICIPATION IN ORGANIZATION RE14 QUIRED.— 

15 ‘‘(1) IN GENERAL.—Except as provided in sub16 section (b), effective beginning on February 1, 2025, 

17 each producer of a covered product or beverage con18 tainer that is sold, distributed, or imported into the 

19 United States shall— 

20 ‘‘(A) participate as a member of 1 or more 

21 Organizations, based on category of covered 

22 products or beverage containers, for which a 

23 Plan is approved by the Administrator; and 

33 

•S 3127 IS

1 ‘‘(B) pursuant to that participation, 

2 achieve the performance targets described in 

3 paragraph (2). 

4 ‘‘(2) PERFORMANCE TARGETS.—The perform5 ance targets referred to in paragraph (1)(B) are the 

6 following, with respect to the covered products and 

7 beverage containers subject to the responsibility of 

8 the applicable producer: 

9 ‘‘(A) All plastic covered products and bev10 erage containers have been subject to source re11 duction in accordance with section 12105. 

12 ‘‘(B) Effective beginning on January 1, 

13 2033, all covered products and beverage con14 tainers are reusable, recyclable, or compostable. 

15 ‘‘(C) All covered products and beverage 

16 containers achieve compliance with section 

17 12113. 

18 ‘‘(D) The following recycling rates (by cat19 egory of covered product or beverage container) 

20 are achieved for each covered product and bev21 erage container: 

22 ‘‘(i) Not less than 50 percent by Jan23 uary 1, 2030. 

24 ‘‘(ii) Not less than 65 percent by Jan25 uary 1, 2040. 

34 

•S 3127 IS

1 ‘‘(iii) Not less than 75 percent by 

2 January 1, 2050. 

3 ‘‘(b) EXEMPTIONS.—A producer of a covered product 

4 or beverage container, including a producer that operates 

5 as a single point of retail sale and is not supplied by, or 

6 operated as part of, a franchise, shall not be subject to 

7 this part if the producer— 

8 ‘‘(1)(A) for fiscal year 2023, had an annual rev9 enue of less than $1,000,000; and 

10 ‘‘(B) for fiscal year 2024 and each fiscal year 

11 thereafter, has an annual revenue of less than the 

12 applicable amount under section 12108(c) during 

13 the preceding fiscal year, as adjusted to reflect 

14 changes for the 12-month period ending on the pre15 ceding November 30 in the Consumer Price Index 

16 for All Urban Consumers published by the Bureau 

17 of Labor Statistics of the Department of Labor; or 

18 ‘‘(2) is the producer of less than 1 ton of cov19 ered products or beverage containers in commerce 

20 each year. 

21 ‘‘(c) ENFORCEMENT.— 

22 ‘‘(1) PROHIBITION.—Except as provided in sub23 section (b), it shall be unlawful for any producer to 

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1 erage container in commerce except in compliance 

2 with this part. 

3 ‘‘(2) CIVIL PENALTY.—A producer that violates 

4 paragraph (1) shall be subject to a fine— 

5 ‘‘(A) for each violation; 

6 ‘‘(B) for each day that a violation occurs; 

7 and 

8 ‘‘(C) in an aggregate amount of not more 

9 than $70,117. 

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

11 may bring a civil action to enjoin the sale, distribu12 tion, or importation into the United States of a cov13 ered product or beverage container in violation of 

14 this part. 

15 ‘‘(4) STATE ENFORCEMENT.—The Adminis16 trator may permit a State to carry out enforcement 

17 under paragraph (2) or (3) if the Administrator de18 termines that the State meets such requirements as 

19 the Administrator may establish, subject to the con20 dition that any fine collected by a State pursuant to 

21 paragraph (2) shall be deposited in the Reduction 

22 and Litter Cleanup Trust Fund established by sec23 tion 12112(b). 

36 

•S 3127 IS

1 ‘‘(d) CATEGORIES.—The Administrator, in consulta2 tion with Organizations, shall promulgate regulations to 

3 establish, for purposes of this part— 

4 ‘‘(1) such categories of covered products as the 

5 Administrator determines to be appropriate; and 

6 ‘‘(2) a single category for beverage containers. 

7 ‘‘(e) INAPPLICABILITY OF ANTITRUST LAWS.—The 

8 antitrust laws (as defined in the first section of the Clay9 ton Act (15 U.S.C. 12)) shall not apply to a producer or 

10 Organization that carries out any activity in accordance 

11 with an approved Plan if the activity is necessary to de12 velop and implement the Plan. 

13 ‘‘(f) REGULATIONS.—Not later than 1 year after the 

14 date of enactment of this subtitle, the Administrator shall 

15 promulgate such regulations as the Administrator deter16 mines to be necessary to implement, administer, and en17 force this part, including methods and processes for— 

18 ‘‘(1) collecting information necessary to ensure 

19 an accurate baseline under section 12105(b); and 

20 ‘‘(2) determining compliance with the require21 ments of this part. 

22 ‘‘SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS. 

23 ‘‘(a) PARTICIPATION.— 

24 ‘‘(1) IN GENERAL.—For each category of cov25 ered products or beverage containers sold, distribVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
37 

•S 3127 IS

1 uted, or imported into the United States by a pro2 ducer, the producer shall establish a new, or join an 

3 existing, Producer Responsibility Organization. 

4 ‘‘(2) MULTIPLE ORGANIZATIONS.—A producer 

5 may participate in— 

6 ‘‘(A) more than 1 Organization, if each 

7 Organization is established for a different cat8 egory of covered products or beverage con9 tainers subject to the responsibility of the pro10 ducer; but 

11 ‘‘(B)(i) only 1 national Organization with 

12 respect to each category of covered products; 

13 ‘‘(ii) only 1 national Organization with re14 spect to beverage containers; and 

15 ‘‘(iii) only 1 regional Organization with re16 spect to beverage containers and each category 

17 of covered products for each region in which the 

18 beverage containers or covered products, respec19 tively, are sold. 

20 ‘‘(3) NEW PRODUCERS.— 

21 ‘‘(A) IN GENERAL.—A producer that com22 mences operation in the United States, or that 

23 produces a covered product or beverage con24 tainer that is new to the producer in the United 

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38 

•S 3127 IS

1 tions under subsection (b) shall establish a new, 

2 or join an existing, Organization for the appli3 cable category of covered products or beverage 

4 containers. 

5 ‘‘(B) APPROVAL.—A new Organization es6 tablished pursuant to subparagraph (A) shall be 

7 approved or disapproved by the Administrator 

8 in accordance with subsection (b). 

9 ‘‘(b) APPROVAL BY ADMINISTRATOR.— 

10 ‘‘(1) IN GENERAL.—The establishment of an 

11 Organization pursuant to subsection (a) shall be 

12 subject to the approval of the Administrator. 

13 ‘‘(2) APPLICATION.—Not later than January 1, 

14 2025, the governing body of each Organization shall 

15 submit to the Administrator an application describ16 ing the means by which the Organization meets the 

17 criteria described in paragraph (3). 

18 ‘‘(3) CRITERIA.—The Administrator may ap19 prove the establishment of an Organization only if 

20 the Administrator determines that the Organiza21 tion— 

22 ‘‘(A) has a governing board consisting of 

23 producers that represent the diversity of appli24 cable covered products or beverage containers, 

25 as applicable, in the market; and 

39 

•S 3127 IS

1 ‘‘(B) demonstrates that the Organization 

2 has in effect adequate financial responsibility 

3 and financial controls, including fraud preven4 tion measures and an audit schedule, to ensure 

5 proper management of funds. 

6 ‘‘(4) ADDITIONAL ORGANIZATIONS.—After Jan7 uary 1, 2035, on a determination by the Adminis8 trator that additional Organizations would be bene9 ficial in satisfying the requirements of this part, the 

10 Administrator may approve additional Organizations 

11 that meet the requirements of this subsection. 

12 ‘‘(5) REVOCATION.— 

13 ‘‘(A) IN GENERAL.—The Administrator 

14 shall revoke approval of an Organization under 

15 this subsection if the Administrator determines 

16 that the Organization— 

17 ‘‘(i) ceases to meet the requirements 

18 of this part, including the criteria de19 scribed in paragraph (3); or 

20 ‘‘(ii) fails to implement and admin21 ister an approved Plan in a manner that 

22 effectuates the purposes of this part. 

23 ‘‘(B) REPLACEMENT.—If the Adminis24 trator revokes approval of an Organization pur25 suant to subparagraph (A), the Administrator 

40 

•S 3127 IS

1 may approve 1 or more additional Organiza2 tions to carry out the responsibilities of the re3 voked Organization under this part for the ap4 plicable category of covered products or bev5 erage containers, subject to the criteria de6 scribed in paragraph (3). 

7 ‘‘(c) DUTIES.—An Organization shall act as an 

8 agent, and on behalf, of each producer that is a member 

9 of the Organization to carry out the responsibilities of the 

10 producer under this part with respect to the applicable 

11 category of covered products or beverage containers. 

12 ‘‘(d) COORDINATION.—If more than 1 Organization 

13 is established under subsection (a) with respect to a cat14 egory of covered products or beverage containers, the Ad15 ministrator shall, as necessary, establish a process to re16 quire coordination among those Organizations. 

17 ‘‘(e) NONPROFIT STATUS.—Each Organization shall 

18 be— 

19 ‘‘(1) established and operated as an organiza20 tion described in section 501(c)(3) of the Internal 

21 Revenue Code of 1986; and 

22 ‘‘(2) exempt from taxation under 501(a) of that 

23 Code. 

41 

•S 3127 IS

1 ‘‘SEC. 12103. PRODUCT STEWARDSHIP PLANS. 

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

3 the date on which an Organization is approved under sec4 tion 12102(b), the Organization shall develop and submit 

5 to the Administrator a Product Stewardship Plan, to6 gether with a budget, that describes the means by which 

7 the Organization will carry out the responsibilities of the 

8 Organization under this part. 

9 ‘‘(b) REQUIREMENTS.— 

10 ‘‘(1) IN GENERAL.—Each Plan shall include, at 

11 a minimum— 

12 ‘‘(A) contact information for the Organiza13 tion submitting the Plan; 

14 ‘‘(B) a list of participating producers rep15 resented by the Organization, including indi16 vidual contact information for each such pro17 ducer; 

18 ‘‘(C) a description, together with objective 

19 and measurable criteria, to the maximum extent 

20 practicable, of— 

21 ‘‘(i) each category of covered products 

22 or beverage containers covered by the Plan 

23 and the quantity (by number and weight) 

24 of each covered product or beverage con25 tainer in each category; 

42 

•S 3127 IS

1 ‘‘(ii) the means by which the Organi2 zation will— 

3 ‘‘(I) meet the criteria described 

4 in section 12102(b)(3); 

5 ‘‘(II) in an economically efficient 

6 and practical manner, provide for the 

7 necessary infrastructure and viable re8 sponsible end markets based on the 

9 most-recent needs assessment under 

10 section 12107; and 

11 ‘‘(III) use existing collection pro12 grams and reuse, recycling, 

13 composting, sorting, and processing 

14 infrastructure, to the maximum extent 

15 practicable; 

16 ‘‘(iii) a source reduction plan under 

17 section 12105(a); 

18 ‘‘(iv) the means by which each appli19 cable type of covered product or beverage 

20 container will be collected to meet the per21 formance targets described in section 

22 12101(a)(2); 

23 ‘‘(v) consumer education plans in ac24 cordance with section 12111; 

43 

•S 3127 IS

1 ‘‘(vi) a customer service process, such 

2 as a process for answering customer ques3 tions and resolving issues; 

4 ‘‘(vii) sound management practices for 

5 worker health and safety; 

6 ‘‘(viii) the means by which partici7 pating producers will work with, improve, 

8 and fund existing reuse, recycling, 

9 composting, litter cleanup, sorting, and 

10 processing infrastructure; 

11 ‘‘(ix) measures to mitigate fraud; and 

12 ‘‘(x) the means by which participating 

13 producers will consult with the Federal 

14 Government, units of State and local gov15 ernment, and other stakeholders; 

16 ‘‘(D) subject to paragraph (2), a budget 

17 designed to fully fund the costs to carry out 

18 this part, including all costs associated with the 

19 implementation of the Plan, including— 

20 ‘‘(i) reimbursing the Administrator for 

21 costs, as required; 

22 ‘‘(ii) reimbursing members of an advi23 sory committee; 

24 ‘‘(iii) administering the Organization; 

25 ‘‘(iv) investments— 

44 

•S 3127 IS

1 ‘‘(I) identified in the source re2 duction plan or needs assessment; 

3 ‘‘(II) to develop sustainable re4 sponsible end markets for each cov5 ered product or beverage container 

6 category included in the Plan; or 

7 ‘‘(III) otherwise necessary to 

8 meet the criteria described in section 

9 12102(b)(3); and 

10 ‘‘(v) environmental mitigation activi11 ties; 

12 ‘‘(E) a structure and schedule for fees paid 

13 by participating producers in accordance with 

14 section 12104, including the method of calcula15 tion of the fee and a description of the process 

16 by which the Organization shall collect the fee 

17 from those producers; and 

18 ‘‘(F) a closure or transfer plan to settle 

19 the affairs of the Organization that— 

20 ‘‘(i) ensures that participating pro21 ducers will continue to meet the obligations 

22 of the producers in the event of— 

23 ‘‘(I) dissolution of the Organiza24 tion; or 

45 

•S 3127 IS

1 ‘‘(II) revocation of approval by 

2 the Administrator; and 

3 ‘‘(ii) describes a process for notifying 

4 the Administrator, relevant advisory com5 mittees, and relevant contractors of such a 

6 dissolution or revocation. 

7 ‘‘(2) LIMITATIONS ON BUDGET.—An Organiza8 tion may not expend any revenues collected by the 

9 Organization— 

10 ‘‘(A) to pay a civil penalty; 

11 ‘‘(B) to pay costs associated with litigation 

12 between or among producers, the Organization, 

13 or units of government; 

14 ‘‘(C)(i) to provide compensation to a rep15 resentative of the Organization relating to the 

16 passage, defeat, approval, or modification of 

17 proposed Federal, State, or local legislation; or 

18 ‘‘(ii) for any paid advertisement during a 

19 30-day period occurring before or during a Fed20 eral, State, or local legislative session for the 

21 purposes of encouraging the passage, defeat, 

22 approval, or modification of proposed legisla23 tion; or 

46 

•S 3127 IS

1 ‘‘(D) to support or invest in an excluded 

2 recycling technology described in subparagraph 

3 (B) of section 12001(20). 

4 ‘‘(c) APPROVAL.—Not later than 90 days after the 

5 date of receipt of a Plan under subsection (a), the Admin6 istrator shall— 

7 ‘‘(1) approve or disapprove the Plan; and 

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

9 determination of the Administrator under paragraph 

10 (1). 

11 ‘‘(d) IMPLEMENTATION.—An Organization shall com12 mence implementing the Plan of the Organization on the 

13 later of— 

14 ‘‘(1) the date that is 60 days after receiving a 

15 notification of approval of the Plan under subsection 

16 (c)(2); and 

17 ‘‘(2) August 1, 2025. 

18 ‘‘(e) EXPIRATION.—A Plan— 

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

20 after the date on which the Plan is approved under 

21 subsection (c); and 

22 ‘‘(2) may be renewed. 

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

24 revision to a Plan before the expiration of the Plan under 

25 subsection (e)(1) if the Administrator determines that— 

47 

•S 3127 IS

1 ‘‘(1) the performance targets described in sec2 tion 12101(a)(2) are not being met; or 

3 ‘‘(2) a change in circumstances has occurred 

4 that warrants the revision. 

5 ‘‘SEC. 12104. MEMBERSHIP FEES. 

6 ‘‘(a) ESTABLISHMENT.— 

7 ‘‘(1) IN GENERAL.—Each Organization shall es8 tablish a fee for producers participating in the Orga9 nization (referred to in this section as ‘members’) to 

10 ensure that— 

11 ‘‘(A) the requirements of this part are met; 

12 and 

13 ‘‘(B) the Plan of the Organization is com14 pletely implemented. 

15 ‘‘(2) SCHEDULE.—A fee under this subsection 

16 shall be assessed in accordance with a schedule de17 veloped by the applicable Organization under sub18 section (c) to ensure that the budget of the Organi19 zation, as included in the Plan of the Organization, 

20 is fully funded. 

21 ‘‘(3) PROHIBITION.—A fee under this sub22 section shall not be passed on to any consumer as 

23 a separate item on a receipt or invoice. 

24 ‘‘(b) PAYMENT.—Each member of an Organization 

25 shall— 

48 

•S 3127 IS

1 ‘‘(1) pay to the Organization the fee required 

2 under this section; and 

3 ‘‘(2) on request, provide to the Organization 

4 records and other information necessary for the Or5 ganization to meet the requirements under this part. 

6 ‘‘(c) FEE SCHEDULE.— 

7 ‘‘(1) IN GENERAL.—A fee under this section 

8 shall be assessed in accordance with a fee schedule, 

9 which shall include the following: 

10 ‘‘(A) Individual assessments imposed on a 

11 member due to unique characteristics of the 

12 covered products or beverage containers subject 

13 to the responsibility of the member, as de14 scribed in paragraph (2). 

15 ‘‘(B) Any adjustments pursuant to sub16 section (d)(2). 

17 ‘‘(C) Reimbursement to the Administrator 

18 for costs. 

19 ‘‘(D) Reimbursement to a relevant advisory 

20 committee. 

21 ‘‘(E) Fees associated with environmental 

22 mitigation activities under section 12112. 

23 ‘‘(F) The costs of administering the Orga24 nization, including the costs associated with 

49 

•S 3127 IS

1 staff and the development and implementation 

2 of the Plan. 

3 ‘‘(2) FACTORS.—A fee schedule under para4 graph (1) shall be delineated by category of covered 

5 product or beverage container, based on the fol6 lowing factors: 

7 ‘‘(A) The costs to ensure each category 

8 meets the requirements of this part, subject to 

9 the condition that a covered product or bev10 erage container that is easier and less expensive 

11 to reuse, recycle, or compost, or that is de12 signed to be recycled into a similar covered 

13 product, beverage container, or material that is 

14 easier to be composted, shall be subject to lower 

15 fees, including fees that reflect— 

16 ‘‘(i) costs to develop and sustain via17 ble responsible end markets for each cat18 egory; 

19 ‘‘(ii) costs— 

20 ‘‘(I) to collect, sort, avoid, or re21 move contamination; and 

22 ‘‘(II) to aggregate and transport 

23 the covered product or beverage con24 tainer into defined streams to support 

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•S 3127 IS

1 manufacturing of the covered product 

2 or beverage container through— 

3 ‘‘(aa) curbside collection; or 

4 ‘‘(bb) other means; 

5 ‘‘(iii) costs incurred by local govern6 ments or recycling service providers— 

7 ‘‘(I) to process and transport 

8 covered products or beverage con9 tainers in a manner and quality suffi10 cient for acceptance by viable respon11 sible end markets, including costs to 

12 reduce or mitigate the rate of inbound 

13 contamination by noncertified, 

14 compostable products at composting 

15 facilities, which may vary by locality; 

16 ‘‘(II) to carry out waste stream 

17 sampling and reporting activities re18 quired under this part; and 

19 ‘‘(III) to provide to ratepayers in20 formation relating to improving the 

21 preparation and sorting, as needed, of 

22 covered products or beverage con23 tainers; and 

24 ‘‘(iv) other costs necessary to imple25 ment the Plan and achieve compliance with 

51 

•S 3127 IS

1 this part, including ensuring that imple2 mentation avoids or minimizes negative en3 vironmental or public health impacts on 

4 disadvantaged or low-income communities 

5 and rural areas. 

6 ‘‘(B) If recycling or composting of a cov7 ered product or beverage container is made 

8 more difficult by the incorporation of 1 or more 

9 specific elements, including inks, labels, and ad10 hesives, that may be detrimental to recycling or 

11 composting (as determined in accordance with 

12 the design guide of the Association of Plastic 

13 Recyclers or another relevant industry associa14 tion or criteria established by the Adminis15 trator), the fee for that covered product or bev16 erage container shall be sufficient to account 

17 for the increased cost to manage that covered 

18 product or beverage container. 

19 ‘‘(C) The commodity value of the covered 

20 product or beverage container based on an inde21 pendent index or the reported commodity value 

22 of materials of equivalent quality to the covered 

23 product or beverage container. 

52 

•S 3127 IS

1 ‘‘(D) Costs incurred by the Organization to 

2 assist members to meet the source reduction re3 quirements under section 12105. 

4 ‘‘(d) ADJUSTMENTS.— 

5 ‘‘(1) FEE.—The amount of a fee under sub6 section (a) shall be adjusted using malus fees or 

7 credits for members, based on any of the following, 

8 as applicable: 

9 ‘‘(A) The percentage of post-consumer re10 cycled material in the covered products or bev11 erage containers subject to the responsibility of 

12 the member, in a manner that ensures that the 

13 percentage of post-consumer recycled material 

14 shall be validated through an independent third 

15 party approved by the Administrator in order to 

16 ensure that the percentage exceeds the min17 imum requirements for the covered product or 

18 beverage container, subject to the condition that 

19 the recycled content shall not disrupt the poten20 tial for future recycling. 

21 ‘‘(B) Standardization of packaging mate22 rials that simplifies the processing, marketing, 

23 sorting, and recycling or composting of covered 

24 products or beverage containers. 

53 

•S 3127 IS

1 ‘‘(C) Any actions carried out by the mem2 ber to accelerate source reduction and invest in 

3 sustained and robust reuse and refill systems 

4 beyond the actions required under section 

5 12105. 

6 ‘‘(D) Certified compostable covered prod7 ucts or beverage containers that do not contain 

8 toxic substances shall be subject to a reduced 

9 fee, as determined by the Organization. 

10 ‘‘(2) SCHEDULE.—An Organization shall adjust 

11 the fee schedule under subsection (c)— 

12 ‘‘(A) not less frequently than once each 

13 year; or 

14 ‘‘(B) more frequently as necessary to meet 

15 the budget of the Organization, as described in 

16 the Plan. 

17 ‘‘SEC. 12105. SINGLE-USE PLASTIC SOURCE REDUCTION RE18 QUIREMENTS. 

19 ‘‘(a) SOURCE REDUCTION TARGETS.—Each Organi20 zation shall develop and implement a source reduction 

21 plan to achieve the following targets for single-use plastic 

22 covered products and beverage containers: 

23 ‘‘(1) Not later than January 1, 2032, a source 

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54 

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1 nization determined under subsection (b), of not less 

2 than— 

3 ‘‘(A) 25 percent, by weight; and 

4 ‘‘(B) 25 percent, by plastic component. 

5 ‘‘(2) Not later than January 1, 2040, a source 

6 reduction, as compared to the baseline of the Orga7 nization determined under subsection (b), of not less 

8 than— 

9 ‘‘(A) 40 percent, by weight; and 

10 ‘‘(B) 40 percent, by plastic component. 

11 ‘‘(3) Not later than January 1, 2050, a source 

12 reduction, as compared to the baseline of the Orga13 nization determined under subsection (b), of not less 

14 than— 

15 ‘‘(A) 50 percent, by weight; and 

16 ‘‘(B) 50 percent, by plastic component. 

17 ‘‘(b) BASELINES.—Not later than January 1, 2026, 

18 the Administrator shall establish a baseline for purposes 

19 of the source reduction requirements under subsection (a), 

20 taking into consideration the quantity of single-use plastic 

21 covered products and beverage containers (by weight and 

22 number of plastic components) sold, offered for sale, or 

23 distributed in the United States during calendar year 

24 2024. 

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1 ‘‘(c) DATA.—Together with any Plan, update or revi2 sion to a Plan, or annual report, each Organization shall 

3 submit to the Administrator the following data, 

4 disaggregated by participating producer, with respect to 

5 the period covered by the Plan, update, revision, or report: 

6 ‘‘(1) The quantity of plastic covered products 

7 and beverage containers sold, offered for sale, or dis8 tributed in the United States, including the number 

9 of plastic components and weight of the plastic cov10 ered products and beverage containers. 

11 ‘‘(2) The number of plastic components and 

12 weight of plastic covered products and beverage con13 tainers shifted to refillable or reusable packaging or 

14 food service products. 

15 ‘‘(3) The number of plastic components and 

16 weight of plastic covered products and beverage con17 tainers eliminated. 

18 ‘‘(4) The number of plastic components and 

19 weight of plastic covered products and beverage con20 tainers shifted from plastic covered products or bev21 erage containers to nonplastic covered products or 

22 beverage containers. 

23 ‘‘(5) The number of plastic components and 

24 weight of plastic covered products and beverage con25 tainers reduced through concentration, right-sizing, 

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1 and shifting to bulk or large-format packaging that 

2 allows consumers to refill residential or commercial 

3 reusable containers. 

4 ‘‘(d) EVALUATIONS.— 

5 ‘‘(1) IN GENERAL.—Not later than December 

6 31, 2048, and not less frequently than once every 5 

7 years thereafter, the Administrator shall conduct an 

8 evaluation of plastic covered products and beverage 

9 containers subject to this section to determine 

10 whether actions to achieve greater source reductions 

11 are necessary. 

12 ‘‘(2) REGULATIONS.—If the number of plastic 

13 components or weight of plastic covered products or 

14 beverage containers has increased during the period 

15 covered by an evaluation under paragraph (1), the 

16 Administrator shall promulgate regulations to re17 quire the applicable Organizations to increase rates 

18 of source reduction by— 

19 ‘‘(A) shifting plastic covered products or 

20 beverage containers to reusable or refillable 

21 packaging or food service products; or 

22 ‘‘(B) eliminating plastic components. 

23 ‘‘SEC. 12106. ADVISORY COMMITTEES. 

24 ‘‘(a) ESTABLISHMENT.—The Administrator shall es25 tablish 1 or more advisory committees that reflect a range 

57 

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1 of interested and engaged stakeholders representing the 

2 entire supply chain of covered products and beverage con3 tainers, including— 

4 ‘‘(1) collection service providers; 

5 ‘‘(2) cleanup service providers; 

6 ‘‘(3) recyclers; 

7 ‘‘(4) composters; and 

8 ‘‘(5) government entities. 

9 ‘‘(b) COMPOSITION.— 

10 ‘‘(1) IN GENERAL.—At a minimum, an advisory 

11 committee shall include representatives of— 

12 ‘‘(A) producers, including trade associa13 tions; 

14 ‘‘(B) States; 

15 ‘‘(C) metropolitan areas, including— 

16 ‘‘(i) small and large metropolitan 

17 areas; and 

18 ‘‘(ii) metropolitan areas located in 

19 urban and rural areas; 

20 ‘‘(D) counties (or equivalent jurisdictions), 

21 including— 

22 ‘‘(i) small and large counties; and 

23 ‘‘(ii) urban and rural counties; 

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1 ‘‘(E) public sector recycling, composting, 

2 and solid waste industries for the applicable 

3 type of covered product or beverage container; 

4 ‘‘(F) private sector recycling, composting, 

5 and solid waste industries for the applicable 

6 type of covered product or beverage container; 

7 ‘‘(G) recycled feedstock users for the appli8 cable type of covered product or beverage con9 tainer; 

10 ‘‘(H) environmental organizations; 

11 ‘‘(I) environmental justice organizations; 

12 ‘‘(J) disability advocates; 

13 ‘‘(K) reuse and refill system experts or op14 erators; 

15 ‘‘(L) Indian Tribes; and 

16 ‘‘(M) environmental and human health sci17 entists. 

18 ‘‘(2) REQUIREMENTS.— 

19 ‘‘(A) IN GENERAL.—Each individual serv20 ing on an advisory committee may represent 

21 only 1 category described in subparagraphs (A) 

22 through (M) of paragraph (1). 

23 ‘‘(B) DISPROPORTIONATE REPRESENTA24 TION.—The Administrator shall ensure that no 

25 category described in subparagraphs (A) 

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1 through (M) of paragraph (1) has dispropor2 tionate representation on an advisory com3 mittee. 

4 ‘‘(3) DATE OF APPOINTMENT.—The Adminis5 trator shall appoint all members to each advisory 

6 committee established under this section not later 

7 than July 1, 2025. 

8 ‘‘(4) TERM.—The Administrator— 

9 ‘‘(A) shall appoint the members of an advi10 sory committee for staggered 3-year terms; and 

11 ‘‘(B) may reappoint such a member for 1 

12 or more additional terms. 

13 ‘‘(5) CHAIRPERSON.—At the initial meeting of 

14 an advisory committee, the advisory committee shall 

15 elect a chairperson, who— 

16 ‘‘(A) shall serve as chairperson for 1 year; 

17 and 

18 ‘‘(B) may be reelected as chairperson. 

19 ‘‘(c) DUTIES.—An advisory committee shall— 

20 ‘‘(1) oversee 1 or more Organizations assigned 

21 to the advisory committee by the Administrator; 

22 ‘‘(2) review the Plan, and any revisions to the 

23 Plan, of each such Organization; 

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1 ‘‘(3) submit to the applicable Organization a re2 port describing the results of the review under para3 graph (2); and 

4 ‘‘(4) submit to the applicable Organization and 

5 the Administrator any reports, recommendations, or 

6 objections of the advisory committee relating to a 

7 Plan, fee structure, or other activities of an Organi8 zation. 

9 ‘‘(d) EXPENSES.— 

10 ‘‘(1) IN GENERAL.—Each Organization over11 seen by an advisory committee shall reimburse mem12 bers of the advisory committee who are representa13 tives of community groups, Indian Tribes, State and 

14 local governments, or nonprofit organizations for ex15 penses relating to participation on the advisory com16 mittee. 

17 ‘‘(2) OTHER MEMBERS.—A member of an advi18 sory committee not described in paragraph (1) may 

19 be compensated by the applicable Organization for 

20 travel expenses as necessary to ensure the ability of 

21 the member to participate on the advisory com22 mittee. 

23 ‘‘(3) TRANSLATION SERVICES.—The Organiza24 tions overseen by an advisory committee shall be fi25 nancially responsible for providing to the advisory 

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1 committee professional language interpretation for 

2 oral communications, and translation for written 

3 documents and notices, in any language spoken by 

4 more than 5 percent of the population residing with5 in a community served by the advisory committee. 

6 ‘‘SEC. 12107. REDUCTION, REUSE, AND RECYCLING NEEDS 

7 ASSESSMENT. 

8 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

9 date of enactment of this subtitle, and not less frequently 

10 than once every 5 years thereafter, the Administrator shall 

11 select, and enter into a contract with, a qualified consult12 ant (as determined by the Administrator) under which the 

13 qualified consultant shall conduct a packaging reduction, 

14 reuse, and recycling needs assessment (referred to in this 

15 section as an ‘assessment’), in accordance with this sec16 tion— 

17 ‘‘(1) to identify barriers to, and opportunities 

18 for, reducing, reusing, and recycling covered prod19 ucts and beverage containers; and 

20 ‘‘(2) to inform Plans and budgets of Organiza21 tions to support the Organizations in achieving com22 pliance with this part. 

23 ‘‘(b) PROPOSALS.— 

24 ‘‘(1) IN GENERAL.—Subject to applicable Fed25 eral competitive bidding requirements, the AdminisVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
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1 trator shall solicit from qualified consultants pro2 posals to enter into a contract with the Adminis3 trator to conduct each assessment. 

4 ‘‘(2) REQUIREMENTS.—A proposal to enter into 

5 a contract under paragraph (1) shall include, with 

6 respect to the period covered by the proposed con7 tract, a description of the means by which the appli8 cable qualified consultant will conduct the assess9 ment with respect to each element described in sub10 section (c)(1). 

11 ‘‘(3) FAILURE TO SELECT.—If the Adminis12 trator fails to select a qualified consultant to con13 duct an assessment, including due to a determina14 tion that no qualified consultant has submitted a 

15 proposal that meets the requirements of this sub16 section, by the applicable date described in sub17 section (a), the Administrator shall designate an ap18 propriate Federal department or agency to conduct 

19 the assessment. 

20 ‘‘(c) REQUIREMENTS.— 

21 ‘‘(1) ELEMENTS.—Each assessment shall evalu22 ate, with respect to the period covered by the assess23 ment— 

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1 ‘‘(A) the current recycling, composting, 

2 and reuse rate for each type of covered product 

3 and beverage container; 

4 ‘‘(B) the processing capacity, market con5 ditions, and opportunities for recyclable covered 

6 products and beverage containers nationally, re7 gionally, and locally; 

8 ‘‘(C) funding needs and actions necessary 

9 to achieve the requirements of this part, includ10 ing payments to recyclers, market incentive 

11 payments, and other payments; 

12 ‘‘(D) barriers affecting covered product 

13 and beverage container recycling access and 

14 availability, and necessary actions and invest15 ments to overcome those barriers; 

16 ‘‘(E) the availability, or lack of availability, 

17 of markets for recycled covered products and 

18 beverage containers, the need to incentivize re19 cycled or composted materials market develop20 ment, and the associated investments and ac21 tions required to ensure that covered products 

22 and beverage containers— 

23 ‘‘(i) are recycled or composted; and 

24 ‘‘(ii) have viable and sufficient respon25 sible end markets; 

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•S 3127 IS

1 ‘‘(F) opportunities for, and barriers to, the 

2 creation of reuse and refill systems for covered 

3 products and beverage containers; 

4 ‘‘(G) opportunities for the improvement of 

5 recycling of covered products and beverage con6 tainers, including the development of respon7 sible end markets for recycled covered products 

8 and beverage containers; 

9 ‘‘(H) consumer education needs with re10 spect to source reduction, recycling, and reduc11 ing contamination in recycling and reuse and 

12 refill systems; 

13 ‘‘(I) the needs associated with shifting 

14 packaging or food service products from a cov15 ered product category that is unlikely to develop 

16 sustained viable responsible end markets to a 

17 covered product category that has a viable re18 sponsible end market or is likely to develop a 

19 sustained viable responsible end market; 

20 ‘‘(J) funding required to implement the 

21 source reduction requirements under section 

22 12105, including investments needed— 

23 ‘‘(i) to develop reuse and refill system 

24 infrastructure; and 

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1 ‘‘(ii) to provide to consumers conven2 ient access to that infrastructure to expand 

3 and market the use of reusable and refill4 able covered products and beverage con5 tainers; and 

6 ‘‘(K) infrastructure and activities re7 quired— 

8 ‘‘(i) to implement a source reduction 

9 plan under section 12105(a), including in10 vestments in reuse, refill, and composting 

11 infrastructure; 

12 ‘‘(ii) to achieve recycling and 

13 composting rates for all covered products 

14 and beverage containers covered by the 

15 source reduction plan; and 

16 ‘‘(iii) to ensure covered products and 

17 beverage containers are recyclable or 

18 compostable. 

19 ‘‘(2) DEADLINES.—An assessment shall be sub20 mitted to the Administrator— 

21 ‘‘(A) for the initial assessment, not later 

22 than 2 years after the date of enactment of this 

23 subtitle; and 

24 ‘‘(B) for each subsequent assessment, not 

25 later than 5 years after the date on which the 

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1 previous assessment was submitted to the Ad2 ministrator. 

3 ‘‘(3) COST.—The cost of an assessment shall be 

4 paid by the Organizations responsible for the cov5 ered products or beverage containers investigated as 

6 part of the assessment, in such amounts and in ac7 cordance with such procedures as the Administrator 

8 may establish, by regulation. 

9 ‘‘(d) REPORTS.—Not later than 180 days after the 

10 date of receipt of an assessment, the Administrator shall 

11 submit to Congress and each affected Organization, and 

12 publish on the website of the Administrator, a report that 

13 contains— 

14 ‘‘(1) a summary of the assessment; and 

15 ‘‘(2) a copy of the assessment, including all 

16 data on which the assessment is based. 

17 ‘‘SEC. 12108. NATIONAL BEVERAGE CONTAINER PROGRAM. 

18 ‘‘(a) RESPONSIBILITIES OF PRODUCERS.— 

19 ‘‘(1) IN GENERAL.—Each producer of beverage 

20 containers shall— 

21 ‘‘(A) on delivery, charge to the retailer to 

22 which the beverage container is delivered a de23 posit in the amount of the applicable refund 

24 value described in subsection (c); and 

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1 ‘‘(B) on redemption of an empty beverage 

2 container by a retailer, pay to the retailer a re3 fund in the amount of the applicable refund 

4 value described in subsection (c). 

5 ‘‘(2) USE OF DEPOSITS FROM UNREDEEMED

6 BEVERAGE CONTAINERS.—A producer shall use any 

7 amounts received as deposits under paragraph 

8 (1)(A) for which an empty beverage container is not 

9 redeemed for investment in collection, recycling, and 

10 reuse infrastructure. 

11 ‘‘(b) RESPONSIBILITIES OF RETAILERS.— 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), each retailer of beverage containers 

14 shall— 

15 ‘‘(A) at the time of sale, charge to the cus16 tomer to which the beverage container is sold a 

17 deposit in the amount of the applicable refund 

18 value described in subsection (c); 

19 ‘‘(B) on redemption of an empty beverage 

20 container by a customer, pay to the customer a 

21 refund in the amount of the applicable refund 

22 value described in subsection (c); 

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

24 a refund under subparagraph (B)— 

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1 ‘‘(i) during any period that the re2 tailer is open for business; and 

3 ‘‘(ii) regardless of whether the specific 

4 beverage container was sold by the retailer; 

5 and 

6 ‘‘(D) in the case of a retailer the premises 

7 of which is not less than 5,000 square feet, ac8 cept any brand and size of beverage container 

9 and pay a refund under subparagraph (B) for 

10 the beverage container, regardless of whether 

11 the retailer sells that brand or size of beverage 

12 container. 

13 ‘‘(2) EXCEPTIONS.— 

14 ‘‘(A) DIRTY OR DAMAGED.—A retailer de15 scribed in paragraph (1) may refuse to accept 

16 a beverage container and pay a refund under 

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

18 ‘‘(i) visibly contains, or is contami19 nated by, a substance other than— 

20 ‘‘(I) water; 

21 ‘‘(II) residue of the original con22 tents; or 

23 ‘‘(III) ordinary dust; or 

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•S 3127 IS

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

2 refund label appearing on the beverage 

3 container cannot be identified. 

4 ‘‘(B) QUANTITY LIMITATION.— 

5 ‘‘(i) LARGE RETAILERS.—A retailer 

6 described in paragraph (1)(D) may refuse 

7 to accept and pay a refund under para8 graph (1)(B) for more than 250 beverage 

9 containers per customer per day. 

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

11 the premises of which is less than 5,000 

12 square feet may refuse to accept and pay 

13 a refund under paragraph (1)(B) for more 

14 than 50 beverage containers per customer 

15 per day. 

16 ‘‘(C) BRAND AND SIZE.—A retailer de17 scribed in subparagraph (B)(ii) may refuse to 

18 accept and pay a refund under paragraph 

19 (1)(B) for a brand or size of beverage container 

20 that the retailer does not sell. 

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

22 in paragraph (1) that is a restaurant may 

23 refuse to accept and pay a refund under para24 graph (1)(B) for a beverage container that the 

25 retailer did not sell. 

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1 ‘‘(E) OTHER MEANS OF RETURN.—The 

2 Administrator may permit the establishment of 

3 convenience zones under which each retailer 

4 within a convenience zone shall be exempt from 

5 the requirements of this subsection if the Ad6 ministrator determines that the retailer— 

7 ‘‘(i) is located within close proximity 

8 to a redemption center; and 

9 ‘‘(ii) shares the cost of the operation 

10 of that redemption center with the applica11 ble producer. 

12 ‘‘(c) APPLICABLE REFUND VALUE.— 

13 ‘‘(1) IN GENERAL.—The refund value referred 

14 to in subsections (a) and (b) shall be established by 

15 the Administrator, subject to the condition that the 

16 value shall be not less than $0.10. 

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

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

19 subtitle, the Administrator may— 

20 ‘‘(A) increase the refund value under para21 graph (1) to account for— 

22 ‘‘(i) inflation; and 

23 ‘‘(ii) other factors, such as a failure to 

24 meet performance targets described in sec25 tion 12105(a); or 

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1 ‘‘(B) decrease the refund value under para2 graph (1) to account for beverage containers 

3 that— 

4 ‘‘(i) are specifically designed to be re5 usable or refillable; and 

6 ‘‘(ii) have a high reuse and refill rate. 

7 ‘‘(3) DISCRETIONARY INCREASES.—A producer 

8 of a beverage container, or a State, may require a 

9 refund value that is more than the applicable refund 

10 value established under this subsection. 

11 ‘‘(d) LABELING.—Each producer of beverage con12 tainers sold in the United States shall ensure that the 

13 label of each such beverage container includes a standard14 ized, clearly visible description of the applicable refund 

15 value under this section. 

16 ‘‘(e) RESPONSIBILITIES OF ORGANIZATIONS.— 

17 ‘‘(1) COLLECTION AND STORAGE.—An Organi18 zation of producers of beverage containers shall fa19 cilitate the collection and storage of beverage con20 tainers that are returned to retailers under this sec21 tion by providing storage or other means to collect 

22 the beverage containers until collection for recycling, 

23 such as reverse vending machines or other options 

24 that are convenient for consumers. 

25 ‘‘(2) REDEMPTION CENTERS.— 

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

2 producers of beverage containers shall establish 

3 and operate redemption centers to accept bev4 erage containers from consumers. 

5 ‘‘(B) REQUIREMENTS.—A redemption cen6 ter shall— 

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

8 public— 

9 ‘‘(I) each day, other than a Fed10 eral or local holiday; and 

11 ‘‘(II) for not fewer than 10 hours 

12 each day; 

13 ‘‘(ii) accept— 

14 ‘‘(I) any beverage container; and 

15 ‘‘(II) up to 350 beverage con16 tainers per person per day; and 

17 ‘‘(iii) provide— 

18 ‘‘(I) hand or automated counts 

19 conducted by staff of the redemption 

20 center; 

21 ‘‘(II) a drop door for consumers 

22 to deposit containers of mixed bev23 erage containers for staff of the re24 demption center to count, for which 

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1 the redemption center may collect a 

2 convenience fee; or 

3 ‘‘(III) any other convenient 

4 means of receiving and counting bev5 erage containers, as determined by the 

6 Administrator. 

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

8 may pay to an entity that collects curbside recycling 

9 an amount equal to the applicable refund value 

10 under subsection (c) for beverage containers col11 lected by the entity based on weight or another 

12 measurement that approximates the amount of the 

13 refunds, as negotiated by the Organization and the 

14 entity. 

15 ‘‘(f) EXCLUDED STATES.— 

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

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

18 that— 

19 ‘‘(A) has in effect, before the date of en20 actment of this subtitle, a beverage container 

21 law the requirements of which are substantially 

22 similar to the requirements relating to beverage 

23 containers under this part, as determined by 

24 the Administrator; and 

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1 ‘‘(B) enacts legislation after the date of en2 actment of this subtitle to update the law de3 scribed in subparagraph (A) to be consistent 

4 with the refund values under, and beverage con5 tainers covered by, this part. 

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

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

8 the eligible State by a producer, retailer, or Organi9 zation shall be considered to be compliance with this 

10 section. 

11 ‘‘(3) CONFORMITY.—Each eligible State is en12 couraged to negotiate with relevant Organizations 

13 with respect to updated features of the beverage con14 tainer-related laws of the eligible State, such as 

15 sharing new revenue from increased deposits. 

16 ‘‘SEC. 12109. ELIMINATION OF TOXIC SUBSTANCES IN BEV17 ERAGE CONTAINERS AND POST-CONSUMER 

18 RECYCLED MATERIAL. 

19 ‘‘(a) PROHIBITION.—Effective beginning on the date 

20 that is 2 years after the date of enactment of this subtitle, 

21 no retailer may sell, offer for sale, or distribute any single22 use beverage container that— 

23 ‘‘(1) is composed wholly or partially of poly24 ethylene terephthalate; 

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•S 3127 IS

1 ‘‘(2) is opaque or pigmented a color other than 

2 transparent blue or transparent green; 

3 ‘‘(3) contains polyethylene glycol; or 

4 ‘‘(4) contains a toxic substance. 

5 ‘‘(b) REQUIREMENTS FOR CONTAINING RECYCLED

6 CONTENT.—The Administrator shall require each pro7 ducer of plastic beverage containers to ensure that the 

8 plastic beverage containers are composed of— 

9 ‘‘(1) by January 1, 2025, not less than 15 per10 cent post-consumer recycled material from United 

11 States sources; 

12 ‘‘(2) by January 1, 2030, not less than 30 per13 cent post-consumer recycled material from United 

14 States sources; 

15 ‘‘(3) by January 1, 2035, not less than 45 per16 cent post-consumer recycled material from United 

17 States sources; 

18 ‘‘(4) by January 1, 2040, not less than 60 per19 cent post-consumer recycled material from United 

20 States sources; and 

21 ‘‘(5) by such dates thereafter as the Adminis22 trator shall establish, such percentage of post-con23 sumer recycled material from United States sources 

24 as the Administrator determines to be appropriate, 

25 by regulation. 

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•S 3127 IS

1 ‘‘(c) PENALTY.— 

2 ‘‘(1) IN GENERAL.—A retailer or producer that 

3 violates a prohibition under subsection (a) or (b), re4 spectively, shall be subject to a fine for each viola5 tion. 

6 ‘‘(2) TREATMENT OF PRODUCT LINES.—For 

7 purposes of this section, each product line of bev8 erage containers shall be considered to be a separate 

9 violation of this section if any beverage container in10 cluded in the product line is a beverage container de11 scribed in subsection (a). 

12 ‘‘(3) MAXIMUM AMOUNT.—The amount of a 

13 fine under this subsection shall be not more than 

14 $50,000 per violation. 

15 ‘‘SEC. 12110. REPORTING AND AUDITING. 

16 ‘‘(a) IN GENERAL.—Not less frequently than annu17 ally, each Organization shall prepare and publish on a 

18 publicly available website a report that includes— 

19 ‘‘(1) with respect to the covered products or 

20 beverage containers sold or imported by any member 

21 of the Organization, a description of, at a min22 imum— 

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

24 beverage containers sold or imported and col25 lected (by submaterial type and State) for— 

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•S 3127 IS

1 ‘‘(i) the calendar year covered by the 

2 report; and 

3 ‘‘(ii) each preceding calendar year; 

4 ‘‘(B) management of those covered prod5 ucts or beverage containers, including recycling 

6 rates (by submaterial type), for— 

7 ‘‘(i) the calendar year covered by the 

8 report; and 

9 ‘‘(ii) each preceding calendar year; 

10 ‘‘(C) data relating to the final destination 

11 and quantity of reclaimed covered products or 

12 beverage containers (by submaterial type), in13 cluding the form of any covered products or 

14 beverage containers exported; 

15 ‘‘(D) contamination in the recycling stream 

16 of the covered products or beverage containers; 

17 ‘‘(E) relevant collection service vendors 

18 and collection locations, including— 

19 ‘‘(i) the geographical distribution of 

20 collection; 

21 ‘‘(ii) the proximity of those vendors 

22 and locations to population centers; 

23 ‘‘(iii) hours of operation; 

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•S 3127 IS

1 ‘‘(iv) actions taken to reduce barriers 

2 to collection by expanding curbside collec3 tion or facilitating drop-offs; and 

4 ‘‘(v) frequency of collection avail5 ability; 

6 ‘‘(F) progress made toward achieving com7 pliance with the requirements of this part, in8 cluding the quantity of covered products or bev9 erage containers that have been source-reduced 

10 through elimination or replacement by reusable 

11 covered products or beverage containers (by 

12 submaterial type and State), for— 

13 ‘‘(i) the calendar year covered by the 

14 report; and 

15 ‘‘(ii) each preceding calendar year for 

16 which a report under this subsection was 

17 prepared; and 

18 ‘‘(G) additional efforts to reduce environ19 mental impacts, including greenhouse gas emis20 sions, at each lifecycle stage of the covered 

21 products or beverage containers; and 

22 ‘‘(2) the budget of the Organization; 

23 ‘‘(3) a description of any outreach and edu24 cation efforts under section 12111 conducted during 

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1 the calendar year covered by the report, including 

2 the results of those efforts; 

3 ‘‘(4) a description of any customer service ef4 forts conducted during the calendar year covered by 

5 the report, including the results of those efforts; 

6 ‘‘(5) the status of packaging innovation and de7 sign characteristics implemented to prevent littering, 

8 make covered products or beverage containers reus9 able or refillable, or reduce overall covered product 

10 and beverage container waste; and 

11 ‘‘(6) any other information that the Adminis12 trator determines to be appropriate. 

13 ‘‘(b) CONSISTENCY.—Organizations shall coordinate 

14 reporting under subsection (a), to the maximum extent 

15 practicable, to provide for consistency of information 

16 across a category of covered products or beverage con17 tainers. 

18 ‘‘(c) AUDITS.—Not less frequently than once every 2 

19 years, the Administrator shall conduct an audit of— 

20 ‘‘(1) collection and recycling of covered prod21 ucts and beverage containers under this part to pro22 vide an accounting of any collection or recycling ef23 forts that are not conducted by a producer or an Or24 ganization; and 

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•S 3127 IS

1 ‘‘(2) covered products and beverage containers 

2 of brand names found in litter to provide for an ac3 counting of covered products, beverage containers, 

4 and other litter that continues to create pollution. 

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

6 Not later than February 1, 2027, and annually thereafter, 

7 the Administrator shall prepare and make publicly avail8 able a report describing— 

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

10 units of State and local government for the manage11 ment and cleanup of covered products and beverage 

12 containers; and 

13 ‘‘(2) any reductions in State or local taxes as 

14 a result of a reduction in costs described in para15 graph (1). 

16 ‘‘SEC. 12111. PUBLIC OUTREACH AND EDUCATION. 

17 ‘‘(a) IN GENERAL.—Each Organization shall conduct 

18 public outreach activities to provide to consumers edu19 cational and informational materials relating to the quan20 tity of covered products and beverage containers recycled, 

21 reducing the quantity of covered products and beverage 

22 containers discarded, and participating in reuse and refill 

23 systems, including, at a minimum— 

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

25 products and beverage containers; 

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

2 and drop-off collection opportunities; 

3 ‘‘(3) the location and availability of reuse and 

4 refill systems; 

5 ‘‘(4) methods to prevent litter of covered prod6 ucts and beverage containers; and 

7 ‘‘(5) reuse, recycling, and composting instruc8 tions that are— 

9 ‘‘(A) consistent with the recycling and 

10 composting receptacle labeling requirements 

11 under section 12225; 

12 ‘‘(B) consistent nationwide, except as nec13 essary to take into account differences among 

14 State and local laws; 

15 ‘‘(C) easy to understand; and 

16 ‘‘(D) easily accessible, including availability 

17 in multiple languages to reach a diverse ethnic 

18 population. 

19 ‘‘(b) REQUIREMENTS.—The public outreach and edu20 cation activities under this section shall— 

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

22 goals for covered products and beverage containers 

23 under this part, including the prevention of contami24 nation by covered products and beverage containers 

25 in other management systems or other materials; 

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1 ‘‘(2) use all available forms of media, including 

2 television, radio, print, electronic, and web-based 

3 media, to provide information directly to consumers, 

4 in multiple languages; 

5 ‘‘(3) be coordinated with units of local govern6 ment to incorporate electronic, print, web-based, and 

7 social media elements that a local government may 

8 elect to use to provide education directly to resi9 dents; 

10 ‘‘(4) be provided to producers for inclusion on 

11 packaging labels to inform consumers regarding 

12 methods to responsibly reuse, recycle, or dispose of 

13 the packaging; and 

14 ‘‘(5) be coordinated with other Organizations, 

15 as applicable— 

16 ‘‘(A) to avoid consumer confusion; and 

17 ‘‘(B) to facilitate the consolidation of avail18 able resources. 

19 ‘‘(c) ADDITIONAL EDUCATIONAL MATERIALS.—In 

20 addition to public outreach and education activities under 

21 this section, an Organization may provide to producers 

22 and retailers educational materials relating to the respon23 sible reduction, reuse, recycling, or composting of covered 

24 products and beverage containers through— 

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•S 3127 IS

1 ‘‘(1) printed materials, signage, and templates 

2 of materials that can be reproduced by retailers and 

3 provided to consumers at the time of purchase; and 

4 ‘‘(2) advertising materials that promote and en5 courage the proper reuse, recycling, and disposal of 

6 covered products and beverage containers. 

7 ‘‘SEC. 12112. REDUCTION AND LITTER CLEANUP TRUST 

8 FUND. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) RESIN MAKER.—The term ‘resin maker’ 

11 means an entity that— 

12 ‘‘(A) transforms petrochemical gas and liq13 uids into ethylene and propylene for later con14 version into plastic polymers; 

15 ‘‘(B) transforms ethylene and propylene 

16 into any other chemical for later conversion into 

17 plastic polymers; or 

18 ‘‘(C) polymerizes petrochemical feedstocks, 

19 including ethylene, ethylene glycol, terephthalic 

20 acid, propylene, vinyl chloride, styrene, phenol, 

21 formaldehyde, and acetonitrile, into polymers. 

22 ‘‘(2) TRUST FUND.—The term ‘Trust Fund’ 

23 means the Reduction and Litter Cleanup Trust 

24 Fund established by subsection (b). 

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•S 3127 IS

1 ‘‘(b) ESTABLISHMENT.—There is established in the 

2 Treasury of the United States a trust fund, to be known 

3 as the ‘Reduction and Litter Cleanup Trust Fund’, to be 

4 administered by the Administrator. 

5 ‘‘(c) AMOUNTS.—The Trust Fund shall consist of 

6 such amounts as are deposited in the Trust Fund under 

7 subsection (d)(2). 

8 ‘‘(d) FEES; DEPOSITS.— 

9 ‘‘(1) FEES.— 

10 ‘‘(A) IN GENERAL.—In accordance with 

11 such formulas and procedures as the Adminis12 trator may establish, the Administrator, in con13 sultation with the Secretary of the Treasury, 

14 shall assess against— 

15 ‘‘(i) each producer an annual fee 

16 based on the quantity of plastic covered 

17 products or beverage containers manufac18 tured, distributed, sold, or imported by the 

19 producer during the preceding calendar 

20 year; and 

21 ‘‘(ii) each resin maker an annual fee 

22 based on the quantity of plastic resin or 

23 plastic resin feedstocks manufactured, dis24 tributed, sold, or imported by the resin 

25 maker during the preceding calendar year. 

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•S 3127 IS

1 ‘‘(B) METHOD OF PAYMENT.—A producer 

2 or resin maker may pay a fee assessed under 

3 subparagraph (A)— 

4 ‘‘(i) individually; or 

5 ‘‘(ii) through the applicable Organiza6 tion of which the producer or resin maker 

7 is a member. 

8 ‘‘(2) DEPOSITS.—The following amounts shall 

9 be deposited in the Trust Fund: 

10 ‘‘(A) An amount equal to the amounts col11 lected as fees under paragraph (1). 

12 ‘‘(B) An amount equal to the amounts col13 lected as fines under sections 12101(c)(2), 

14 12109(c), 12113(c), and 12114(d). 

15 ‘‘(C) Any late payments, interest, and such 

16 other amounts authorized to be collected pursu17 ant to section 3717 of title 31, United States 

18 Code, relating to a fee or fine described in sub19 paragraph (A) or (B). 

20 ‘‘(e) AVAILABILITY.—Amounts in the Trust Fund 

21 shall— 

22 ‘‘(1) only be available to the extent and in the 

23 amount provided in advance in appropriations Acts; 

24 ‘‘(2) be used for the costs of carrying out this 

25 part, in accordance with subsection (f); and 

86 

•S 3127 IS

1 ‘‘(3) remain available until expended. 

2 ‘‘(f) EXPENDITURES FROM TRUST FUND.— 

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

4 the Administrator shall use amounts in the Trust 

5 Fund to make grants for activities relating to— 

6 ‘‘(A) reuse and refill infrastructure; 

7 ‘‘(B) litter cleanup; and 

8 ‘‘(C) environmental remediation. 

9 ‘‘(2) ALLOCATION.—Of the amounts in the 

10 Trust Fund, the Administrator shall ensure that, for 

11 each fiscal year— 

12 ‘‘(A) not less than 40 percent is used for 

13 environmental remediation, of which not less 

14 than 50 percent shall be used to carry out 

15 projects that primarily benefit environmental 

16 justice communities; and 

17 ‘‘(B) not less than 60 percent is used to 

18 mitigate historic and continued impacts on envi19 ronmental justice communities, of which not 

20 less than 75 percent shall be used to directly 

21 and primarily benefit environmental justice 

22 communities. 

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•S 3127 IS

1 ‘‘SEC. 12113. PROHIBITION ON CERTAIN TOXIC SUB2 STANCES AND MATERIALS. 

3 ‘‘(a) PROHIBITION.—Effective beginning on the date 

4 that is 4 years after the date of enactment of this subtitle, 

5 no producer may sell, offer for sale, or distribute in the 

6 United States— 

7 ‘‘(1) any packaging that contains a toxic sub8 stance; or 

9 ‘‘(2) any prohibited plastic packaging. 

10 ‘‘(b) DESIGNATION OF NEW TOXIC SUBSTANCES.— 

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

12 after the date on which the Administrator designates 

13 a substance, mixture, or compound as a toxic sub14 stance, the Administrator shall promulgate regula15 tions to prohibit that toxic substance in packaging. 

16 ‘‘(2) EFFECTIVE DATE.—The effective date of 

17 regulations promulgated pursuant to paragraph (1) 

18 relating to a toxic substance shall be not later than 

19 2 years after the date of designation of the toxic 

20 substance under that paragraph. 

21 ‘‘(c) PENALTY.— 

22 ‘‘(1) IN GENERAL.—A producer that violates 

23 this section shall be subject to a fine for each viola24 tion. 

25 ‘‘(2) TREATMENT OF PRODUCT LINES.—For 

26 purposes of this subsection, each product line sold, 

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•S 3127 IS

1 offered for sale, or distributed to consumers by a 

2 producer shall be considered to be a separate viola3 tion of this section. 

4 ‘‘(3) MAXIMUM AMOUNT.—The amount of a 

5 fine under this subsection shall be not more than 

6 $50,000 per violation. 

7 ‘‘SEC. 12114. ENFORCEMENT. 

8 ‘‘(a) IN GENERAL.—The Inspector General of the 

9 Environmental Protection Agency, in consultation with 

10 the Administrator and the Attorney General (referred to 

11 in this section as the ‘Inspector General’)— 

12 ‘‘(1) shall evaluate each Organization not less 

13 frequently than annually to ensure that— 

14 ‘‘(A) the Organization is implementing the 

15 Plan of the Organization in a manner that 

16 meets the requirements of this part; and 

17 ‘‘(B) each producer participating in the 

18 Organization is in compliance with the applica19 ble requirements of this part; and 

20 ‘‘(2) may commence an enforcement action 

21 against— 

22 ‘‘(A) any Organization, as necessary; and 

23 ‘‘(B) any participating producer that is not 

24 in compliance with an applicable requirement of 

25 this part. 

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•S 3127 IS

1 ‘‘(b) INVESTIGATIONS.—In an evaluation under sub2 section (a)(1), the Inspector General may, as the Inspector 

3 General determines to be appropriate— 

4 ‘‘(1) conduct investigations, including by in5 specting operations, facilities, and records of— 

6 ‘‘(A) an Organization; or 

7 ‘‘(B) a producer participating in an Orga8 nization; and 

9 ‘‘(2) audit an Organization or any participating 

10 producer. 

11 ‘‘(c) NOTICE.—The Inspector General shall submit to 

12 each applicable Organization and producer, as applicable, 

13 a notice describing— 

14 ‘‘(1) any relevant conduct or practice that does 

15 not comply with an applicable requirement of this 

16 part; and 

17 ‘‘(2) any inconsistency identified as a result of 

18 an audit under subsection (b)(2). 

19 ‘‘(d) PENALTY.— 

20 ‘‘(1) IN GENERAL.—An Organization, and any 

21 producer, that violates an applicable requirement of 

22 this part shall be subject to a fine for each violation. 

23 ‘‘(2) TREATMENT OF PRODUCT LINES.—For 

24 purposes of this section, each product line sold, of25 fered for sale, or distributed to consumers by a proVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
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•S 3127 IS

1 ducer shall be considered to be a separate violation 

2 of this part. 

3 ‘‘(3) MAXIMUM AMOUNT.—The amount of a 

4 fine under this subsection shall be not more than 

5 $100,000 per day for each violation. 

6 ‘‘(e) CITIZEN SUITS.— 

7 ‘‘(1) IN GENERAL.—In accordance with applica8 ble Federal law, subject to the provision to the re9 spondent of appropriate notice, any citizen of the 

10 United States may commence in a United States 

11 district court of competent jurisdiction an action 

12 against any individual or entity, a producer, an Or13 ganization, the Administrator, or the Inspector Gen14 eral to enforce this part. 

15 ‘‘(2) ADMINISTRATOR AS INTERVENOR.—In any 

16 action filed pursuant to this subsection to which the 

17 Administrator is not a party, the Administrator may 

18 intervene as a matter of right. 

19 ‘‘PART II—REDUCTION OF SINGLE-USE 

20 PRODUCTS 

21 ‘‘Subpart A—Prohibitions on Single-use Plastic Bags 

22 and Polystyrene Foam Food Service Products; 

23 Accessories on Request 

24 ‘‘SEC. 12201. DEFINITIONS. 

25 ‘‘In this subpart: 

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1 ‘‘(1) CARRYOUT BAG.— 

2 ‘‘(A) IN GENERAL.—The term ‘carryout 

3 bag’ means a bag provided to a customer by a 

4 retail establishment or food service business for 

5 the purpose of transporting groceries, a pre6 pared food, or a retail good. 

7 ‘‘(B) EXCLUSIONS.—The term ‘carryout 

8 bag’ does not include— 

9 ‘‘(i) a paper bag provided by a phar10 macy to a customer purchasing a prescrip11 tion medication; 

12 ‘‘(ii) a bag without handles that is— 

13 ‘‘(I) used to protect items from 

14 damaging or contaminating other pur15 chased items placed in a recycled 

16 paper bag or a reusable grocery bag; 

17 or 

18 ‘‘(II) designed to be placed over 

19 articles of clothing on a hanger; 

20 ‘‘(iii) a bag used solely to contain a 

21 live animal, such as a fish or insect sold at 

22 a pet store or bait shop; 

23 ‘‘(iv) a newspaper bag; or 

24 ‘‘(v) a bag provided to contain an un25 wrapped food item. 

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1 ‘‘(2) FOOD SERVICE BUSINESS.— 

2 ‘‘(A) IN GENERAL.—The term ‘food service 

3 business’ means a commercial entity that sells 

4 or provides food for consumption on or off the 

5 premises of the entity. 

6 ‘‘(B) INCLUSIONS.—The term ‘food service 

7 business’ includes a restaurant, cafe ́, deli8 catessen, coffee shop, convenience store, grocery 

9 store, vending truck or cart, food truck, movie 

10 theater, and business or institutional cafeteria, 

11 including such a business operated by, or on be12 half of, any governmental entity. 

13 ‘‘(3) POLYSTYRENE FOAM FOOD SERVICE PROD14 UCT.— 

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

16 foam food service product’ means a food service 

17 product made wholly or partially of a material 

18 described in subparagraph (B). 

19 ‘‘(B) DESCRIPTION OF MATERIAL.—A ma20 terial referred to in subparagraph (A) is blown 

21 polystyrene, and any expanded and extruded 

22 foam of that polystyrene, that is— 

23 ‘‘(i) a thermoplastic petrochemical 

24 material made using a styrene monomer; 

25 and 

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•S 3127 IS

1 ‘‘(ii) processed by a technique such 

2 as— 

3 ‘‘(I) fusion of polymer spheres 

4 (commonly known as ‘expandable bead 

5 polystyrene’); 

6 ‘‘(II) injection molding; 

7 ‘‘(III) foam molding; or 

8 ‘‘(IV) extrusion-blow molding 

9 (commonly known as ‘extruded foam 

10 polystyrene’). 

11 ‘‘(C) INCLUSIONS.—The term ‘polystyrene 

12 foam food service product’ includes a food con13 tainer, a plate, an egg carton, a hot or cold bev14 erage cup, a meat, fish, seafood, or vegetable 

15 tray, and cutlery. 

16 ‘‘(4) PREPARED FOOD.— 

17 ‘‘(A) IN GENERAL.—The term ‘prepared 

18 food’ means a food or beverage that is serviced, 

19 packaged, cooked, chopped, sliced, mixed, 

20 brewed, frozen, squeezed, or otherwise prepared 

21 for an individual customer or consumer. 

22 ‘‘(B) EXCLUSIONS.—The term ‘prepared 

23 food’ does not include— 

24 ‘‘(i) a raw egg; 

25 ‘‘(ii) butchered meat; 

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•S 3127 IS

1 ‘‘(iii) butchered fish or seafood; or 

2 ‘‘(iv) butchered poultry. 

3 ‘‘(5) RETAIL ESTABLISHMENT.— 

4 ‘‘(A) IN GENERAL.—The term ‘retail es5 tablishment’ means a store or premises at 

6 which a person is engaged in the business of 

7 selling or providing directly to customers at re8 tail pricing— 

9 ‘‘(i) merchandise, goods, groceries, 

10 prepared food, or beverages, for consump11 tion off-premises; or 

12 ‘‘(ii) the servicing of an item. 

13 ‘‘(B) INCLUSIONS.—The term ‘retail estab14 lishment’ includes— 

15 ‘‘(i) a grocery store; 

16 ‘‘(ii) a department store; 

17 ‘‘(iii) a pharmacy; 

18 ‘‘(iv) a convenience store; 

19 ‘‘(v) a restaurant; 

20 ‘‘(vi) a coffee shop; 

21 ‘‘(vii) a seasonal or temporary busi22 ness, including a farmers’ market and a 

23 public market; 

24 ‘‘(viii) a food truck or other motor ve25 hicle, mobile canteen, trailer, market pushVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
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1 cart, or moveable roadside stand used by a 

2 person from which to engage in selling or 

3 providing described in subparagraph (A) 

4 directly with customers, without a store5 front, including a business delivering pre6 pared foods or other food items, a web7 based or catalog business, and a delivery 

8 service used by a retail establishment; and 

9 ‘‘(ix) a nonprofit organization, char10 ity, or religious institution that— 

11 ‘‘(I) has a retail establishment; 

12 and 

13 ‘‘(II) holds itself out to the public 

14 as engaging in retail activities that 

15 are characteristic of similar type retail 

16 businesses, regardless of whether such 

17 an activity is carried out on a for18 profit basis. 

19 ‘‘(6) REUSABLE.—The term ‘reusable’, with re20 spect to a carryout bag, means that the carryout bag 

21 is— 

22 ‘‘(A) a sewn bag with stitched handles; 

23 ‘‘(B) made of cloth or another machine24 washable fabric, other than polyethylene or pol25 yvinyl chloride; 

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•S 3127 IS

1 ‘‘(C) specifically designed and manufac2 tured for not fewer than 175 uses; and 

3 ‘‘(D) capable of carrying contents weighing 

4 25 pounds or more for a distance of 300 feet 

5 or more. 

6 ‘‘(7) SINGLE-USE PAPER BAG.—The term ‘sin7 gle-use paper bag’ means a paper bag that— 

8 ‘‘(A) is 100-percent recyclable; 

9 ‘‘(B) contains— 

10 ‘‘(i) for a paper bag weighing 8 

11 pounds or less, not less than 20 percent 

12 post-consumer recycled material; and 

13 ‘‘(ii) for a paper bag weighing more 

14 than 8 pounds, not less than 40 percent 

15 post-consumer recycled material; and 

16 ‘‘(C) displays, in a visible manner on the 

17 outside of the paper bag— 

18 ‘‘(i) the word ‘Recyclable’; and 

19 ‘‘(ii) the phrase ‘Made from lll 

20 percent post-consumer recycled material’, 

21 the blank space being filled in with the ap22 propriate percentage of post-consumer re23 cycled material contained in the paper bag. 

24 ‘‘(8) SINGLE-USE PLASTIC BAG.—The term 

25 ‘single-use plastic bag’ means a carryout bag that— 

97 

•S 3127 IS

1 ‘‘(A) is made of plastic; and 

2 ‘‘(B) is not reusable. 

3 ‘‘SEC. 12202. BAG REQUIREMENTS. 

4 ‘‘(a) BAN ON SINGLE-USE PLASTIC BAGS.—Effective 

5 beginning on the date that is 1 year after the date of en6 actment of this subtitle, no retail establishment or food 

7 service business shall provide or sell to a customer any 

8 single-use plastic bag. 

9 ‘‘(b) REUSABLE CARRYOUT BAGS AND SINGLE-USE

10 PAPER BAGS.— 

11 ‘‘(1) IN GENERAL.—Effective beginning on the 

12 date that is 1 year after the date of enactment of 

13 this subtitle, a retail establishment or food service 

14 business may make available for purchase at the 

15 point of sale only, as applicable— 

16 ‘‘(A) reusable carryout bags; or 

17 ‘‘(B) single-use paper bags. 

18 ‘‘(2) MINIMUM PRICE.—The price of a reusable 

19 carryout bag or single-use paper bag sold under 

20 paragraph (1) shall be not less than $0.10. 

21 ‘‘(3) RETENTION OF FUNDS.—Any funds col22 lected under this subsection for the sale of a reus23 able carryout bag or single-use paper bag shall be 

24 retained by the applicable retail establishment or 

25 food service business. 

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1 ‘‘SEC. 12203. FOOD SERVICE PRODUCTS. 

2 ‘‘(a) POLYSTYRENE FOAM FOOD SERVICE PROD3 UCTS.— 

4 ‘‘(1) PROHIBITIONS.—Except as provided in 

5 paragraphs (2) and (3), effective beginning on the 

6 date that is 18 months after the date of enactment 

7 of this subtitle— 

8 ‘‘(A) no person shall sell or offer for sale 

9 any polystyrene foam food service product; and 

10 ‘‘(B) no food service business shall provide 

11 or sell any food in a polystyrene foam food serv12 ice product. 

13 ‘‘(2) EXCEPTIONS.—For the 2-year period be14 ginning on the effective date described in paragraph 

15 (1), the following products shall be exempt from the 

16 prohibitions under that paragraph: 

17 ‘‘(A) Meat and fish trays for raw or butch18 ered meat, including poultry or fish that is sold 

19 from a refrigerator or similar appliance. 

20 ‘‘(B) Produce prepackaged by the producer 

21 with a polystyrene foam food service product. 

22 ‘‘(3) WAIVER.— 

23 ‘‘(A) APPLICATIONS.—To be eligible for a 

24 waiver of a prohibition under paragraph (1), a 

25 person or food service business shall submit to 

26 the Administrator an application at such time, 

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•S 3127 IS

1 in such manner, and containing such informa2 tion as the Administrator may require. 

3 ‘‘(B) APPROVAL.—The Administrator may 

4 approve an application under subparagraph (A), 

5 and provide to the applicant the waiver re6 quested in the application, if the Administrator 

7 determines that— 

8 ‘‘(i) there is no feasible, commercially 

9 available alternative for a specific poly10 styrene foam food service product; or 

11 ‘‘(ii)(I) the gross annual income of the 

12 applicant for the calendar year preceding 

13 the year during which the application is 

14 submitted is less than $500,000; and 

15 ‘‘(II) there is no reasonably afford16 able, commercially available alternative to 

17 the polystyrene foam food service product. 

18 ‘‘(C) TERM.— 

19 ‘‘(i) IN GENERAL.—Subject to clause 

20 (ii), a waiver provided under this para21 graph may be in effect for a period of not 

22 longer than 1 year. 

23 ‘‘(ii) EXTENSIONS.—On receipt of a 

24 written application, the Administrator may 

25 extend a waiver provided under this paraVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
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•S 3127 IS

1 graph for additional periods, each of which 

2 is not longer than 1 year. 

3 ‘‘(b) PLASTIC UTENSILS, STIRRERS, SPLASH STICKS, 

4 COCKTAIL STICKS, AND SANDWICH STICKS.—Effective 

5 beginning on the date that is 18 months after the date 

6 of enactment of this subtitle— 

7 ‘‘(1) no person shall sell, offer for sale, provide, 

8 or distribute any plastic utensil (including forks, 

9 knives, spoons, sporks, and chopsticks), stirrer, 

10 splash stick, cocktail stick, sandwich stick, or tooth11 pick; and 

12 ‘‘(2) no food service business shall provide, dis13 tribute, or sell any plastic utensil (including forks, 

14 knives, spoons, sporks, and chopsticks), stirrer, 

15 splash stick, cocktail stick, sandwich stick, or tooth16 pick. 

17 ‘‘(c) FOOD SERVICE ACCESSORIES ON REQUEST.— 

18 ‘‘(1) DEFINITION OF FOOD SERVICE ACCES19 SORY.—In this subsection, the term ‘food service ac20 cessory’ means any item or accessory that typically 

21 accompanies a food product provided by a food serv22 ice business, including— 

23 ‘‘(A) a product used for serving, con24 suming, or packaging a food or beverage pre25 pared by a food service business, including a 

101 

•S 3127 IS

1 cup, bowl, plate, tray, carton, box, wrapper or 

2 liner, hinged or lidded container (commonly 

3 known as a ‘clamshell’), and napkin; 

4 ‘‘(B) a condiment cup or packet; 

5 ‘‘(C) a cup sleeve, top, lid, or spill plug; 

6 and 

7 ‘‘(D) any other similar accompanying item 

8 used as part of a food service business. 

9 ‘‘(2) REQUEST REQUIRED.—Effective beginning 

10 on the date that is 1 year after the date of enact11 ment of this subtitle, a food service business may 

12 only provide to a customer a food service accessory 

13 for dining onsite, or for a take-out or delivery order, 

14 on request of the customer. 

15 ‘‘(3) CONDIMENTS.—Effective beginning on the 

16 date that is 1 year after the date of enactment of 

17 this subtitle, any condiment provided for consump18 tion on the premises of a food service business shall 

19 be served from— 

20 ‘‘(A) a reusable container; or 

21 ‘‘(B) a bulk dispenser. 

22 ‘‘(4) PORTIONING.—Effective beginning on the 

23 date that is 1 year after the date of enactment of 

24 this subtitle, a food service accessory or condiment— 

25 ‘‘(A) shall not be— 

102 

•S 3127 IS

1 ‘‘(i) bundled; or 

2 ‘‘(ii) individually wrapped; and 

3 ‘‘(B) shall be dispensed using a dispenser 

4 that provides not more than 1 food service ac5 cessory or condiment item at a time to ensure 

6 customers receive only the quantity needed. 

7 ‘‘(5) TAKE-OUT FOOD AND DELIVERY ORDER8 ING PLATFORMS.—Effective beginning on the date 

9 that is 1 year after the date of enactment of this 

10 subtitle, each take-out food and delivery ordering 

11 platform shall provide— 

12 ‘‘(A) to food service businesses a method 

13 to customize the menus of the food service busi14 nesses to include a description of the food serv15 ice accessories and condiments offered for take16 out and delivery orders from the food service 

17 business; and 

18 ‘‘(B) to customers the option to request 

19 specific food service accessories and condiments 

20 for inclusion in an order placed on the platform. 

21 ‘‘(6) TRAVEL.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding any 

23 other requirement of this section, a food service 

24 business described in subparagraph (B) may 

103 

•S 3127 IS

1 ask a customer if the customer desires or re2 quires a food service accessory— 

3 ‘‘(i) to consume or transport ready-to4 consume food; or 

5 ‘‘(ii) to prevent food from spilling. 

6 ‘‘(B) DESCRIPTION OF FOOD SERVICE

7 BUSINESS.—A food service business referred to 

8 in subparagraph (A) is a food service business 

9 that— 

10 ‘‘(i) is located entirely within a public 

11 use airport (as defined in section 77.3 of 

12 title 14, Code of Federal Regulations (or a 

13 successor regulation)); or 

14 ‘‘(ii) provides food products wholly or 

15 partially through the use of a drive16 through facility. 

17 ‘‘(d) EFFECT OF SECTION.—Nothing in this sec18 tion— 

19 ‘‘(1) restricts the ability of a food service busi20 ness to provide a single-use plastic straw or single21 serve condiment packet to an individual that re22 quests such a straw or packet due to a disability or 

23 other medical or physical condition or circumstance; 

24 or 

25 ‘‘(2) prohibits a retail establishment from— 

104 

•S 3127 IS

1 ‘‘(A) selling packages of single-use plastic 

2 straws to customers; or 

3 ‘‘(B) providing or selling a beverage pre4 packaged by the manufacturer with a single-use 

5 plastic straw, including a juice box. 

6 ‘‘SEC. 12204. VIOLATIONS; ENFORCEMENT. 

7 ‘‘(a) VIOLATIONS.— 

8 ‘‘(1) IN GENERAL.—Any person that violates an 

9 applicable provision of this subpart (including regu10 lations), shall be subject to— 

11 ‘‘(A) a warning for the initial violation; 

12 ‘‘(B) a fine in an amount equal to not 

13 more than $1,000 for the second violation; and 

14 ‘‘(C) a fine in an amount equal to not 

15 more than $5,000 for a third or subsequent vio16 lation. 

17 ‘‘(2) TREATMENT.—If a violation described in 

18 paragraph (1) is of a continuing nature, each day 

19 during which the violation continues shall be consid20 ered to be an additional, separate, and distinct viola21 tion for purposes of this subsection. 

22 ‘‘(3) PAYMENT TO ADMINISTRATOR.—A fine 

23 collected pursuant to this subsection shall be remit24 ted to the Administrator. 

105 

•S 3127 IS

1 ‘‘(b) ENFORCEMENT.—Subject to subsection (a)(3), 

2 the Administrator or an affected local government may en3 force this subpart. 

4 ‘‘SEC. 12205. EDUCATION AND OUTREACH. 

5 ‘‘Not later than 120 days after the date of enactment 

6 of this subtitle, the Administrator shall— 

7 ‘‘(1) establish a program to assist persons in 

8 achieving compliance with this subpart, including 

9 by— 

10 ‘‘(A) developing and publishing on a public 

11 website guidance relating to that compliance; 

12 and 

13 ‘‘(B) establishing an online clearinghouse 

14 of vendors that provide environmentally sound 

15 alternatives to single-use plastic bags, single-use 

16 paper bags, polystyrene foam food service prod17 ucts, and single-use plastic straws; and 

18 ‘‘(2) in cooperation with local governments, en19 vironmental organizations, and the business commu20 nity, develop and implement a public information 

21 and education program with respect to this subpart, 

22 including— 

23 ‘‘(A) educational materials; 

24 ‘‘(B) public service announcements; and 

25 ‘‘(C) the distribution of— 

106 

•S 3127 IS

1 ‘‘(i) free, reusable carryout bags; and 

2 ‘‘(ii) information relating to the envi3 ronmental harms associated with single-use 

4 plastic bags. 

5 ‘‘SEC. 12206. RULEMAKING. 

6 ‘‘The Administrator shall promulgate such regula7 tions as the Administrator determines to be necessary to 

8 carry out this subpart. 

9 ‘‘Subpart B—Prohibition on Other Single-use 

10 Products 

11 ‘‘SEC. 12211. DEFINITIONS. 

12 ‘‘In this subpart: 

13 ‘‘(1) BLACK PLASTIC.—The term ‘black plastic’ 

14 means any plastic with a black plastic resin code 1 

15 through 7. 

16 ‘‘(2) DISPOSABLE FOOD SERVICE WARE.— 

17 ‘‘(A) IN GENERAL.—The term ‘disposable 

18 food service ware’ means a single-use or dispos19 able product for heating, storing, packaging, 

20 serving, consuming, or transporting a prepared 

21 or ready-to-consume food or beverage. 

22 ‘‘(B) INCLUSIONS.—The term ‘disposable 

23 food service ware’ includes— 

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1 ‘‘(i) a bowl, plate, tray, carton, cup, 

2 lid, hinged or lidded container, spoon, fork, 

3 and knife; 

4 ‘‘(ii) any container used by a food es5 tablishment to heat, cook, or store a food 

6 or beverage prior to serving, regardless of 

7 whether the container is used to serve the 

8 food or beverage; and 

9 ‘‘(iii) any item described in clause (i) 

10 or (ii) that is sold by a retail establishment 

11 to a consumer for personal use. 

12 ‘‘(3) FOOD ESTABLISHMENT.— 

13 ‘‘(A) IN GENERAL.—The term ‘food estab14 lishment’ means an operation that serves, 

15 vends, or otherwise provides a food product to 

16 a third party for consumption or use on or off 

17 the premises of the operation, regardless of 

18 whether a fee is charged for the food product. 

19 ‘‘(B) INCLUSION.—The term ‘food estab20 lishment’ includes any facility the operation of 

21 which requires a food service permit in accord22 ance with applicable Federal or State law (in23 cluding regulations). 

24 ‘‘(C) EXCLUSION.—The term ‘food estab25 lishment’ does not include a home or other priVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
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1 vate setting in which a food product is provided 

2 as described in subparagraph (A). 

3 ‘‘(4) PERSONAL CARE PRODUCT.—The term 

4 ‘personal care product’ includes— 

5 ‘‘(A) shampoo; 

6 ‘‘(B) hair conditioner; 

7 ‘‘(C) bath soap; 

8 ‘‘(D) shower gel; 

9 ‘‘(E) lotion; and 

10 ‘‘(F) hand soap. 

11 ‘‘(5) PREPARED FOOD.—The term ‘prepared 

12 food’ has the meaning given the term in section 

13 12201. 

14 ‘‘(6) RETAIL ESTABLISHMENT.—The term ‘re15 tail establishment’ has the meaning given the term 

16 in section 12201. 

17 ‘‘SEC. 12212. PROHIBITION ON CERTAIN TRAVEL 

18 TOILETRIES. 

19 ‘‘(a) DEFINITIONS.—In this section: 

20 ‘‘(1) LODGING ESTABLISHMENT.— 

21 ‘‘(A) IN GENERAL.—The term ‘lodging es22 tablishment’ means an establishment that con23 tains 1 or more sleeping room accommodations 

24 that are rented or otherwise provided to the 

25 public. 

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1 ‘‘(B) INCLUSIONS.—The term ‘lodging es2 tablishment’ includes— 

3 ‘‘(i) a hotel; 

4 ‘‘(ii) a motel; 

5 ‘‘(iii) a resort; 

6 ‘‘(iv) a bed and breakfast; 

7 ‘‘(v) an inn; and 

8 ‘‘(vi) a vacation rental. 

9 ‘‘(C) EXCLUSIONS.—The term ‘lodging es10 tablishment’ does not include— 

11 ‘‘(i) a hospital; 

12 ‘‘(ii) a nursing home; 

13 ‘‘(iii) a residential retirement commu14 nity; 

15 ‘‘(iv) a prison or jail; 

16 ‘‘(v) a homeless shelter; 

17 ‘‘(vi) a boarding school; 

18 ‘‘(vii) a unit of worker housing; 

19 ‘‘(viii) a long-term rental; or 

20 ‘‘(ix) a house, apartment, or other liv21 able space at which the individual pro22 viding a sleeping accommodation as de23 scribed in subparagraph (A) is a perma24 nent resident who lives on the premises. 

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1 ‘‘(2) SMALL PLASTIC BOTTLE.—The term 

2 ‘small plastic bottle’ means a plastic bottle or con3 tainer that— 

4 ‘‘(A) has a capacity of less than 6 ounces; 

5 and 

6 ‘‘(B) is intended to be nonreusable by the 

7 end user. 

8 ‘‘(b) PROHIBITION.— 

9 ‘‘(1) IN GENERAL.—Subject to subsection (c), 

10 effective beginning on the applicable date described 

11 in paragraph (2), a lodging establishment shall not 

12 provide any small plastic bottle containing a per13 sonal care product— 

14 ‘‘(A) to any individual staying in a sleeping 

15 room accommodation of the lodging establish16 ment; 

17 ‘‘(B) in any space within a sleeping room 

18 accommodation of the lodging establishment; or 

19 ‘‘(C) in any bathroom of the lodging estab20 lishment that is shared by— 

21 ‘‘(i) the public; or 

22 ‘‘(ii) guests of the lodging establish23 ment. 

24 ‘‘(2) EFFECTIVE DATE.—The date referred to 

25 in paragraph (1) is— 

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1 ‘‘(A) for a lodging establishment with more 

2 than 50 rooms, the date that is 180 days after 

3 the later of— 

4 ‘‘(i) the date of enactment of this sub5 title; and 

6 ‘‘(ii) the date on which the lodging es7 tablishment commences operation; and 

8 ‘‘(B) for a lodging establishment with 50 

9 or fewer rooms, the date that is 1 year after the 

10 later of— 

11 ‘‘(i) the date of enactment of this sub12 title; and 

13 ‘‘(ii) the date on which the lodging es14 tablishment commences operation. 

15 ‘‘(c) PATRON REQUEST.—Notwithstanding sub16 section (b), a lodging establishment may provide to an in17 dividual, on request of the individual, a personal care 

18 product in a small plastic bottle at no cost at a place other 

19 than a place described in subsection (b)(1). 

20 ‘‘(d) VIOLATIONS.— 

21 ‘‘(1) IN GENERAL.—An agency of a local gov22 ernment with authority to inspect sleeping room ac23 commodations in a lodging establishment may issue 

24 a citation for any violation of subsection (b). 

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1 ‘‘(2) WRITTEN WARNING.—For an initial viola2 tion of the prohibition under subsection (b), an 

3 agency described in paragraph (1) shall issue to the 

4 applicable lodging establishment a written warning 

5 that includes— 

6 ‘‘(A) a description of the violation; and 

7 ‘‘(B) a notice that any subsequent violation 

8 may result in a fine as described in paragraph 

9 (3). 

10 ‘‘(3) SUBSEQUENT VIOLATIONS.—On a second 

11 or subsequent violation of the prohibition under sub12 section (b), an agency described in paragraph (1) 

13 may assess against the applicable lodging establish14 ment a fine in an amount equal to— 

15 ‘‘(A) not more than $500 for each day of 

16 the violation; and 

17 ‘‘(B) not more than a total of $2,000 in 

18 any calendar year. 

19 ‘‘(4) PAYMENT TO ADMINISTRATOR.—A fine 

20 collected pursuant to this subsection shall be remit21 ted to the Administrator. 

22 ‘‘(e) SENSE OF CONGRESS REGARDING USE OF

23 BULK DISPENSERS BY LODGING ESTABLISHMENTS.—It 

24 is the sense of Congress that lodging establishments are 

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1 encouraged to use bulk dispensers of personal care prod2 ucts— 

3 ‘‘(1) to reduce plastic waste; 

4 ‘‘(2) to decrease the operating costs of the lodg5 ing establishments; and 

6 ‘‘(3) in a manner that is mindful of the health 

7 and safety of individuals. 

8 ‘‘SEC. 12213. PROHIBITIONS ON BLACK PLASTICS. 

9 ‘‘(a) PROHIBITIONS.—Effective beginning on the 

10 date that is 1 year after the date of enactment of this 

11 subtitle— 

12 ‘‘(1) no food establishment shall sell, offer for 

13 sale, or otherwise distribute any disposable food 

14 service ware made using a black plastic; and 

15 ‘‘(2) no retail establishment shall sell, offer for 

16 sale, or otherwise distribute— 

17 ‘‘(A) any disposable food service ware 

18 made using a black plastic; or 

19 ‘‘(B) any meat tray, fish tray, seafood 

20 tray, vegetable tray, or egg carton made wholly 

21 or partially using a black plastic. 

22 ‘‘(b) EXEMPTION.— 

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

24 the Administrator may exempt a food establishment 

25 or retail establishment from an applicable prohibiVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
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1 tion under subsection (a) for a period of not more 

2 than 180 days on receipt of a written application 

3 from the owner or operator of the food establish4 ment or retail establishment. 

5 ‘‘(2) REQUIRED DETERMINATION.—The Admin6 istrator may not provide an exemption under para7 graph (1) unless the Administrator determines 

8 that— 

9 ‘‘(A) strict enforcement of the prohibition 

10 for which the exemption is sought would cause 

11 an undue hardship described in paragraph (3); 

12 or 

13 ‘‘(B) the applicable food establishment or 

14 retail establishment requires additional time in 

15 order to deplete an existing inventory of a spe16 cific item subject to the prohibition for which 

17 the exemption is sought. 

18 ‘‘(3) DESCRIPTION OF UNDUE HARDSHIP.—An 

19 undue hardship referred to in paragraph (2)(A) is a 

20 situation— 

21 ‘‘(A) that is unique to an applicable food 

22 establishment or retail establishment; 

23 ‘‘(B) in which no reasonable alternative to 

24 the use of an item subject to a prohibition 

25 under subsection (a) exists; and 

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1 ‘‘(C) due to which compliance with this 

2 section would create significant economic hard3 ship for the applicable food establishment or re4 tail establishment. 

5 ‘‘(c) EFFECT OF SECTION.—Nothing in this section 

6 prohibits an individual from personal use of a disposable 

7 food service ware or other item made using a black plastic. 

8 ‘‘SEC. 12214. PROHIBITION ON NONCOMPOSTABLE 

9 PRODUCE STICKERS. 

10 ‘‘Effective beginning on the date that is 1 year after 

11 the date of enactment of this subtitle, no retail establish12 ment shall sell or distribute any produce to which is af13 fixed a noncompostable sticker. 

14 ‘‘SEC. 12215. ENFORCEMENT. 

15 ‘‘(a) WRITTEN WARNING.—For the initial violation 

16 of an applicable prohibition under section 12213 or 12214, 

17 the Administrator shall issue to the applicable food estab18 lishment or retail establishment a written warning that in19 cludes— 

20 ‘‘(1) a description of the violation; and 

21 ‘‘(2) a notice that any subsequent violation may 

22 result in a fine or seizure as described in subsection 

23 (b). 

24 ‘‘(b) SUBSEQUENT VIOLATIONS.— 

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1 ‘‘(1) FINES.—Subject to paragraphs (2) and 

2 (3), a food establishment or retail establishment that 

3 has received a written warning under subsection (a) 

4 with respect to a violation of an applicable prohibi5 tion under section 12213 or 12214, and that repeats 

6 the violation, shall be subject to a fine in an amount 

7 equal to— 

8 ‘‘(A) for the first repeat violation during 

9 the calendar year in which the written warning 

10 was received, $250; 

11 ‘‘(B) for the second repeat violation during 

12 that calendar year, $500; and 

13 ‘‘(C) for the third, and any subsequent, 

14 violation during that calendar year, $1,000. 

15 ‘‘(2) SEIZURE.—On a third, or any subsequent, 

16 violation of an applicable prohibition under section 

17 12213 or 12214 by a food establishment or retail es18 tablishment during a calendar year, the Adminis19 trator may seize any products subject to the prohibi20 tion that are in the possession of the applicable food 

21 establishment or retail establishment. 

22 ‘‘(3) LIMITATION.—In the case of a food estab23 lishment or retail establishment the annual revenue 

24 of which is less than $1,000,000, a fine shall not be 

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1 imposed pursuant to this subsection more than once 

2 during any 7-day period. 

3 ‘‘(c) STATE ENFORCEMENT.—The Administrator 

4 may permit a State to carry out enforcement under this 

5 section, subject to the conditions that— 

6 ‘‘(1) the Administrator shall determine that the 

7 State meets such requirements as the Administrator 

8 may establish; and 

9 ‘‘(2) any fines collected by the State under this 

10 section shall be remitted to the Administrator. 

11 ‘‘Subpart C—Advancing Reuse and Refill Systems 

12 ‘‘SEC. 12221. GRANT PROGRAM TO EXPAND EQUITABLE AC13 CESS TO REUSABLE AND REFILLABLE PACK14 AGING. 

15 ‘‘(a) ESTABLISHMENT.—Not later than 2 years after 

16 the date of enactment of this subtitle, the Administrator 

17 shall establish a competitive grant program under which 

18 the Administrator shall provide grants to eligible entities 

19 described in subsection (b) to carry out beverage container 

20 reuse and refill projects in accordance with this section. 

21 ‘‘(b) ELIGIBILITY.—The following entities shall be el22 igible to receive a grant under this section: 

23 ‘‘(1) An institution of higher education. 

24 ‘‘(2) A nonprofit organization. 

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1 ‘‘(3) A unit of county, municipal, or Tribal gov2 ernment. 

3 ‘‘(4) A for-profit entity. 

4 ‘‘(5) A public-private partnership. 

5 ‘‘(c) APPLICATIONS.—An eligible entity described in 

6 subsection (b) seeking a grant under this section shall sub7 mit to the Administrator an application at such time, in 

8 such manner, and containing such information as the Ad9 ministrator may require, including a description of the 

10 means by which the project proposed to be carried out by 

11 the eligible entity will— 

12 ‘‘(1) expand 1 or more reuse and refill systems 

13 to replace single-use plastics, or single-use products 

14 containing or lined with plastic, currently used in 

15 consumer goods industries, including replacement 

16 with food service products and consumer food and 

17 beverage products that— 

18 ‘‘(A) are affordable, convenient, scalable, 

19 nontoxic, and equitable; and 

20 ‘‘(B) satisfy the requirements described in 

21 this part; 

22 ‘‘(2) increase access to, and the capacity of, 

23 reuse and refill infrastructure within the State 

24 served by the eligible entity; 

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1 ‘‘(3) expand consumer knowledge of reuse and 

2 refill programs, including through the development 

3 of accessible education and outreach programs and 

4 materials; and 

5 ‘‘(4) install, and expand access to, sanitation in6 frastructure in public or community buildings to en7 able safe and hygienic reuse, including dishwashers 

8 and sanitation stations. 

9 ‘‘(d) NONTOXIC REQUIREMENTS.—A material used 

10 as part of a reuse and refill project under the program 

11 under this section shall not— 

12 ‘‘(1) contain a toxic substance; or 

13 ‘‘(2) be made using prohibited plastic pack14 aging. 

15 ‘‘(e) PRIORITY; DISTRIBUTION.—In awarding grants 

16 under this section, the Administrator shall— 

17 ‘‘(1) give priority to any project that, as deter18 mined by the Administrator, will— 

19 ‘‘(A) directly benefit a population of color, 

20 community of color, Indigenous community, 

21 rural community, or low-income community; or 

22 ‘‘(B) achieve more than 1 objective de23 scribed in subsection (c); and 

24 ‘‘(2) ensure that at least 1 grant is provided in 

25 each region of the Environmental Protection Agency. 

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1 ‘‘(f) REPORTS.—Not later than 2 years after the date 

2 of enactment of this subtitle, and not less frequently than 

3 once every 3 years thereafter, the Administrator shall sub4 mit to Congress, and publish, a report that includes— 

5 ‘‘(1) an estimate of the current and projected 

6 consumption of beverage containers and covered 

7 products in each State; 

8 ‘‘(2) an assessment of techniques and rec9 ommendations to minimize the creation of new mate10 rials for the manufacturing of beverage containers 

11 and covered products; 

12 ‘‘(3) an assessment of the infrastructure and 

13 design needs required to establish a system for reus14 able and refillable beverage containers in the United 

15 States; and 

16 ‘‘(4) a summary of— 

17 ‘‘(A) the grants provided under this sec18 tion; and 

19 ‘‘(B) the effectiveness of those grants in 

20 increasing the proportion that— 

21 ‘‘(i) the number of reusable and refill22 able beverage containers and covered prod23 ucts used by distributors during each cal24 endar year covered by the report; bears to 

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1 ‘‘(ii) overall beverage container and 

2 covered product consumption during that 

3 calendar year. 

4 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to carry out this section 

6 $20,000,000 for the period of fiscal years 2024 through 

7 2028. 

8 ‘‘SEC. 12222. GRANT PROGRAM TO SUPPORT WATER REFILL 

9 STATIONS AT AIRPORTS AND TRAIN STA10 TIONS. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) PROGRAM.—The term ‘program’ means 

13 the competitive grant program established under 

14 subsection (b). 

15 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

16 the Secretary of Transportation. 

17 ‘‘(b) ESTABLISHMENT.—Not later than 1 year after 

18 the date of enactment of this subtitle, the Secretary shall 

19 establish a competitive grant program under which the 

20 Secretary, in consultation with the Administrator, shall 

21 provide grants for use in accordance with this section to— 

22 ‘‘(1) publicly owned airports that— 

23 ‘‘(A) host not less than 2,500 passenger 

24 boardings each calendar year; and 

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1 ‘‘(B) receive scheduled passenger service; 

2 and 

3 ‘‘(2) train stations located in metropolitan or 

4 suburban areas that provide for the transportation 

5 of individuals (other than employees or contractors 

6 of the station or individuals riding equipment to ob7 serve or monitor railroad operations) by railroad 

8 through— 

9 ‘‘(A) intercity passenger service; or 

10 ‘‘(B) commuter or other short-haul pas11 senger service. 

12 ‘‘(c) USE OF FUNDS.—A grant provided under the 

13 program may be used for— 

14 ‘‘(1) purchasing and installing stations at which 

15 employees, passengers, and other guests may refill 

16 reusable beverage containers with drinking water; 

17 and 

18 ‘‘(2) promoting the use of reusable beverage 

19 containers and water refill stations. 

20 ‘‘(d) APPLICATIONS.—An entity described in sub21 section (b) seeking a grant under the program shall sub22 mit to the Secretary an application at such time, in such 

23 manner, and containing such information as the Secretary 

24 may require, including a description of each project pro25 posed to be carried out using grant funds. 

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1 ‘‘(e) REPORT.—Not later than 2 years after the date 

2 on which the Secretary provides grants under the pro3 gram, the Secretary shall submit to Congress a report de4 scribing the effectiveness of the projects carried out under 

5 the program. 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to carry out the program 

8 $5,000,000 for the period of fiscal years 2024 through 

9 2028. 

10 ‘‘SEC. 12223. CLEAN COMMUNITIES PROGRAM. 

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

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

13 the Administrator shall leverage smart technology and so14 cial media to provide technical assistance to units of local 

15 government for purposes of cost-effectively— 

16 ‘‘(1) identifying concentrated areas of pollution 

17 within the jurisdictions of the units of local govern18 ment; and 

19 ‘‘(2) implementing source reduction solutions in 

20 response to that pollution. 

21 ‘‘SEC. 12224. REPORT ON REUSE AND REFILL SYSTEMS. 

22 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

23 date of enactment of this subtitle, and not less frequently 

24 than once every 5 years thereafter, the Administrator shall 

25 make publicly available a report describing the feasibility 

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1 of, and best practices relating to, reuse and refill systems 

2 with respect to each of the following sectors: 

3 ‘‘(1) Food service, including— 

4 ‘‘(A) take-out food; 

5 ‘‘(B) the delivery of prepared meals; and 

6 ‘‘(C) meal kits. 

7 ‘‘(2) Consumer food and beverage products. 

8 ‘‘(3) Consumer cleaning products. 

9 ‘‘(4) Personal care products. 

10 ‘‘(5) Transportation and shipping of wholesale 

11 and retail goods. 

12 ‘‘(6) Public educational institutions, including 

13 institutions of higher education. 

14 ‘‘(7) Other sectors, as identified by the Admin15 istrator. 

16 ‘‘(b) OBJECTIVES.—The report under subsection (a) 

17 shall include an evaluation and summary of— 

18 ‘‘(1) types of reuse and refill systems for prod19 uct delivery that can be best used at different scales; 

20 ‘‘(2) methods to ensure equitable distribution of 

21 reuse and refill systems for product delivery in popu22 lations of color, communities of color, Indigenous 

23 communities, and low-income communities; 

24 ‘‘(3) job creation opportunities through the use 

25 or expansion of reuse and refill systems; 

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1 ‘‘(4) economic costs and benefits for— 

2 ‘‘(A) businesses that deploy reuse and refill 

3 system technologies; and 

4 ‘‘(B) parties responsible for waste collec5 tion and management; 

6 ‘‘(5) types of local, State, and Federal support 

7 needed to expand the use of reuse and refill systems; 

8 and 

9 ‘‘(6) existing barriers to the widespread imple10 mentation of reuse and refill systems. 

11 ‘‘(c) CONSIDERATIONS.—In preparing the report 

12 under subsection (a), the Administrator shall take into 

13 consideration relevant information relating to reuse and 

14 refill system programs and approaches in States, units of 

15 local government, and foreign countries. 

16 ‘‘SEC. 12225. RECYCLING AND COMPOSTING RECEPTACLE 

17 LABELING. 

18 ‘‘(a) PURPOSE.—The purpose of this section is to es19 tablish guidelines for a national standardized labeling sys20 tem for the development of labels for recycling and 

21 composting receptacles that use a methodology that is con22 sistent throughout the United States to assist members 

23 of the public in properly recycling and composting. 

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

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

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

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

4 space, as determined by the Administrator. 

5 ‘‘(2) RECYCLING OR COMPOSTING RECEP6 TACLE.—The term ‘recycling or composting recep7 tacle’ means a recycling or composing bin, cart, or 

8 dumpster. 

9 ‘‘(3) RESIDENTIAL RECYCLING AND

10 COMPOSTING PROGRAM.—The term ‘residential recy11 cling and composting program’ means a recycling 

12 and composting program that provides services to 

13 single-family dwellings, multifamily dwellings or fa14 cilities, or both. 

15 ‘‘(c) GUIDELINES.—Not later than 2 years after the 

16 date of enactment of this subtitle, the Administrator shall 

17 develop and publish guidelines for a national standardized 

18 labeling system for use by Organizations to develop labels 

19 that— 

20 ‘‘(1) use a national standardized methodology 

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

22 to address diverse ethnic populations; 

23 ‘‘(2) shall be placed on recycling and 

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1 ice area of the Organization in accordance with 

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

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

4 and composting receptacles— 

5 ‘‘(A) the specific recyclables and 

6 compostables accepted by the Organization; and 

7 ‘‘(B) the specific rules of sorting for the 

8 Organization. 

9 ‘‘(d) DEVELOPMENT OF LABELS.— 

10 ‘‘(1) IN GENERAL.—Each Organization, in ac11 cordance with the guidelines published under sub12 section (c), shall use the national standardized label13 ing system to develop labels for use on recycling and 

14 composting receptacles in public spaces and the serv15 ice area of the Organization to communicate to users 

16 of those recycling and composting receptacles— 

17 ‘‘(A) the specific recyclables and 

18 compostables accepted by the Organization; and 

19 ‘‘(B) the specific rules of sorting for the 

20 Organization. 

21 ‘‘(2) SIMPLE AND DETAILED VERSIONS.—In de22 veloping labels under paragraph (1), an Organiza23 tion shall develop— 

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

25 on recycling and composting receptacles used in 

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1 public spaces, which shall list the basic 

2 recyclables and compostables accepted by the 

3 Organization; and 

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

5 on recycling and composting receptacles used as 

6 part of a residential recycling and composting 

7 program of the Organization, taking into con8 sideration the complexity of the covered prod9 ucts and beverage containers disposed of by sin10 gle-family dwellings and multifamily dwellings 

11 and facilities. 

12 ‘‘(e) DISTRIBUTION OF LABELS.— 

13 ‘‘(1) SIMPLE VERSION.— 

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

15 distribute the simple version of the label devel16 oped by the Organization under subsection 

17 (d)(2)(A) to each customer of the Organization 

18 that owns or operates a public space in the 

19 service area of the Organization. 

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

21 distributed to an owner or operator of a public 

22 space under subparagraph (A) shall be reason23 ably sufficient to ensure that a label may be 

24 placed on each recycling and composting recep25 tacle in that public space. 

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1 ‘‘(C) ADDITIONAL LABELS.—If the quan2 tity of labels distributed under subparagraph 

3 (B) is insufficient, an Organization shall make 

4 available to owners and operators described in 

5 subparagraph (A) additional labels to purchase 

6 or download. 

7 ‘‘(D) REQUIREMENT OF OWNERS AND OP8 ERATORS.—An owner or operator of a public 

9 space that receives labels under subparagraph 

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

11 composting receptacles in that public space. 

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

13 municipality, as applicable, that provides services to 

14 a residential recycling and composting program in 

15 the service area of the Organization or municipality, 

16 as applicable, shall display a detailed standardized 

17 label developed by the Organization under subsection 

18 (d)(2)(B) on each recycling and composting recep19 tacle used by the residential recycling and 

20 composting program. 

21 ‘‘SEC. 12226. STUDY AND ACTION ON PLASTIC TOBACCO FIL22 TERS AND ELECTRONIC CIGARETTES. 

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

24 of enactment of this subtitle, the Administrator, in con25 junction with the Commissioner of Food and Drugs and 

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1 the Director of the National Institutes of Health, shall 

2 conduct a study of— 

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

4 tobacco filters made from plastic; and 

5 ‘‘(2) the environmental impacts of electronic 

6 cigarettes, including disposable plastic components 

7 of electronic cigarettes. 

8 ‘‘(b) REPORT TO CONGRESS.—Not later than 180 

9 days after the date on which the study under subsection 

10 (a) is concluded, the Administrator, in conjunction with 

11 the Commissioner of Food and Drugs, shall submit a re12 port describing any recommendations of the Administrator 

13 for the establishment of a program to reduce litter from, 

14 and the environmental impacts of, single-use tobacco filter 

15 products and electronic cigarettes to— 

16 ‘‘(1) the Committee on Health, Education, 

17 Labor and Pensions of the Senate; 

18 ‘‘(2) the Committee on Environment and Public 

19 Works of the Senate; 

20 ‘‘(3) the Committee on Commerce, Science, and 

21 Transportation of the Senate; and 

22 ‘‘(4) the Committee on Energy and Commerce 

23 of the House of Representatives. 

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

25 under subsection (b), the Administrator, in conjunction 

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1 with the Commissioner of Food and Drugs, shall publish 

2 in the Federal Register for public comment— 

3 ‘‘(1) a copy of the report; and 

4 ‘‘(2) a description of the actions the Adminis5 trator and the Commissioner of Food and Drugs in6 tend to take during the 1-year period beginning on 

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

8 environmental impacts of, single-use tobacco filter 

9 products and electronic cigarettes, including rec10 ommendations for incorporating plastic tobacco fil11 ters and electronic cigarette plastic components into 

12 an extended producer responsibility program. 

13 ‘‘PART III—PROHIBITION ON CERTAIN EXPORTS 

14 ‘‘SEC. 12301. PROHIBITION ON CERTAIN EXPORTS. 

15 ‘‘No person may export from the United States any 

16 plastic waste, plastic paring, or scrap of plastic— 

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

18 Organization for Economic Cooperation and Devel19 opment; 

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

21 relevant authorities in a receiving country that is a 

22 member of the Organization for Economic Coopera23 tion and Development, if those exports— 

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

25 plastic polymer; 

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1 ‘‘(B) are contaminated with greater than 

2 0.5 percent of— 

3 ‘‘(i) other plastics; or 

4 ‘‘(ii) other materials, including— 

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

6 waxes, inks, and paints; and 

7 ‘‘(II) composite materials mixing 

8 plastics with nonplastic materials; or 

9 ‘‘(C) are to be re-exported to a country 

10 that is not a member of the Organization for 

11 Economic Cooperation and Development; or 

12 ‘‘(3) that is contaminated with— 

13 ‘‘(A) a hazardous chemical; 

14 ‘‘(B) effective beginning on the date that is 

15 1 year after the date of enactment of this sub16 title, a toxic substance; or 

17 ‘‘(C) any other substance, to the extent 

18 that the export becomes hazardous waste. 

19 ‘‘PART IV—LOCAL GOVERNMENT EFFORTS 

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

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

22 law in effect on or after the date of enactment of this sub23 title that— 

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

2 product in a greater quantity than is required under 

3 part I; 

4 ‘‘(2) prohibits the sale or distribution of any 

5 product that is not prohibited under part I or II; 

6 ‘‘(3) requires any product to be made of a 

7 greater percentage of post-consumer recycled mate8 rial than is required under part I or II; or 

9 ‘‘(4) in any way exceeds the requirements of 

10 this subtitle.’’. 

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

12 contained in section 1001 of the Solid Waste Disposal Act 

13 (42 U.S.C. 6901 note; Public Law 89–272) is amended 

14 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 postconsumer 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

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‘‘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.’’. 

1 TITLE II—PROTECTING 

2 COMMUNITIES FROM PLASTICS 

3 SEC. 201. SHORT TITLE. 

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

6 SEC. 202. FINDINGS. 

7 Congress finds that— 

8 (1) plastics production is exacerbating the cli9 mate crisis and driving environmental injustice in 

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1 vulnerable communities located near petrochemical 

2 facilities; 

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

4 the decade beginning on the date of enactment of 

5 this Act, locking in harmful emissions for decades; 

6 (3) plastics and other petrochemicals are fore7 casted to become the largest driver of oil and hy8 draulically fractured gas demand by 2050; 

9 (4) some studies have projected that the plas10 tics industry will emit more greenhouse gas emis11 sions than coal plants in the United States by 2030; 

12 (5) petrochemical facilities that produce plastics 

13 are more likely to be located in low-income commu14 nities and communities of color, disproportionately 

15 exposing those communities to harmful pollutants; 

16 (6) plastics production and certain disposal fa17 cilities pollute surrounding communities with chemi18 cals that are known to cause cancer, birth defects, 

19 and other serious illnesses; 

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

21 power generation and transportation only to replace 

22 that demand with more fossil fuel-based plastics pro23 duction— 

24 (A) is not a viable strategy; and 

25 (B) fails to protect communities; 

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1 (8) plastics carry impacts throughout the 

2 lifecycle, including the impacts of— 

3 (A) oil and gas extraction; 

4 (B) plastics refining, manufacturing, and 

5 certain methods of disposal; and 

6 (C) resulting plastics pollution in commu7 nities and the environment, where the degrad8 ing plastics— 

9 (i) leach chemical additives; and 

10 (ii) emit greenhouse gases; 

11 (9) addressing the plastics crisis requires a shift 

12 away from single-use plastics in nonessential set13 tings; and 

14 (10) technologies that convert plastics to fuel, 

15 use plastics for energy generation, generate feed16 stocks for the chemical industry, or produce haz17 ardous waste and toxic air pollution are not a sus18 tainable solution to the plastics crisis. 

19 SEC. 203. DEFINITIONS. 

20 In this title: 

21 (1) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the Environ23 mental Protection Agency. 

24 (2) PLASTIC.—The term ‘‘plastic’’ means a syn25 thetic or semisynthetic material that— 

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1 (A) is natural rubber; or 

2 (B) has naturally occurring polymers, such 

3 as proteins or starches. 

4 (3) REFILL; REFILLABLE; REUSABLE; REUSE.— 

5 The terms ‘‘refill’’, ‘‘refillable’’, ‘‘reusable’’, and 

6 ‘‘reuse’’ mean— 

7 (A) with respect to packaging or a food 

8 service product that is reused or refilled by a 

9 producer, that the packaging or food service 

10 product is— 

11 (i) explicitly designed and marketed to 

12 be utilized for not less than the number of 

13 cycles that the Administrator determines 

14 to be appropriate, for the same product, or 

15 for another purposeful packaging use in a 

16 supply chain; 

17 (ii) designed for durability to function 

18 properly in original condition for multiple 

19 cycles; 

20 (iii) composed of materials that do not 

21 contain— 

22 (I) toxic heavy metals; 

23 (II) pathogens; 

24 (III) additives; or 

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1 (IV) toxic substances (as defined 

2 in section 12000 of the Solid Waste 

3 Disposal Act); 

4 (iv) supported by adequate infrastruc5 ture to ensure that the packaging or food 

6 service product can be conveniently and 

7 safely reused or refilled for multiple cycles; 

8 and 

9 (v) repeatedly recovered, inspected, 

10 and repaired, if necessary, and reissued 

11 into the supply chain for reuse or refill for 

12 multiple cycles; and 

13 (B) with respect to packaging or a food 

14 service product that is reused or refilled by a 

15 consumer, that the packaging or food service 

16 product is— 

17 (i) explicitly designed and marketed to 

18 be utilized for not less than the number of 

19 cycles that the Administrator determines 

20 to be appropriate, for the same product; 

21 (ii) designed for durability to function 

22 properly in its original condition for mul23 tiple cycles; 

24 (iii) composed of materials that do not 

25 contain— 

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1 (I) toxic heavy metals; 

2 (II) pathogens; 

3 (III) additives; or 

4 (IV) toxic substances (as defined 

5 in section 12000 of the Solid Waste 

6 Disposal Act); and 

7 (iv) supported by adequate and con8 venient availability of, and retail infra9 structure for, bulk or large format pack10 aging that may be refilled to ensure the 

11 packaging or food service product can be 

12 conveniently and safely reused or refilled 

13 by the consumer for multiple cycles, as 

14 needed. 

15 (4) SINGLE-USE PLASTIC.— 

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

17 plastic’’ means a plastic product or packaging 

18 that— 

19 (i) is routinely disposed of, recycled, 

20 or otherwise discarded after a single use; 

21 or 

22 (ii) is not sufficiently durable or wash23 able to be, or is not intended to be, reus24 able or refillable. 

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

2 plastic’’ does not include— 

3 (i) medical equipment, medical de4 vices, consumer personal protective equip5 ment, or other products determined by the 

6 Secretary of Health and Human Services 

7 to necessarily be made of plastic for the 

8 protection of public health or for people 

9 with disabilities; 

10 (ii) packaging that is— 

11 (I) for any product described in 

12 clause (i) that is determined by the 

13 Secretary of Health and Human Serv14 ices to necessarily be used for the pro15 tection of public health or for people 

16 with disabilities; or 

17 (II) used for the shipment of 

18 hazardous materials, such that the 

19 packaging is prohibited from being 

20 composed of used materials under sec21 tion 178.509 or 178.522 of title 49, 

22 Code of Federal Regulations (as in ef23 fect on the date of enactment of this 

24 Act); or 

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1 (iii) personal hygiene products that, 

2 due to the intended use of the products, 

3 could become unsafe or unsanitary to recy4 cle, such as diapers. 

5 SEC. 204. ENVIRONMENTAL JUSTICE PROTECTIONS AT 

6 COVERED FACILITIES. 

7 (a) DEFINITIONS.—In this section: 

8 (1) COMMUNITY OF COLOR.—The term ‘‘com9 munity of color’’ means a geographically distinct 

10 area in which the percentage of the population of the 

11 community represented by people of color is higher 

12 than the percentage of the population of the State 

13 represented by people of color. 

14 (2) CONSULTATION.—The term ‘‘consultation’’ 

15 means the meaningful and timely process of— 

16 (A) seeking, discussing, and carefully con17 sidering the views of fenceline communities in a 

18 manner that is cognizant of the values of all 

19 parties; and 

20 (B) when feasible, seeking agreement 

21 among the parties. 

22 (3) COVERED FACILITY.—The term ‘‘covered 

23 facility’’ means— 

24 (A) an industrial facility that transforms 

25 petrochemical gas and liquids into ethylene and 

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1 propylene for later conversion into plastic poly2 mers; 

3 (B) an industrial facility that transforms 

4 ethylene and propylene into any other chemical 

5 for later conversion into plastic polymers; 

6 (C) a plastic polymerization, monomer, 

7 polymer, or resin production facility; 

8 (D) an industrial facility that 

9 depolymerizes or otherwise breaks down plastic 

10 polymers into chemical feedstocks for use in 

11 new products or as fuel; 

12 (E) an industrial facility that converts, in13 cluding through pyrolysis or gasification, plastic 

14 polymers into chemical feedstocks; 

15 (F) an industrial facility that generates 

16 fuel or energy from plastic polymers through 

17 waste-to-fuel technology, an incinerator, pyrol18 ysis, gasification, or other similar technology, as 

19 determined by the Administrator; and 

20 (G) an industrial facility that produces a 

21 chemical feedstock for use in the plastics manu22 facturing industry. 

23 (4) COVERED PRODUCT.—The term ‘‘covered 

24 product’’ means— 

25 (A) ethylene; 

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1 (B) propylene; and 

2 (C) raw plastic materials in any form, in3 cluding pellets, resin, nurdles, powder, and 

4 flakes, including— 

5 (i) polyethylene terephthalate (com6 monly referred to as ‘‘PET’’ or ‘‘PETE’’); 

7 (ii) high-density polyethylene (com8 monly referred to as ‘‘HDPE’’); 

9 (iii) low-density polyethylene (com10 monly referred to as ‘‘LDPE’’); 

11 (iv) polypropylene (commonly referred 

12 to as ‘‘PP’’); 

13 (v) polyvinyl chloride (commonly re14 ferred to as ‘‘PVC’’); 

15 (vi) polystyrene (commonly referred to 

16 as ‘‘PS’’); and 

17 (vii) any other plastic polymer deter18 mined to be appropriate by the Adminis19 trator. 

20 (5) ENVIRONMENTAL JUSTICE.—The term ‘‘en21 vironmental justice’’ means the fair treatment and 

22 meaningful involvement of all individuals, regardless 

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

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1 tation, and enforcement of environmental laws, regu2 lations, and policies to ensure that— 

3 (A) communities with significant popu4 lations of racial minorities, communities of 

5 color, Indigenous communities, and low-income 

6 communities have full access to public informa7 tion and opportunities for meaningful public 

8 participation with respect to human health and 

9 environmental planning, regulations, and en10 forcement; 

11 (B) no community described in subpara12 graph (A) is exposed to a disproportionate bur13 den of the negative human health and environ14 mental impacts of pollution or other environ15 mental hazards; and 

16 (C) the 17 principles described in the docu17 ment entitled ‘‘The Principles of Environmental 

18 Justice’’, written and adopted at the First Na19 tional People of Color Environmental Leader20 ship Summit convened on October 24 through 

21 27, 1991, in Washington, DC, are upheld. 

22 (6) FENCELINE COMMUNITY.— 

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

24 community’’ means a community located near a 

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1 covered facility that has experienced, as a result 

2 of that location— 

3 (i) negative impacts on human health 

4 and the environment; and 

5 (ii) systemic socioeconomic disparity 

6 or another form of injustice with respect to 

7 policies, regulations, or enforcement. 

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

9 community’’ includes a low-income community, 

10 an Indigenous community, and a community of 

11 color. 

12 (7) INDIGENOUS COMMUNITY.—The term ‘‘In13 digenous community’’ means— 

14 (A) a federally recognized Indian Tribe; 

15 (B) a State-recognized Indian Tribe; 

16 (C) an Alaska Native or Native Hawaiian 

17 community or organization; and 

18 (D) any other community of Indigenous in19 dividuals, including communities in other coun20 tries. 

21 (8) LIMITED ENGLISH PROFICIENCY INDI22 VIDUAL.—The term ‘‘limited English proficiency in23 dividual’’ means an individual that— 

24 (A) does not speak English as their pri25 mary language; or 

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

2 write, or understand English. 

3 (9) LOW-INCOME COMMUNITY.—The term ‘‘low4 income community’’ means any census block group 

5 in which 30 percent or more of the population are 

6 individuals with an annual household income equal 

7 to, or less than, the greater of— 

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

9 median income of the area in which the house10 hold is located, as reported by the Secretary of 

11 Housing and Urban Development; and 

12 (B) 200 percent of the Federal poverty 

13 line. 

14 (10) MATERIAL RECOVERY FACILITY.—The 

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

16 waste management facility that processes materials 

17 for reuse or recycling. 

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

19 with respect to involvement by the public in a deter20 mination by a Federal agency, means that— 

21 (A) potentially affected residents of a com22 munity have an appropriate opportunity to par23 ticipate in decisions relating to a proposed ac24 tivity that will affect the environment or public 

25 health of the community; 

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1 (B) the public contribution can influence 

2 the determination by the Federal agency; 

3 (C) the concerns of all participants are 

4 taken into consideration in the decision-making 

5 process; and 

6 (D) the Federal agency— 

7 (i) provides to potentially affected 

8 members of the public accurate informa9 tion, including identifying limited English 

10 proficiency individuals who need language 

11 assistance, implementing accessible lan12 guage assistance measures, and providing 

13 notice to limited English proficiency indi14 viduals for effective engagement in deci15 sions; and 

16 (ii) facilitates the involvement of po17 tentially affected members of the public. 

18 (12) TEMPORARY PAUSE PERIOD.—The term 

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

20 (A) beginning on the date of enactment of 

21 this Act; and 

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

23 date on which— 

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1 (i) all regulations and final rules re2 quired under subsections (d), (e), and (f) 

3 are in effect; and 

4 (ii) the amendments made by sub5 section (i) are fully implemented. 

6 (13) TRANSLATION SERVICES.—The term 

7 ‘‘translation services’’ means professional language 

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

12 community. 

13 (b) NATIONAL ACADEMIES STUDY OF PLASTICS IN14 DUSTRY.— 

15 (1) AGREEMENT.— 

16 (A) IN GENERAL.—The Administrator 

17 shall offer to enter into an agreement with the 

18 National Academy of Sciences and the National 

19 Institutes of Health to conduct a study of— 

20 (i) the existing and planned expansion 

21 of the industry of producers of covered 

22 products, including the entire supply chain, 

23 the extraction and refining of fossil fuels 

24 and polymer feedstocks, chemical recycling 

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1 efforts, end uses, disposal fate, and 

2 lifecycle impacts of covered products; 

3 (ii) the environmental, public health, 

4 environmental justice, and pollution im5 pacts of covered facilities and the products 

6 of covered facilities; 

7 (iii) the use of additives in the pro8 duction of covered products and the con9 sequences of those additives on public 

10 health; 

11 (iv) the existing standard technologies 

12 and practices of covered facilities with re13 spect to the discharge and emission of pol14 lutants into the environment; 

15 (v) the best available technologies and 

16 practices that reduce or eliminate the envi17 ronmental justice and pollution impacts of 

18 covered facilities, associated infrastructure 

19 of covered facilities, and the products of 

20 covered facilities; and 

21 (vi) the toxicity of plastic polymers, 

22 additives, and chemicals (including byprod23 ucts), including the impacts of those poly24 mers, additives, and chemicals on— 

25 (I) public health; 

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1 (II) the recyclability of plastic; 

2 and 

3 (III) the ability to use recycled 

4 content. 

5 (B) FAILURE TO ENTER AGREEMENT.—If 

6 the Administrator fails to enter into an agree7 ment described in subparagraph (A), the Ad8 ministrator shall conduct the study described in 

9 that subparagraph. 

10 (2) REQUIREMENTS.—The study under para11 graph (1) shall— 

12 (A) take into consideration— 

13 (i) the direct, indirect, and cumulative 

14 environmental impacts of industries, in15 cluding plastic production industries, 

16 chemical recycling industries, and the in17 dustries of other covered facilities; and 

18 (ii) the impacts of the planned expan19 sion of those industries, including local, re20 gional, national, and international air, 

21 water, waste, climate change, public health, 

22 and environmental justice impacts of those 

23 industries; and 

24 (B) recommend technologies, regulations, 

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1 ommendations for technologies, regulations, 

2 standards, and practices that will best carry out 

3 the regulatory modifications required under 

4 subsections (d), (e), and (g), to remediate or 

5 eliminate the local, regional, national, and inter6 national air, water, waste, climate change, pub7 lic health, and environmental justice impacts of 

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

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

10 the date of enactment of this Act, the Administrator 

11 shall submit to Congress a report describing the re12 sults of the study under paragraph (1). 

13 (4) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to the Na15 tional Academy of Sciences and the National Insti16 tutes of Health such sums as are necessary to carry 

17 out this subsection. 

18 (c) PERMITTING MORATORIUM FOR COVERED FA19 CILITIES.— 

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

21 during the temporary pause period, notwithstanding 

22 any other provision of law— 

23 (A) the Administrator shall not issue a 

24 new permit for a covered facility under— 

152 

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

2 et seq.); or 

3 (ii) the Federal Water Pollution Con4 trol Act (33 U.S.C. 1251 et seq.); 

5 (B) the Secretary of the Army, acting 

6 through the Chief of Engineers, shall not issue 

7 a new permit for a covered facility under sec8 tion 404 of the Federal Water Pollution Control 

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

10 (C) the Administrator shall object in writ11 ing under subsections (b) and (c) of section 505 

12 of the Clean Air Act (42 U.S.C. 7661d) or sec13 tion 402(d)(2) of the Federal Water Pollution 

14 Control Act (33 U.S.C. 1342(d)(2)), as applica15 ble, to any new permit issued to a covered facil16 ity by a State agency delegated authority under 

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

18 the Federal Water Pollution Control Act (33 

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

20 (D) the export of covered products is pro21 hibited. 

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

23 to a permit described in that paragraph for a facility 

24 that is— 

25 (A) a material recovery facility; 

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1 (B) a mechanical recycling facility; or 

2 (C) a compost facility. 

3 (d) CLEAN AIR REQUIREMENTS FOR COVERED FA4 CILITIES.— 

5 (1) TIMELY REVISION OF EMISSIONS STAND6 ARDS.—Section 111(b)(1)(B) of the Clean Air Act 

7 (42 U.S.C. 7411(b)(1)(B)) is amended by striking 

8 the fifth sentence. 

9 (2) NEW SOURCE PERFORMANCE STANDARDS

10 FOR CERTAIN FACILITIES.—Not later than 3 years 

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

13 (A) designating petrochemical feedstock 

14 and polymer production facilities as a category 

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

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

17 7411(b)(1)(A)); and 

18 (B) establishing new source performance 

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

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

21 of stationary source designated under subpara22 graph (A). 

23 (3) STORAGE VESSELS FOR COVERED PROD24 UCTS.—Not later than 3 years after the date of en25 actment of this Act, the Administrator shall promulVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
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1 gate a final rule modifying section 60.112b(a) of 

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

3 an owner or operator of a storage vessel containing 

4 liquid with a vapor pressure equal to not less than 

5 5 millimeters of mercury under actual storage condi6 tions that is regulated under that section uses— 

7 (A) an internal floating roof tank con8 nected to a volatile organic compound control 

9 device; or 

10 (B) a fixed-roof tank connected to a vola11 tile organic compound control device. 

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

13 date of enactment of this Act, the Administrator 

14 shall promulgate a final rule— 

15 (A) modifying title 40, Code of Federal 

16 Regulations, to ensure that flaring, at ground17 level and elevated, shall only be permitted when 

18 necessary solely for safety reasons; and 

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

20 60.115b(d)(1), 60.482–10a(d), 60.562– 

21 1(a)(1)(i)(C), 60.662(b), and 60.702(b) of title 

22 40, Code of Federal Regulations, to ensure 

23 that— 

155 

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1 (i) references to flare standards under 

2 those sections refer to the flare standards 

3 established under subparagraph (A); and 

4 (ii) the flare standards under those 

5 sections are, without exception, continu6 ously applied. 

7 (5) SOCMI EQUIPMENT LEAKS.—Not later 

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

9 the Administrator shall promulgate a final rule— 

10 (A) modifying section 60.482–1a of title 

11 40, Code of Federal Regulations, to ensure that 

12 owners and operators use process units and 

13 components with a leak-less or seal-less design; 

14 (B) modifying subsection (f) of that sec15 tion to ensure that owners and operators use 

16 optical gas imaging monitoring pursuant to sec17 tion 60.5397a of that title on a quarterly basis, 

18 unless the owner or operator receives approval 

19 from the Administrator, in writing, to use 

20 Method 21 of the Environmental Protection 

21 Agency (as described in appendix A–7 of part 

22 60 of title 40, Code of Federal Regulations (as 

23 in effect on the date of enactment of this Act)) 

24 with a repair threshold of 500 parts per billion; 

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

2 of Federal Regulations, to ensure that the use 

3 of open-ended valves or lines is prohibited un4 less a showing is made that the use of an open5 ended valve or line is necessary for safety rea6 sons; and 

7 (D) modifying subpart VVa of part 60 of 

8 title 40, Code of Federal Regulations, to ensure 

9 that— 

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

11 is defined to mean an instrument reading 

12 of less than 50 parts per billion above 

13 background concentrations; and 

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

15 mean an instrument reading of not less 

16 than 50 parts per billion above background 

17 concentrations. 

18 (6) NATURAL GAS-FIRED STEAM BOILERS.— 

19 Not later than 3 years after the date of enactment 

20 of this Act, the Administrator shall promulgate a 

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

22 Code of Federal Regulations, to ensure that boilers 

23 or heaters located at an affected covered facility reg24 ulated under that subpart may only burn gaseous 

25 fuels, not solid fuels or liquid fuels. 

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1 (7) NATIONAL EMISSION STANDARDS FOR HAZ2 ARDOUS AIR POLLUTANTS IMPLEMENTATION IM3 PROVEMENTS.— 

4 (A) EQUIPMENT LEAKS OF BENZENE.— 

5 Not later than 3 years after the date of enact6 ment of this Act, the Administrator shall pro7 mulgate a final rule to strike subsection (c) of 

8 section 61.112 of title 40, Code of Federal Reg9 ulations. 

10 (B) BENZENE WASTE OPERATIONS.—Not 

11 later than 3 years after the date of enactment 

12 of this Act, the Administrator shall promulgate 

13 a final rule modifying subpart FF of part 61 of 

14 title 40, Code of Federal Regulations, to ensure 

15 that— 

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

17 is defined to mean an instrument reading 

18 of less than 50 parts per billion above 

19 background concentrations; and 

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

21 mean an instrument reading of not less 

22 than 50 parts per billion above background 

23 concentrations. 

24 (C) MAXIMUM ACHIEVABLE CONTROL

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1 CILITIES.—Not later than 1 year after the date 

2 of enactment of this Act, the Administrator 

3 shall— 

4 (i) promulgate a final rule modifying 

5 subpart YY of part 63 of title 40, Code of 

6 Federal Regulations, to ensure that— 

7 (I) the generic maximum achiev8 able control technology standards de9 scribed in that subpart— 

10 (aa) require no detectable 

11 emissions of hazardous air pollut12 ants, unless the Administrator— 

13 (AA) determines that 

14 the maximum degree of re15 duction in emissions of haz16 ardous air pollutants achiev17 able pursuant to section 

18 112(d)(2) of the Clean Air 

19 Act (42 U.S.C. 7412(d)(2)) 

20 justifies higher limits; and 

21 (BB) publishes the de22 termination under subitem 

23 (AA) and the proposed high24 er limits in a rulemaking; 

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1 (bb) ensure an ample mar2 gin of safety to protect public 

3 health and prevent an adverse 

4 environmental effect; and 

5 (cc) prevent adverse cumu6 lative effects to fetal health, the 

7 health of children, and the health 

8 of vulnerable subpopulations; and 

9 (II) the term ‘‘no detectable 

10 emissions’’, as required under sub11 clause (I)(aa), is defined to mean an 

12 instrument reading of less than 50 

13 parts per billion above background 

14 concentrations; and 

15 (ii) in promulgating the final rule pur16 suant to clause (i), take into consider17 ation— 

18 (I) the effects and risks of expo19 sure from cumulative sources of haz20 ardous air pollutants under the sub21 part modified under that clause; and 

22 (II) the best available science, in23 cluding science provided by the Na24 tional Academy of Sciences. 

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1 (8) MONITORING.—Not later than 2 years after 

2 the date of enactment of this Act, the Administrator 

3 shall promulgate a final rule revising subparts DDD, 

4 NNN, and RRR and other relevant subparts of part 

5 60 of title 40, Code of Federal Regulations— 

6 (A) to require continuous emissions moni7 toring of benzene, nitrogen oxides, sulfur diox8 ide, carbon monoxide, other hazardous air pol9 lutants, and filterable particulate matter for all 

10 combustion devices, including during startups, 

11 shutdowns, and malfunctions of the facilities 

12 regulated by those subparts; 

13 (B) to require— 

14 (i) accurate and continuous record15 keeping when continuous emissions moni16 toring is required under subparagraph (A); 

17 and 

18 (ii) the records required under clause 

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

20 real time; 

21 (C) to require continuous monitoring of 

22 emissions from combustion devices under sec23 tion 63.658 of title 40, Code of Federal Regula24 tions (as in effect on the date of enactment of 

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

161 

•S 3127 IS

1 carbon monoxide, filterable and condensable 

2 particulate matter, and all other relevant haz3 ardous air pollutants; and 

4 (D) to ensure that the continuous moni5 toring of combustion devices required under 

6 subparagraphs (A) and (C) are used to deter7 mine the compliance of facilities regulated by 

8 those subparts with the Clean Air Act (42 

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

10 (e) CLEAN WATER REQUIREMENTS FOR COVERED

11 FACILITIES.— 

12 (1) BAT AND NSPS STANDARDS FOR PLASTIC

13 POLYMER PRODUCTION.—Not later than 3 years 

14 after the date of enactment of this Act, the Adminis15 trator shall promulgate a final rule— 

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

17 Federal Regulations, to ensure that the best 

18 available technology and new source perform19 ance standard requirements under that part re20 flect updated best available technology and best 

21 available demonstrated control technology for 

22 all pollutants discharged by covered facilities 

23 that produce covered products, including pollut24 ants of concern that are not regulated on the 

25 date of enactment of this Act; 

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1 (B) modifying sections 414.91(b), 

2 414.101(b), and 414.111(b) of title 40, Code of 

3 Federal Regulations, to ensure that— 

4 (i) for new source performance stand5 ards for applicable covered facilities pro6 ducing covered products, the maximum ef7 fluent limit for any 1 day and for any 

8 monthly average for the priority pollutants 

9 described in appendix A to part 423 of 

10 title 40, Code of Federal Regulations (as 

11 in effect on the date of enactment of this 

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

13 Administrator— 

14 (I) determines that higher limits 

15 are justified using best available dem16 onstrated control technology; and 

17 (II) publishes the determination 

18 under subclause (I) and the proposed 

19 higher limits in a rulemaking; and 

20 (ii) for best available technology and 

21 new source performance standards, the 

22 maximum effluent limit for any 1 day and 

23 for any monthly average for total plastic 

24 pellets and other plastic material is 0 milli25 grams per liter; and 

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1 (C) that ensures that the best available 

2 technology limitations described in part 414 of 

3 title 40, Code of Federal Regulations (as modi4 fied under subparagraph (A)) apply to covered 

5 facilities that produce fewer than 5,000,001 

6 pounds of covered products per year. 

7 (2) REVISED EFFLUENT LIMITATIONS GUIDE8 LINES FOR PETROCHEMICAL FEEDSTOCK AND POLY9 MER PRODUCTION.— 

10 (A) BAT AND NCPS STANDARDS.—Not 

11 later than 3 years after the date of enactment 

12 of this Act, the Administrator shall promulgate 

13 a final rule— 

14 (i) modifying sections 419.23, 419.26, 

15 419.33, and 419.36 of title 40, Code of 

16 Federal Regulations, to ensure that the 

17 best available technology and new source 

18 performance standards reflect updated best 

19 available technology and best available 

20 demonstrated control technology for all 

21 pollutants discharged by covered facilities 

22 producing petrochemical feedstocks and 

23 polymers; and 

24 (ii) modifying sections 419.26(a) and 

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1 ulations, to ensure that the new source 

2 performance standards for any 1 day and 

3 for average of daily values for 30 consecu4 tive days for the priority pollutants de5 scribed in appendix A to part 423 of title 

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

8 is 0 milligrams per liter, unless the Admin9 istrator— 

10 (I) determines that higher limits 

11 are necessary based on the best avail12 able demonstrated control technology; 

13 and 

14 (II) publishes the determination 

15 under subclause (I) and the proposed 

16 higher limits in a rulemaking. 

17 (B) RUNOFF LIMITATIONS FOR ETHYLENE

18 AND PROPYLENE PRODUCTION.—Not later than 

19 3 years after the date of enactment of this Act, 

20 the Administrator shall promulgate a final rule 

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

22 title 40, Code of Federal Regulations, to ensure 

23 that runoff limitations that reflect best avail24 able demonstrated control technology are in25 cluded. 

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•S 3127 IS

1 (f) ENVIRONMENTAL JUSTICE REQUIREMENTS FOR

2 COVERED FACILITIES.— 

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

4 the date of enactment of this Act, the Administrator 

5 shall promulgate a final rule to ensure that— 

6 (A) any proposed permit to be issued by 

7 the Administrator or a State agency to which 

8 authority is delegated under the Clean Air Act 

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

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

11 with respect to a covered facility is accompanied 

12 by an environmental justice assessment that— 

13 (i) assesses the direct, indirect, and 

14 cumulative economic, environmental, and 

15 public health impacts of the proposed per16 mit on fenceline communities; and 

17 (ii) proposes changes or alterations to 

18 the proposed permit that would, to the 

19 maximum extent practicable, eliminate or 

20 mitigate the impacts described in clause 

21 (i); 

22 (B) each proposed permit and environ23 mental justice assessment described in subpara24 graph (A) is delivered to applicable fenceline 

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1 ment period for the proposed permit for pur2 poses of notification and consultation, which 

3 shall include— 

4 (i) prompt notification— 

5 (I) through direct means, includ6 ing in non-English languages for lim7 ited English proficiency individuals; 

8 (II) through publications likely to 

9 be obtained by residents of the 

10 fenceline community, including non11 English language publications; and 

12 (III) in the form of a public 

13 hearing in the fenceline community— 

14 (aa) for which public notice 

15 is provided— 

16 (AA) not later than 60 

17 days before the date on 

18 which the public hearing is 

19 to be held; and 

20 (BB) using the means 

21 described in subclauses (I) 

22 and (II); 

23 (bb) for which translation 

24 services are provided; and 

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•S 3127 IS

1 (cc) that is accessible 

2 through live-streaming or alter3 native video streaming services 

4 for which translation services are 

5 provided; and 

6 (ii) after the prompt notification re7 quired under clause (i), consultation that— 

8 (I) facilitates effective collabora9 tion and informed policymaking that 

10 further recognizes the importance of 

11 regular communication and collabora12 tion with fenceline communities, re13 gardless of whether specific regulatory 

14 or policy changes are being consid15 ered; 

16 (II) seeks information and input 

17 from fenceline communities by solic18 iting the collaboration, cooperation, 

19 and participation of those fenceline 

20 communities; 

21 (III) includes an in-person meet22 ing or a telephone conference that— 

23 (aa) is in a location, if appli24 cable, that is selected by those 

25 engaged in the consultation to be 

168 

•S 3127 IS

1 mutually accessible to representa2 tives of fenceline communities 

3 and applicable Federal or State 

4 government participants; and 

5 (bb) removes institutional 

6 and procedural impediments that 

7 adversely affect working directly 

8 with fenceline communities; 

9 (IV) ensures that any health or 

10 environmental concerns raised by 

11 fenceline communities with be prop12 erly investigated and considered in de13 cisions to grant or deny the proposed 

14 permit; and 

15 (V) explains to the representa16 tives of the fenceline community the 

17 range of resulting actions that the Ad18 ministrator or State agency may take; 

19 (C) the Administrator or a State agency to 

20 which authority is delegated under the Clean 

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

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

23 seq.), as applicable, shall not approve a pro24 posed permit described in subparagraph (A) un25 less— 

169 

•S 3127 IS

1 (i) changes or alterations have been 

2 incorporated into the revised proposed per3 mit that, to the maximum extent prac4 ticable, eliminate or mitigate the impacts 

5 described in subparagraph (A)(i); 

6 (ii) the changes or alterations de7 scribed in clause (i) have been developed 

8 with meaningful input from residents or 

9 representatives of the fenceline community 

10 in which the covered facility to which the 

11 proposed permit would apply is located or 

12 seeks to locate; and 

13 (iii) the permit includes a community 

14 benefit agreement that— 

15 (I) has been entered into after 

16 the prompt notification and consulta17 tion required under clauses (i) and 

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

19 and 

20 (II) stipulates the benefits the 

21 covered facility agrees to fund or fur22 nish in exchange for community sup23 port for the covered facility, which 

24 may include— 

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1 (aa) commitments to hire di2 rectly from a community; 

3 (bb) contributions to eco4 nomic and health trust funds; 

5 (cc) local workforce training 

6 guarantees; 

7 (dd) increased pollution con8 trol technologies; 

9 (ee) operation restrictions; 

10 (ff) financial assurances; 

11 and 

12 (gg) siting restrictions; 

13 (D) the Administrator or a State agency to 

14 which authority is delegated under the Clean 

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

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

17 seq.), as applicable, shall not approve a pro18 posed permit described in subparagraph (A) 

19 during the 45-day period beginning on the date 

20 on which a public hearing described in subpara21 graph (B)(i)(III) is held for the proposed per22 mit; 

23 (E) the approval of a proposed permit de24 scribed in subparagraph (A) is conditioned on 

25 the covered facility providing— 

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1 (i) response strategies that fully pro2 tect public health and safety and the envi3 ronment in fenceline communities, for 

4 which the affected fenceline communities 

5 have the opportunity to provide meaningful 

6 input; and 

7 (ii) subject to subparagraph (F)— 

8 (I) comprehensive, continuous, 

9 real-time monitoring of ambient air 

10 quality— 

11 (aa) around the perimeter of 

12 the covered facility; and 

13 (bb) in any areas that can 

14 reasonably be impacted by the 

15 covered facility; 

16 (II) water quality testing of 

17 wastewater discharges from the cov18 ered facility; and 

19 (F) regardless of whether a permit has 

20 been sought or issued with respect to the chem21 ical, each covered facility shall conduct appro22 priate air and water quality monitoring and 

23 testing relating to each chemical produced at 

24 the covered facility in a quantity of more than 

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•S 3127 IS

1 duced at the covered facility that is emitted in 

2 excess of the applicable level permitted under 

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

4 the Federal Water Pollution Control Act (33 

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

6 that any discharge of such a chemical into the 

7 air or water shall be— 

8 (i) reported to the Administrator by 

9 not later than 48 hours after receipt of the 

10 test result; and 

11 (ii) if a release of information to the 

12 public is not limited due to confidentiality 

13 concerns, made publicly available in ac14 cordance with subclauses (I) and (II) of 

15 subparagraph (B)(i). 

16 (2) REQUIREMENTS.— 

17 (A) INPUT.—The Administrator shall de18 velop the final rule under paragraph (1) with 

19 meaningful input from— 

20 (i) residents of fenceline communities; 

21 and 

22 (ii) representatives of fenceline com23 munities. 

24 (B) COMMUNITY CONSULTATION.—In car25 rying out consultation under paragraph 

173 

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

2 agency to which authority is delegated under 

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

4 the Federal Water Pollution Control Act (33 

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

6 position that— 

7 (i) supports fenceline communities in 

8 understanding the technical nuances of the 

9 permit and regulatory process; and 

10 (ii) accounts for limited English pro11 ficiency individuals. 

12 (3) REPORT TO CONGRESS ON STATE PERMIT13 TING PROGRAMS.—Not later than 2 years after the 

14 date on which the final rule required under para15 graph (1) is published in the Federal Register, and 

16 not less frequently than once every 5 years there17 after, the Administrator shall submit to Congress a 

18 report evaluating the implementation by States of 

19 required environmental justice considerations pursu20 ant to that final rule in State permitting programs 

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

22 and the Federal Water Pollution Control Act (33 

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

24 (g) TOXIC SUBSTANCES.— 

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

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

3 2607(b)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(11) PLASTICS.— 

6 ‘‘(A) DEFINITIONS.—In this paragraph: 

7 ‘‘(i) COVERED FACILITY; COVERED

8 PRODUCT.—The terms ‘covered facility’ 

9 and ‘covered product’ have the meanings 

10 given those terms in section 204(a) of the 

11 Protecting Communities from Plastics Act. 

12 ‘‘(ii) PLASTIC; SINGLE-USE PLAS13 TIC.—The terms ‘plastic’ and ‘single-use 

14 plastic’ have the meanings given those 

15 terms in section 203 of the Protecting 

16 Communities from Plastics Act. 

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

18 2025, and every 3 years thereafter, the Admin19 istrator shall prepare, and publish in the Fed20 eral Register, an inventory of plastic manufac21 turing, distribution in commerce, and trade in 

22 the United States. 

23 ‘‘(C) PROCESS.—In preparing the inven24 tory under subparagraph (B), the Adminis25 trator shall— 

175 

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1 ‘‘(i) identify— 

2 ‘‘(I) each covered facility; and 

3 ‘‘(II) any other manufacturer of 

4 plastic products; 

5 ‘‘(ii) identify— 

6 ‘‘(I) the monomers and polymers 

7 associated with plastic production; 

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

9 products manufactured; and 

10 ‘‘(III) the associated quantities of 

11 polymer and product manufacture and 

12 uses; 

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

14 manufactured— 

15 ‘‘(I) in the aggregate; and 

16 ‘‘(II) by use category; 

17 ‘‘(iv) quantify the percentage of post18 consumer recycled material content of 

19 feedstocks for manufacture of the types of 

20 plastic products identified under clause 

21 (ii)(II); 

22 ‘‘(v) provide information and quan23 tified estimates regarding the fate of the 

24 plastic products at the end of useful life; 

176 

•S 3127 IS

1 ‘‘(vi) identify the chemicals used in 

2 polymer or plastic production that may 

3 pose a potential risk to human health and 

4 the environment, taking into account the 

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

6 which shall include, at a minimum, the in7 formation described in subparagraphs (A) 

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

9 ‘‘(vii) specify any chemicals identified 

10 under clause (vi)— 

11 ‘‘(I) that are undergoing regu12 latory action under section 6; or 

13 ‘‘(II) for which regulatory action 

14 under section 6 is anticipated during 

15 the following 3 years; 

16 ‘‘(viii) for each chemical identified 

17 under clause (vi) that is not specified 

18 under clause (vii), provide a timetable for 

19 regulatory action under section 6 and any 

20 other recommended actions, including pro21 posed revisions of Federal law or regula22 tions, to achieve further reductions in plas23 tic manufacture or distribution in com24 merce; and 

177 

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1 ‘‘(ix) propose revisions to Federal law 

2 or regulations to achieve further reductions 

3 in plastic manufacture or distribution in 

4 commerce. 

5 ‘‘(D) REPORTING.— 

6 ‘‘(i) IN GENERAL.—To assist in the 

7 preparation of the inventory under sub8 paragraph (B), notwithstanding section 

9 3(2)(B), each person that manufactures a 

10 covered product used in plastic production, 

11 and each person that manufactures a plas12 tic product, shall submit to the Adminis13 trator periodic reports at such time and in14 cluding such information as the Adminis15 trator shall determine, by rule. 

16 ‘‘(ii) PROMULGATION OF RULE.—Not 

17 later than July 1, 2024, the Administrator 

18 shall promulgate the rule described in 

19 clause (i). 

20 ‘‘(iii) PREVIOUSLY SUBMITTED INFOR21 MATION.—To avoid duplication, informa22 tion previously submitted to the Adminis23 trator under this section may be consid24 ered to be partially compliant with the re25 porting requirements of this subparagraph 

178 

•S 3127 IS

1 if the information previously submitted is 

2 an accurate reflection of the current infor3 mation. 

4 ‘‘(iv) PUBLIC AVAILABILITY.—The 

5 Administrator shall make available to the 

6 public, in an accessible database, the re7 ports submitted under clause (i), in accord8 ance with section 14.’’. 

9 (2) CUMULATIVE HEALTH RISKS POSED BY

10 COVERED FACILITIES.— 

11 (A) DEFINITIONS.—In this paragraph: 

12 (i) CHEMICAL SUBSTANCE; MIX13 TURE.—The terms ‘‘chemical substance’’ 

14 and ‘‘mixture’’ have the meanings given 

15 those terms in section 3 of the Toxic Sub16 stances Control Act (15 U.S.C. 2602). 

17 (ii) COVERED FACILITY.—The term 

18 ‘‘covered facility’’ means a covered facility 

19 identified in the inventory. 

20 (iii) INVENTORY.—The term ‘‘inven21 tory’’ means the inventory published under 

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

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

24 2607(b)). 

179 

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

2 2027, taking into account the inventory, the 

3 Administrator shall conduct a single assessment 

4 of the aggregate, cumulative public health im5 pacts on fenceline communities at covered facili6 ties. 

7 (C) REQUIREMENTS.—The assessment 

8 under subparagraph (B) shall— 

9 (i) ascertain the potentially exposed or 

10 susceptible subpopulations; 

11 (ii) estimate the magnitude of the po12 tential health impacts on— 

13 (I) fenceline communities gen14 erally; and 

15 (II) more exposed or susceptible 

16 subpopulations specifically; 

17 (iii) determine which chemical sub18 stances or mixtures may be causing or con19 tributing to potential adverse public health 

20 impacts; 

21 (iv) include an assessment of— 

22 (I) the cumulative exposures as23 sociated with covered facilities from 

24 all chemicals used to make plastic 

25 polymers; 

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1 (II) the chemical substances (in2 cluding plastic polymers, additives, 

3 and byproducts) produced from— 

4 (aa) the use of the plastic 

5 polymers as feedstocks for other 

6 chemicals; and 

7 (bb) waste-to-fuel tech8 nology; and 

9 (III) the impact of chemical sub10 stances (including plastic polymers, 

11 additives, and byproducts) on— 

12 (aa) the recyclability of plas13 tics; 

14 (bb) the use of recycled con15 tent in food contact products and 

16 packaging; and 

17 (cc) public health; and 

18 (v) focus on— 

19 (I) communities located near cov20 ered facilities; 

21 (II) workers at covered facilities; 

22 (III) other potentially exposed or 

23 susceptible subpopulations; and 

24 (IV) impacts in other countries 

25 resulting from— 

181 

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1 (aa) volatile organic com2 pounds, metals, and other toxic 

3 additives and air emissions of 

4 foreign recycling facilities; 

5 (bb) the export from the 

6 United States of plastic products, 

7 intermediary products (such as 

8 pellets), and plastic waste from 

9 covered facilities; 

10 (cc) disposal and manage11 ment of unrecycled fractions 

12 from the exports described in 

13 item (bb); 

14 (dd) water and land pollu15 tion resulting from importation 

16 of those exports; and 

17 (ee) the legality of those im18 ports, including under the Basel 

19 Convention on the Control of 

20 Transboundary Movements of 

21 Hazardous Wastes and Their 

22 Disposal, done at Basel, Switzer23 land, March 22, 1989. 

182 

•S 3127 IS

1 (D) PROCEDURAL REQUIREMENTS.—The 

2 assessment under subparagraph (B) shall be 

3 subject to— 

4 (i) public notice and an opportunity 

5 for public comment; and 

6 (ii) peer review by the Science Advi7 sory Committee on Chemicals established 

8 under section 26(o) of the Toxic Sub9 stances Control Act (15 U.S.C. 2625(o)). 

10 (3) HIGH-PRIORITY SUBSTANCES.— 

11 (A) STYRENE AND VINYL CHLORIDE.—Not 

12 later than 2 years after the date of enactment 

13 of this Act, the Administrator, after public no14 tice and an opportunity for comment, shall 

15 make a final prioritization determination under 

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

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

18 (i) styrene (including polystyrene); 

19 and 

20 (ii) vinyl chloride (including polyvinyl 

21 chloride). 

22 (B) OTHER CHEMICALS OR MIXTURES.— 

23 With respect to any chemical substances or 

24 mixtures (as those terms are defined in section 

25 3 of the Toxic Substances Control Act (15 

183 

•S 3127 IS

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

2 (A) and identified in the assessment under 

3 paragraph (2) as causing or contributing to po4 tential adverse public health impacts, the Ad5 ministrator shall— 

6 (i) include those chemical substances 

7 or mixtures in any subsequently published 

8 inventory; and 

9 (ii) specify applicable timetables for 

10 action as part of the inventory in accord11 ance with clause (vii) or (viii) of paragraph 

12 (11) of section 8(b) of the Toxic Sub13 stances Control Act (15 U.S.C. 2607(b)). 

14 (4) AUTHORIZATION OF APPROPRIATIONS.— 

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

16 be appropriated to the Administrator such sums 

17 as are necessary to carry out this subsection 

18 and the amendments made by this subsection. 

19 (B) MAINTENANCE OF FUNDING.—The 

20 funding provided under this paragraph shall 

21 supplement, not supplant, other Federal fund22 ing to carry out the Toxic Substances Control 

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

24 (h) HAZARDOUS WASTE.—Not later than 180 days 

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

184 

•S 3127 IS

1 shall initiate a rulemaking to list discarded polyvinyl chlo2 ride as a hazardous waste under the Solid Waste Disposal 

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

4 (i) CUMULATIVE IMPACT REQUIREMENTS FOR COV5 ERED FACILITIES.— 

6 (1) FEDERAL WATER POLLUTION CONTROL

7 ACT.—Section 402 of the Federal Water Pollution 

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

9 (A) by striking the section designation and 

10 heading and all that follows through ‘‘Except 

11 as’’ in subsection (a)(1) and inserting the fol12 lowing: 

13 ‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI14 NATION SYSTEM. 

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

16 ‘‘(1) IN GENERAL.—Except as’’; 

17 (B) in subsection (a)— 

18 (i) in paragraph (1)— 

19 (I) by striking ‘‘upon condition 

20 that such discharge will meet either 

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

22 ‘‘subject to the conditions that— 

23 ‘‘(A) the discharge will achieve compliance 

24 with— 

25 ‘‘(i) all’’; 

185 

•S 3127 IS

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

2 or (B) prior’’ and inserting the fol3 lowing: ‘‘403; or 

4 ‘‘(ii) prior’’; and 

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

6 inserting the following: ‘‘this Act; and 

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

8 issuance or renewal of the permit to a covered 

9 facility (as defined in section 204(a) of the Pro10 tecting Communities from Plastics Act)— 

11 ‘‘(i) based on an analysis by the Ad12 ministrator of existing water quality and 

13 the potential cumulative impacts (as de14 fined in section 501 of the Clean Air Act 

15 (42 U.S.C. 7661)) of the discharge from 

16 the covered facility (as so defined), consid17 ered in conjunction with the designated 

18 and actual uses of the impacted navigable 

19 water, there exists a reasonable certainty 

20 of no harm to the health of the general 

21 population, or to any potentially exposed or 

22 susceptible subpopulation; or 

23 ‘‘(ii) if the Administrator determines 

24 that, due to those potential cumulative im25 pacts, there does not exist a reasonable 

186 

•S 3127 IS

1 certainty of no harm to the health of the 

2 general population, or to any potentially 

3 exposed or susceptible subpopulation, the 

4 permit or renewal includes such terms and 

5 conditions as the Administrator determines 

6 to be necessary to ensure a reasonable cer7 tainty of no harm.’’; and 

8 (ii) in paragraph (2), by striking ‘‘as9 sure compliance with the requirements of 

10 paragraph (1) of this subsection, including 

11 conditions on data and information collec12 tion, reporting, and such other require13 ments as he deems appropriate.’’ and in14 serting the following: ‘‘ensure compliance 

15 with the requirements of paragraph (1), in16 cluding— 

17 ‘‘(A) conditions relating to— 

18 ‘‘(i) data and information collection; 

19 ‘‘(ii) reporting; and 

20 ‘‘(iii) such other requirements as the 

21 Administrator determines to be appro22 priate; and 

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

24 defined in section 204(a) of the Protecting 

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187 

•S 3127 IS

1 trols or pollution prevention requirements.’’; 

2 and 

3 (C) in subsection (b)— 

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

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

6 the semicolon at the end and inserting a 

7 period; 

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

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

10 and 

11 (iii) by adding at the end the fol12 lowing: 

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

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

15 section 204(a) of the Protecting Communities from 

16 Plastics Act) if, with respect to an application for 

17 the permit, the State determines, based on an anal18 ysis by the State of existing water quality and the 

19 potential cumulative impacts (as defined in section 

20 501 of the Clean Air Act (42 U.S.C. 7661)) of the 

21 discharge from the covered facility (as so defined), 

22 considered in conjunction with the designated and 

23 actual uses of the impacted navigable water, that the 

24 terms and conditions of the permit or renewal would 

25 not be sufficient to ensure a reasonable certainty of 

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1 no harm to the health of the general population, or 

2 to any potentially exposed or susceptible subpopula3 tion.’’. 

4 (2) CLEAN AIR ACT.— 

5 (A) DEFINITIONS.—Section 501 of the 

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

7 (i) in the matter preceding paragraph 

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

9 and inserting ‘‘In this title:’’; 

10 (ii) by redesignating paragraphs (2), 

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

12 (4), respectively, and moving the para13 graphs so as to appear in numerical order; 

14 and 

15 (iii) by inserting after paragraph (1) 

16 the following: 

17 ‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu18 lative impacts’ means any exposure, public health or 

19 environmental risk, or other effect occurring in a 

20 specific geographical area, including from an emis21 sion or release— 

22 ‘‘(A) including— 

23 ‘‘(i) environmental pollution re24 leased— 

25 ‘‘(I) routinely; 

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1 ‘‘(II) accidentally; or 

2 ‘‘(III) otherwise; and 

3 ‘‘(ii) as assessed based on the com4 bined past, present, and reasonably fore5 seeable emissions and discharges affecting 

6 the geographical area; and 

7 ‘‘(B) evaluated taking into account sen8 sitive populations and socioeconomic factors, 

9 where applicable.’’. 

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

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

12 amended— 

13 (i) in paragraph (5)— 

14 (I) in subparagraphs (A) and 

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

16 appears and inserting ‘‘ensure’’; and 

17 (II) by striking subparagraph (F) 

18 and inserting the following: 

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

20 to or renewed for a covered facility (as defined 

21 in section 204(a) of the Protecting Commu22 nities from Plastics Act), as applicable, if— 

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

24 a permit or renewal of a permit for a 

25 major source that is a covered facility (as 

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1 defined in section 204(a) of the Protecting 

2 Communities from Plastics Act), the per3 mitting authority determines under para4 graph (9)(C)(ii)(I)(bb)(BB) that the terms 

5 and conditions of the permit or renewal 

6 would not be sufficient to ensure a reason7 able certainty of no harm to the health of 

8 the general population, or to any poten9 tially exposed or susceptible subpopulation, 

10 of the applicable census tracts or Tribal 

11 census tracts (as those terms are defined 

12 by the Director of the Bureau of the Cen13 sus); or 

14 ‘‘(ii) the Administrator objects to the 

15 issuance of the permit in a timely manner 

16 under this title.’’; and 

17 (ii) in paragraph (9)— 

18 (I) in the fourth sentence, by 

19 striking ‘‘Such permit revision’’ and 

20 inserting the following: 

21 ‘‘(iii) TREATMENT AS RENEWAL.—A 

22 permit revision under this paragraph’’; 

23 (II) in the third sentence, by 

24 striking ‘‘No such revision shall’’ and 

25 inserting the following: 

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1 ‘‘(ii) EXCEPTION.—A revision under 

2 this paragraph shall not’’; 

3 (III) in the second sentence, by 

4 striking ‘‘Such revisions’’ and insert5 ing the following: 

6 ‘‘(B) REVISION REQUIREMENTS.— 

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

8 in subparagraph (A) or (C)’’; 

9 (IV) by striking ‘‘(9) A require10 ment’’ and inserting the following: 

11 ‘‘(9) MAJOR SOURCES.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (C), a requirement that’’; and 

14 (V) by adding at the end the fol15 lowing: 

16 ‘‘(C) CERTAIN PLASTICS FACILITIES.— 

17 ‘‘(i) DEFINITION OF COVERED FACIL18 ITY.—In this subparagraph, the term ‘cov19 ered facility’ has the meaning given the 

20 term in section 204(a) of the Protecting 

21 Communities from Plastics Act. 

22 ‘‘(ii) ADDITIONAL REQUIREMENTS.— 

23 With respect to any permit or renewal of 

24 a permit, as applicable, for a major source 

25 that is a covered facility, the permitting 

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1 authority, in determining whether to issue 

2 or renew the permit, shall— 

3 ‘‘(I) evaluate the potential cumu4 lative impacts of the proposed covered 

5 facility, as described in the applicable 

6 cumulative impacts analysis submitted 

7 under section 503(b)(3); 

8 ‘‘(II) if, due to those potential 

9 cumulative impacts, the permitting 

10 authority cannot determine that there 

11 exists a reasonable certainty of no 

12 harm to the health of the general pop13 ulation, or to any potentially exposed 

14 or susceptible subpopulation, of any 

15 census tracts or Tribal census tracts 

16 (as those terms are defined by the Di17 rector of the Bureau of the Census) 

18 located in, or immediately adjacent to, 

19 the area in which the covered facility 

20 is, or is proposed to be, located— 

21 ‘‘(aa) include in the permit 

22 or renewal such terms and condi23 tions (including additional con24 trols or pollution prevention re25 quirements) as the permitting 

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1 authority determines to be nec2 essary to ensure a reasonable cer3 tainty of no harm; or 

4 ‘‘(bb) if the permitting au5 thority determines that terms 

6 and conditions described in item 

7 (aa) would not be sufficient to 

8 ensure a reasonable certainty of 

9 no harm, deny the issuance or re10 newal of the permit; 

11 ‘‘(III) determine whether the ap12 plicant is a persistent violator, based 

13 on such criteria relating to the history 

14 of compliance by an applicant with 

15 this Act as the Administrator shall es16 tablish by not later than 180 days 

17 after the date of enactment of the 

18 Protecting Communities from Plastics 

19 Act; 

20 ‘‘(IV) if the permitting authority 

21 determines under subclause (III) that 

22 the applicant is a persistent violator 

23 and the permitting authority does not 

24 deny the issuance or renewal of the 

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1 permit pursuant to subclause 

2 (V)(bb)— 

3 ‘‘(aa) require the applicant 

4 to submit a redemption plan that 

5 describes, if the applicant is not 

6 in compliance with this Act, 

7 measures the applicant will carry 

8 out to achieve that compliance, 

9 together with an approximate 

10 deadline for that achievement, 

11 measures the applicant will carry 

12 out, or has carried out to ensure 

13 the applicant will remain in com14 pliance with this Act, and to 

15 mitigate the environmental and 

16 health effects of noncompliance, 

17 and the measures the applicant 

18 has carried out in preparing the 

19 redemption plan to consult or ne20 gotiate with the communities af21 fected by each persistent viola22 tion addressed in the plan; and 

23 ‘‘(bb) once such a redemp24 tion plan is submitted, determine 

25 whether the plan is adequate to 

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1 ensuring that the applicant will 

2 achieve compliance with this Act 

3 expeditiously, will remain in com4 pliance with this Act, will miti5 gate the environmental and 

6 health effects of noncompliance, 

7 and has solicited and responded 

8 to community input regarding 

9 the redemption plan; and 

10 ‘‘(V) deny the issuance or re11 newal of the permit if the permitting 

12 authority determines that— 

13 ‘‘(aa) the redemption plan 

14 submitted under subclause 

15 (IV)(aa) is inadequate; or 

16 ‘‘(bb)(AA) the applicant has 

17 submitted a redemption plan on 

18 a prior occasion, but continues to 

19 be a persistent violator; and 

20 ‘‘(BB) no indication of ex21 tremely exigent circumstances ex22 cusing the persistent violations 

23 exists.’’. 

24 (C) PERMIT APPLICATIONS.—Section 

25 503(b) of the Clean Air Act (42 U.S.C. 

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1 7661b(b)) is amended by adding at the end the 

2 following: 

3 ‘‘(3) ANALYSES FOR CERTAIN PLASTICS FACILI4 TIES.—The regulations required by section 502(b) 

5 shall include a requirement that an applicant for a 

6 permit or renewal of a permit for a major source 

7 that is a covered facility (as defined in section 

8 204(a) of the Protecting Communities from Plastics 

9 Act) shall submit, together with the compliance plan 

10 required under this subsection, a cumulative impacts 

11 analysis for each census block tract or Tribal census 

12 block tract (as those terms are defined by the Direc13 tor of the Bureau of the Census) located within 10 

14 kilometers of, or immediately adjacent to, the area 

15 in which the major source that is a covered source 

16 (as so defined) is, or is proposed to be, located that 

17 analyzes— 

18 ‘‘(A) community demographics and loca19 tions of community exposure points, such as 

20 residences, schools, daycare centers, nursing 

21 homes, hospitals, health clinics, places of reli22 gious worship, parks, playgrounds, and commu23 nity centers; 

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

25 hazardous air pollutants and criteria pollutants) 

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1 and the potential effect on that air quality of 

2 emissions of air pollutants (including pollutants 

3 listed under section 108 or 112) from the pro4 posed covered facility (as so defined), including 

5 in combination with existing sources of pollut6 ants; 

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

8 water quality, and fish and game of emissions 

9 of air and water pollutants that could contami10 nate soil or water from the proposed major 

11 source, including in combination with existing 

12 sources of pollutants; and 

13 ‘‘(D) public health and any potential ef14 fects on public health of the proposed covered 

15 facility (as so defined).’’. 

16 (j) FINANCIAL ASSURANCE REQUIREMENTS FOR

17 COVERED FACILITIES.— 

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

19 the date of enactment of this Act, the Administrator 

20 shall develop and require as a condition to receiving 

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

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

23 (33 U.S.C. 1251 et seq.) financial assurance require24 ments for new covered facilities that demonstrate 

25 the presence of sufficient financial resources— 

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1 (A) to safely close the covered facility at 

2 the end of the operational life of the covered fa3 cility; or 

4 (B) to provide appropriate emergency re5 sponse in the case of an accidental release. 

6 (2) APPLICATION TO EXISTING COVERED FA7 CILITIES.—The financial assurance requirements 

8 under paragraph (1) shall apply to existing covered 

9 facilities at the time at which an existing covered fa10 cility seeks renewal of a permit under the Clean Air 

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

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

13 applicable. 

14 (k) SITING RESTRICTIONS FOR NEW COVERED FA15 CILITIES.—The issuance or approval of a permit under the 

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

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

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

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

20 community building or area, including a school, a resi21 dence, a daycare center, a nursing home, a hospital, a 

22 health clinic, a place of religious worship, a park, a play23 ground, and a community center. 

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1 SEC. 205. MICROPLASTICS RESEARCH AND DIRECTIVES. 

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

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

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

5 (b) NATIONAL RECYCLING STRATEGY LIMITATION.— 

6 The Administrator shall not expand the scope of the Na7 tional Recycling Strategy of the Environmental Protection 

8 Agency to include facilities that treat plastic waste 

9 through the use of pyrolysis, gasification, or similar chem10 ical recycling technologies. 

11 (c) FOOD AND DRUG ADMINISTRATION STUDY.— 

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

13 and Drugs, in consultation with the Secretary of Ag14 riculture and the heads of other necessary Federal 

15 departments and agencies, such as the Director of 

16 the National Institute of Standards and Technology, 

17 shall conduct a nationwide study on the presence 

18 and sources of microplastics in food (including 

19 drink) products, including food products containing 

20 fish, meat, fruits, or vegetables. 

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

22 date of enactment of this Act, the Commissioner of 

23 Food and Drugs shall submit to Congress, and make 

24 publicly available, a report describing the results of 

25 the study under this subsection. 

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1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this subsection. 

4 (d) MICROPLASTICS PILOT PROGRAM.— 

5 (1) ESTABLISHMENT.—The Administrator shall 

6 establish a pilot program (referred to in this sub7 section as the ‘‘pilot program’’) to test the efficacy 

8 and cost-effectiveness of tools, technologies, and 

9 techniques— 

10 (A) to remove microplastics from the envi11 ronment without causing additional harm to the 

12 environment; and 

13 (B) to prevent the release of microplastics 

14 into the environment. 

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

16 program, the Administrator shall include testing of, 

17 and an analysis and mitigation of any environmental 

18 impacts on— 

19 (A) natural infrastructure; 

20 (B) green infrastructure (as defined in sec21 tion 502 of the Federal Water Pollution Control 

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

23 (C) mechanical removal systems (such as 

24 pumps) and filtration technologies, including 

25 consideration of potential negative ecological 

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1 impacts that may result from filtration in nat2 ural waterways and ocean waters. 

3 (3) ELIGIBLE LOCATIONS.—The Administrator 

4 may carry out under the pilot program projects lo5 cated in— 

6 (A) stormwater systems; 

7 (B) wastewater treatment facilities; 

8 (C) drinking water systems; 

9 (D) ports, harbors, inland waterways, estu10 aries, and marine environments; and 

11 (E) roadways, highways, and other streets 

12 used for vehicular travel. 

13 (4) OUTREACH.—In determining selection cri14 teria and projects to carry out under the pilot pro15 gram, the Administrator shall conduct outreach to— 

16 (A) the Interagency Marine Debris Coordi17 nating Committee established by section 5(a) of 

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

19 and 

20 (B) stakeholders and experts in the appli21 cable field, as determined by the Administrator. 

22 (5) REPORTS.— 

23 (A) OUTREACH ACTIVITIES.—Not later 

24 than 180 days after the date of enactment of 

25 this Act, the Administrator shall submit to ConVerDate Sep 11 2014 05:20 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\S3127.IS S3127
202 

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1 gress a report describing the outreach con2 ducted under paragraph (4). 

3 (B) PROJECT EFFECTIVENESS.—Not later 

4 than 3 years after the date on which the Ad5 ministrator establishes the pilot program, the 

6 Administrator shall submit to Congress a report 

7 describing the effectiveness of projects carried 

8 out under the pilot program. 

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

10 year after the date on which the Administrator sub11 mits to Congress the report required under para12 graph (5)(B), the Administrator shall initiate a rule13 making to address abatement and mitigation of 

14 microplastics in the locations described in paragraph 

15 (3) using technologies and methods tested under the 

16 pilot program. 

17 (7) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this subsection. 

20 (e) NATIONAL INSTITUTES OF HEALTH RE21 SEARCH.— 

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

23 Institutes of Health shall conduct or support re24 search on the presence of microplastics in the 

25 human body, which may include determining how 

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1 the presence of microplastics in organs and biospeci2 mens, including urine, breastmilk, and stool, impacts 

3 human health. 

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

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

6 of the 4 years thereafter, the Director of the Na7 tional Institutes of Health shall submit to Congress, 

8 and make publicly available, a report that provides 

9 an overview of the research conducted or supported 

10 under this subsection, together with any relevant 

11 findings. 

12 (3) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated such sums 

14 as are necessary to carry out this subsection. 

15 SEC. 206. REDUCING SINGLE-USE PLASTICS IN AGRI16 CULTURE. 

17 (a) BIODEGRADABLE WEED BARRIERS PRACTICES

18 UNDER EQIP.—The Secretary of Agriculture shall des19 ignate a project to replace the use of on-farm plastic weed 

20 barriers and weed mitigants with nonplastic, biodegrad21 able alternatives as an agricultural conservation practice 

22 or enhancement that meets the requirement described in 

23 section 21001(a)(1)(B)(iii) of Public Law 117–169 (136 

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

25 Act of 2022’’). 

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1 (b) SINGLE-USE PLASTIC FARM PRODUCT PACK2 AGING REDUCTION GRANTS.—Section 210A of the Agri3 cultural Marketing Act of 1946 (7 U.S.C. 1627c) is 

4 amended— 

5 (1) in subsection (b)— 

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

7 the end; 

8 (B) by redesignating paragraph (6) as 

9 paragraph (7); and 

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

11 following: 

12 ‘‘(6) supports the reduction of single-use plas13 tics from the post-production distribution packaging 

14 of agricultural producers; and’’; 

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

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

17 (3) in paragraph (1) of subsection (i) (as so re18 designated), in the matter preceding subparagraph 

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

20 ‘‘subsection (j)(3)(E)’’; 

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

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

23 (5) by inserting after subsection (e) the fol24 lowing: 

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1 ‘‘(f) SINGLE-USE PLASTIC FARM PRODUCT PACK2 AGING REDUCTION GRANTS.— 

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

4 through the Administrator of the Agricultural Mar5 keting Service and in coordination with the Adminis6 trator of the Rural Business-Cooperative Service, 

7 shall provide grants to eligible entities described in 

8 paragraph (2) to significantly reduce or eliminate 

9 single-use plastics from the post-production distribu10 tion packaging of the entities. 

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

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

13 is— 

14 ‘‘(A) an independent producer, as deter15 mined by the Secretary, of a value-added agri16 cultural product; or 

17 ‘‘(B) an agricultural producer group, farm18 er or rancher cooperative, or majority-controlled 

19 producer-based business venture, as determined 

20 by the Secretary. 

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

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

23 $250,000. 

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

25 under paragraph (1) shall be 3 years. 

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

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

3 ‘‘(A) beginning farmers or ranchers; 

4 ‘‘(B) veteran farmers or ranchers; 

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

6 ‘‘(D) socially disadvantaged farmers or 

7 ranchers. 

8 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to carry out 

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

11 2024 through 2032.’’. 

12 TITLE III—PLASTIC PELLET13 FREE WATERS 

14 SEC. 301. EFFLUENT LIMITATIONS FOR WASTEWATER, 

15 SPILLS, AND RUNOFF FROM PLASTIC POLY16 MER PRODUCTION FACILITIES, PLASTIC 

17 MOLDING AND FORMING FACILITIES, AND 

18 OTHER POINT SOURCES ASSOCIATED WITH 

19 THE TRANSPORT AND PACKAGING OF PLAS20 TIC PELLETS OR OTHER PREPRODUCTION 

21 PLASTIC MATERIALS. 

22 Not later than 60 days after the date of enactment 

23 of this Act, the Administrator of the Environmental Pro24 tection Agency (referred to in this section as the ‘‘Admin25 istrator’’) shall promulgate a final rule to ensure that— 

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1 (1) the discharge of plastic pellets or other 

2 preproduction plastic materials (including discharge 

3 into wastewater and other runoff) from facilities reg4 ulated under part 414 or 463 of title 40, Code of 

5 Federal Regulations (as in effect on the date of en6 actment of this Act), is prohibited; 

7 (2) the discharge of plastic pellets or other 

8 preproduction plastic materials (including discharge 

9 into wastewater and other runoff) from a point 

10 source (as defined in section 502 of the Federal 

11 Water Pollution Control Act (33 U.S.C. 1362)) that 

12 makes, uses, packages, or transports those plastic 

13 pellets and other preproduction plastic materials is 

14 prohibited; and 

15 (3) the requirements under paragraphs (1) and 

16 (2) are reflected in— 

17 (A) all wastewater, stormwater, and other 

18 permits issued by the Administrator and State19 delegated programs under section 402 of the 

20 Federal Water Pollution Control Act (33 U.S.C. 

21 1342) to facilities and other point sources (as 

22 defined in section 502 of that Act (33 U.S.C. 

23 1362)) that make, use, package, or transport 

24 plastic pellets or other preproduction plastic 

25 materials, as determined by the Administrator, 

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1 in addition to other applicable limits and stand2 ards; and 

3 (B) all standards of performance promul4 gated under section 312(p) of the Federal 

5 Water Pollution Control Act (33 U.S.C. 

6 1322(p)) that are applicable to point sources 

7 (as defined in section 502 of that Act (33 

8 U.S.C. 1362)) that make, use, package, or 

9 transport plastic pellets or other preproduction 

10 plastic materials, as determined by the Admin11 istrator. 

Æ