I 

117TH CONGRESS 

1ST SESSION H. R. 2238 

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

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

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

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

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Mr. LOWENTHAL (for himself, Ms. CLARK of Massachusetts, Ms. NORTON, 

Ms. BARRAGA ́N, Mr. CARBAJAL, Mr. CONNOLLY, Mr. QUIGLEY, Mr. 

LYNCH, Mr. GOMEZ, Mr. CLEAVER, Mr. RASKIN, Mr. EVANS, Mr. KILDEE, Mr. RUPPERSBERGER, Ms. LEE of California, Mr. MORELLE, Mr. 

HUFFMAN, Mr. LEVIN of California, Ms. VELA ́ZQUEZ, Mr. JONES, Mr. 

KILMER, Mr. SUOZZI, Ms. CLARKE of New York, Ms. SCHAKOWSKY, Mr. 

CASE, Ms. STRICKLAND, Ms. WASSERMAN SCHULTZ, Mr. BLUMENAUER, 

Mr. KHANNA, Mr. MEEKS, Mr. SEAN PATRICK MALONEY of New York, 

Ms. PINGREE, Ms. JACOBS of California, Mr. TRONE, Ms. BROWNLEY, 

Mr. HASTINGS, Mrs. NAPOLITANO, Mr. COHEN, Mr. ESPAILLAT, Mr. 

NADLER, Mrs. CAROLYN B. MALONEY of New York, Ms. NEWMAN, Mr. 

SHERMAN, Mr. WELCH, Mr. CRIST, Ms. MENG, Ms. BONAMICI, Mr. 

SMITH of Washington, Mr. GRIJALVA, Mrs. LURIA, Mrs. TRAHAN, Ms. 

CHU, Ms. MCCOLLUM, Mr. CICILLINE, Ms. DELBENE, Mr. DEFAZIO, 

Mr. JOHNSON of Georgia, Mr. DESAULNIER, Mr. MCGOVERN, Ms. 

TLAIB, Ms. PRESSLEY, Mrs. WATSON COLEMAN, Ms. ESCOBAR, Mr. PANETTA, Mr. DELGADO, Ms. BLUNT ROCHESTER, Mr. KAHELE, Mr. 

KEATING, Mr. AUCHINCLOSS, Mr. SARBANES, Ms. SCANLON, Ms. ROYBAL-ALLARD, Ms. SCHRIER, Ms. WILD, Ms. CASTOR of Florida, Ms. 

JAYAPAL, Ms. DEAN, Ms. ESHOO, Mr. TAKANO, Mrs. DEMINGS, Mr. 

SCOTT of Virginia, Ms. LEGER FERNANDEZ, Mr. MOULTON, Mr. 

NEGUSE, Mr. DEUTCH, Mr. LARSEN of Washington, and Ms. OMAR) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and 

Means, Transportation and Infrastructure, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 


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A BILL 

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

and packaging, to improve the responsibility of producers 

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

of their consumer products and packaging, to prevent 

pollution from consumer products and packaging from 

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

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

3 SECTION 1. SHORT TITLE. 

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

5 Plastic Pollution Act of 2021’’. 

6 SEC. 2. PRODUCER RESPONSIBILITY FOR PRODUCTS AND 

7 PACKAGING. 

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

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

10 the following: 

11 ‘‘Subtitle K—Producer Responsi12 bility for Products and Pack13 aging 

14 ‘‘SEC. 12001. DEFINITIONS. 

15 ‘‘In this subtitle: 

16 ‘‘(1) ADVISORY COMMITTEE.—The term ‘advi17 sory committee’ means an advisory committee estab18 lished by an Organization under section 12102(c). 


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1 ‘‘(2) BEVERAGE.— 

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

3 means any drinkable liquid intended for human 

4 oral consumption, including— 

5 ‘‘(i) water; 

6 ‘‘(ii) flavored water; 

7 ‘‘(iii) soda water; 

8 ‘‘(iv) mineral water; 

9 ‘‘(v) beer; 

10 ‘‘(vi) a malt beverage; 

11 ‘‘(vii) a carbonated soft drink; 

12 ‘‘(viii) liquor; 

13 ‘‘(ix) tea; 

14 ‘‘(x) coffee; 

15 ‘‘(xi) hard cider; 

16 ‘‘(xii) fruit juice; 

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

18 ‘‘(xiv) coconut water; 

19 ‘‘(xv) wine; 

20 ‘‘(xvi) a yogurt drink; 

21 ‘‘(xvii) a probiotic drink; 

22 ‘‘(xviii) a wine cooler; and 

23 ‘‘(xix) any other beverage determined 

24 to be appropriate by the Administrator. 


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

2 does not include— 

3 ‘‘(i) a drug regulated under the Fed4 eral Food, Drug, and Cosmetic Act (21 

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

6 ‘‘(ii) infant formula; or 

7 ‘‘(iii) a meal replacement liquid. 

8 ‘‘(3) BEVERAGE CONTAINER.— 

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

10 container’ means a prepackaged beverage con11 tainer— 

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

13 glass, plastic, metal, and multimaterial; 

14 and 

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

16 than 3 liters. 

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

18 container’ does not include a covered product of 

19 any material used to sell a prepackaged bev20 erage, such as— 

21 ‘‘(i) a carton; 

22 ‘‘(ii) a pouch; or 

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

24 drink box. 


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1 ‘‘(C) INCLUSION.—Notwithstanding sub2 paragraphs (A) and (B), for purposes of the 

3 program under section 12104, the term ‘bev4 erage container’ includes a container for a bev5 erage that is not described in those subpara6 graphs, such as a carton, pouch, or drink box, 

7 the responsible party for which elects to partici8 pate in the program under that section. 

9 ‘‘(4) COMPOSTABLE.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), the term ‘compostable’ means, with 

12 respect to a covered product, that the covered 

13 product— 

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

15 standard specification for compostable 

16 products numbered D6400 or D6868— 

17 ‘‘(aa) as in effect on the date of 

18 enactment of this subtitle; or 

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

20 enactment of this subtitle, if the revi21 sion is approved by the Administrator; 

22 and 

23 ‘‘(II) is labeled to reflect that the cov24 ered product meets a standard described in 

25 subclause (I); 


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1 ‘‘(ii) is certified as a compostable 

2 product by an independent party that is 

3 approved by the Administrator; or 

4 ‘‘(iii) comprises only— 

5 ‘‘(I) wood without any— 

6 ‘‘(aa) coatings; 

7 ‘‘(bb) additives; or 

8 ‘‘(cc) effective beginning on 

9 February 1, 2023, toxic sub10 stances; or 

11 ‘‘(II) natural fiber without any— 

12 ‘‘(aa) coatings; 

13 ‘‘(bb) additives; or 

14 ‘‘(cc) effective beginning on 

15 February 1, 2023, toxic sub16 stances. 

17 ‘‘(B) EXCLUSIONS.—The term 

18 ‘compostable’ shall not apply to— 

19 ‘‘(i) paper; or 

20 ‘‘(ii) effective beginning on February 

21 1, 2023, any covered product that contains 

22 a toxic substance. 

23 ‘‘(5) COVERED PRODUCT.— 


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

2 product’ means, regardless of recyclability, 

3 compostability, and material type— 

4 ‘‘(i) packaging; 

5 ‘‘(ii) a food service product; 

6 ‘‘(iii) paper; 

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

8 subject to the prohibition under section 

9 12202(c); and 

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

11 not described in subparagraphs (A) and 

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

13 pouch, or aseptic packaging, such as a 

14 drink box, the responsible party for which 

15 does not elect to participate in the pro16 gram under section 12104. 

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

18 product’ does not include a beverage container. 

19 ‘‘(6) COVERED RETAIL OR SERVICE ESTABLISH20 MENT.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the term ‘covered retail or service 

23 establishment’ means— 

24 ‘‘(i) any restaurant; or 

25 ‘‘(ii) any business that— 


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1 ‘‘(I) sells food, alcohol, or any 

2 other good or product to the public at 

3 retail; or 

4 ‘‘(II) elects to comply with the 

5 requirements under, as applicable— 

6 ‘‘(aa) section 12201; or 

7 ‘‘(bb) section 12202. 

8 ‘‘(B) EXCEPTION.— 

9 ‘‘(i) IN GENERAL.—The term ‘covered 

10 retail or service establishment’ does not in11 clude any entity described in subparagraph 

12 (A) if the State, or any local government 

13 or political subdivision thereof, in which 

14 that entity is located has been granted a 

15 waiver pursuant to clause (ii). 

16 ‘‘(ii) WAIVER.—The Administrator 

17 shall prescribe regulations providing for 

18 the waiver of the application of section 

19 12201 or 12202 with respect to any State, 

20 or any local government or political sub21 division thereof, that has enacted require22 ments that are similar to the requirements 

23 imposed under that section. 

24 ‘‘(7) FOOD SERVICE PRODUCT.—The term ‘food 

25 service product’ means an item intended to deliver a 


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1 food product, regardless of the recyclability or 

2 compostability of the item, including— 

3 ‘‘(A) a utensil; 

4 ‘‘(B) a straw; 

5 ‘‘(C) a drink cup; 

6 ‘‘(D) a drink lid; 

7 ‘‘(E) a food package; 

8 ‘‘(F) a food container; 

9 ‘‘(G) a plate; 

10 ‘‘(H) a bowl; 

11 ‘‘(I) a meat tray; and 

12 ‘‘(J) a food wrap. 

13 ‘‘(8) MICROFIBER.—The term ‘microfiber’ 

14 means a particle that— 

15 ‘‘(A) has a fibrous shape; 

16 ‘‘(B) is less than 5 millimeters in any di17 rection; and 

18 ‘‘(C) is released at any point during the 

19 full life cycle of a textile, including production, 

20 use, cleaning, recycling, and disposal. 

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

22 means a Producer Responsibility Organization estab23 lished under section 12102(a)(1). 

24 ‘‘(10) PACKAGING.— 


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

2 means— 

3 ‘‘(i) any package or container, regard4 less of recyclability or compostability; and 

5 ‘‘(ii) any part of a package or con6 tainer, regardless of recyclability or 

7 compostability, that includes material that 

8 is used for the containment, protection, 

9 handling, delivery, and presentation of 

10 goods that are sold, offered for sale, or dis11 tributed to consumers in the United 

12 States, including through an internet 

13 transaction. 

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

15 includes packaging described in subparagraph 

16 (A) that is— 

17 ‘‘(i) intended for the consumer mar18 ket; 

19 ‘‘(ii) service packaging designed and 

20 intended to be used or filled at the point 

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

22 bags, take-out bags, and home delivery 

23 food service packaging; 

24 ‘‘(iii) secondary packaging used to 

25 group products for multiunit sale; 


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1 ‘‘(iv) tertiary packaging used for 

2 transportation or distribution directly to a 

3 consumer; and 

4 ‘‘(v) ancillary elements hung or at5 tached to a product and performing a 

6 packaging function. 

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

8 does not include packaging described in sub9 paragraph (A) that is— 

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

11 or storage of a product; and 

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

13 years. 

14 ‘‘(11) PAPER.— 

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

16 means paper that is sold, offered for sale, deliv17 ered, or distributed to a consumer or business 

18 in the United States. 

19 ‘‘(B) INCLUSIONS.—The term ‘paper’ in20 cludes— 

21 ‘‘(i) newsprint and inserts; 

22 ‘‘(ii) magazines and catalogs; 

23 ‘‘(iii) direct mail; 

24 ‘‘(iv) office paper; and 

25 ‘‘(v) telephone directories. 


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

2 not include— 

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

4 intended use of the paper product, could 

5 become unsafe or unsanitary to recycle; or 

6 ‘‘(ii) a bound book. 

7 ‘‘(12) PLAN.—The term ‘Plan’ means a Prod8 uct Stewardship Plan described in section 12105. 

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

10 Product Stewardship Program established under sec11 tion 12102(a)(2). 

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

13 means, with respect to a covered product or beverage 

14 container, that— 

15 ‘‘(A) the covered product or beverage con16 tainer can be economically and technically recy17 cled in current United States market condi18 tions; 

19 ‘‘(B) United States processing capacity is 

20 in operation to recycle, with the geographical 

21 distribution of the capacity aligned with the 

22 population of geographical regions of the 

23 United States, of the total quantity of the cov24 ered product or beverage container— 


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1 ‘‘(i) for each of calendar years 2021 

2 through 2024, not less than 25 percent; 

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

4 through 2029, not less than 35 percent; 

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

6 through 2034, not less than 50 percent; 

7 and 

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

9 calendar year thereafter, not less than 60 

10 percent; 

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

12 product or beverage container is not required to 

13 remove an attached component of the covered 

14 product or beverage container, such as a shrink 

15 sleeve, label, or filter, before the covered prod16 uct or beverage container can be recycled; and 

17 ‘‘(D) effective beginning on February 1, 

18 2023, the covered product or beverage container 

19 does not contain a toxic substance. 

20 ‘‘(15) RECYCLE.— 

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

22 means the series of activities by which a cov23 ered product is— 

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

25 and 


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

2 with minimal loss of material quality; 

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

4 product, including the original product; or 

5 ‘‘(III) in the case of composting or or6 ganic recycling, productively used for soil 

7 improvement. 

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

9 not include— 

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

11 and aggregating materials from solid waste 

12 that does not preserve the original material 

13 quality, and, as a result, the aggregated 

14 material is no longer usable for its initial 

15 purpose or a substantially similar product 

16 and can only be used for inferior purposes 

17 or products (commonly referred to as 

18 ‘downcycling’); 

19 ‘‘(ii) the use of waste— 

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

21 ‘‘(II) for energy production; 

22 ‘‘(III) for repurposing into infra23 structure, including— 

24 ‘‘(aa) pavement for streets 

25 or sidewalks; 


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1 ‘‘(bb) building materials; 

2 and 

3 ‘‘(cc) other infrastructure 

4 projects, as determined by the 

5 Administrator; 

6 ‘‘(IV) for alternate operating 

7 cover; or 

8 ‘‘(V) within the footprint of a 

9 landfill; or 

10 ‘‘(iii) the conversion of waste into al11 ternative products, such as chemicals, feed12 stocks, fuels, and energy, through— 

13 ‘‘(I) incineration; 

14 ‘‘(II) pyrolysis; 

15 ‘‘(III) hydropyrolysis; 

16 ‘‘(IV) methanolysis; 

17 ‘‘(V) gasification; or 

18 ‘‘(VI) a similar technology, as de19 termined by the Administrator. 

20 ‘‘(16) RESPONSIBLE PARTY.— 

21 ‘‘(A) BEVERAGE CONTAINERS.— 

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

23 beverage sold in a beverage container, the 

24 term ‘responsible party’ means— 


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1 ‘‘(I) a person that engages in the 

2 distribution or sale of the beverage in 

3 a beverage container to a retailer in 

4 the United States, including any man5 ufacturer that engages in that sale or 

6 distribution; 

7 ‘‘(II) if subclause (I) does not 

8 apply, a person that engages in the 

9 sale of the beverage in a beverage con10 tainer directly to a consumer in the 

11 United States; or 

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

13 do not apply, a person that imports 

14 the beverage sold in a beverage con15 tainer into the United States for use 

16 in a commercial enterprise, sale, offer 

17 for sale, or distribution in the United 

18 States. 

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

20 subparagraph: 

21 ‘‘(I) DISTRIBUTOR.—The term 

22 ‘distributor’ means a person that en23 gages in the sale of beverages in bev24 erage containers to a retailer in the 

25 United States. 


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1 ‘‘(II) MANUFACTURER.—The 

2 term ‘manufacturer’ means a person 

3 bottling, canning, or otherwise filling 

4 beverage containers for sale to dis5 tributors, importers, or retailers. 

6 ‘‘(III) RETAILER.— 

7 ‘‘(aa) IN GENERAL.—The 

8 term ‘retailer’ means a person in 

9 the United States that— 

10 ‘‘(AA) engages in the 

11 sale of beverages in beverage 

12 containers to a consumer; or 

13 ‘‘(BB) provides bev14 erages in beverage con15 tainers to a person in com16 merce, including provision 

17 free of charge, such as at a 

18 workplace or event. 

19 ‘‘(bb) INCLUSION.—The 

20 term ‘retailer’ includes a person 

21 that engages in the sale of or 

22 provides beverages in beverage 

23 containers, as described in item 

24 (aa), through a vending machine 

25 or similar means. 


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

2 to a covered product, the term ‘responsible 

3 party’ means— 

4 ‘‘(i) a person that manufactures and 

5 uses in a commercial enterprise, sells, of6 fers for sale, or distributes the covered 

7 product in the United States under the 

8 brand of the manufacturer; 

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

10 person that is not the manufacturer of the 

11 covered product but is the owner or li12 censee of a trademark under which the 

13 covered product is used in a commercial 

14 enterprise, sold, offered for sale, or distrib15 uted in the United States, whether or not 

16 the trademark is registered; or 

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

18 apply, a person that imports the covered 

19 product into the United States for use in 

20 a commercial enterprise, sale, offer for 

21 sale, or distribution in the United States. 

22 ‘‘(17) RESTAURANT.— 

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

24 means an establishment the primary business of 

25 which is the preparation of food or beverage— 


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

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

3 consumable immediately at the establish4 ment, whether or not the food or beverage 

5 is consumed within the confines of the 

6 place where the food or beverage is pre7 pared; or 

8 ‘‘(iii) in a consumable form for con9 sumption outside the place where the food 

10 or beverage is prepared. 

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

12 includes a fast food restaurant. 

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

14 with respect to a covered product or beverage con15 tainer, that the covered product or beverage con16 tainer is— 

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

18 in United States market conditions; and 

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

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

21 Administrator determines to be appropriate for 

22 the covered product or beverage container. 

23 ‘‘(19) SINGLE-USE PRODUCT.— 

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

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1 tinely disposed of, recycled, or otherwise dis2 carded after a single use. 

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

4 product’ does not include— 

5 ‘‘(i) medical food, supplements, de6 vices, or other products determined by the 

7 Secretary of Health and Human Services 

8 to necessarily be made of plastic for the 

9 protection of public health; 

10 ‘‘(ii) personal protective equipment, 

11 including— 

12 ‘‘(I) masks; 

13 ‘‘(II) gloves; 

14 ‘‘(III) face shields; and 

15 ‘‘(IV) other personal protective 

16 equipment determined by Secretary of 

17 Health and Human Services to be 

18 necessarily made out of plastic for the 

19 protection of public health; 

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

21 due to the intended use of the product, 

22 could become unsafe or unsanitary to recy23 cle, such as a diaper; or 

24 ‘‘(iv) packaging that is— 


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1 ‘‘(I) for any product described in 

2 clause (i); or 

3 ‘‘(II) used for the shipment of 

4 hazardous materials that is prohibited 

5 from being composed of used mate6 rials under section 178.509 or 

7 178.522 of title 49, Code of Federal 

8 Regulations (as in effect on the date 

9 of enactment of this subtitle). 

10 ‘‘(20) TOXIC SUBSTANCE.— 

11 ‘‘(A) IN GENERAL.—The term ‘toxic sub12 stance’ means any substance, mixture, or com13 pound that may cause personal injury or dis14 ease to humans through ingestion, inhalation, 

15 or absorption through any body surface and 

16 satisfies 1 or more of the following conditions: 

17 ‘‘(i) The substance, mixture, or com18 pound is subject to reporting requirements 

19 under— 

20 ‘‘(I) the Emergency Planning 

21 and Community Right-To-Know Act 

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

23 ‘‘(II) the Comprehensive Envi24 ronmental Response, Compensation, 


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

2 9601 et seq.); or 

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

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

5 ‘‘(ii) Testing has produced evidence 

6 recognized by the National Institute for 

7 Occupational Safety and Health or the En8 vironmental Protection Agency that the 

9 substance, mixture, or compound poses 

10 acute or chronic health hazards. 

11 ‘‘(iii) The Administrator or the Sec12 retary of Health and Human Services has 

13 issued a public health advisory for the sub14 stance, mixture, or compound. 

15 ‘‘(iv) Exposure to the substance, mix16 ture, or compound is shown by expert tes17 timony recognized by the Environmental 

18 Protection Agency to increase the risk of 

19 developing a latent disease. 

20 ‘‘(v) The substance, mixture, or com21 pound is— 

22 ‘‘(I) a perfluoroalkyl or 

23 polyfluoroalkyl substance; 

24 ‘‘(II) an ortho-phthalate; 


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1 ‘‘(III) a bisphenol compound (not 

2 including an alkyl-substituted 

3 bisphenol compound generated 

4 through a xylenol-aldehyde process); 

5 or 

6 ‘‘(IV) a halogenated or nanoscale 

7 flame retardant chemical. 

8 ‘‘(B) EXCLUSIONS.—The term ‘toxic sub9 stance’ does not include— 

10 ‘‘(i) a pesticide applied— 

11 ‘‘(I) in accordance with Federal, 

12 State, and local laws (including regu13 lations); and 

14 ‘‘(II) in accordance with the in15 structions of the manufacturer of the 

16 pesticide; or 

17 ‘‘(ii) ammunition, a component of am18 munition, a firearm, an air rifle, discharge 

19 of a firearm or an air rifle, hunting or 

20 fishing equipment, or a component of 

21 hunting or fishing equipment. 

22 ‘‘(21) TRANSLATION SERVICES.—The term 

23 ‘translation services’ means professional language in24 terpretation and translation services provided in any 

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1 ulation residing within a community for written doc2 uments and notices and oral communications. 

3 ‘‘(22) UNITED STATES.—The term ‘United 

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

5 all of the States. 

6 ‘‘(23) UTENSIL.— 

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

8 means a product designed to be used by a con9 sumer to facilitate the consumption of a food or 

10 beverage. 

11 ‘‘(B) INCLUSIONS.—The term ‘utensil’ in12 cludes a knife, a fork, a spoon, a spork, a cock13 tail pick, a chopstick, a splash stick, and a stir14 rer. 

15 ‘‘PART I—PRODUCTS IN THE MARKETPLACE 

16 ‘‘SEC. 12101. EXTENDED PRODUCER RESPONSIBILITY. 

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

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

19 party for any covered product or beverage sold in a bev20 erage container that is sold, distributed, or imported into 

21 the United States shall— 

22 ‘‘(1) participate as a member of an Organiza23 tion for which a Plan is approved by the Adminis24 trator; and 


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1 ‘‘(2) through that participation, satisfy the per2 formance targets under section 12105(g). 

3 ‘‘(b) EXEMPTIONS.—A responsible party for a cov4 ered product or beverage sold in a beverage container, in5 cluding a responsible party that operates as a single point 

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

7 of, a franchise, shall not be subject to this part if the re8 sponsible party— 

9 ‘‘(1)(A) for fiscal year 2022, has an annual rev10 enue of less than $1,000,000; and 

11 ‘‘(B) for fiscal year 2023 and each subsequent 

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

13 applicable amount during the preceding fiscal year, 

14 as adjusted to reflect changes for the 12-month pe15 riod ending on the preceding November 30 in the 

16 Consumer Price Index for All Urban Consumers 

17 published by the Bureau of Labor Statistics of the 

18 Department of Labor; or 

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

20 of covered products or beverage containers in com21 merce each year. 

22 ‘‘(c) ENFORCEMENT.— 

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

24 any person that is a responsible party for a covered 

25 product or beverage sold in a beverage container to 


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1 sell, use, or distribute any covered product or bev2 erage sold in a beverage container in commerce ex3 cept in compliance with this part. 

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

5 paragraph (1) shall be subject to a fine for each vio6 lation and for each day that the violation occurs in 

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

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

9 may bring a civil action to enjoin the sale, distribu10 tion, or importation into the United States of a cov11 ered product or beverage sold in a beverage con12 tainer in violation of this part. 

13 ‘‘(4) STATE ENFORCEMENT.—The Adminis14 trator may permit a State to carry out enforcement 

15 under paragraph (2) or (3) if the Administrator de16 termines that the State meets such requirements as 

17 the Administrator may establish. 

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

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

20 Clayton Act (15 U.S.C. 12), shall not apply to a respon21 sible party or Organization that carries out activities in 

22 accordance with an approved Plan if the conduct is nec23 essary to plan and implement the Plan. 

24 ‘‘SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS. 

25 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) ESTABLISHMENT.—To satisfy the require2 ment under section 12101(a)(1), 1 or more respon3 sible parties for a category of covered product or 

4 beverage sold in a beverage container shall establish 

5 a Producer Responsibility Organization that shall 

6 act as an agent and on behalf of each responsible 

7 party to carry out the responsibilities of the respon8 sible party under this part with respect to that cat9 egory of covered product or beverage sold in a bev10 erage container. 

11 ‘‘(2) PROGRAM.—An Organization shall estab12 lish a Product Stewardship Program to carry out 

13 the responsibilities of the Organization under this 

14 part. 

15 ‘‘(3) COORDINATION.—If more than 1 Organi16 zation is established under paragraph (1) with re17 spect to a category of covered product or beverage 

18 sold in a beverage container, the Administrator 

19 shall— 

20 ‘‘(A) coordinate and manage those Organi21 zations; or 

22 ‘‘(B) establish an entity— 

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

24 and 


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1 ‘‘(ii) to conduct business between 

2 those Organizations and State and local 

3 governments. 

4 ‘‘(4) MULTIPLE ORGANIZATIONS.—A respon5 sible party— 

6 ‘‘(A) may participate in more than 1 Orga7 nization if each Organization is established for 

8 a different category of covered products or bev9 erages sold in beverage containers; and 

10 ‘‘(B) may participate in— 

11 ‘‘(i) only 1 national Organization with 

12 respect to— 

13 ‘‘(I) each category of covered 

14 products; or 

15 ‘‘(II) beverages sold in beverage 

16 containers; or 

17 ‘‘(ii) only 1 regional Organization with 

18 respect to beverages sold in beverage con19 tainers and each category of covered prod20 ucts for each region in which the covered 

21 products or beverages sold in beverage con22 tainers produced by the responsible party 

23 are sold. 

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

25 shall be established and operated as an organization 


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1 described in section 501(c)(3) of the Internal Rev2 enue Code of 1986 and exempt from taxation under 

3 501(a) of that Code. 

4 ‘‘(6) CATEGORIES.—The Administrator, in con5 sultation with Organizations, shall promulgate regu6 lations to establish categories of covered products 

7 and beverages sold in beverage containers for pur8 poses of this part. 

9 ‘‘(b) PARTICIPATION FEES.— 

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

11 an Organization shall charge each responsible party 

12 a fee for membership in the Organization in accord13 ance with this subsection. 

14 ‘‘(2) COMPONENTS.—A fee charged to a respon15 sible party under paragraph (1) shall include— 

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

17 accordance with paragraph (3); and 

18 ‘‘(B) administrative costs in accordance 

19 with paragraph (4). 

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

21 ‘‘(A) IN GENERAL.—A fee under para22 graph (1) shall include, with respect to a re23 sponsible party, the costs of management 

24 (which shall include costs assessed by the advi25 sory committee for the Organization, in conVerDate Sep 11 2014 00:38 May 27, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2238.IH H2238

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1 sultation with municipalities, other government 

2 entities, contracted entities, and other stake3 holders, for collecting, transporting, processing, 

4 recycling, and composting) or cleaning up the 

5 covered products or beverage containers of the 

6 responsible party after consumer use through 

7 the applicable Program, including administra8 tive costs. 

9 ‘‘(B) CONSIDERATIONS.—In determining 

10 the costs of management and cleanup described 

11 in subparagraph (A) with respect to a respon12 sible party, an Organization shall, at a min13 imum, take into account— 

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

15 applicable category of covered product or 

16 beverage container waste; 

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

18 the covered product or beverage container 

19 waste, including waste generated before 

20 the date of enactment of this subtitle, of 

21 the responsible party from— 

22 ‘‘(I) public places; 

23 ‘‘(II) freshwater and marine envi24 ronments, to the extent that cleanup 

25 can be accomplished without harming 


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1 the existing marine life and intact 

2 ecosystems; and 

3 ‘‘(III) materials in compost facili4 ties or other facilities handling or5 ganic wastes; 

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

7 covered products or beverage containers 

8 from freshwater and marine environments 

9 cannot be accomplished without harming 

10 the existing freshwater and marine life and 

11 intact ecosystems, the cost of other appro12 priate mitigation measures; 

13 ‘‘(iv) the higher cost of managing cov14 ered products that— 

15 ‘‘(I) bond materials together, 

16 making the covered product more dif17 ficult to recycle, such as plastic bond18 ed with paper or metal; 

19 ‘‘(II) would typically be recycla20 ble or compostable, but, as a con21 sequence of the design of the covered 

22 product, has the effect of disrupting 

23 recycling or composting processes; 

24 ‘‘(III) includes labels, inks, lin25 ers, and adhesives containing— 


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1 ‘‘(aa) heavy metals; or 

2 ‘‘(bb) effective beginning on 

3 February 1, 2023, other toxic 

4 substances; or 

5 ‘‘(IV) cannot be mechanically re6 cycled; 

7 ‘‘(v) the lower cost of managing— 

8 ‘‘(I) beverage containers that 

9 have— 

10 ‘‘(aa) nondetachable caps; or 

11 ‘‘(bb) other innovations and 

12 design characteristics to prevent 

13 littering; and 

14 ‘‘(II) contact containers and 

15 other covered products that— 

16 ‘‘(aa) are specifically de17 signed to be reusable or refillable; 

18 and 

19 ‘‘(bb) have a high reuse or 

20 refill rate; 

21 ‘‘(vi) covered products with lower en22 vironmental impacts, including— 

23 ‘‘(I) covered products that are 

24 made of— 


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

3 ‘‘(bb) at least 90 percent by 

4 weight of any combination of— 

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

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

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

13 ‘‘(aa) have direct contact 

14 with food; or 

15 ‘‘(bb) help divert food waste 

16 from a landfill; and 

17 ‘‘(vii) the percentage of postconsumer 

18 recycled content verified by an independent 

19 party designated by the Administrator that 

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

24 ‘‘(4) ADMINISTRATIVE COSTS.— 


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

3 ‘‘(i) the administrative costs to the 

4 Organization of carrying out the Program; 

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

6 administering this part with respect to the 

7 applicable Organization, including— 

8 ‘‘(I) oversight, including annual 

9 oversight; 

10 ‘‘(II) issuance of any rules; 

11 ‘‘(III) planning; 

12 ‘‘(IV) Plan review; 

13 ‘‘(V) compliance; 

14 ‘‘(VI) outreach and education; 

15 ‘‘(VII) professional language in16 terpretation and translation services 

17 for all publicly distributed materials; 

18 ‘‘(VIII) enforcement; 

19 ‘‘(IX) sufficient staff positions to 

20 administer this part; and 

21 ‘‘(X) other activities directly re22 lated to the activities described in sub23 clauses (I) through (IX); and 


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

2 out enforcement with respect to the appli3 cable Organization. 

4 ‘‘(B) CONSIDERATION.—In determining 

5 the fee for a responsible party under subpara6 graph (A), an Organization shall consider the 

7 company size and annual revenue of the respon8 sible party. 

9 ‘‘(C) REIMBURSEMENT.—An Organization 

10 shall reimburse— 

11 ‘‘(i) the Administrator for costs de12 scribed subparagraph (A)(ii) incurred by 

13 the Administrator; and 

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

15 subparagraph (A)(iii) incurred by the 

16 State. 

17 ‘‘(D) ADMINISTRATOR REIMBURSEMENTS

18 ACCOUNT.— 

19 ‘‘(i) IN GENERAL.—The Administrator 

20 shall deposit reimbursements received from 

21 an Organization under subparagraph (C)(i) 

22 into a dedicated account established for 

23 that Organization, which shall be available 

24 to the Administrator for activities of the 


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1 Administrator associated with overseeing 

2 the Plan and Program of the Organization. 

3 ‘‘(ii) REPORTS.—Not less frequently 

4 than annually, the Administrator shall— 

5 ‘‘(I) submit to Congress a report 

6 describing the amount of reimburse7 ments deposited into each account 

8 under clause (i); and 

9 ‘‘(II) make the report described 

10 in subclause (I) publicly available. 

11 ‘‘(5) APPROVAL.— 

12 ‘‘(A) IN GENERAL.—Before an Organiza13 tion may charge a fee or revise the amount of 

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

15 ‘‘(i) the Organization shall submit to 

16 the Administrator the fee structure and 

17 the methodology for determining that fee 

18 structure; and 

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

20 notification of approval of the fee structure 

21 under subparagraph (B)(ii); or 

22 ‘‘(II) the fee structure shall be consid23 ered approved under subparagraph (C). 


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

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

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

5 Administrator determines that the fee 

6 structure is in accordance with this sub7 section; or 

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

12 ‘‘(ii) notify the Organization of— 

13 ‘‘(I) the determination under 

14 clause (i); and 

15 ‘‘(II) in the case of a denial 

16 under clause (i)(II), the reasons for 

17 the denial and recommendations for 

18 revisions that are likely to be ap19 proved. 

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

21 the Administrator does not make a determina22 tion under clause (i) of subparagraph (B) by 

23 the date required under that subparagraph, the 

24 fee structure shall be considered to be approved. 

25 ‘‘(c) ADVISORY COMMITTEES.— 


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1 ‘‘(1) IN GENERAL.—An Organization shall es2 tablish an advisory committee that represents a 

3 range of interested and engaged persons relevant to 

4 the category of covered products or beverages sold in 

5 beverage containers of the applicable Program, in6 cluding— 

7 ‘‘(A) collection providers; 

8 ‘‘(B) cleanup service providers; 

9 ‘‘(C) recyclers; 

10 ‘‘(D) composters; and 

11 ‘‘(E) governmental entities. 

12 ‘‘(2) COMPOSITION.— 

13 ‘‘(A) IN GENERAL.—At a minimum, an ad14 visory committee shall include individuals rep15 resenting each of— 

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

17 trade association; 

18 ‘‘(ii) States; 

19 ‘‘(iii) cities, including— 

20 ‘‘(I) small and large cities; and 

21 ‘‘(II) cities located in urban and 

22 rural counties; 

23 ‘‘(iv) counties, including— 

24 ‘‘(I) small and large counties; 

25 and 


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1 ‘‘(II) urban and rural counties; 

2 ‘‘(v) public sector recycling, 

3 composting, and solid waste industries for 

4 the applicable type of product or pack5 aging; 

6 ‘‘(vi) private sector recycling, 

7 composting, and solid waste industries for 

8 the applicable type of product or pack9 aging; 

10 ‘‘(vii) recycled feedstock users for the 

11 applicable type of product or packaging; 

12 ‘‘(viii) public place litter programs; 

13 ‘‘(ix) freshwater and marine litter pro14 grams; 

15 ‘‘(x) environmental organizations; 

16 ‘‘(xi) disability advocates; 

17 ‘‘(xii) Indian Tribes; and 

18 ‘‘(xiii) environmental and human 

19 health scientists. 

20 ‘‘(B) REQUIREMENTS.— 

21 ‘‘(i) IN GENERAL.—Each individual 

22 serving on an advisory committee may rep23 resent only 1 category described in clauses 

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


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1 ‘‘(ii) DISPROPORTIONATE REPRESEN2 TATION.—An Organization shall ensure 

3 that no category described in clauses (i) 

4 through (xiii) of subparagraph (A) has dis5 proportionate representation on an advi6 sory committee. 

7 ‘‘(3) PUBLIC COMMENT.— 

8 ‘‘(A) IN GENERAL.—Each year, an Organi9 zation shall provide a process to receive com10 ments from additional stakeholders and commu11 nity members, which to the maximum extent 

12 practicable shall include diverse ethnic popu13 lations. 

14 ‘‘(B) COMMUNICATION METHODS AND RE15 QUIREMENTS.—With respect to the public com16 ment process described in subparagraph (A), an 

17 Organization— 

18 ‘‘(i) shall provide translation services; 

19 and 

20 ‘‘(ii)(I) shall not require members of 

21 the public to produce a form of identifica22 tion or register their names, provide other 

23 information, complete a questionnaire, or 

24 otherwise fulfill any condition precedent to 

25 attending a public hearing; and 


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1 ‘‘(II) shall include on any attendance 

2 list, register, questionnaire, or other simi3 lar document that is used during a public 

4 hearing a clear statement that the signing, 

5 registering, or completion of the document 

6 is voluntary. 

7 ‘‘(4) EXPENSES.— 

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

9 reimburse representatives of community groups, 

10 Indian Tribes, State and local governments, 

11 and nonprofit organizations for expenses relat12 ing to participating on the advisory committee. 

13 ‘‘(B) OTHER MEMBERS.—Other members 

14 of the advisory committee may be compensated 

15 for travel expenses as needed to ensure the abil16 ity of those members to participate on the advi17 sory committee. 

18 ‘‘(C) LANGUAGE AND INTERPRETATION

19 SERVICES.—An Organization shall be finan20 cially responsible for providing translation serv21 ices under paragraphs (3)(B)(i) and (6)(E). 

22 ‘‘(5) DUTIES OF ADVISORY COMMITTEES.—An 

23 advisory committee shall— 

24 ‘‘(A)(i) prepare a Plan for the Organiza25 tion and any revisions to that Plan; and 


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1 ‘‘(ii) submit to the Organization that Plan 

2 or revisions to the Plan for review and approval 

3 under paragraph (6)(B); and 

4 ‘‘(B) submit to the Organization and di5 rectly to the Administrator any reports, rec6 ommendations, or objections of the advisory 

7 committee relating to the Plan, fee structure, or 

8 other activities of the Organization. 

9 ‘‘(6) DUTIES.—An Organization— 

10 ‘‘(A) shall hold an advisory committee 

11 meeting at least once per year; 

12 ‘‘(B) shall review and approve the Plan or 

13 revisions to the Plan submitted by an advisory 

14 committee under paragraph (5)(A)(ii) prior to 

15 the submission to the Administrator of the Plan 

16 or revisions under section 12105; 

17 ‘‘(C) shall include a summary of advisory 

18 committee engagement and input in the report 

19 under section 12107; 

20 ‘‘(D) shall not modify a Plan without the 

21 approval of the advisory committee of the Orga22 nization; and 

23 ‘‘(E) shall provide translation services for 

24 any member of the advisory committee. 


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1 ‘‘SEC. 12103. COVERED PRODUCT MANAGEMENT. 

2 ‘‘(a) IN GENERAL.—In carrying out a Program, a re3 sponsible party, acting through an Organization, shall— 

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

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

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

7 providing for the collection and sorting of cov8 ered products in accordance with subsection (b); 

9 or 

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

11 carrying out the responsibilities under section 

12 12104(e); and 

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

14 for the cleanup of covered products or beverage con15 tainers that become litter. 

16 ‘‘(b) COLLECTION.— 

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

18 widespread, convenient, and equitable access to op19 portunities for the collection of covered products in 

20 accordance with this subsection. 

21 ‘‘(2) CONVENIENCE.— 

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graph (B), collection opportunities described in 

24 paragraph (1) shall— 

25 ‘‘(i) be provided throughout each 

26 State, Tribal land, and territory in which 


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1 the applicable covered product is sold, in2 cluding in rural and island communities; 

3 ‘‘(ii) be as convenient as trash collec4 tion in the applicable area; and 

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

6 the applicable covered product by curbside 

7 collection is not practicable, be, as deter8 mined by the Administrator, and in the 

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

10 or more residents, subject to the approval 

11 of the city, available for not less than 95 

12 percent of the population of the applicable 

13 area within— 

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

15 a 10-minute walk; or 

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

17 the longer of— 

18 ‘‘(aa) a 45-minute drive; and 

19 ‘‘(bb) the time to drive to 

20 the nearest rural service center. 

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

22 waive the requirement under subparagraph (A) 

23 after— 


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1 ‘‘(i) consultation with the advisory 

2 committee of the applicable Organization 

3 and other appropriate stakeholders; and 

4 ‘‘(ii) approval by the unit of local gov5 ernment with jurisdiction over the applica6 ble area. 

7 ‘‘(3) METHODS.— 

8 ‘‘(A) CURBSIDE OR MULTIFAMILY COLLEC9 TION.—With respect to a geographic area de10 scribed in paragraph (2)(A), an Organization 

11 shall, at a minimum, provide the opportunity 

12 for the collection of the applicable covered prod13 uct through a curbside or multifamily recycling 

14 collection service, if— 

15 ‘‘(i) curbside collection is provided, as 

16 of the date of enactment of this subtitle, to 

17 residents in single family and multifamily 

18 residences in an applicable area; 

19 ‘‘(ii) the category of covered prod20 uct— 

21 ‘‘(I) is suitable for curbside or 

22 multifamily recycling collection; and 

23 ‘‘(II) can be effectively sorted by 

24 facilities receiving the covered product 

25 after collection; and 


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1 ‘‘(iii) the provider of the service 

2 agrees— 

3 ‘‘(I) to accept the category of 

4 covered product; and 

5 ‘‘(II) to a compensation agree6 ment described in subparagraph (C). 

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

8 the method described in subparagraph (A), an 

9 Organization may comply with the requirement 

10 under paragraph (1) by— 

11 ‘‘(i) entering into an agreement 

12 with— 

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

14 program through which consumers 

15 may drop off the covered product at a 

16 designated location (commonly known 

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

18 ‘‘(II) a retailer that accepts the 

19 covered product from consumers 

20 (commonly known as ‘retailer take21 back’); or 

22 ‘‘(ii) such other means as the Organi23 zation determines to be appropriate, in24 cluding by establishing a collection pro25 gram or service, including a program or 


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1 service that provides collection from public 

2 spaces. 

3 ‘‘(C) COMPENSATION AGREEMENTS.— 

4 ‘‘(i) IN GENERAL.—An Organization 

5 may comply with this subsection by enter6 ing into an agreement with a governmental 

7 or private entity under which the Organi8 zation compensates the entity for the col9 lection of covered products. 

10 ‘‘(ii) REQUIREMENT.—As part of a 

11 compensation agreement under clause (i), 

12 an Organization shall offer to provide re13 imbursement of not less than 100 percent 

14 of the cost to the entity of managing the 

15 covered products, including, as applicable, 

16 administrative costs, sorting, and reproc17 essing. 

18 ‘‘(4) MANAGING COLLECTED COVERED PROD19 UCTS.—In carrying out this subsection, an Organi20 zation shall— 

21 ‘‘(A) ensure that— 

22 ‘‘(i) the collection means and systems 

23 used direct the covered product waste to— 

24 ‘‘(I) facilities that are effective in 

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1 uct waste prior to shipment in a form 

2 ready for remanufacture into new 

3 products; or 

4 ‘‘(II) other facilities that the Ad5 ministrator determines appropriately 

6 manage the covered product waste; 

7 ‘‘(ii) covered products are managed in 

8 an environmentally sound and socially just 

9 manner at reprocessing, disposal, or other 

10 facilities operating with human health and 

11 environmental protection standards that 

12 are broadly equivalent to the standards re13 quired in— 

14 ‘‘(I) the United States; or 

15 ‘‘(II) other countries that are 

16 members of the Organization for Eco17 nomic Cooperation and Development; 

18 and 

19 ‘‘(iii) the Program includes measures 

20 to track, verify, and publicly report that 

21 covered products are managed responsibly 

22 and not reexported to countries in which 

23 standards described in clause (ii) are not 

24 met; and 

25 ‘‘(B) take measures— 


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

2 that retains material quality; 

3 ‘‘(ii) to meet the necessary quality 

4 standards for the relevant facilities that 

5 manufacture new products from the col6 lected, sorted, and reprocessed materials; 

7 and 

8 ‘‘(iii) to prioritize the recycling of 

9 products and packaging into uses that 

10 achieve the greatest environmental benefits 

11 from displacing the use of virgin materials. 

12 ‘‘(5) COSTS.— 

13 ‘‘(A) IN GENERAL.—A responsible party or 

14 an Organization may not charge an entity de15 scribed in subparagraph (B) any amount for 

16 the cost of carrying out this subsection. 

17 ‘‘(B) ENTITIES DESCRIBED.—An entity re18 ferred to in subparagraph (A) is a single family 

19 or multifamily dwelling or publicly owned land 

20 (such as a sidewalk, plaza, and park) for which 

21 a recycling collection service is provided. 

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

23 ‘‘(A) requires a governmental entity to pro24 vide for the collection of covered products; or 


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1 ‘‘(B) prohibits a governmental entity from 

2 providing for the collection and sorting of cov3 ered products. 

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

5 shall— 

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

7 entities that collect covered product or beverage con8 tainer litter from public places or freshwater or ma9 rine environments in the United States, including 

10 Tribal land and territories; and 

11 ‘‘(2) coordinate product design and Program in12 novations to reduce covered product or beverage con13 tainer waste. 

14 ‘‘(d) MINIMUM FUNDING REQUIREMENTS.— 

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

16 for a fiscal year, an Organization shall ensure 

17 that— 

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

19 the date on which the Organization is estab20 lished, not less than 50 percent is used for the 

21 improvement and development of new market, 

22 recycling, or composting infrastructure in the 

23 United States, which may include installing or 

24 upgrading equipment at existing sorting and re25 processing facilities— 


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1 ‘‘(I) to improve sorting of covered 

2 product waste; or 

3 ‘‘(II) to mitigate the impacts of cov4 ered product waste to other commodities; 

5 and 

6 ‘‘(ii) for each year thereafter, such percent7 age as the Administrator may establish, but not 

8 less than 10 percent, is used for the purposes 

9 described in clause (i); and 

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

11 ‘‘(i) cleanup activities under sub12 section (c)(1); and 

13 ‘‘(ii) the removal of covered product 

14 or beverage container contaminants at 

15 compost facilities and other facilities that 

16 manage organic materials. 

17 ‘‘(2) DETERMINATION OF EXPENDITURES.— 

18 For purposes of carrying out paragraph (1), Pro19 gram expenditures for a fiscal year shall be based 

20 on— 

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

22 the Program, budgeted expenditures for the fis23 cal year; and 


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1 ‘‘(B) in the case of each fiscal year there2 after, Program expenditures for the previous 

3 fiscal year. 

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

5 ‘‘(a) RESPONSIBILITIES OF RESPONSIBLE PAR6 TIES.— 

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

8 beverages sold in beverage containers shall— 

9 ‘‘(A) charge to a retailer to which the bev10 erage in a beverage container is delivered a de11 posit in the amount of the applicable refund 

12 value described in subsection (c) on delivery; 

13 and 

14 ‘‘(B) on receipt of an empty beverage con15 tainer from a retailer, pay to the retailer a re16 fund in the amount of the applicable refund 

17 value described in subsection (c). 

18 ‘‘(2) USE OF DEPOSITS FROM UNREDEEMED

19 BEVERAGE CONTAINERS.—A responsible party shall 

20 use any amounts received as deposits under para21 graph (1)(A) for which an empty beverage container 

22 is not returned to the Organization responsible for 

23 the material of the beverage container for invest24 ment in collection, recycling, and reuse infrastruc25 ture. 


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1 ‘‘(b) RESPONSIBILITIES OF RETAILERS.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), each retailer of beverages in beverage 

4 containers shall— 

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

6 beverage in a beverage container is sold a de7 posit in the amount of the applicable refund 

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

9 ‘‘(B) on receipt of an empty beverage con10 tainer from a customer, pay to the customer a 

11 refund in the amount of the applicable refund 

12 value described in subsection (c); 

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

14 a refund under subparagraph (B)— 

15 ‘‘(i) during any period that the re16 tailer is open for business; and 

17 ‘‘(ii) regardless of whether the specific 

18 beverage container was sold by the retailer; 

19 and 

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

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

22 brand and size of beverage container and pay a 

23 refund under subparagraph (B) for the bev24 erage container, regardless of whether the reVerDate Sep 11 2014 00:38 May 27, 2021 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H2238.IH H2238

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1 tailer sells that brand or size of beverage con2 tainer. 

3 ‘‘(2) EXCEPTIONS.— 

4 ‘‘(A) DIRTY OR DAMAGED.—A retailer de5 scribed in paragraph (1) may refuse to accept 

6 a beverage container and pay a refund under 

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

8 ‘‘(i) visibly contains or is contami9 nated by a substance other than— 

10 ‘‘(I) water; 

11 ‘‘(II) residue of the original con12 tents; or 

13 ‘‘(III) ordinary dust; or 

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

15 refund label appearing on the container 

16 cannot be identified. 

17 ‘‘(B) CONTAINER LIMITATION.— 

18 ‘‘(i) LARGE RETAILERS.—A retailer 

19 described in paragraph (1) that is equal to 

20 or greater than 5,000 square feet may 

21 refuse to accept, and pay a refund under 

22 paragraph (1)(B) for, more than 250 bev23 erage containers per person per day. 

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

25 described in paragraph (1) that is less 


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1 than 5,000 square feet may refuse to ac2 cept, and pay a refund under paragraph 

3 (1)(B) for, more than 50 beverage con4 tainers per person per day. 

5 ‘‘(C) BRAND AND SIZE.—A retailer de6 scribed in paragraph (1) that is less than 5,000 

7 square feet may refuse to accept, and pay a re8 fund under paragraph (1)(B) for, a brand or 

9 size of beverage container that the retailer does 

10 not sell. 

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

12 in paragraph (1) that is a restaurant may 

13 refuse to accept, and pay a refund under para14 graph (1)(B) for, a beverage container that the 

15 restaurant did not sell. 

16 ‘‘(E) OTHER MEANS OF RETURN.—The 

17 Administrator may permit the establishment of 

18 convenience zones, under which a retailer within 

19 a convenience zone is exempt from this sub20 section if the Administrator determines that the 

21 retailer— 

22 ‘‘(i) is located within close proximity 

23 to a redemption center established under 

24 subsection (e)(2); and 


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1 ‘‘(ii) shares in the cost of the oper2 ation of that redemption center with the 

3 responsible party. 

4 ‘‘(c) APPLICABLE REFUND VALUE.— 

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

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

7 not less than 10 cents. 

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

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

10 subtitle, the Administrator may— 

11 ‘‘(A) increase the minimum refund value 

12 under paragraph (1) to account for— 

13 ‘‘(i) inflation; and 

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

15 meet performance targets described in sec16 tion 12105(g); or 

17 ‘‘(B) decrease the minimum refund value 

18 under paragraph (1) to account for beverage 

19 containers that— 

20 ‘‘(i) are specifically designed to be re21 usable or refillable; and 

22 ‘‘(ii) have a high reuse or refill rate. 

23 ‘‘(3) DISCRETIONARY INCREASES.—A respon24 sible party, with respect to a covered product or bev25 erage container, or a State may require a refund 


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1 value that is more than the minimum refund value 

2 under paragraph (1). 

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

4 distributor of a beverage in a beverage container that is 

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

6 beverage container a standardized description of the appli7 cable refund value in such a manner that the description 

8 is clearly visible. 

9 ‘‘(e) RESPONSIBILITIES OF ORGANIZATIONS.— 

10 ‘‘(1) COLLECTION AND STORAGE.—An Organi11 zation of responsible parties for beverages sold in 

12 beverage containers shall facilitate collection and 

13 storage of beverage containers that are returned to 

14 retailers under this section by providing storage or 

15 other means to collect the beverage containers until 

16 collection for recycling, such as reverse vending or 

17 other convenient options for consumers. 

18 ‘‘(2) REDEMPTION CENTERS.— 

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

20 responsible parties for beverages sold in bev21 erage containers shall establish and operate fa22 cilities to accept beverage containers from con23 sumers. 

24 ‘‘(B) REQUIREMENTS.—A facility estab25 lished under subparagraph (A) shall— 


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

2 public— 

3 ‘‘(I) each day other than a Fed4 eral or local holiday; and 

5 ‘‘(II) not less than 10 hours each 

6 day; 

7 ‘‘(ii) accept— 

8 ‘‘(I) any beverage container; and 

9 ‘‘(II) not less than 350 beverage 

10 containers per person per day; and 

11 ‘‘(iii) provide— 

12 ‘‘(I) hand or automated counts 

13 conducted by staff of the facility; 

14 ‘‘(II) a drop door for consumers 

15 to drop off bags of mixed beverage 

16 containers for staff of the facility to 

17 count, for which the facility may col18 lect a convenience fee; or 

19 ‘‘(III) any other convenient 

20 means of receiving and counting bev21 erage containers, as determined by the 

22 Administrator. 

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

24 may pay an entity that collects curbside recycling 

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1 section (c) for beverage containers collected, based 

2 on weight or another measurement that approxi3 mates the amount of the refunds, as negotiated by 

4 the Organization and the entity. 

5 ‘‘(f) EXCLUDED STATES.— 

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

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

8 that— 

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

10 before the date of enactment of this subtitle; 

11 and 

12 ‘‘(B) enacts legislation after the date of en13 actment of this subtitle to update the beverage 

14 container law described in subparagraph (A) to 

15 be consistent with the refund value amounts 

16 under, and beverage containers covered by, this 

17 part. 

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

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

20 the eligible State by a distributor, retailer, manufac21 turer, importer, or Organization shall be considered 

22 to be compliance with this section. 

23 ‘‘(3) CONFORMITY.—An eligible State is en24 couraged to negotiate with relevant Organizations on 

25 updated features of the beverage container law of 


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1 the eligible State, such as sharing new revenue from 

2 increased deposits. 

3 ‘‘SEC. 12105. PRODUCT STEWARDSHIP PLANS. 

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

5 2023, each Organization shall submit to the Administrator 

6 a Product Stewardship Plan that describes how the Orga7 nization will carry out the responsibilities of the Organiza8 tion under this part. 

9 ‘‘(b) CONTENTS.—Each Plan shall contain, at a min10 imum— 

11 ‘‘(1) contact information for the Organization 

12 submitting the Plan; 

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

14 and brands covered by the applicable Program, in15 cluding organization structure for each responsible 

16 party; and 

17 ‘‘(3) a description of— 

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

19 beverage sold in a beverage container covered 

20 by the Plan; 

21 ‘‘(B) funding for the Organization, includ22 ing how fees will be structured and collected in 

23 accordance with section 12102(b)(5). 

24 ‘‘(C) performance targets under subsection 

25 (g); 


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1 ‘‘(D) the means by which each type of cov2 ered product or beverage container will be col3 lected in accordance with section 12103 or 

4 12104, as applicable, to meet— 

5 ‘‘(i) the consumer convenience and ge6 ographic coverage standards for collection 

7 under this part; and 

8 ‘‘(ii) the performance targets under 

9 subsection (g); 

10 ‘‘(E) consumer education plans in accord11 ance with section 12106; 

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

13 process for answering citizen or customer ques14 tions and resolving issues; 

15 ‘‘(G) sound management practices for 

16 worker health and safety; 

17 ‘‘(H) plans for complying with design-for18 environment and labeling requirements under 

19 sections 12303 and 12304, respectively; 

20 ‘‘(I) the means by which responsible par21 ties will work with, improve, and fund existing 

22 recycling, composting, litter cleanup, and dis23 posal programs and infrastructure; 

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

25 covered products; 


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1 ‘‘(K) the process to consider and establish 

2 innovative means to increase collection of cov3 ered products; 

4 ‘‘(L) the means by which the Organization 

5 is mitigating fraud in the applicable Program; 

6 ‘‘(M) the means by which responsible par7 ties will consult with the Federal Government, 

8 State and local governments, and any other im9 portant stakeholders; and 

10 ‘‘(N) plans for market development. 

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

12 after receiving a Plan under subsection (a), the Adminis13 trator shall— 

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

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

16 determination of the Administrator under paragraph 

17 (1). 

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

19 2023, not later than 60 days after receiving a notification 

20 of approval of a Plan under subsection (c)(2), the applica21 ble Organization shall begin implementation of the Plan. 

22 ‘‘(e) EXPIRATION.—A Plan— 

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

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

25 ‘‘(2) may be renewed. 


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

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

3 if— 

4 ‘‘(1) the performance targets under subsection 

5 (g) are not being met; or 

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

7 otherwise warrants a revision. 

8 ‘‘(g) PERFORMANCE TARGETS.— 

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

10 achievable performance targets for the collection and 

11 recycling of the applicable covered product or bev12 erage container in accordance with section 12103 or 

13 12104, as applicable. 

14 ‘‘(2) MINIMUM REQUIREMENTS.—Performance 

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

16 by weight of covered product— 

17 ‘‘(A) by December 31, 2027— 

18 ‘‘(i) 65 percent of all covered prod19 ucts, except paper, recycled; 

20 ‘‘(ii) 75 percent of all beverage con21 tainers and paper covered products recy22 cled; and 

23 ‘‘(iii) 50 percent of all industrially 

24 compostable covered products composted; 


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1 ‘‘(B) by December 31, 2030, 15 percent of 

2 covered products for which packaging is elimi3 nated or offered in reusable packaging; 

4 ‘‘(C) by such dates as the Administrator 

5 determines to be appropriate after December 

6 31, 2030, such percentage of covered products 

7 for which packaging shall be eliminated or that 

8 shall be offered in reusable packaging as the 

9 Administrator determines to be appropriate; 

10 and 

11 ‘‘(D) by December 31, 2032— 

12 ‘‘(i) 80 percent of all covered prod13 ucts, except paper, recycled; 

14 ‘‘(ii) 90 percent of all beverage con15 tainers and paper covered products recy16 cled; and 

17 ‘‘(iii) 70 percent of all industrially 

18 compostable covered products composted. 

19 ‘‘(3) LABELING RESTRICTION.—A responsible 

20 party for a covered product shall not include on the 

21 covered product a label claiming that the covered 

22 product is recyclable or compostable if the covered 

23 product does not satisfy the performance targets 

24 under paragraph (2). 


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1 ‘‘SEC. 12106. OUTREACH AND EDUCATION. 

2 ‘‘(a) IN GENERAL.—A Program shall include the pro3 vision of outreach and education to consumers throughout 

4 the United States regarding— 

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

6 products and beverage containers; 

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

8 and drop-off collection opportunities; 

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

10 and beverage containers; and 

11 ‘‘(4) recycling and composting instructions that 

12 are— 

13 ‘‘(A) consistent nationwide, except as nec14 essary to take into account differences among 

15 State and local laws; 

16 ‘‘(B) easy to understand; and 

17 ‘‘(C) easily accessible, including accessi18 bility in multiple languages to reach a diverse 

19 ethnic population. 

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

21 subsection (a) shall— 

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

23 goals of covered products and beverage containers 

24 under this part, including the prevention of contami25 nation by covered products and beverage containers 

26 in other management systems or in other materials; 


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1 ‘‘(2) be coordinated across programs nationally 

2 to avoid confusion for consumers; and 

3 ‘‘(3) include, at a minimum— 

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

5 and communications with the advisory com6 mittee of the applicable Organization and other 

7 stakeholders; 

8 ‘‘(B) coordinating with and assisting local 

9 municipal programs, municipal contracted pro10 grams, solid waste collection companies, and 

11 other entities providing services to the Pro12 gram; 

13 ‘‘(C) developing and providing outreach 

14 and education to the diverse ethnic populations 

15 of the United States through translated and 

16 culturally appropriate materials, including in17 language and targeted outreach; 

18 ‘‘(D) establishing consumer websites and 

19 mobile applications that provide information 

20 about methods to prevent covered product and 

21 beverage container pollution and how consumers 

22 may access and use collection services; 

23 ‘‘(E) working with Program participants to 

24 label covered products and beverage containers 

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1 sibly managing covered product and beverage 

2 container waste; and 

3 ‘‘(F) determining the effectiveness of out4 reach, education, communications, and conven5 ience of services through periodic surveys of 

6 consumers. 

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

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

9 being met with respect to an Organization, the Organiza10 tion shall— 

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

12 of outreach and education efforts under this section 

13 to determine whether changes are necessary to im14 prove those outreach and education efforts; and 

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

16 improve outreach and education efforts under this 

17 section. 

18 ‘‘SEC. 12107. REPORTING. 

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

20 make available on a publicly available website a report that 

21 contains— 

22 ‘‘(1) with respect to covered products or bev23 erages in beverage containers sold or imported by 

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

25 minimum— 


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

2 beverage containers sold or imported and col3 lected, by submaterial type and State, for the 

4 year covered by the report and each prior year; 

5 ‘‘(B) management of the covered products 

6 or beverage containers, including recycling 

7 rates, by submaterial type, for the year covered 

8 by the report and each prior year; 

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

10 quantity of reclaimed covered products or bev11 erage containers, by submaterial type, including 

12 the form of any covered products or beverage 

13 containers exported; 

14 ‘‘(D) contamination in the recycling stream 

15 of the covered products or beverage containers; 

16 ‘‘(E) collection service vendors and collec17 tion locations, including— 

18 ‘‘(i) the geographic distribution of col19 lection; 

20 ‘‘(ii) distance to population centers; 

21 ‘‘(iii) hours; 

22 ‘‘(iv) actions taken to reduce barriers 

23 to collection by expanding curbside collec24 tion or facilitating drop-offs; and 


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1 ‘‘(v) frequency of collection avail2 ability; 

3 ‘‘(F) efforts to reduce environmental im4 pacts at each stage of the lifecycle of the cov5 ered products or beverage containers; and 

6 ‘‘(G) the quantity of covered products that 

7 have been eliminated or replaced by reusable 

8 packaging, delineated by submaterial type and 

9 State, for the year covered by the report and 

10 for each prior year for which a report was sub11 mitted; 

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

13 for the Organization; 

14 ‘‘(3) expenses of the Organization; 

15 ‘‘(4) outreach and education efforts under sec16 tion 12106, including the results of those efforts; 

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

18 ‘‘(6) performance relative to the performance 

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

20 ‘‘(7) the status of packaging innovation and de21 sign characteristics to prevent littering, make cov22 ered products or beverage containers reusable or re23 fillable, or reduce overall covered product and bev24 erage container waste; and 


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1 ‘‘(8) any other information that the Adminis2 trator determines to be appropriate. 

3 ‘‘(b) CONSISTENCY.—Organizations shall make ef4 forts to coordinate reporting under subsection (a) to pro5 vide for consistency of information across a category of 

6 covered products or beverage containers. 

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

8 conduct an audit of— 

9 ‘‘(1) collection and recycling to provide an ac10 counting of the collection and recycling of covered 

11 products and beverage containers that are not pro12 duced by a responsible party or an Organization; 

13 and 

14 ‘‘(2) covered products and beverage containers 

15 of brand names found in litter to provide for an ac16 counting of covered products and other litter that 

17 continues to create pollution. 

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

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

20 the Administrator shall prepare and make publicly avail21 able a report describing— 

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

23 State and local governments for the management 

24 and cleanup of covered products and beverage con25 tainers; and 


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

2 a result of any reductions of costs described in para3 graph (1). 

4 ‘‘PART II—REDUCTION OF SINGLE-USE 

5 PRODUCTS 

6 ‘‘SEC. 12201. PROHIBITION ON SINGLE-USE PLASTIC CARRY7 OUT BAGS. 

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

9 this section: 

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

11 bag’ means a bag that is— 

12 ‘‘(A) made of plastic; and 

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

14 establishment to a customer at the point of 

15 sale, home delivery, the check stand, cash reg16 ister, or other point of departure to a customer 

17 for use to transport, deliver, or carry away pur18 chases. 

19 ‘‘(2) EXCLUSIONS.—The term ‘single-use plas20 tic bag’ does not include— 

21 ‘‘(A) a bag that is subject to taxation 

22 under section 4056 of the Internal Revenue 

23 Code of 1986; 

24 ‘‘(B) a bag that— 


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1 ‘‘(i) is made a material other than 

2 plastic film; 

3 ‘‘(ii) is woven or nonwoven nylon, 

4 polypropylene, polyethylene-terephthalate, 

5 or Tyvek in a quantity less than 80 grams 

6 per square meter; 

7 ‘‘(iii) has handles that are stitched 

8 and not heat-fused; and 

9 ‘‘(iv) is machine washable; or 

10 ‘‘(C) a covered product that is— 

11 ‘‘(i) used by a consumer inside a 

12 store— 

13 ‘‘(I) to package bulk items, such 

14 as fruit, vegetables, nuts, grains, 

15 candy, unwrapped prepared foods or 

16 bakery goods, or small hardware 

17 items; or 

18 ‘‘(II) to contain or wrap— 

19 ‘‘(aa) prepackaged or non20 prepackaged frozen foods, meat, 

21 or fish; or 

22 ‘‘(bb) flowers, potted plants, 

23 or other items the dampness of 

24 which may require the use of the 

25 nonhandled bag; 


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1 ‘‘(ii) a bag sold at retail in packages 

2 containing multiple bags intended to con3 tain garbage or pet waste; 

4 ‘‘(iii) a newspaper bag; 

5 ‘‘(iv) a door hanger bag; or 

6 ‘‘(v) a laundry or dry cleaning bag. 

7 ‘‘(b) PROHIBITION.—A covered retail or service es8 tablishment shall not provide at the point of sale a single9 use plastic bag to a customer. 

10 ‘‘(c) ENFORCEMENT.— 

11 ‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO12 LATION.—If a covered retail or service establishment 

13 violates subsection (b), the Administrator shall pro14 vide that covered retail or service establishment with 

15 written notification regarding the violation of the re16 quirement under that subsection. 

17 ‘‘(2) SUBSEQUENT VIOLATIONS.— 

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

19 service establishment, subsequent to receiving a 

20 written notification described in paragraph (1), 

21 violates subsection (b), the Administrator shall 

22 fine the covered retail or service establishment 

23 in accordance with subparagraph (B). 


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1 ‘‘(B) AMOUNT OF PENALTY.—For each 

2 violation during a calendar year, the amount of 

3 the penalty under subparagraph (A) shall be— 

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

5 $250; 

6 ‘‘(ii) in the case of the second viola7 tion, $500; and 

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

9 or any subsequent violation, $1,000. 

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

11 any subsequent violation under this paragraph 

12 by a covered retail or service establishment, the 

13 Administrator may seize any single-use plastic 

14 bags in the possession of the covered retail or 

15 service establishment. 

16 ‘‘(D) LIMITATION.—In the case of a cov17 ered retail or service establishment the annual 

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

19 penalty shall not be imposed under this para20 graph more than once during any 7-day period. 

21 ‘‘(3) STATE ENFORCEMENT.—The Adminis22 trator may permit a State to carry out enforcement 

23 under this subsection if the Administrator deter24 mines that the State meets such requirements as the 

25 Administrator may establish. 


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

2 section shall take effect on January 1, 2023. 

3 ‘‘SEC. 12202. REDUCTION OF OTHER SINGLE-USE PROD4 UCTS. 

5 ‘‘(a) PROHIBITION ON PLASTIC UTENSILS AND PLAS6 TIC STRAWS.— 

7 ‘‘(1) UTENSILS.—A covered retail or service es8 tablishment may not use, provide, distribute, or sell 

9 a plastic utensil. 

10 ‘‘(2) PLASTIC STRAWS.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graphs (B) and (C), a covered retail or service 

13 establishment that sells food or beverages— 

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

15 may not provide a plastic straw to a cus16 tomer; 

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

18 customer who requests a plastic straw; 

19 ‘‘(iii) shall provide accessible means of 

20 communication, across all ordering plat21 forms used by the covered retail or service 

22 establishment (such as online, mobile, and 

23 in-person), for customers to request a plas24 tic straw; and 


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

2 for customers who request plastic straws. 

3 ‘‘(B) EFFECTIVE FUNCTIONAL EQUIVA4 LENTS.—If the Administrator, in consultation 

5 with the National Council on Disability and ad6 vocates representing the disability and environ7 mental communities, determines that an effec8 tive functional equivalent to a plastic straw that 

9 can be recycled, composted, or disposed with 

10 minimal harm to the environment has been de11 veloped— 

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

13 apply; and 

14 ‘‘(ii) a covered retail or service estab15 lishment may not provide a plastic straw to 

16 a customer. 

17 ‘‘(C) EXCLUSION.—Subparagraph (A) 

18 shall not apply to the sale of plastic straws in 

19 bulk for home or personal use. 

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

21 retail or service establishment may provide, dis22 tribute, or sell a reusable, compostable, or recyclable 

23 alternative to a plastic utensil or plastic straw 

24 only— 

25 ‘‘(A) on request of a customer; 


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1 ‘‘(B) in the case of a compostable or recy2 clable alternative, if composting or recycling, as 

3 applicable, for the item is provided and locally 

4 accessible; and 

5 ‘‘(C) effective beginning on February 1, 

6 2023, if the alternative does not contain a toxic 

7 substance. 

8 ‘‘(b) PROHIBITION ON OTHER SINGLE-USE PROD9 UCTS.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graphs (3) and (4), a covered retail or service estab12 lishment may not sell or distribute any single-use 

13 product that the Administrator determines is not re14 cyclable or compostable and can be replaced by a re15 usable or refillable item. 

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

17 paragraph (1), the Administrator shall include— 

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

19 service products, disposable consumer coolers, 

20 or shipping packaging; 

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

22 such as miniature bottles containing shampoo, 

23 soap, and lotion that are provided at hotels or 

24 motels; 

25 ‘‘(C) noncompostable produce stickers; and 


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1 ‘‘(D) such other products that the Admin2 istrator determines by regulation to be appro3 priate. 

4 ‘‘(3) EXCEPTION.—The prohibition under para5 graph (1) shall not apply to the sale or distribution 

6 of an expanded polystyrene cooler for any medical 

7 use determined to be necessary by the Secretary of 

8 Health and Human Services. 

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

10 may grant a temporary waiver of not more than 1 

11 year from the prohibition under paragraph (1) for 

12 the use of expanded polystyrene in shipping pack13 aging to protect a product of high value if a viable 

14 alternative to expanded polystyrene is not available. 

15 ‘‘(c) ENFORCEMENT.— 

16 ‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO17 LATION.—If a covered retail or service establishment 

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

19 shall provide that covered retail or service establish20 ment with written notification regarding the viola21 tion of the requirement under that subsection. 

22 ‘‘(2) SUBSEQUENT VIOLATIONS.— 

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

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1 graph (1), violates subsection (a) or (b), the 

2 Administrator shall fine the covered retail or 

3 service establishment in accordance with sub4 paragraph (B). 

5 ‘‘(B) AMOUNT OF PENALTY.—For each 

6 violation during a calendar year, the amount of 

7 the penalty under subparagraph (A) shall be— 

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

9 $250; 

10 ‘‘(ii) in the case of the second viola11 tion, $500; and 

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

13 or any subsequent violation, $1,000. 

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

15 any subsequent violation under this paragraph 

16 by a covered retail or service establishment, the 

17 Administrator may seize any plastic products 

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

19 in the possession of the covered retail or service 

20 establishment. 

21 ‘‘(D) LIMITATION.—In the case of a cov22 ered retail or service establishment the annual 

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

24 penalty shall not be imposed under this para25 graph more than once during any 7-day period. 


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1 ‘‘(3) STATE ENFORCEMENT.—The Adminis2 trator may permit a State to carry out enforcement 

3 under this subsection if the Administrator deter4 mines that the State meets such requirements as the 

5 Administrator may establish. 

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

7 section shall take effect on January 1, 2023. 

8 ‘‘SEC. 12203. STUDY AND ACTION ON PLASTIC TOBACCO FIL9 TERS AND ELECTRONIC CIGARETTES. 

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

11 of enactment of this subtitle, the Administrator, in con12 junction with the Commissioner of Food and Drugs and 

13 the Director of the National Institutes of Health, shall 

14 conduct a study on— 

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

16 tobacco filters made from plastic; and 

17 ‘‘(2) the environmental impacts of electronic 

18 cigarettes, including disposable components of elec19 tronic cigarettes. 

20 ‘‘(b) REPORT TO CONGRESS.— 

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

22 after the date on which the study under subsection 

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

24 with the Commissioner of Food and Drugs, shall 

25 submit to the committees described in paragraph (2) 


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1 a report describing recommendations to establish a 

2 program to reduce litter from, and the environ3 mental impacts of, single-use tobacco filter products 

4 and electronic cigarettes. 

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

6 to in paragraph (1) are— 

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

8 Labor, and Pensions of the Senate; 

9 ‘‘(B) the Committee on Environment and 

10 Public Works of the Senate; 

11 ‘‘(C) the Committee on Commerce, 

12 Science, and Transportation of the Senate; and 

13 ‘‘(D) the Committee on Energy and Com14 merce of the House of Representatives. 

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

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

17 with the Commissioner of Food and Drugs, shall publish 

18 in the Federal Register for public comment— 

19 ‘‘(1) the report; and 

20 ‘‘(2) a description of the actions the Adminis21 trator and the Commissioner of Food and Drugs in22 tend to take during the 1-year period after the date 

23 of publication to reduce litter from, and the environ24 mental impacts of, single-use tobacco filter products 

25 and electronic cigarettes, including recommendations 


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1 for incorporating plastic tobacco filters and elec2 tronic cigarette components into an extended pro3 ducer responsibility program. 

4 ‘‘PART III—RECYCLING AND COMPOSTING 

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

6 ‘‘The Administrator, in consultation with Organiza7 tions, State and local governments, and affected stake8 holders, shall issue guidance to standardize recycling and 

9 composting collection across communities and States. 

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

11 PRODUCTS CONTAINING RECYCLED CON12 TENT. 

13 ‘‘(a) PLASTIC BEVERAGE CONTAINERS.— 

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

15 the Administrator shall require each responsible 

16 party for plastic beverage containers to make the 

17 plastic beverage containers— 

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

19 recycled content from United States sources; 

20 ‘‘(B) by 2030, of 50 percent post-consumer 

21 recycled content from United States sources; 

22 ‘‘(C) by 2035, of 70 percent post-consumer 

23 recycled content from United States sources; 


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

2 recycled content from United States sources; 

3 and 

4 ‘‘(E) by such dates thereafter as the Ad5 ministrator shall establish, such percentages of 

6 post-consumer recycled content from United 

7 States sources as the Administrator determines 

8 by a rule to be appropriate. 

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

10 results of the study under subsection (b)(1), the Ad11 ministrator may issue regulations to modify 1 or 

12 more of the percentages described in subparagraphs 

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

14 ‘‘(3) NONTOXIC REQUIREMENT.—The Adminis15 trator shall require each responsible party for plastic 

16 beverage containers to ensure that, effective begin17 ning on February 1, 2023, the plastic beverage con18 tainers do not contain any toxic substances. 

19 ‘‘(b) OTHER COVERED PRODUCTS AND BEVERAGE

20 CONTAINERS.— 

21 ‘‘(1) STUDY.—The Administrator, in coordina22 tion with the Director of the National Institute of 

23 Standards and Technology, the Commissioner of 

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

25 Federal agency, shall carry out a study to determine 


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1 the technical and safe minimum post-consumer recy2 cled content requirements for covered products and 

3 beverage containers, including beverage containers 

4 composed of glass, aluminum, and other materials. 

5 ‘‘(2) REPORT.— 

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

7 after the date of enactment of this subtitle, the 

8 Administrator shall submit to Congress a report 

9 describing the results of the study under para10 graph (1), including— 

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

12 projected consumption of covered products 

13 and use of beverage containers in the 

14 United States; 

15 ‘‘(ii) an estimate of current and pro16 jected future recycling rates of covered 

17 products and beverage containers in the 

18 United States; 

19 ‘‘(iii) an assessment of techniques and 

20 recommendations to minimize the creation 

21 of new materials for covered products and 

22 beverage containers; and 

23 ‘‘(iv) an assessment of— 

24 ‘‘(I) post-consumer recycled con25 tent standards for covered products 


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1 and beverage containers that are tech2 nologically feasible; and 

3 ‘‘(II) the impact of the standards 

4 described in subclause (I) on recycling 

5 rates of covered products and bev6 erage containers. 

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

8 report under subparagraph (A) to Congress, the 

9 Administrator shall publish in the Federal Reg10 ister for public comment— 

11 ‘‘(i) the report; and 

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

13 Administrator intends to take during the 

14 1-year period after the date of publication 

15 in the Federal Register to establish min16 imum post-consumer recycled content 

17 standards for covered products and bev18 erage containers. 

19 ‘‘(3) MINIMUM STANDARDS.— 

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

21 after the Administrator publishes the report 

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

23 shall establish minimum post-consumer recycled 

24 content standards for covered products and bev25 erage containers. 


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1 ‘‘(B) REQUIREMENT.—The standards es2 tablished under subparagraph (A) shall increase 

3 the percentage by which covered products and 

4 beverage containers shall be composed of post5 consumer recycled content over a time period 

6 established by the Administrator. 

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

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

9 each responsible party for covered products and beverage 

10 containers to design the covered products and beverage 

11 containers to minimize the environmental and health im12 pacts of the covered products and beverage containers. 

13 ‘‘(b) REQUIREMENTS.—In designing covered prod14 ucts and beverage containers in accordance with sub15 section (a), to minimize the impacts of extraction, manu16 facture, use, and end-of-life management, a responsible 

17 party shall consider— 

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

19 material used; 

20 ‘‘(2) effective beginning on February 1, 2023, 

21 eliminating toxic substances; 

22 ‘‘(3) eliminating or reducing mixed-polymer and 

23 mixed-material packaging; 

24 ‘‘(4) reducing the use of all additives; 


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1 ‘‘(5) designing for reuse, refill, and lifespan ex2 tension; 

3 ‘‘(6) incorporating recycled materials; 

4 ‘‘(7) designing to reduce environmental impacts 

5 across the lifecycle of a product; 

6 ‘‘(8) incorporating sustainably and renewably 

7 sourced material; 

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

9 quantity of packaging necessary to effectively deliver 

10 a product without damage or spoilage; 

11 ‘‘(10) degradability of materials in cold-water 

12 environments; and 

13 ‘‘(11) improving recyclability and 

14 compostability. 

15 ‘‘(c) ENFORCEMENT.— 

16 ‘‘(1) IN GENERAL.—If the Administrator deter17 mines that a responsible party for covered products 

18 or beverage containers has not designed covered 

19 products or beverage containers in accordance with 

20 subsection (b), the Administrator— 

21 ‘‘(A) in the case of the first violation, shall 

22 provide that responsible party with written noti23 fication regarding the violation of the require24 ment under that subsection; and 


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1 ‘‘(B) in the case of any subsequent viola2 tion, may impose on the responsible party a fine 

3 in an amount of not more than $70,117, as de4 termined by the Administrator, for each viola5 tion. 

6 ‘‘(2) USE OF FEES.—The Administrator shall 

7 transfer the amounts of fees collected under para8 graph (1) to the Reduction, Recycling, and Litter 

9 Cleanup Trust Fund established by section 9512 of 

10 the Internal Revenue Code of 1986. 

11 ‘‘SEC. 12304. PRODUCT LABELING. 

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

13 labels on covered products and beverage containers that— 

14 ‘‘(1) are easy to read; and 

15 ‘‘(2) indicate that the covered product or bev16 erage container is— 

17 ‘‘(A) recyclable; 

18 ‘‘(B) not recyclable; 

19 ‘‘(C) compostable; or 

20 ‘‘(D) reusable; 

21 ‘‘(3) in the case of a covered product or bev22 erage container that is not recyclable, does not in23 clude the universal chasing arrows recycling symbol 

24 or any other similar symbol that would lead a conVerDate Sep 11 2014 00:38 May 27, 2021 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H2238.IH H2238

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1 sumer to believe that the item should be sorted for 

2 recycling; 

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

4 compostable, is not tinted green or brown; 

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

6 green or brown and includes information identifying 

7 the entity designated by the Administrator that has 

8 certified that the product is compostable; 

9 ‘‘(6) in the case of a covered product or bev10 erage container that is compostable, includes a green 

11 or brown stripe or similar marking to identify that 

12 the item is compostable; and 

13 ‘‘(7) in the case of a covered wipe product (as 

14 defined in subsection (a) of section 12305), satisfy 

15 the requirements under the regulations issued under 

16 subsection (b) of that section. 

17 ‘‘(b) STANDARDIZED LABELS.—Not later than 2 

18 years after the date of enactment of this subtitle, the Ad19 ministrator shall establish or approve a standardized label 

20 for each category of covered product and beverage con21 tainer to be used by responsible parties under subsection 

22 (a). 

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

24 (a), including a shrink sleeve— 


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

2 method of discard for the covered product or bev3 erage container; and 

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

5 ‘‘(d) COMPATIBILITY.—The Administrator shall en6 courage label manufacturers, in coordination with the sup7 ply chains of those manufacturers, including substrate 

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

9 recycling industry to address label recycling compatibility 

10 challenges. 

11 ‘‘(e) ENFORCEMENT.— 

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

13 any person that is a responsible party for a covered 

14 product or beverage sold in a beverage container to 

15 sell, use, or distribute any covered product or bev16 erage sold in a beverage container in commerce ex17 cept in compliance with this section. 

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

19 paragraph (1) shall be subject to a fine for each vio20 lation and for each day that the violation occurs in 

21 an amount of not more than $70,117, as determined 

22 by the Administrator. 

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

24 may bring a civil action to enjoin the sale, distribu25 tion, or importation into the United States of a covVerDate Sep 11 2014 00:38 May 27, 2021 Jkt 019200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H2238.IH H2238

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1 ered product or beverage sold in a beverage con2 tainer in violation of this section. 

3 ‘‘(4) STATE ENFORCEMENT.—The Adminis4 trator may permit a State to carry out enforcement 

5 under paragraph (2) or (3) if the Administrator de6 termines that the State meets such requirements as 

7 the Administrator may establish. 

8 ‘‘SEC. 12305. ‘DO NOT FLUSH’ LABELING. 

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

10 ‘‘(1) COMBINED PRODUCT.—The term ‘com11 bined product’ means 2 or more products sold in 

12 shared retail packaging, of which— 

13 ‘‘(A) at least 1 of the products is a covered 

14 wipe product; and 

15 ‘‘(B) at least 1 of the products is another 

16 consumer product intended to be used in com17 bination with that covered wipe product. 

18 ‘‘(2) COVERED ENTITY.—The term ‘covered en19 tity’ means a manufacturer, wholesaler, supplier, or 

20 retailer that is responsible for the labeling or pack21 aging of a covered wipe product that is sold, pro22 duced, or offered for sale in the United States. 

23 ‘‘(3) COVERED WIPE PRODUCT.— 


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

2 wipe product’ means a premoistened, nonwoven 

3 disposable wipe sold or offered for sale— 

4 ‘‘(i) that is marketed as a baby wipe 

5 or diapering wipe; or 

6 ‘‘(ii) that— 

7 ‘‘(I) is composed entirely, or in 

8 part, of petrochemical-derived fibers; 

9 and 

10 ‘‘(II) has significant potential to 

11 be flushed. 

12 ‘‘(B) INCLUSIONS.—The term ‘covered 

13 wipe product’ includes— 

14 ‘‘(i) antibacterial wipes and dis15 infecting wipes; 

16 ‘‘(ii) wipes intended for general pur17 pose cleaning or bathroom cleaning, includ18 ing toilet cleaning and hard surface clean19 ing; and 

20 ‘‘(iii) wipes intended for personal care 

21 use on the body, including hand sanitizing, 

22 makeup removal, feminine hygiene, adult 

23 hygiene (including incontinence hygiene), 

24 and body cleansing. 

25 ‘‘(4) HIGH CONTRAST.— 


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1 ‘‘(A) IN GENERAL.—The term ‘high con2 trast’ means, with respect to a symbol or label 

3 notice, that the symbol or label notice— 

4 ‘‘(i) is light on a solid dark back5 ground or dark on a solid light back6 ground; and 

7 ‘‘(ii) has a contrast percentage of at 

8 least 70 percent between that symbol or 

9 label notice and the background, using the 

10 formula described in subparagraph (B). 

11 ‘‘(B) CONTRAST PERCENTAGE.—The con12 trast percentage referred to in subparagraph 

13 (A)(ii) is the product obtained by multiplying— 

14 ‘‘(i) the quotient obtained by divid15 ing— 

16 ‘‘(I) the difference between— 

17 ‘‘(aa) the light reflectance 

18 value of a lighter area; and 

19 ‘‘(bb) the light reflectance 

20 value of a darker area; by 

21 ‘‘(II) the light reflectance value 

22 of the lighter area described in sub23 clause (I)(aa); and 

24 ‘‘(ii) 100. 


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1 ‘‘(5) LABEL NOTICE.—The term ‘label notice’ 

2 means the written phrase ‘Do Not Flush’. 

3 ‘‘(6) PRINCIPAL DISPLAY PANEL.—The term 

4 ‘principal display panel’ means the side of a product 

5 package— 

6 ‘‘(A) that is most likely to be displayed, 

7 presented, or shown under customary conditions 

8 of display for retail sale; and 

9 ‘‘(B)(i) in the case of a cylindrical or near10 cylindrical package, the surface area of which 

11 constitutes at least 40 percent of the product 

12 package, as measured by multiplying the height 

13 by the circumference of the package; or 

14 ‘‘(ii) in the case of a flexible film package 

15 in which a rectangular prism or near-rectan16 gular prism stack of wipes is housed within the 

17 film, the surface area of which is measured by 

18 multiplying the length by the width of the side 

19 of the package when the flexible packaging film 

20 is pressed flat against the stack of wipes on all 

21 sides of the stack. 

22 ‘‘(7) SYMBOL.—The term ‘symbol’ means— 

23 ‘‘(A) the ‘Do Not Flush’ symbol, as de24 picted in the Guidelines for Assessing the 

25 Flushability of Disposable Nonwoven Products 


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1 (Edition 4; May 2018) published by the Asso2 ciation of the Nonwoven Fabrics Industry and 

3 the European Disposables And Nonwovens As4 sociation; or 

5 ‘‘(B) a symbol otherwise identical to the 

6 symbol described in subparagraph (A) depicting 

7 an individual of another gender. 

8 ‘‘(b) REGULATIONS.—Not later than 2 years after 

9 the date of enactment of this subtitle, the Administrator 

10 shall issue regulations requiring covered entities to label 

11 covered wipe products clearly and conspicuously in accord12 ance with this section. 

13 ‘‘(c) REQUIREMENTS.— 

14 ‘‘(1) CYLINDRICAL PACKAGING.—In issuing reg15 ulations under subsection (b), the Administrator 

16 shall require a covered wipe product sold in cylin17 drical or near-cylindrical packaging, and intended to 

18 dispense individual wipes, to have— 

19 ‘‘(A) the symbol and label notice on the 

20 principal display panel in a location reasonably 

21 visible to the user each time a wipe is dis22 pensed; or 

23 ‘‘(B) the symbol on the principal display 

24 panel and the label notice, or a combination of 

25 the label notice and symbol, on a flip lid in a 


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1 manner that covers at least 8 percent of the 

2 surface area of the flip lid. 

3 ‘‘(2) FLEXIBLE FILM PACKAGING.—In issuing 

4 regulations under subsection (b), the Administrator 

5 shall require a covered wipe product sold in flexible 

6 film packaging, and intended to dispense individual 

7 wipes, to have— 

8 ‘‘(A) the symbol on the principal display 

9 panel and, if the principal display panel is not 

10 on the dispensing side of the packaging, on the 

11 dispensing side panel; and 

12 ‘‘(B) the label notice on the principal dis13 play panel or the dispensing side panel, in a 

14 prominent location reasonably visible to the 

15 user each time a wipe is dispensed. 

16 ‘‘(3) RIGID PACKAGING.—In issuing regulations 

17 under subsection (b), the Administrator shall require 

18 a covered wipe product sold in a refillable tub or 

19 other rigid packaging that may be reused by a cus20 tomer, and intended to dispense individual wipes, to 

21 have the symbol and label notice on the principal 

22 display panel in a prominent location reasonably 

23 visible to the user each time a wipe is dispensed. 

24 ‘‘(4) PACKAGING NOT INTENDED TO DISPENSE

25 INDIVIDUAL WIPES.—In issuing regulations under 


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1 subsection (b), the Administrator shall require a cov2 ered wipe product sold in packaging that is not in3 tended to dispense individual wipes to have the sym4 bol and label notice on the principal display panel in 

5 a prominent location reasonably visible to the user 

6 of the covered wipe product. 

7 ‘‘(5) BULK PACKAGING.— 

8 ‘‘(A) IN GENERAL.—In issuing regulations 

9 under subsection (b), the Administrator shall 

10 require a covered wipe product sold in bulk at 

11 retail to have labeling in compliance with those 

12 regulations on both the outer packaging visible 

13 at retail and the individual packaging contained 

14 within the outer packaging. 

15 ‘‘(B) EXEMPTION.—The Administrator 

16 shall exempt from the requirements under sub17 paragraph (A) the following: 

18 ‘‘(i) Individually packaged covered 

19 wipe products that— 

20 ‘‘(I) are contained within outer 

21 packaging; 

22 ‘‘(II) are not intended to dis23 pense individual wipes; and 

24 ‘‘(III) have no retail labeling. 


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1 ‘‘(ii) Outer packaging that does not 

2 obscure the symbol and label notice on in3 dividually packaged covered wipe products 

4 contained within. 

5 ‘‘(6) PACKAGING OF COMBINED PRODUCTS.— 

6 ‘‘(A) OUTER PACKAGING.—In issuing regu7 lations under subsection (b), the Administrator 

8 shall exempt the outer packaging of a combined 

9 product from the requirements of those regula10 tions. 

11 ‘‘(B) PACKAGES LESS THAN 3 BY 3

12 INCHES.—In issuing regulations under sub13 section (b), the Administrator shall provide 

14 that, with respect to a covered wipe product in 

15 packaging smaller than 3 inches by 3 inches 

16 (such as an individually packaged wipe in tear17 top packaging) and sold as part of a combined 

18 product, if a symbol and label notice are placed 

19 in a prominent location reasonably visible to the 

20 user of the covered wipe product, that covered 

21 wipe product shall be considered to be labeled 

22 clearly and conspicuously in accordance with 

23 those regulations. 

24 ‘‘(d) REASONABLE VISIBILITY OF SYMBOL AND

25 LABEL NOTICE.— 


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1 ‘‘(1) IN GENERAL.—In requiring the symbol 

2 and label notice under this section, the Adminis3 trator shall require that— 

4 ‘‘(A) packaging seams or folds or other 

5 packaging design elements do not obscure the 

6 symbol or label notice; 

7 ‘‘(B) the symbol and label notice are each 

8 equal in size to at least 2 percent of the surface 

9 area of the principal display panel; and 

10 ‘‘(C) except as provided in paragraph (3), 

11 the symbol and label notice have high contrast 

12 with the immediate background of the pack13 aging such that the symbol and label notice 

14 may be seen and read by an ordinary individual 

15 under customary conditions of purchase and 

16 use. 

17 ‘‘(2) PROXIMITY OF SYMBOL AND LABEL NO18 TICE.—In requiring the symbol and label notice 

19 under this section, the Administrator may allow a 

20 symbol and label notice on a principal display panel 

21 to be placed adjacently or on separate areas of the 

22 principal display panel. 

23 ‘‘(3) EXCEPTION.—Paragraph (1)(C) shall not 

24 apply to an embossed symbol or label notice on the 


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1 flip lid of a covered wipe product sold in cylindrical 

2 or near-cylindrical packaging. 

3 ‘‘(e) ADDITIONAL WORDS OR PHRASES.—In issuing 

4 regulations under subsection (b), the Administrator shall 

5 allow additional words or phrases on a covered wipe prod6 uct that describe consequences associated with flushing or 

7 disposing of that covered wipe product, if those words or 

8 phrases are consistent with the purposes of this section. 

9 ‘‘(f) REPRESENTATIONS OF FLUSHABILITY.—In 

10 issuing regulations under subsection (b), the Adminis11 trator shall prohibit, with respect to a covered wipe prod12 uct, the representation or marketing of flushable at13 tributes, performance, or efficacy benefits. 

14 ‘‘(g) COMPLIANCE WITH OTHER REQUIREMENTS.— 

15 ‘‘(1) FIFRA REQUIREMENTS.—In issuing regu16 lations under subsection (b), the Administrator shall 

17 include, with respect to a covered wipe product that 

18 contains a pesticide required to be registered under 

19 the Federal Insecticide, Fungicide, and Rodenticide 

20 Act (7 U.S.C. 136 et seq.), the following: 

21 ‘‘(A) Instructions describing how such a 

22 covered wipe product may comply with the re23 quirements of that Act and the regulations 

24 issued under subsection (b). 


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1 ‘‘(B) A requirement that, not later than 90 

2 days after the date on which regulations are 

3 issued under subsection (b), a covered entity 

4 shall submit for approval by the Administrator 

5 a product label compliant with the instructions 

6 under subparagraph (A). 

7 ‘‘(2) TYPE SIZE.— 

8 ‘‘(A) FIFRA.—In issuing regulations 

9 under subsection (b), the Administrator shall 

10 require, in the case of a covered wipe product 

11 described in paragraph (1) that (by operation of 

12 requirements under the Federal Insecticide, 

13 Fungicide, and Rodenticide Act (7 U.S.C. 136 

14 et seq.) with respect to a pesticide in that cov15 ered wipe product) is required to display a 

16 warning, if the requirements of those regula17 tions would result in a type size for a label no18 tice on the principal display panel of that cov19 ered wipe product larger than that warning, 

20 that the type size for the label notice shall be 

21 equal to or greater than the type size required 

22 for the ‘keep out of reach of children’ statement 

23 under that Act. 

24 ‘‘(B) FHSA.—In issuing regulations under 

25 subsection (b), the Administrator shall ensure 


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1 that if a covered wipe product is subject to a 

2 labeling requirement under section 2(p)(1) of 

3 the Federal Hazardous Substances Act (15 

4 U.S.C. 1261(p)(1)) and the requirements of 

5 those regulations would result in a type size for 

6 a label notice larger than first aid instructions 

7 required under that section, the type size for 

8 the label notice shall be equal to or greater than 

9 the type size required for those first aid instruc10 tions. 

11 ‘‘(h) APPLICABILITY.—The Administrator shall pro12 vide that the regulations issued under subsection (b) shall 

13 apply with respect to covered wipe products manufactured 

14 on or after the date that is 90 days after the date on which 

15 those regulations are issued. 

16 ‘‘(i) PENALTY.—The Administrator may impose fines 

17 for purposes of enforcing this section in accordance with 

18 the following: 

19 ‘‘(1) A fine of not more than $2,500 for each 

20 day that a violation of this section occurs. 

21 ‘‘(2) In no event may the total amount of fines 

22 imposed for a single violation of this section exceed 

23 $100,000. 


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1 ‘‘SEC. 12306. RECYCLING AND COMPOSTING RECEPTACLE 

2 LABELING. 

3 ‘‘(a) PURPOSE.—The purpose of this section is to es4 tablish guidelines for a national standardized labeling sys5 tem for the development of labels for recycling and 

6 composting receptacles that use a methodology that is con7 sistent throughout the United States to assist members 

8 of the public in properly recycling and composting. 

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

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

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

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

13 space, as determined by the Administrator. 

14 ‘‘(2) RECYCLING OR COMPOSTING RECEP15 TACLE.—The term ‘recycling or composting recep16 tacle’ means a recycling or composing bin, cart, or 

17 dumpster. 

18 ‘‘(3) RESIDENTIAL RECYCLING AND

19 COMPOSTING PROGRAM.—The term ‘residential recy20 cling and composting program’ means a recycling 

21 and composting program that services single family 

22 dwellings, multifamily dwellings or facilities, or both. 

23 ‘‘(c) GUIDELINES.—Not later than 2 years after the 

24 date of enactment of this subtitle, the Administrator shall 

25 develop and publish guidelines for a national standardized 


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1 labeling system for an Organization to use to develop la2 bels that— 

3 ‘‘(1) use a national standardized methodology 

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

5 to address diverse ethnic populations; 

6 ‘‘(2) shall be placed on recycling and 

7 composting receptacles in public spaces and the serv8 ice area of the Organization in accordance with 

9 paragraphs (1)(D) and (2) of subsection (e); and 

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

11 and composting receptacles— 

12 ‘‘(A) the specific recyclables and 

13 compostables that the Organization accepts; 

14 and 

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

16 Organization. 

17 ‘‘(d) DEVELOPMENT OF LABELS.— 

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

19 United States shall, in accordance with the guide20 lines published under subsection (c), use the national 

21 standardized labeling system to develop labels for 

22 use on recycling and composting receptacles in pub23 lic spaces and the service area of the Organization 

24 to communicate to users of those recycling and 

25 composting receptacles— 


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1 ‘‘(A) the specific recyclables and 

2 compostables that the Organization accepts; 

3 and 

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

5 Organization. 

6 ‘‘(2) SIMPLE AND DETAILED VERSIONS.—In de7 veloping labels under paragraph (1), an Organiza8 tion shall develop— 

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

10 on recycling and composting receptacles used in 

11 public spaces, which shall list the basic 

12 recyclables and compostables that the Organiza13 tion accepts; and 

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

15 on recycling and composting receptacles used as 

16 part of a residential recycling and composting 

17 program, taking into consideration the com18 plexity of the packaging and products disposed 

19 of by single family dwellings and multifamily 

20 dwellings and facilities. 

21 ‘‘(e) DISTRIBUTION OF LABELS.— 

22 ‘‘(1) SIMPLE VERSION.— 

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

24 distribute the simple version of the label devel25 oped by that Organization under subsection 


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

2 that owns or operates a public space in the 

3 service area of the Organization. 

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

5 distributed to an owner or operator of a public 

6 space under subparagraph (A) shall be reason7 ably sufficient to ensure that a label may be 

8 placed on each recycling and composting recep9 tacle in that public space. 

10 ‘‘(C) ADDITIONAL LABELS.—If the quan11 tity of labels distributed under subparagraph 

12 (B) is insufficient, an Organization shall make 

13 available to owners and operators described in 

14 subparagraph (A) additional labels to purchase 

15 or download. 

16 ‘‘(D) REQUIREMENT OF OWNERS AND OP17 ERATORS.—An owner or operator of a public 

18 space that receives labels under subparagraph 

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

20 composting receptacles in that public space. 

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

22 municipality, as applicable, that services a residen23 tial recycling and composting program in the area 

24 served by an Organization shall display a detailed 

25 standardized label developed by that Organization 


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

2 composting receptacle used by the residential recy3 cling and composting program. 

4 ‘‘SEC. 12307. PROHIBITION ON CERTAIN EXPORTS OF 

5 WASTE. 

6 ‘‘No person may export from the United States plas7 tic waste, plastic parings, or scraps of plastic— 

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

9 Organization for Economic Cooperation and Devel10 opment; 

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

12 relevant authorities in a receiving country that is a 

13 member of the Organization for Economic Coopera14 tion and Development, if those exports— 

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

16 plastic polymer; 

17 ‘‘(B) are contaminated with greater than 

18 0.5 percent of— 

19 ‘‘(i) other plastics; or 

20 ‘‘(ii) other materials, including— 

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

22 waxes, inks, and paints; and 

23 ‘‘(II) composite materials mixing 

24 plastics with nonplastic materials; or 


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1 ‘‘(C) are to be re-exported to a country 

2 that is not a member of the Organization for 

3 Economic Cooperation and Development; or 

4 ‘‘(3) that are contaminated with— 

5 ‘‘(A) hazardous chemicals; 

6 ‘‘(B) effective beginning on February 1, 

7 2023, toxic substances; or 

8 ‘‘(C) other substances, to the extent that 

9 the export becomes hazardous waste. 

10 ‘‘PART IV—LOCAL GOVERNMENT EFFORTS 

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

12 ‘‘Nothing in this subtitle or section 4056 of the Inter13 nal Revenue Code of 1986 preempts any State or local 

14 law in effect on or after the date of enactment of this sub15 title that— 

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

17 recyclables in a greater quantity than required under 

18 section 12105(g); 

19 ‘‘(2) prohibits the sale or distribution of prod20 ucts that are not prohibited under part II; 

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

22 percentage of post-consumer recycled content than 

23 required under section 12302; 


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

2 not subject to taxation under section 4056 of the In3 ternal Revenue Code of 1986; or 

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

5 this subtitle. 

6 ‘‘SEC. 12402. CLEAN COMMUNITIES PROGRAM. 

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

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

9 the Administrator shall leverage smart technology and so10 cial media to provide technical assistance to units of local 

11 government of States in cost-effectively— 

12 ‘‘(1) identifying concentrated areas of pollution 

13 in that unit of local government; and 

14 ‘‘(2) implementing source reduction solutions. 

15 ‘‘PART V—REDUCTION OF OTHER SOURCES OF 

16 PLASTIC POLLUTION 

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

18 GEAR. 

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

20 of enactment of this subtitle, the Under Secretary of Com21 merce for Oceans and Atmosphere (referred to in this sec22 tion as the ‘Under Secretary’) shall submit to the Com23 mittee on Commerce, Science, and Transportation and the 

24 Committee on Environment and Public Works of the SenVerDate Sep 11 2014 00:38 May 27, 2021 Jkt 019200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H2238.IH H2238

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1 ate and the Committee on Natural Resources of the House 

2 of Representatives a report that includes— 

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

4 losses by United States and foreign fisheries, includ5 ing— 

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

7 lost among— 

8 ‘‘(i) domestic and foreign fisheries; 

9 ‘‘(ii) types of fishing gear; and 

10 ‘‘(iii) methods of fishing; 

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

12 is transported by ocean currents; and 

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

14 lost; 

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

16 health, and maritime safety impacts of derelict fish17 ing gear, and how those impacts vary across— 

18 ‘‘(A) types of fishing gear; 

19 ‘‘(B) materials used to construct fishing 

20 gear; and 

21 ‘‘(C) geographic location; 

22 ‘‘(3) recommendations on management meas23 ures— 

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


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

2 gear; 

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

4 management measures described in paragraph (3); 

5 and 

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

7 gear loss attributable to foreign countries. 

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

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

10 in the Federal Register for public comment— 

11 ‘‘(1) the report; and 

12 ‘‘(2) a description of the actions the Under Sec13 retary intends to take during the 1-year period after 

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

15 environmental impacts of, commercial fishing gear. 

16 ‘‘SEC. 12502. MANDATORY FILTRATION STANDARD FOR 

17 CLOTHES WASHERS. 

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

19 ‘‘(1) BUILT-IN FILTRATION UNIT.—The term 

20 ‘built-in filtration unit’ means a required filtration 

21 unit that is built into a newly manufactured clothes 

22 washer. 

23 ‘‘(2) COMMERCIAL CLOTHES WASHING BUSI24 NESS.—The term ‘commercial clothes washing busi25 ness’ means a business establishment containing 1 


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1 or more clothes washers, including self-service 

2 clothes cleaning establishments. 

3 ‘‘(3) LOW-INCOME INDIVIDUAL.—The term 

4 ‘low-income individual’ has the meaning given the 

5 term in section 3 of the Workforce Innovation and 

6 Opportunity Act (29 U.S.C. 3102). 

7 ‘‘(4) REQUIRED FILTRATION UNIT.—The term 

8 ‘required filtration unit’ means a filtration unit that 

9 has a mesh size of not greater than 100 microm10 eters. 

11 ‘‘(5) RETROFIT FILTRATION UNIT.—The term 

12 ‘retrofit filtration unit’ means a required filtration 

13 unit that— 

14 ‘‘(A) is an-line filtration unit; and 

15 ‘‘(B) may be retrofit onto an existing 

16 clothes washer. 

17 ‘‘(b) FILTRATION UNITS REQUIRED.— 

18 ‘‘(1) COMMERCIAL, INDUSTRIAL, AND GOVERN19 MENT-CONTRACTED CLOTHES WASHERS.— 

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

21 shall ensure that— 

22 ‘‘(i) not later than January 1, 2023, 

23 each government-contracted commercial 

24 clothes washer has a required filtration 

25 unit; and 


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1 ‘‘(ii) not later than January 1, 2024, 

2 each commercial clothes washer and indus3 trial clothes washer has a required filtra4 tion unit. 

5 ‘‘(B) NEW OR RETROFIT.—The require6 ment under subparagraph (A) may be met by— 

7 ‘‘(i) the installation of a retrofit filtra8 tion unit on a previously purchased clothes 

9 washer; or 

10 ‘‘(ii) the purchase of a new clothes 

11 washer that has a built-in filtration unit. 

12 ‘‘(2) GENERAL REQUIREMENT.—The Adminis13 trator shall ensure that all new clothes washers, in14 cluding residential clothes washers, sold in interstate 

15 commerce in the United States on and after January 

16 1, 2025, have built-in filtration units. 

17 ‘‘(c) GRANT, LOAN, AND FUNDING PROGRAMS.— 

18 ‘‘(1) GOVERNMENT-CONTRACTED CLOTHES

19 WASHERS.—The Administrator shall coordinate 

20 funding among other Federal agencies to ensure 

21 that the Federal Government meets the requirement 

22 under subsection (b)(1)(A)(i). 

23 ‘‘(2) COMMERCIAL AND INDUSTRIAL CLOTHES

24 WASHERS.—The Administrator may provide low-in25 terest or forgivable loans to commercial clothes 


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1 washing businesses to meet the requirement under 

2 subsection (b)(1)(A)(ii). 

3 ‘‘(3) INDIVIDUALS.—The Administrator may 

4 provide grants, low-interest loans, or some combina5 tion of grants and low-interest loans to low-income 

6 individuals to assist low-income individuals in replac7 ing a clothes washer without a built-in filtration unit 

8 with a clothes washer that has a built-in filtration 

9 unit. 

10 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Administrator 

12 such sums as are necessary to carry out this section. 

13 ‘‘SEC. 12503. STUDY AND ACTION ON MICROFIBER POLLU14 TION REDUCTION. 

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

16 date of enactment of this subtitle, the Administrator, in 

17 consultation with the heads of relevant Federal agencies, 

18 shall establish a competitive grant program to provide 

19 grants to eligible entities described in subsection (c) to 

20 carry out microfiber pollution reduction projects in accord21 ance with this section. 

22 ‘‘(b) OBJECTIVES.—To be eligible for a grant under 

23 subsection (a), a microfiber pollution reduction project 

24 shall accomplish 1 or more of the following objectives: 


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1 ‘‘(1) Improve industry and manufacturing best 

2 practices to reduce the generation of microfiber pol3 lution— 

4 ‘‘(A) during— 

5 ‘‘(i) the production of textiles; 

6 ‘‘(ii) the lifetime use of textiles; or 

7 ‘‘(iii) the washing and cleaning of tex8 tiles; and 

9 ‘‘(B) with a focus on increasing the use of 

10 recycled fibers. 

11 ‘‘(2) Improve filtration technology for the re12 moval of microfiber pollution from— 

13 ‘‘(A) washing machines; or 

14 ‘‘(B) wastewater treatment plants. 

15 ‘‘(c) ELIGIBLE ENTITIES.—An entity that is eligible 

16 to receive a grant under subsection (a) is— 

17 ‘‘(1) an institution of higher education; 

18 ‘‘(2) a nonprofit organization; 

19 ‘‘(3) a State, local, or Tribal government; 

20 ‘‘(4) a for-profit organization; 

21 ‘‘(5) a State agency responsible for managing 

22 wastewater treatment plants; or 

23 ‘‘(6) a Federal agency that has statutory au24 thority to receive transfers of funds. 


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1 ‘‘(d) PRIORITY.—In awarding grants under sub2 section (a), the Administrator shall give priority to a 

3 project that achieves more than 1 of the objectives de4 scribed in subsection (b). 

5 ‘‘(e) REPORT.—Not later than 2 years after the date 

6 on which the first grant is provided under subsection (a), 

7 the Administrator shall submit to Congress a report de8 scribing the results of the microfiber pollution reduction 

9 projects conducted under this section. 

10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as are nec12 essary to carry out this section. 

13 ‘‘SEC. 12504. MICROPLASTICS PILOT PROGRAM. 

14 ‘‘(a) DEFINITION OF MICROPLASTIC.—In this sec15 tion, the term ‘microplastic’ means a plastic or plastic16 coated particle that is less than 5 millimeters in any di17 mension. 

18 ‘‘(b) ESTABLISHMENT.—The Administrator shall es19 tablish a pilot program (referred to in this section as the 

20 ‘pilot program’) to test the efficacy and cost effectiveness 

21 of tools, technologies, and techniques— 

22 ‘‘(1) to remove microplastics from the environ23 ment; and 

24 ‘‘(2) to prevent the release of microplastics into 

25 the environment. 


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1 ‘‘(c) REQUIREMENTS.—In carrying out the pilot pro2 gram, the Administrator shall include the testing of— 

3 ‘‘(1) natural infrastructure; 

4 ‘‘(2) green infrastructure (as defined in section 

5 502 of the Federal Water Pollution Control Act (33 

6 U.S.C. 1362)); and 

7 ‘‘(3) mechanical removal systems (such as 

8 pumps) and filtration technologies. 

9 ‘‘(d) ELIGIBLE PILOT PROGRAM LOCATIONS.—In 

10 carrying out the pilot program, the Administrator may 

11 carry out projects located in— 

12 ‘‘(1) stormwater systems; 

13 ‘‘(2) wastewater treatment facilities; 

14 ‘‘(3) drinking water systems; 

15 ‘‘(4) ports, harbors, inland waterways, estu16 aries, and marine environments; and 

17 ‘‘(5) roadways, highways, and other streets 

18 used for vehicular travel. 

19 ‘‘(e) OUTREACH.—In determining selection criteria 

20 and projects to carry out under the pilot program, the Ad21 ministrator shall conduct outreach to— 

22 ‘‘(1) the Interagency Marine Debris Coordi23 nating Committee established under section 5(a) of 

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


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1 ‘‘(2) stakeholders and experts in the applicable 

2 field, as determined by the Administrator. 

3 ‘‘(f) REPORTS.— 

4 ‘‘(1) INITIAL REPORT.—Not later than 180 

5 days after the date of enactment of this subtitle, the 

6 Administrator shall submit to Congress a report de7 scribing the outreach conducted under subsection 

8 (e). 

9 ‘‘(2) SUBSEQUENT REPORT.—Not later than 3 

10 years after the date on which the Administrator es11 tablishes the pilot program, the Administrator shall 

12 submit to Congress a report describing the effective13 ness of projects carried out under the pilot program. 

14 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as are nec16 essary to carry out this section. 

17 ‘‘SEC. 12505. GRANT PROGRAM TO SUPPORT INNOVATION 

18 IN PACKAGING REDUCTION AND REUSE. 

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

20 date of enactment of this subtitle, the Administrator shall 

21 establish a competitive grant program (referred to in this 

22 section as the ‘program’) to provide grants to eligible enti23 ties described in subsection (c) to carry out pilot-scale 

24 packaging reduction or reuse projects in accordance with 

25 this section. 


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1 ‘‘(b) OBJECTIVES.—To be eligible for a grant under 

2 the program, a pilot-scale packaging reduction or reuse 

3 project shall evaluate the efficacy and cost-effectiveness of 

4 tools, technologies, and techniques for 1 or more of the 

5 following objectives: 

6 ‘‘(1) Expanding reuse and refill programs for— 

7 ‘‘(A) cleaning materials; 

8 ‘‘(B) bulk food products; and 

9 ‘‘(C) beverages. 

10 ‘‘(2) Assessing best practices for eliminating or 

11 reducing the use of plastic produce bags. 

12 ‘‘(3) Expanding consumer knowledge of reuse 

13 and refill programs. 

14 ‘‘(4) Otherwise eliminating or reducing the use 

15 of single-use plastic bags, as determined by the Ad16 ministrator. 

17 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

18 a grant under the program, an entity shall be— 

19 ‘‘(1) an institution of higher education; 

20 ‘‘(2) a nonprofit organization; 

21 ‘‘(3) a State, local, or Tribal government; 

22 ‘‘(4) a for-profit organization; or 

23 ‘‘(5) a public-private partnership. 

24 ‘‘(d) PRIORITIES.—In awarding grants under the 

25 program, the Administrator shall— 


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1 ‘‘(1) give priority to a project that achieves 

2 more than 1 of the objectives described in subsection 

3 (b); and 

4 ‘‘(2) ensure that a grant is provided to carry 

5 out a project in each region of the Environmental 

6 Protection Agency. 

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

8 on which the Administrator establishes the program, the 

9 Administrator shall submit to Congress a report describ10 ing the effectiveness of the projects carried out under the 

11 program. 

12 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated from the Reduction, Re14 cycling, and Litter Cleanup Trust Fund established by 

15 section 9512 of the Internal Revenue Code of 1986 such 

16 sums as are necessary to carry out the pilot program. 

17 ‘‘SEC. 12506. REPORT ON REUSE AND REFILL PRODUCT DE18 LIVERY SYSTEMS. 

19 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

20 date of enactment of this subtitle, and every 5 years there21 after, the Administrator shall make publicly available a re22 port on feasability and best practices relating to reuse and 

23 reusability within the following sectors: 

24 ‘‘(1) Food service, including— 

25 ‘‘(A) take out; 


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1 ‘‘(B) delivery of prepared meals; and 

2 ‘‘(C) meal kits. 

3 ‘‘(2) Consumer food and beverage products. 

4 ‘‘(3) Consumer cleaning products. 

5 ‘‘(4) Consumer personal care products. 

6 ‘‘(5) Transportation or shipping of wholesale 

7 and retail goods. 

8 ‘‘(6) Other sectors, as identified by the Admin9 istrator. 

10 ‘‘(b) OBJECTIVES.—The report under subsection (a) 

11 shall evaluate and summarize— 

12 ‘‘(1) types of reuse and refill product delivery 

13 systems that can be best used at different scales; 

14 ‘‘(2) job creation opportunities through the use 

15 or expansion of reuse and refill systems; 

16 ‘‘(3) economic costs and benefits for— 

17 ‘‘(A) the businesses that deploy reuse and 

18 refill technologies; and 

19 ‘‘(B) the parties responsible for waste col20 lection and management; and 

21 ‘‘(4) types of local, State, and Federal support 

22 needed to expand the use of reuse and refill sys23 tems.’’. 

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

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


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

2 to section 11011 the following: 

‘‘Subtitle K—Producer Responsibility for Products and Packaging 

‘‘Sec. 12001. Definitions. 

‘‘PART I—PRODUCTS IN THE MARKETPLACE

‘‘Sec. 12101. Extended producer responsibility. 

‘‘Sec. 12102. Producer Responsibility Organizations. 

‘‘Sec. 12103. Covered product management. 

‘‘Sec. 12104. National beverage container program. 

‘‘Sec. 12105. Product Stewardship Plans. 

‘‘Sec. 12106. Outreach and education. 

‘‘Sec. 12107. Reporting. 

‘‘PART II—REDUCTION OF SINGLE-USE PRODUCTS

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

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

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

‘‘PART III—RECYCLING AND COMPOSTING

‘‘Sec. 12301. Recycling and composting collection. 

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

content. 

‘‘Sec. 12303. Designing for the environment. 

‘‘Sec. 12304. Product labeling. 

‘‘Sec. 12305. ‘Do Not Flush’ labeling. 

‘‘Sec. 12306. Recycling and composting receptacle labeling. 

‘‘Sec. 12307. Prohibition on certain exports of waste. 

‘‘PART IV—LOCAL GOVERNMENT EFFORTS

‘‘Sec. 12401. Protection of local governments. 

‘‘Sec. 12402. Clean Communities Program. 

‘‘PART V—REDUCTION OF OTHER SOURCES OF PLASTIC POLLUTION

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

‘‘Sec. 12502. Mandatory filtration standard for clothes washers. 

‘‘Sec. 12503. Study and action on microfiber pollution reduction. 

‘‘Sec. 12504. Microplastics pilot program. 

‘‘Sec. 12505. Grant program to support innovation in packaging reduction and 

reuse. 

‘‘Sec. 12506. Report on reuse and refill product delivery systems.’’. 


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1 SEC. 3. IMPOSITION OF TAX ON CARRYOUT BAGS. 

2 (a) GENERAL RULE.—Chapter 31 of the Internal 

3 Revenue Code of 1986 is amended by inserting after sub4 chapter C the following new subchapter: 

5 ‘‘Subchapter D—Carryout Bags 

‘‘Sec. 4056. Imposition of tax. 

6 ‘‘SEC. 4056. IMPOSITION OF TAX. 

7 ‘‘(a) GENERAL RULE.—There is hereby imposed on 

8 any retail sale a tax on each carryout bag provided to a 

9 customer by an applicable entity. 

10 ‘‘(b) AMOUNT OF TAX.—The amount of tax imposed 

11 by subsection (a) shall be $0.10 per carryout bag. 

12 ‘‘(c) LIABILITY FOR TAX.—The applicable entity 

13 shall be liable for the tax imposed by this section. 

14 ‘‘(d) DEFINITIONS.—For purposes of this section— 

15 ‘‘(1) APPLICABLE ENTITY.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), the term ‘applicable entity’ means— 

18 ‘‘(i) any restaurant (as defined in sec19 tion 12001 of the Solid Waste Disposal 

20 Act), or 

21 ‘‘(ii) any business which— 

22 ‘‘(I) sells food, alcohol, or any 

23 other good or product to the public at 

24 retail, or 


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1 ‘‘(II) elects to comply with the 

2 requirements under this section. 

3 ‘‘(B) EXCEPTION.— 

4 ‘‘(i) IN GENERAL.—For purposes of 

5 this section, the term ‘applicable entity’ 

6 shall not include any entity described in 

7 subparagraph (A) if the State, or any local 

8 government or political subdivision thereof, 

9 in which such entity is located has been 

10 granted a waiver pursuant to clause (ii). 

11 ‘‘(ii) WAIVER.—The Secretary shall 

12 prescribe rules providing for the waiver of 

13 application of this section with respect to 

14 any State, or any local government or po15 litical subdivision thereof, which has en16 acted a tax or fee on the provision of car17 ryout bags which is similar to the tax im18 posed under this section. 

19 ‘‘(2) CARRYOUT BAG.— 

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

21 bag’ means a bag of any material that is pro22 vided to a consumer at the point of sale to 

23 carry or cover purchases, merchandise, or other 

24 items. 


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1 ‘‘(B) EXCEPTIONS.—Such term shall not 

2 include any product described in section 

3 12201(a)(2)(C) of the Solid Waste Disposal 

4 Act. 

5 ‘‘(e) BAG TAX STATED SEPARATELY ON RECEIPT.— 

6 The tax imposed by subsection (a) shall be separately stat7 ed on the receipt of sale provided to the customer. 

8 ‘‘(f) EXCEPTIONS.—The tax imposed under sub9 section (a) shall not apply to any carryout bag that is pro10 vided to a customer as part of a transaction in which the 

11 customer is purchasing any item using benefits received 

12 under the supplemental nutrition assistance program es13 tablished under the Food and Nutrition Act of 2008 (7 

14 U.S.C. 2011 et seq.) or the supplemental nutrition pro15 gram for women, infants, and children authorized under 

16 section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 

17 1786). 

18 ‘‘(g) PENALTIES.— 

19 ‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO20 LATION.—If any applicable entity fails to collect the 

21 tax imposed under subsection (a) or satisfy the re22 quirements under subsection (e), the Secretary shall 

23 provide such entity with written notification regard24 ing the violation of the requirements under such 

25 subsections. 


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1 ‘‘(2) SUBSEQUENT VIOLATIONS.— 

2 ‘‘(A) IN GENERAL.—If any applicable enti3 ty, subsequent to receiving a written notifica4 tion described in paragraph (1), fails to collect 

5 the tax imposed under subsection (a) or satisfy 

6 the requirements under subsection (e), such en7 tity shall pay a penalty in addition to the tax 

8 imposed under this section. 

9 ‘‘(B) AMOUNT OF PENALTY.—For each 

10 violation during a calendar year, the amount of 

11 the penalty under subparagraph (A) shall be— 

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

13 $250, 

14 ‘‘(ii) in the case of the second viola15 tion, $500, and 

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

17 or any subsequent violation, $1,000. 

18 ‘‘(C) LIMITATION.—In the case of any ap19 plicable entity with less than $1,000,000 in 

20 total revenue for the year preceding the imposi21 tion of any penalty under this paragraph, any 

22 such penalty may not be imposed under this 

23 paragraph more than once during any 7-day pe24 riod. 


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1 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec2 tion or any regulations promulgated under this section 

3 shall preempt, limit, or supersede, or be interpreted to pre4 empt, limit, or supersede— 

5 ‘‘(1) any law or regulation relating to any tax 

6 or fee on carryout bags which is imposed by a State 

7 or local government entity, or any political subdivi8 sion, agency, or instrumentality thereof, or 

9 ‘‘(2) any additional fees imposed by any appli10 cable entity on carryout bags provided to its cus11 tomers.’’. 

12 (b) CARRYOUT BAG CREDIT PROGRAM.—Subchapter 

13 B of chapter 65 of such Code is amended by adding at 

14 the end the following new section: 

15 ‘‘SEC. 6431. CARRYOUT BAG CREDIT PROGRAM. 

16 ‘‘(a) ALLOWANCE OF CREDIT.—If— 

17 ‘‘(1) tax has been imposed under section 4056 

18 on any carryout bag, 

19 ‘‘(2) an applicable entity provides such bag to 

20 a customer in a point of sale transaction, and 

21 ‘‘(3) such entity has kept and can produce 

22 records for purposes of this section and section 4056 

23 that include— 

24 ‘‘(A) the total number of carryout bags 

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1 posed under section 4056(a) and the amounts 

2 passed through to customers for such bags pur3 suant to section 4056(e), and 

4 ‘‘(B) the total number of bags for which a 

5 refund was provided to customers pursuant to 

6 a carryout bag credit program, 

7 the Secretary shall pay (without interest) to such entity 

8 an amount equal to the applicable amount for each bag 

9 provided by such entity in connection with a point of sale 

10 transaction. 

11 ‘‘(b) APPLICABLE AMOUNT.—For purposes of sub12 section (a), the applicable amount is an amount equal to— 

13 ‘‘(1) in the case of an applicable entity that has 

14 established a carryout bag credit program, $0.10, 

15 and 

16 ‘‘(2) in the case of an applicable entity that has 

17 not established a carryout bag credit program, 

18 $0.04. 

19 ‘‘(c) CARRYOUT BAG CREDIT PROGRAM.—For pur20 poses of this section, the term ‘carryout bag credit pro21 gram’ means a program established by an applicable entity 

22 which— 

23 ‘‘(1) for each bag provided by the customer to 

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1 tity, such entity refunds such customer $0.05 for 

2 each such bag from the total cost of their purchase, 

3 ‘‘(2) separately states the amount of such re4 fund on the receipt of sale provided to the customer, 

5 and 

6 ‘‘(3) prominently advertises such program at 

7 each entrance and checkout register of the applicable 

8 entity. 

9 ‘‘(d) DEFINITIONS.—For purposes of this section, the 

10 terms ‘applicable entity’ and ‘carryout bag’ have the same 

11 meanings given such terms under section 4056(d).’’. 

12 (c) ESTABLISHMENT OF TRUST FUND.—Subchapter 

13 A of chapter 98 of such Code is amended by adding at 

14 the end the following: 

15 ‘‘SEC. 9512. REDUCTION, RECYCLING, AND LITTER CLEAN16 UP TRUST FUND. 

17 ‘‘(a) CREATION OF TRUST FUND.—There is estab18 lished in the Treasury of the United States a trust fund 

19 to be known as the ‘Reduction, Recycling, and Litter 

20 Cleanup Trust Fund’ (referred to in this section as the 

21 ‘Trust Fund’), consisting of such amounts as may be ap22 propriated or credited to the Trust Fund as provided in 

23 this section or section 9602(b). 

24 ‘‘(b) TRANSFERS TO TRUST FUND.—There is hereby 

25 appropriated to the Trust Fund amounts equivalent to— 


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1 ‘‘(1) the amounts received in the Treasury pur2 suant to section 4056; and 

3 ‘‘(2) the amounts determined by the Secretary 

4 to be equivalent to the amounts of fees collected 

5 under section 12303(c) of the Solid Waste Disposal 

6 Act. 

7 ‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts 

8 in the Trust Fund shall be available, as provided by appro9 priation Acts, for— 

10 ‘‘(1) making payments under section 6431, 

11 ‘‘(2) making grants for— 

12 ‘‘(A) reusable carryout bags, and 

13 ‘‘(B) recycling, reuse, and composting in14 frastructure and litter cleanup, and 

15 ‘‘(3) carrying out the grant program to support 

16 innovation in packaging reduction and reuse under 

17 section 12505 of the Solid Waste Disposal Act.’’. 

18 (d) STUDY.—Not later than the date which is 18 

19 months after the date of enactment of this Act, the Comp20 troller General of the United States shall conduct a study 

21 on the effectiveness of sections 4056, 6431, and 9512 of 

22 the Internal Revenue Code of 1986 (as added by this Act) 

23 at reducing the use of carryout bags and encouraging the 

24 use of reusable bags. The report shall address— 


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1 (1) the use of plastic or paper single-use carry2 out bags during the period preceding the enactment 

3 of such sections, 

4 (2) the effect of such sections on the citizens 

5 and residents of the United States, including— 

6 (A) the percentage reduction in the use of 

7 plastic or paper single-use carryout bags as a 

8 result of the enactment of such sections, 

9 (B) the opinion among citizens and resi10 dents of the United States regarding the effect 

11 of such sections, disaggregated by race and in12 come level, and 

13 (C) the amount of substitution between 

14 other types of plastic bags for single-use carry15 out bags, 

16 (3) measures that the Comptroller General de17 termines may increase the effectiveness of such sec18 tions, including the amount of tax imposed on each 

19 carryout bag, and 

20 (4) any effects, both positive and negative, on 

21 United States businesses as a result of the enact22 ment of such sections, including costs, storage space, 

23 and changes in paper bag usage. 

24 The Comptroller General shall submit a report of such 

25 study to the Committee on Ways and Means of the House 


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1 of Representatives and the Committee on Finance of the 

2 Senate. 

3 (e) CLERICAL AMENDMENTS.— 

4 (1) The table of subchapters for chapter 31 of 

5 such Code is amended by inserting after the item re6 lating to subchapter C the following new item: 

‘‘Subchapter D. Carryout bags.’’. 

7 (2) The table of sections for subchapter B of 

8 chapter 65 of such Code is amended by adding at 

9 the end the following new item: 

‘‘Sec. 6431. Carryout bag credit program.’’. 

10 (3) The table of sections for subchapter A of 

11 chapter 98 of such Code is amended by adding at 

12 the end the following new item: 

‘‘Sec. 9512. Reduction, recycling, and litter cleanup trust fund.’’. 

13 (f) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on January 1, 2023. 

15 SEC. 4. CLEAN AIR, CLEAN WATER, AND ENVIRONMENTAL 

16 JUSTICE. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means the Administrator of the Environ20 mental Protection Agency. 

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

22 facility’’ means— 


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1 (A) an industrial facility that transforms 

2 natural gas liquids into ethylene and propylene 

3 for later conversion into plastic polymers; 

4 (B) a plastic polymerization or polymer 

5 production facility; 

6 (C) an industrial facility that repolymerizes 

7 plastic polymers into chemical feedstocks for 

8 use in new products or as fuel; and 

9 (D) an industrial facility that generates 

10 fuel or energy from plastic polymers through 

11 waste-to-fuel technology, an incinerator, or 

12 other similar technology, as determined by the 

13 Administrator. 

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

15 plastic’’ means— 

16 (A) ethylene; 

17 (B) propylene; 

18 (C) polyethylene in any form (including 

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

20 (D) polypropylene in any form (including 

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

22 (E) polyvinyl chloride in any form (includ23 ing pellets, resin, nurdle, powder, and flakes); 

24 or 


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1 (F) other plastic polymer raw materials in 

2 any form (including pellets, resin, nurdle, pow3 der, and flakes). 

4 (4) ENVIRONMENTAL JUSTICE.—The term ‘‘en5 vironmental justice’’ means the fair treatment and 

6 meaningful involvement of all individuals, regardless 

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

8 income, with respect to the development, implemen9 tation, and enforcement of environmental laws, regu10 lations, and policies to ensure that— 

11 (A) communities of color, indigenous com12 munities, and low-income communities have ac13 cess to public information and opportunities for 

14 meaningful public participation with respect to 

15 human health and environmental planning, reg16 ulations, and enforcement; 

17 (B) no community of color, indigenous 

18 community, or low-income community is ex19 posed to a disproportionate burden of the nega20 tive human health and environmental impacts 

21 of pollution or other environmental hazards; 

22 and 

23 (C) the 17 principles described in the docu24 ment entitled ‘‘The Principles of Environmental 

25 Justice’’, written and adopted at the First NaVerDate Sep 11 2014 00:38 May 27, 2021 Jkt 019200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H2238.IH H2238

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1 tional People of Color Environmental Leader2 ship Summit held on October 24 through 27, 

3 1991, in Washington, DC, are upheld. 

4 (5) FENCELINE MONITORING.—The term 

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

6 monitoring of ambient air quality around the entire 

7 perimeter of a facility. 

8 (6) FRONTLINE COMMUNITY.— 

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

10 community’’ means a community located near a 

11 covered facility that has experienced systemic 

12 socioeconomic disparities or other forms of in13 justice. 

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

15 community’’ includes a low-income community, 

16 a community that includes indigenous peoples, 

17 and a community of color. 

18 (7) MATERIAL RECOVERY FACILITY.—The term 

19 ‘‘material recovery facility’’ means a solid waste 

20 management facility that processes materials for 

21 reuse or recycling. 

22 (8) RENEWABLE ENERGY.—The term ‘‘renew23 able energy’’ means energy supplied by a project 

24 that uses wind, solar, geothermal, wave, current, 

25 tidal, or ocean thermal energy to generate electricity. 


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1 (9) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Army, acting through the Chief 

3 of Engineers. 

4 (10) SINGLE-USE PLASTIC.— 

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

6 plastic’’ means a plastic product or packaging 

7 that is routinely disposed of, recycled, or other8 wise discarded after a single use. 

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

10 plastic’’ does not include— 

11 (i) medical food, supplements, devices, 

12 or other products determined by the Sec13 retary of Health and Human Services to 

14 necessarily be made of plastic for the pro15 tection of public health; or 

16 (ii) packaging that is— 

17 (I) for any product described in 

18 clause (i); or 

19 (II) used for the shipment of 

20 hazardous materials that is prohibited 

21 from being composed of used mate22 rials under section 178.509 or section 

23 178.522 of title 49, Code of Federal 

24 Regulations (as in effect on the date 

25 of enactment of this Act). 


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1 (11) TEMPORARY PAUSE PERIOD.—The term 

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

3 (A) beginning on the date of enactment of 

4 this Act; and 

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

6 date on which all regulations required under 

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

8 (12) ZERO-EMISSIONS ENERGY.— 

9 (A) IN GENERAL.—The term ‘‘zero-emis10 sions energy’’ means renewable energy the pro11 duction of which emits no greenhouse gases at 

12 the production source. 

13 (B) EXCLUSIONS.—The term ‘‘zero-emis14 sions energy’’ does not include any energy gen15 erated by— 

16 (i) a waste-to-energy technology; 

17 (ii) an incinerator; or 

18 (iii) any other similar technology, as 

19 determined by the Administrator. 

20 (b) TEMPORARY PAUSE.— 

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

22 during the temporary pause period, notwithstanding 

23 any other provision of law— 

24 (A) the Administrator shall not issue a 

25 new permit for a covered facility under— 


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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 shall not issue a new 

6 permit for a covered facility under section 404 

7 of the Federal Water Pollution Control Act (33 

8 U.S.C. 1344); 

9 (C) the Administrator shall object in writ10 ing under subsections (b) and (c) of section 505 

11 of the Clean Air Act (42 U.S.C. 7661d) or sec12 tion 402(d)(2) of the Federal Water Pollution 

13 Control Act (33 U.S.C. 1342(d)(2)), as applica14 ble, to any new permit issued to a covered facil15 ity by a State agency delegated authority under 

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

17 the Federal Water Pollution Control Act (33 

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

19 (D) subject to subsection (g), the export of 

20 covered products is prohibited. 

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

22 to a permit described in that paragraph for a facility 

23 that is— 

24 (A) a material recovery facility; or 

25 (B) a compost facility. 


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1 (c) STUDY.— 

2 (1) IN GENERAL.— 

3 (A) AGREEMENT.—The Administrator 

4 shall offer to enter into an agreement with the 

5 National Academy of Sciences and the National 

6 Institutes of Health to conduct a study of— 

7 (i) the existing and planned expansion 

8 of the industry of the producers of covered 

9 products, including the entire supply chain, 

10 the extraction and refining of feedstocks, 

11 end uses, disposal fate, and lifecycle im12 pacts of covered products; 

13 (ii) the environmental justice and pol14 lution impacts of covered facilities and the 

15 products of covered facilities; 

16 (iii) the existing standard technologies 

17 and practices of covered facilities with re18 spect to the discharge and emission of pol19 lutants into the environment; and 

20 (iv) the best available technologies 

21 and practices that reduce or eliminate the 

22 environmental justice and pollution im23 pacts of covered facilities and the products 

24 of covered facilities. 


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1 (B) FAILURE TO ENTER AGREEMENT.—If 

2 the Administrator fails to enter into an agree3 ment described in subparagraph (A), the Ad4 ministrator shall conduct the study described in 

5 that subparagraph. 

6 (2) REQUIREMENTS.—The study under para7 graph (1) shall— 

8 (A) consider— 

9 (i) the direct, indirect, and cumulative 

10 environmental impacts of the industries of 

11 covered facilities to date; and 

12 (ii) the impacts of the planned expan13 sion of those industries, including local, re14 gional, national, and international air, 

15 water, waste, climate change, public health, 

16 and environmental justice impacts of those 

17 industries; and 

18 (B) recommend technologies, standards, 

19 and practices to remediate or eliminate the 

20 local, regional, national, and international air, 

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

22 environmental justice impacts of covered facili23 ties and the industries related to covered facili24 ties. 


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

2 the date of enactment of this Act, the Administrator 

3 shall submit to Congress a report describing the re4 sults of the study under paragraph (1). 

5 (d) CLEAN AIR.— 

6 (1) TIMELY REVISION OF EMISSIONS STAND7 ARDS.—Section 111(b)(1)(B) of the Clean Air Act 

8 (42 U.S.C. 7411(b)(1)(B)) is amended by striking 

9 the fifth sentence. 

10 (2) NATIONAL SOURCE PERFORMANCE STAND11 ARDS IMPLEMENTATION IMPROVEMENTS.— 

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

13 than 3 years after the date of enactment of this 

14 Act, the Administrator shall promulgate a final 

15 rule requiring that— 

16 (i) covered facilities that manufacture 

17 olefins, including ethylene and propylene, 

18 use only zero-emissions energy sources, ex19 cept to the extent that waste gases are re20 cycled; and 

21 (ii) covered facilities that manufacture 

22 low-density polyethylene, linear low-density 

23 polyethylene, high-density polyethylene, 

24 styrene, vinyl chloride, or synthetic organic 

25 fibers use only zero-emissions energy 


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1 sources, except to the extent that waste 

2 gases are recycled, unless the Adminis3 trator— 

4 (I) determines that under certain 

5 conditions (such as during the com6 mencement or shut down of produc7 tion at a covered facility), expendi8 tures of energy that are not from 

9 zero-emissions energy sources are re10 quired; and 

11 (II) publishes the determination 

12 under subclause (I) and a proposed 

13 mixture of zero-emissions energy and 

14 non-zero-emissions energy for those 

15 conditions in a rulemaking. 

16 (B) NEW SOURCE PERFORMANCE STAND17 ARDS FOR CERTAIN FACILITIES.—Not later 

18 than 3 years after the date of enactment of this 

19 Act, the Administrator shall promulgate a final 

20 rule— 

21 (i) designating ethylene, propylene, 

22 polyethylene, and polypropylene production 

23 facilities as a category of stationary source 

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

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


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1 (ii) establishing new source perform2 ance standards for the category of sta3 tionary source designated under clause (i) 

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

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

6 (C) STORAGE VESSELS FOR COVERED

7 PRODUCTS.—Not later than 3 years after the 

8 date of enactment of this Act, the Adminis9 trator shall promulgate a final rule modifying 

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

11 Regulations (as in effect on the date of enact12 ment of this Act), to ensure that an owner or 

13 operator of a storage vessel containing liquid 

14 with a vapor pressure of equal to or more than 

15 5 millimeters of mercury under actual storage 

16 conditions that is regulated under that section 

17 uses— 

18 (i) an internal floating roof tank con19 nected to a volatile organic compound con20 trol device; or 

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

22 volatile organic compound control device. 

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

24 after the date of enactment of this Act, the Ad25 ministrator shall promulgate a final rule— 


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1 (i) modifying title 40, Code of Federal 

2 Regulations (as in effect on the date of en3 actment of this Act), to ensure that flar4 ing, either at ground-level or elevated, shall 

5 only be permitted when necessary solely for 

6 safety reasons; and 

7 (ii) modifying sections 

8 60.112b(a)(3)(ii), 60.115b(d)(1), 60.482– 

9 10a(d), 60.662(b), 60.702(b), and 60.562– 

10 1(a)(1)(i)(C) of title 40, Code of Federal 

11 Regulations (as in effect on the date of en12 actment of this Act), to ensure that— 

13 (I) references to flare standards 

14 under those sections refer to the flare 

15 standards established under clause (i); 

16 and 

17 (II) the flare standards under 

18 those sections are, without exception, 

19 continuously applied. 

20 (E) SOCMI EQUIPMENT LEAKS.—Not 

21 later than 3 years after the date of enactment 

22 of this Act, the Administrator shall promulgate 

23 a final rule— 

24 (i) modifying section 60.482–1a of 

25 title 40, Code of Federal Regulations (as 


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1 in effect on the date of enactment of this 

2 Act), to ensure that owners and operators 

3 use process units and components with a 

4 leak-less or seal-less design; 

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

6 title 40, Code of Federal Regulations (as 

7 in effect on the date of enactment of this 

8 Act), to ensure that owners and operators 

9 use optical gas imaging monitoring pursu10 ant to section 60.5397a of title 40, Code of 

11 Federal Regulations (as in effect on the 

12 date of enactment of this Act), on a quar13 terly basis, unless the owner or operator 

14 receives approval from the Administrator 

15 in writing to use Method 21 of the Envi16 ronmental Protection Agency (as described 

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

18 Code of Federal Regulations (as in effect 

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

20 a repair threshold of 500 parts per million; 

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

22 Code of Federal Regulations (as in effect 

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

24 ensure that the use of open-ended valves or 

25 lines is prohibited except if a showing is 


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1 made that the use of an open-ended valve 

2 or line is necessary for safety reasons; and 

3 (iv) modifying subpart VVa of part 60 

4 of title 40, Code of Federal Regulations 

5 (as in effect on the date of enactment of 

6 this Act) to ensure that— 

7 (I) the term ‘‘no detectable emis8 sions’’ is defined to mean an instru9 ment reading of less than 50 parts 

10 per million above background con11 centrations; and 

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

13 mean an instrument reading of great14 er than or equal to 50 parts per mil15 lion above background concentrations. 

16 (F) NATURAL-GAS FIRED STEAM BOIL17 ERS.—Not later than 3 years after the date of 

18 enactment of this Act, the Administrator shall 

19 promulgate a final rule revising subpart Db of 

20 part 60 of title 40, Code of Federal Regulations 

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

22 Act), to ensure that boilers or heaters located 

23 at an affected covered facility regulated under 

24 that subpart may only burn gaseous fuels, not 

25 solid fuels or liquid fuels. 


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

2 after the date of enactment of this Act, the Ad3 ministrator shall promulgate a final rule revis4 ing subparts DDD, NNN, RRR, and other rel5 evant subparts of part 60 of title 40, Code of 

6 Federal Regulations (as in effect on the date of 

7 enactment of this Act)— 

8 (i) to require continuous emissions 

9 monitoring of nitrogen oxides, sulfur diox10 ide, carbon monoxide, and filterable partic11 ulate matter for all combustion devices ex12 cept for non-enclosed flares, including dur13 ing startups, shutdowns, and malfunctions 

14 of the facilities regulated by those sub15 parts; 

16 (ii) to require— 

17 (I) accurate and continuous rec18 ordkeeping when continuous moni19 toring is required under clause (i); 

20 and 

21 (II) the records required under 

22 subclause (I) to be made available to 

23 the public; and 

24 (iii) to require fenceline monitoring 

25 under section 63.658 of title 40, Code of 


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1 Federal Regulations (as in effect on the 

2 date of enactment of this Act), for nitrogen 

3 oxides, sulfur dioxide, carbon monoxide, fil4 terable and condensable particulate matter, 

5 and all other relevant hazardous air pollut6 ants. 

7 (3) NATIONAL EMISSION STANDARDS FOR HAZ8 ARDOUS AIR POLLUTANTS IMPLEMENTATION IM9 PROVEMENTS.— 

10 (A) EQUIPMENT LEAKS OF BENZENE.— 

11 Not later than 3 years after the date of enact12 ment of this Act, the Administrator shall pro13 mulgate a final rule modifying section 61.112 

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

15 effect on the date of enactment of this Act) 

16 that strikes subsection (c). 

17 (B) BENZENE WASTE OPERATIONS.—Not 

18 later than 3 years after the date of enactment 

19 of this Act, the Administrator shall promulgate 

20 a final rule modifying subpart FF of part 61 of 

21 title 40, Code of Federal Regulations (as in ef22 fect on the date of enactment of this Act), to 

23 ensure that— 

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

25 is defined to mean an instrument reading 


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1 of less than 50 parts per million above 

2 background concentrations; and 

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

4 mean an instrument reading of greater 

5 than or equal to 50 parts per million above 

6 background concentrations. 

7 (C) MAXIMUM ACHIEVABLE CONTROL

8 TECHNOLOGY STANDARDS FOR COVERED FA9 CILITIES.—Not later than 3 years after the 

10 date of enactment of this Act, the Adminis11 trator shall— 

12 (i) promulgate a final rule modifying 

13 subpart YY of part 63 of title 40, Code of 

14 Federal Regulations (as in effect on the 

15 date of enactment of this Act), to ensure 

16 that— 

17 (I) the generic maximum achiev18 able control technology standards de19 scribed in that subpart— 

20 (aa) require no detectable 

21 emissions of hazardous air pollut22 ants, unless the Administrator— 

23 (AA) determines that 

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1 ardous air pollutants achiev2 able pursuant to section 

3 112(d)(2) of the Clean Air 

4 Act (42 U.S.C. 7412(d)(2)) 

5 justifies higher limits; and 

6 (BB) publishes the de7 termination under subitem 

8 (AA) and the proposed high9 er limits in a rulemaking; 

10 (bb) ensure an ample mar11 gin of safety to protect public 

12 health and prevent an adverse 

13 environmental effect; and 

14 (cc) prevent adverse cumu15 lative effects to fetal health, the 

16 health of children, and the health 

17 of vulnerable subpopulations; and 

18 (II) the term ‘‘no detectable 

19 emissions’’, as required under sub20 clause (I)(aa), is defined to mean an 

21 instrument reading of less than 50 

22 parts per million above background 

23 concentrations; and 

24 (ii) in promulgating the final rule re25 quired in clause (i)(I), consider— 


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1 (I) the effects and risks of expo2 sure from multiple sources of haz3 ardous air pollutants under the sub4 part modified under that clause; and 

5 (II) the best available science, in6 cluding science provided by the Na7 tional Academies of Science. 

8 (e) CLEAN WATER.— 

9 (1) REVISED EFFLUENT LIMITATION GUIDE10 LINES FOR THE ORGANIC CHEMICAL, PLASTICS, AND

11 SYNTHETIC FIBERS INDUSTRIAL CATEGORY.— 

12 (A) BAT AND NSPS STANDARDS FOR PLAS13 TIC POLYMER PRODUCTION.—Not later than 3 

14 years after the date of enactment of this Act, 

15 the Administrator shall promulgate a final 

16 rule— 

17 (i) that ensures that the best available 

18 technology limitations described in part 

19 414 of title 40, Code of Federal Regula20 tions (as modified under clause (ii)) applies 

21 to covered facilities that produce fewer 

22 than 5,000,001 pounds of covered products 

23 per year; 

24 (ii) modifying part 414 of title 40, 

25 Code of Federal Regulations (as in effect 


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

2 ensure that the best available technology 

3 and new source performance standard re4 quirements under that part reflect updated 

5 best available technology and best available 

6 demonstrated control technology for all 

7 pollutants discharged by covered facilities 

8 that produce covered products, including 

9 pollutants of concern that are not regu10 lated on the date of enactment of this Act; 

11 and 

12 (iii) modifying sections 414.91(b), 

13 414.101(b), and 414.111(b) of title 40, 

14 Code of Federal Regulations (as in effect 

15 on the date of enactment of this Act) to 

16 ensure that— 

17 (I) for new source performance 

18 standards for applicable covered facili19 ties producing covered products, the 

20 maximum effluent limit for any 1 day 

21 and for any monthly average for the 

22 priority pollutants described in appen23 dix A to part 423 of title 40, Code of 

24 Federal Regulations (as in effect on 

25 the date of enactment of this Act), is 


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1 0 milligrams per liter unless the Ad2 ministrator— 

3 (aa) determines that higher 

4 limits are justified using best 

5 available demonstrated control 

6 technology; and 

7 (bb) publishes the deter8 mination under item (aa) and the 

9 proposed higher limits in a rule10 making; and 

11 (II) for best available technology 

12 and new source performance stand13 ards, the maximum effluent limit for 

14 any 1 day and for any monthly aver15 age for total plastic pellets and other 

16 plastic material is 0 milligrams per 

17 liter. 

18 (B) EFFLUENT LIMITATIONS FOR WASTE19 WATER, SPILLS, AND RUNOFF FROM PLASTIC

20 POLYMER PRODUCTION FACILITIES, PLASTIC

21 MOLDING AND FORMING FACILITIES, AND

22 OTHER POINT SOURCES ASSOCIATED WITH THE

23 TRANSPORT AND PACKAGING OF PLASTIC PEL24 LETS OR OTHER PRE-PRODUCTION PLASTIC MA25 TERIALS.—Not later than 60 days after the 


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1 date of enactment of this Act, the Adminis2 trator shall promulgate a final rule to ensure 

3 that— 

4 (i) the discharge of plastic pellets or 

5 other pre-production plastic materials (in6 cluding discharge into wastewater and 

7 other runoff) from facilities regulated 

8 under part 414 or 463 of title 40, Code of 

9 Federal Regulations (as in effect on the 

10 date of enactment of this Act), is prohib11 ited; 

12 (ii) the discharge of plastic pellets or 

13 other pre-production plastic materials (in14 cluding discharge into wastewater and 

15 other runoff) from a point source (as de16 fined in section 502 of the Federal Water 

17 Pollution Control Act (33 U.S.C. 1362)) 

18 that makes, uses, packages, or transports 

19 those plastic pellets and other pre-produc20 tion plastic materials is prohibited; and 

21 (iii) the requirements under clauses 

22 (i) and (ii) are reflected in— 

23 (I) all wastewater, stormwater, 

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1 grams under section 402 of the Fed2 eral Water Pollution Control Act (33 

3 U.S.C. 1342) to facilities and other 

4 point sources (as defined in section 

5 502 of that Act (33 U.S.C. 1362)) 

6 that make, use, package, or transport 

7 plastic pellets or other pre-production 

8 plastic materials, as determined by 

9 the Administrator, in addition to 

10 other applicable limits and standards; 

11 and 

12 (II) all standards of performance 

13 promulgated under section 312(p) of 

14 the Federal Water Pollution Control 

15 Act (33 U.S.C. 1322(p)) that are ap16 plicable to point sources (as defined in 

17 section 502 of that Act (33 U.S.C. 

18 1362)) that make, use, package, or 

19 transport plastic pellets or other pre20 production plastic materials, as deter21 mined by the Administrator. 

22 (2) REVISED EFFLUENT LIMITATIONS GUIDE23 LINES FOR ETHYLENE AND PROPYLENE PRODUC24 TION.— 


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1 (A) BAT AND NSPS STANDARDS.—Not 

2 later than 3 years after the date of enactment 

3 of this Act, the Administrator shall promulgate 

4 a final rule— 

5 (i) modifying sections 419.23, 419.26, 

6 419.33, and 419.36 of title 40, Code of 

7 Federal Regulations (as in effect on the 

8 date of enactment of this Act), to ensure 

9 that the best available technology and new 

10 source performance standards reflect up11 dated best available technology and best 

12 available demonstrated control technology 

13 for all pollutants discharged by covered fa14 cilities producing ethylene or propylene; 

15 and 

16 (ii) modifying sections 419.26(a) and 

17 419.36(a) of title 40, Code of Federal Reg18 ulations (as in effect on the date of enact19 ment of this Act), to ensure that the new 

20 source performance standards for any 1 

21 day and for average of daily values for 30 

22 consecutive days for the priority pollutants 

23 described in appendix A to part 423 of 

24 title 40, Code of Federal Regulations (as 

25 in effect on the date of enactment of this 


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1 Act), is 0 milligrams per liter unless the 

2 Administrator— 

3 (I) determines that higher limits 

4 are necessary based on the best avail5 able demonstrated control technology; 

6 and 

7 (II) the Administrator publishes 

8 the determination under item (aa) and 

9 the proposed higher limits in a rule10 making. 

11 (B) RUNOFF LIMITATIONS FOR ETHYLENE

12 AND PROPYLENE PRODUCTION.—Not later than 

13 3 years after the date of enactment of this Act, 

14 the Administrator shall promulgate a final rule 

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

16 title 40, Code of Federal Regulations (as in ef17 fect on the date of enactment of this Act), to 

18 ensure that runoff limitations that reflect best 

19 available demonstrated control technology are 

20 included. 

21 (f) ENVIRONMENTAL JUSTICE REQUIREMENTS FOR

22 COVERED FACILITY PERMITS.— 

23 (1) IN GENERAL.—Not later than 3 years after 

24 the date of enactment of this Act, the Administrator 

25 shall promulgate a final rule to ensure that— 


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1 (A) any proposed permit to be issued by 

2 the Administrator or by a State agency dele3 gated authority under the Clean Air Act (42 

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

6 with respect to a covered facility is accompanied 

7 by an environmental justice assessment that— 

8 (i) assesses the direct and cumulative 

9 economic, environmental, and public health 

10 impacts of the proposed permit on front11 line communities; and 

12 (ii) proposes changes or alterations to 

13 the proposed permit that would, to the 

14 maximum extent practicable, eliminate or 

15 mitigate the impacts described in clause 

16 (i); 

17 (B) each proposed permit and environ18 mental justice assessment described in subpara19 graph (A) is delivered to applicable frontline 

20 communities at the beginning of the public com21 ment period for the proposed permit, which 

22 shall include notification— 

23 (i) through direct means; 

24 (ii) through publications likely to be 

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1 munity, including non-English language 

2 publications; and 

3 (iii) in the form of a public hearing in 

4 the frontline community— 

5 (I) for which public notice is pro6 vided— 

7 (aa) not less than 60 days 

8 before the date on which the pub9 lic hearing is to be held; and 

10 (bb) using the means de11 scribed in clauses (i) and (ii); 

12 and 

13 (II) for which translation services 

14 (as defined in section 12001 of the 

15 Solid Waste Disposal Act) are pro16 vided; and 

17 (III) that is accessible through 

18 live-streaming or alternative video 

19 streaming services for which trans20 lation services (as so defined) are pro21 vided; 

22 (C) the Administrator or a State agency 

23 delegated authority under the Clean Air Act 

24 (42 U.S.C. 7401 et seq.) or the Federal Water 

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


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1 as applicable, shall not approve a proposed per2 mit described in subparagraph (A) unless— 

3 (i) changes or alterations have been 

4 incorporated into the proposed permit that, 

5 to the maximum extent practicable, elimi6 nate or mitigate the environmental justice 

7 impacts described in subparagraph (A)(i); 

8 and 

9 (ii) the changes or alterations de10 scribed in clause (i) have been developed 

11 with meaningful input from residents or 

12 representatives of the frontline community 

13 in which the covered facility to which the 

14 proposed permit would apply is located or 

15 seeks to locate; 

16 (D) the Administrator or a State agency 

17 delegated authority under the Clean Air Act 

18 (42 U.S.C. 7401 et seq.) or the Federal Water 

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

20 as applicable, shall not approve a proposed per21 mit described in subparagraph (A) during the 

22 45-day period beginning on the date on which 

23 a public hearing described in subparagraph 

24 (B)(iii) is held for the proposed permit; and 


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1 (E) the approval of a proposed permit de2 scribed in subparagraph (A) is conditioned on 

3 the covered facility providing comprehensive 

4 fenceline monitoring and response strategies 

5 that fully protect public health and safety and 

6 the environment in frontline communities. 

7 (2) REQUIREMENT.—The Administrator shall 

8 develop the final rule required under paragraph (1) 

9 with input from— 

10 (A) residents of frontline communities; and 

11 (B) representatives of frontline commu12 nities. 

13 (g) EXTENDED PRODUCER RESPONSIBILITY FOR

14 INTERNATIONAL PLASTIC EXPORTS.—The temporary 

15 pause on the export of covered products under subsection 

16 (b)(4) shall remain in place until the Secretary of Com17 merce promulgates a final rule that— 

18 (1) requires the tracking of covered products 

19 from sale to disposal; 

20 (2) prohibits the export of covered products to 

21 purchasers that convert those plastics into single-use 

22 plastics or energy; 

23 (3) requires the Secretary of Commerce, not 

24 less frequently than once every 2 years and in con25 sultation with the Administrator and the Secretary 


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1 of Health and Human Services, to publish a report 

2 measuring and evaluating the environmental and en3 vironmental justice impacts of exporting covered 

4 products from sale to disposal; and 

5 (4) establishes enforceable mechanisms for sell6 ers or purchasers of covered products to mitigate the 

7 environmental and environmental justice impacts of 

8 those covered products from sale to disposal. 

Æ 


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