I 

118TH CONGRESS 

1ST SESSION H. R. 6053 

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

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

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

and disposal of consumer products and packaging, to prevent pollution 

from consumer products and packaging from entering into animal and 

human food chains and waterways, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 25, 2023 

Mr. HUFFMAN (for himself, Ms. BARRAGA ́N, Mr. CARBAJAL, Ms. CHU, Ms. 

CLARKE of New York, Mr. COHEN, Mr. CONNOLLY, Mr. DESAULNIER, 

Mr. GRIJALVA, Mr. JOHNSON of Georgia, Mr. KHANNA, Ms. LEE of California, Mr. LEVIN, Ms. MCCLELLAN, Ms. MCCOLLUM, Ms. MENG, Mr. 

MORELLE, Mr. MULLIN, Mr. NADLER, Ms. NORTON, Ms. PINGREE, Ms. 

PORTER, Mr. QUIGLEY, Mr. RASKIN, Mr. SARBANES, Ms. SCHAKOWSKY, 

Mr. SHERMAN, Ms. TOKUDA, Mr. TRONE, Ms. JAYAPAL, Mr. SCHIFF, 

Ms. LOIS FRANKEL of Florida, Mr. CLEAVER, Ms. WILSON of Florida, 

Mr. LYNCH, Mr. THANEDAR, Ms. PRESSLEY, Ms. OCASIO-CORTEZ, Mr. 

GOMEZ, Mr. CARSON, Mr. LIEU, Mr. MCGOVERN, Mr. PAYNE, Mr. BOWMAN, Mr. SCOTT of Virginia, and Ms. HOYLE of Oregon) introduced the 

following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Foreign Affairs, and Agriculture, 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 

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 


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of consumer products and packaging, to prevent pollution 

from consumer products and packaging from entering 

into animal and human food chains and waterways, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—EXTENDED RESPONSIBILITY FOR BEVERAGE 

CONTAINERS AND PACKAGING 

Sec. 101. Extended responsibility for beverage containers and packaging. 

TITLE II—PROTECTING COMMUNITIES FROM PLASTICS 

Sec. 201. Short title. 

Sec. 202. Findings. 

Sec. 203. Definitions. 

Sec. 204. Environmental justice protections at covered facilities. 

Sec. 205. Microplastics research and directives. 

Sec. 206. Reducing single-use plastics in agriculture. 

TITLE III—PLASTIC PELLET-FREE WATERS 

Sec. 301. Effluent limitations for wastewater, spills, and runoff from plastic 

polymer production facilities, plastic molding and forming facilities, and other point sources associated with the transport 

and packaging of plastic pellets or other preproduction plastic 

materials. 


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1 TITLE I—EXTENDED RESPONSI2 BILITY FOR BEVERAGE CON3 TAINERS AND PACKAGING 

4 SEC. 101. EXTENDED RESPONSIBILITY FOR BEVERAGE 

5 CONTAINERS AND PACKAGING. 

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

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

8 the following: 

9 ‘‘Subtitle K—Extended Responsi10 bility for Beverage Containers 

11 and Packaging 

12 ‘‘SEC. 12001. DEFINITIONS. 

13 ‘‘In this subtitle: 

14 ‘‘(1) ADVISORY COMMITTEE.—The term ‘advi15 sory committee’ means an advisory committee estab16 lished by the Administrator under section 12106(a). 

17 ‘‘(2) BEVERAGE.— 

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

19 means any drinkable liquid intended for human 

20 oral consumption, including— 

21 ‘‘(i) water; 

22 ‘‘(ii) flavored water; 

23 ‘‘(iii) soda water; 

24 ‘‘(iv) mineral water; 

25 ‘‘(v) beer; 


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1 ‘‘(vi) a malt beverage; 

2 ‘‘(vii) a carbonated soft drink; 

3 ‘‘(viii) liquor; 

4 ‘‘(ix) tea; 

5 ‘‘(x) coffee; 

6 ‘‘(xi) hard cider; 

7 ‘‘(xii) fruit juice; 

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

9 ‘‘(xiv) coconut water; 

10 ‘‘(xv) wine; 

11 ‘‘(xvi) a yogurt drink; 

12 ‘‘(xvii) a probiotic drink; 

13 ‘‘(xviii) a wine cooler; and 

14 ‘‘(xix) any other beverage determined 

15 to be appropriate by the Administrator. 

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

17 does not include— 

18 ‘‘(i) a drug regulated under the Fed19 eral Food, Drug, and Cosmetic Act (21 

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

21 ‘‘(ii) infant formula; or 

22 ‘‘(iii) a meal replacement liquid. 

23 ‘‘(3) BEVERAGE CONTAINER.— 


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

2 container’ means a prepackaged container 

3 that— 

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

5 ‘‘(ii) is made of any material, includ6 ing glass, plastic, and metal; and 

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

8 3 liters. 

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

10 container’ does not include— 

11 ‘‘(i) a carton; 

12 ‘‘(ii) a pouch; or 

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

14 drink box. 

15 ‘‘(4) BRAND.— 

16 ‘‘(A) IN GENERAL.—The term ‘brand’ 

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

18 device, or graphic element that— 

19 ‘‘(i) identifies a product; and 

20 ‘‘(ii) distinguishes the product from 

21 other products. 

22 ‘‘(B) INCLUSIONS.—The term ‘brand’ in23 cludes— 

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

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1 vices, or graphic elements described in sub2 paragraph (A); and 

3 ‘‘(ii) any registered or unregistered 

4 trademark. 

5 ‘‘(5) COMPOSTABLE.— 

6 ‘‘(A) IN GENERAL.—The term 

7 ‘compostable’, with respect to a covered product 

8 described in subparagraph (B), means that the 

9 covered product— 

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

11 standard specification for compostable 

12 products numbered D6400 or D6868— 

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

14 enactment of this subtitle; or 

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

16 enactment of this subtitle, if the revi17 sion is approved by the Administrator; 

18 and 

19 ‘‘(II) is labeled to reflect that the cov20 ered product meets a standard described in 

21 subclause (I); 

22 ‘‘(ii) is certified as a compostable 

23 product by an independent third party that 

24 is approved by the Administrator; or 


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1 ‘‘(iii) comprises only wood or natural 

2 fiber, without any— 

3 ‘‘(I) coating; 

4 ‘‘(II) additive; or 

5 ‘‘(III) effective beginning on Feb6 ruary 1, 2025, toxic substance. 

7 ‘‘(B) DESCRIPTION OF COVERED PROD8 UCTS.—The covered products referred to in 

9 subparagraph (A) are covered products other 

10 than— 

11 ‘‘(i) paper; and 

12 ‘‘(ii) effective beginning on February 

13 1, 2025, a covered product that contains a 

14 toxic substance. 

15 ‘‘(6) COVERED PRODUCT.— 

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

17 product’, regardless of recyclability, 

18 compostability, or material type, means— 

19 ‘‘(i) packaging; 

20 ‘‘(ii) a food service product; 

21 ‘‘(iii) paper; and 

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

23 subject to a prohibition under section 

24 12202 or 12203. 


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

2 product’ does not include— 

3 ‘‘(i) a beverage container; or 

4 ‘‘(ii) any product subject to an ex5 tended responsibility program at the State 

6 level, as determined by the Administrator. 

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

8 ‘environmental justice’ means the fair treatment and 

9 meaningful involvement of all individuals, regardless 

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

11 income, with respect to the development, implemen12 tation, and enforcement of environmental laws, regu13 lations, and policies to ensure that— 

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

15 opportunities for meaningful public participa16 tion with respect to human health and environ17 mental planning, regulations, and enforcement 

18 is provided to each census tract and census 

19 block group— 

20 ‘‘(i) the percentage of population of 

21 people of color of which is not less than the 

22 average percentage of population of people 

23 of color in the State in which the tract or 

24 block group is located; or 


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1 ‘‘(ii) the percentage of population of 

2 households with an income of not more 

3 than twice the Federal poverty level of 

4 which is not less than the percentage of 

5 population of those households in the ap6 plicable State; 

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

8 described in subparagraph (A) is exposed to a 

9 disproportionate burden of the negative human 

10 health and environmental impacts of pollution 

11 or other environmental hazards; and 

12 ‘‘(C) the 17 principles described in the doc13 ument entitled ‘The Principles of Environ14 mental Justice’, written and adopted at the 

15 First National People of Color Environmental 

16 Leadership Summit convened on October 24 

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

18 upheld. 

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

20 service product’ means an item intended to deliver a 

21 food product, regardless of the recyclability or 

22 compostability of the item, including— 

23 ‘‘(A) a utensil; 

24 ‘‘(B) a straw; 

25 ‘‘(C) a stirrer; 


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1 ‘‘(D) a drink cup; 

2 ‘‘(E) a drink lid; 

3 ‘‘(F) a food package; 

4 ‘‘(G) a food container; 

5 ‘‘(H) a hinged or lidded container (com6 monly known as a ‘clamshell’); 

7 ‘‘(I) a plate; 

8 ‘‘(J) a bowl; 

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

10 tray; 

11 ‘‘(L) a food wrapper; and 

12 ‘‘(M) a beverage container. 

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

14 means a Producer Responsibility Organization de15 scribed in section 12102(a)(1). 

16 ‘‘(10) PACKAGING.— 

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

18 means— 

19 ‘‘(i) any package or container, regard20 less of recyclability or compostability; and 

21 ‘‘(ii) any separable and distinct mate22 rial component, regardless of recyclability 

23 or compostability, used for the contain24 ment, protection, handling, delivery, and 

25 presentation of goods that are sold, offered 


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1 for sale, or distributed to consumers in the 

2 United States, including through an inter3 net transaction. 

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

5 includes— 

6 ‘‘(i) an item described in subpara7 graph (A) that is— 

8 ‘‘(I) sales packaging or primary 

9 packaging intended for the consumer 

10 market; 

11 ‘‘(II) service packaging designed 

12 and intended to be used or filled at 

13 the point of sale, such as carry-out 

14 bags, bulk good bags, take-out bags, 

15 and home delivery food service prod16 ucts; 

17 ‘‘(III) secondary packaging used 

18 to group products for multiunit sale; 

19 or 

20 ‘‘(IV) tertiary packaging used for 

21 transportation or distribution directly 

22 to a consumer; and 

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

24 ‘‘(I) hung on, or attached to, a 

25 product; and 


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1 ‘‘(II) performing a packaging 

2 function. 

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

4 does not include an item described in subpara5 graph (A) or (B) that— 

6 ‘‘(i) is used for the long-term protec7 tion or storage of a product; and 

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

9 5 years, as determined by the Adminis10 trator. 

11 ‘‘(11) PAPER.— 

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

13 means a paper product that is sold, offered for 

14 sale, delivered, or distributed to a consumer or 

15 business in the United States. 

16 ‘‘(B) INCLUSIONS.—The term ‘paper’ in17 cludes— 

18 ‘‘(i) newsprint and inserts; 

19 ‘‘(ii) magazines and catalogs; 

20 ‘‘(iii) direct mail; 

21 ‘‘(iv) office paper; and 

22 ‘‘(v) telephone directories. 

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

24 not include— 


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

2 intended use of the product, could become 

3 unsafe or unsanitary to recycle; or 

4 ‘‘(ii) a bound book. 

5 ‘‘(12) PLAN.—The term ‘Plan’ means a Prod6 uct Stewardship Plan of an Organization under sec7 tion 12103(a). 

8 ‘‘(13) PLASTIC.— 

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

10 means a synthetic or semisynthetic material 

11 that is— 

12 ‘‘(i) synthesized by the polymerization 

13 of organic substances; and 

14 ‘‘(ii) capable of being shaped into var15 ious rigid and flexible forms. 

16 ‘‘(B) INCLUSIONS.—The term ‘plastic’ in17 cludes any coating or adhesive described in sub18 paragraph (A). 

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

20 component’ means an item that— 

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

22 plastic; and 

23 ‘‘(B) comprises— 

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

25 or 


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

2 that is detachable on or after use of the 

3 covered product. 

4 ‘‘(15) POST-CONSUMER RECYCLED MATE5 RIAL.— 

6 ‘‘(A) IN GENERAL.—The term ‘post-con7 sumer recycled material’ means new material 

8 produced using material resulting from the re9 covery, separation, collection, and reprocessing 

10 of material that— 

11 ‘‘(i) was originally sold for consump12 tion; and 

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

14 processed as waste. 

15 ‘‘(B) EXCLUSIONS.—The term ‘post-con16 sumer recycled material’ does not include— 

17 ‘‘(i) post-industrial material; 

18 ‘‘(ii) preconsumer material; or 

19 ‘‘(iii) a material or byproduct— 

20 ‘‘(I) generated by means of ad21 vanced recycling, chemical recycling, 

22 combustion, gasification, incineration, 

23 pyrolysis, solvolysis, thermal 

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1 fuel, or any other chemical or molec2 ular conversion process; or 

3 ‘‘(II) generated from, and com4 monly reused within, an original man5 ufacturing and fabrication process. 

6 ‘‘(16) PRODUCER.— 

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

8 means an entity that— 

9 ‘‘(i)(I) manufactures a covered prod10 uct or beverage container; and 

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

12 brand or trademark under which that cov13 ered product or beverage container is— 

14 ‘‘(aa) used in a commercial enter15 prise in the United States; 

16 ‘‘(bb) sold or offered for sale in 

17 the United States; or 

18 ‘‘(cc) distributed in the United 

19 States; 

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

21 (i) exists with respect to a covered product 

22 or beverage container, owns or, if the 

23 owner is not located in the United States, 

24 is the exclusive licensee of a brand or 

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1 uct or beverage container is used in a com2 mercial enterprise, sold or offered for sale, 

3 or distributed, in the United States; or 

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

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

6 product or beverage container, sells, offers 

7 for sale, or distributes the covered product 

8 or beverage container in the United States. 

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

10 does not include an entity that produces, har11 vests, and packages an agricultural commodity 

12 on the site where the agricultural commodity 

13 was grown or raised. 

14 ‘‘(C) RELATED DEFINITIONS.—For pur15 poses of subparagraph (A): 

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

17 means an entity that holds the exclusive 

18 right to use a trademark or brand in the 

19 United States in connection with the man20 ufacture, sale, or distribution of a covered 

21 product or beverage container. 

22 ‘‘(ii) MANUFACTURE.—The term 

23 ‘manufacture’, with respect to a beverage 

24 container, means to bottle, can, or other25 wise fill a beverage container for sale to— 


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1 ‘‘(I) distributors distributing bev2 erage containers to retailers; 

3 ‘‘(II) importers; or 

4 ‘‘(III) retailers. 

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

6 the delivery of a covered product or bev7 erage container to a purchaser in the 

8 United States. 

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

10 means a group of related products marketed under 

11 a single brand name that— 

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

13 by a distributor in the United States, including 

14 through an internet transaction; and 

15 ‘‘(B) is used by the distributor for the pur16 pose of distinguishing those products from 

17 other, similar products for better usability for 

18 consumers. 

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

20 term ‘prohibited plastic packaging’ means plastic 

21 packaging that— 

22 ‘‘(A) contains a nondetectable pigment, 

23 such as carbon black; 

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

25 partially of polyethylene terephthalate glycol; 


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1 ‘‘(C) is composed wholly or partially of pol2 ystyrene, including expanded polystyrene; 

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

4 polyvinyl chloride, including polyvinylidene chlo5 ride; 

6 ‘‘(E) contains an oxodegradable additive, 

7 including an oxobiodegradable additive; or 

8 ‘‘(F) contains a problematic label construc9 tion that hinders recycling or makes the pack10 aging nonrecyclable, including adhesives, inks, 

11 materials, and design features. 

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

13 with respect to a covered product or a beverage con14 tainer, means that the covered product or beverage 

15 container— 

16 ‘‘(A) can be economically and technically 

17 recycled in current United States market condi18 tions; 

19 ‘‘(B) is collected pursuant to 1 or more re20 cycling programs covering not less than 60 per21 cent of the population of the United States; 

22 ‘‘(C) can be sorted into 1 or more recy23 cling-process defined streams that are sent to, 

24 and reclaimed at, a reclaiming facility in ac25 cordance with the applicable requirements of 


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1 the Basel Convention on the Control of Trans2 boundary Movements of Hazardous Wastes and 

3 Their Disposal, done at Basel, Switzerland, 

4 March 22, 1989; 

5 ‘‘(D) does not include an attached compo6 nent, such as a shrink sleeve, label, or filter, 

7 that is required to be removed by a consumer 

8 before the covered product or beverage con9 tainer can be recycled; and 

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

11 designed not to include any component, ink, ad12 hesive, or label that prevents recycling of the 

13 plastic packaging according to the most-recent 

14 design guide published by the Association of 

15 Plastic Recyclers; and 

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

17 any other covered product— 

18 ‘‘(I) is designed to meet the require19 ments of subparagraphs (A) through (D); 

20 and 

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

22 ink, adhesive, or label that prevents recy23 cling of the covered product or nonplastic 

24 packaging. 

25 ‘‘(20) RECYCLE.— 


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

2 means the series of activities by which a cov3 ered product or beverage container is— 

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

5 and 

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

7 with minimal loss of material quality; 

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

9 product, including the original covered 

10 product or beverage container; or 

11 ‘‘(III) in the case of composting or or12 ganic recycling, productively used for soil 

13 improvement. 

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

15 does not include— 

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

17 and aggregating materials from solid waste 

18 that does not preserve original material 

19 quality, as a result of which the aggregated 

20 material— 

21 ‘‘(I) is no longer usable for— 

22 ‘‘(aa) the initial purpose; or 

23 ‘‘(bb) a substantially similar 

24 purpose; and 


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1 ‘‘(II) can only be used for an in2 ferior purpose or product (commonly 

3 referred to as ‘downcycling’); 

4 ‘‘(ii) the use of waste— 

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

6 ‘‘(II) for energy production; 

7 ‘‘(III) for repurposing into infra8 structure, including— 

9 ‘‘(aa) pavement for streets 

10 or sidewalks; 

11 ‘‘(bb) building materials; 

12 and 

13 ‘‘(cc) other infrastructure 

14 projects, as determined by the 

15 Administrator; 

16 ‘‘(IV) for alternate operating 

17 cover; or 

18 ‘‘(V) within the footprint of a 

19 landfill; or 

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

21 alternative product, such as a chemical, 

22 feedstock, fuel, or energy, through— 

23 ‘‘(I) incineration; 

24 ‘‘(II) pyrolysis; 

25 ‘‘(III) hydropyrolysis; 


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1 ‘‘(IV) methanolysis; 

2 ‘‘(V) gasification; or 

3 ‘‘(VI) a similar technology, as de4 termined by the Administrator. 

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

6 return to a retailer or producer an empty beverage 

7 container in exchange for a refund of the applicable 

8 amount under section 12108(c). 

9 ‘‘(22) REDEMPTION CENTER.—The term ‘re10 demption center’ means a facility established under 

11 section 12108(e)(2). 

12 ‘‘(23) REFILLABLE; REUSABLE.—The term ‘re13 fillable’ or ‘reusable’, with respect to a beverage con14 tainer or covered product, means that the beverage 

15 container or covered product is— 

16 ‘‘(A) explicitly designed and marketed to 

17 be used— 

18 ‘‘(i) by a producer or consumer, mul19 tiple times for the same or a similar prod20 uct; or 

21 ‘‘(ii) by a producer, for another pur22 poseful packaging use in a supply chain; 

23 ‘‘(B) designed for durability to function 

24 properly in original condition for multiple uses; 


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1 ‘‘(C) mechanically feasible for refill or 

2 reuse in current United States market condi3 tions; 

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

5 number of cycles as the Administrator deter6 mines to be appropriate to achieve a significant 

7 environmental benefit across the lifecycle of the 

8 beverage container or covered product, as com9 pared to a single-use beverage container or cov10 ered product; and 

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

12 the United States under which not less than 95 

13 percent of beverage containers are returned to 

14 distributors for reuse and refill. 

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

16 ‘responsible end market’ means a material market in 

17 which the recycling or recovery of materials or the 

18 disposal of contaminants is conducted in a manner 

19 that, as determined by the Administrator— 

20 ‘‘(A) benefits the environment; and 

21 ‘‘(B) minimizes risks to— 

22 ‘‘(i) public health; and 

23 ‘‘(ii) worker health and safety. 

24 ‘‘(25) RESTAURANT.— 


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

2 means an establishment the primary business of 

3 which is the preparation of food or beverages 

4 for consumption by the public— 

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

6 consumable immediately at the establish7 ment, regardless of whether a purchased 

8 food or beverage is consumed on-premises; 

9 or 

10 ‘‘(ii) in a consumable form for con11 sumption off-premises. 

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

13 includes a fast food restaurant. 

14 ‘‘(26) RETAILER.— 

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

16 means an entity located in the United States 

17 that— 

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

19 containers or covered products to a con20 sumer; or 

21 ‘‘(ii) provides beverage containers or 

22 covered products to an individual or entity 

23 in commerce, including provision free of 

24 charge, such as at a workplace or event. 


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1 ‘‘(B) INCLUSION.—The term ‘retailer’ in2 cludes an entity located in the United States 

3 that engages in the sale of, or provides, bev4 erage containers as described in subparagraph 

5 (A) through a vending machine or similar 

6 means. 

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

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

9 relating to refillable or reusable covered products 

10 and beverage containers that is supported by ade11 quate infrastructure at the producer level, and ade12 quate and convenient availability and retail infra13 structure at the consumer level, to ensure that the 

14 covered products and beverage containers can be— 

15 ‘‘(A) repeatedly recovered, inspected, re16 paired (if necessary), and reissued by producers 

17 into the supply chain for reuse or refill for mul18 tiple cycles; and 

19 ‘‘(B) conveniently and safely reused or re20 filled by producers and consumers for multiple 

21 cycles. 

22 ‘‘(28) SINGLE-USE.— 

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

24 with respect to a covered product or a beverage 

25 container, means that the covered product or 


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1 beverage container is routinely disposed of, re2 cycled, or otherwise discarded after 1 use. 

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

4 with respect to a covered product, does not in5 clude a covered product that is— 

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

7 device, or other product determined by the 

8 Secretary of Health and Human Services 

9 necessarily to be made of plastic for the 

10 protection of public health; 

11 ‘‘(ii) personal protective equipment, 

12 including— 

13 ‘‘(I) masks; 

14 ‘‘(II) gloves; 

15 ‘‘(III) face shields; and 

16 ‘‘(IV) other personal protective 

17 equipment, as determined by Sec18 retary of Health and Human Services; 

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

20 due to the intended use of the product, 

21 could become unsafe or unsanitary to recy22 cle, such as a diaper; or 

23 ‘‘(iv) packaging used for— 

24 ‘‘(I) any product described in 

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


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1 ‘‘(II) the shipment of hazardous 

2 materials, and is prohibited from 

3 being composed of used materials 

4 under section 178.509 or 178.522 of 

5 title 49, Code of Federal Regulations 

6 (as in effect on the date of enactment 

7 of this subtitle). 

8 ‘‘(29) SOURCE REDUCTION.— 

9 ‘‘(A) IN GENERAL.—The term ‘source re10 duction’ means a reduction in the quantity of 

11 covered products or beverage containers pro12 duced by a producer, as compared to a baseline 

13 established pursuant to section 12105(b), in14 cluding due to— 

15 ‘‘(i) shifting to reusable or refillable 

16 packaging or food service product systems; 

17 or 

18 ‘‘(ii) eliminating unnecessary pack19 aging. 

20 ‘‘(B) EXCLUSIONS.—The term ‘source re21 duction’ does not include— 

22 ‘‘(i) replacing recyclable or 

23 compostable single-use plastic packaging or 

24 food service products with— 


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1 ‘‘(I) a nonrecyclable or 

2 noncompostable single-use plastic 

3 packaging or food service products; or 

4 ‘‘(II) single-use plastic packaging 

5 or food service products that are less 

6 likely to be recycled or composted; or 

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

8 plastic packaging or food service products 

9 to plastic post-consumer recycled material. 

10 ‘‘(30) TOXIC SUBSTANCE.— 

11 ‘‘(A) IN GENERAL.—The term ‘toxic sub12 stance’ means any substance, mixture, or com13 pound that— 

14 ‘‘(i) may cause— 

15 ‘‘(I) personal injury or disease to 

16 humans through ingestion, inhalation, 

17 or absorption through any body sur18 face; or 

19 ‘‘(II) adverse impacts on the en20 vironment; and 

21 ‘‘(ii) satisfies 1 or more of the condi22 tions described in subparagraph (B). 

23 ‘‘(B) CONDITIONS.—The conditions re24 ferred to in subparagraph (A)(ii) are the fol25 lowing: 


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1 ‘‘(i) The substance, mixture, or com2 pound is subject to reporting requirements 

3 under— 

4 ‘‘(I) the Emergency Planning 

5 and Community Right-To-Know Act 

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

7 ‘‘(II) the Comprehensive Envi8 ronmental Response, Compensation, 

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

10 9601 et seq.); or 

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

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

13 ‘‘(ii) The National Institute for Occu14 pational Safety and Health, the Occupa15 tional Safety and Health Administration, 

16 the National Toxicology Program, the Cen17 ters for Disease Control and Prevention, 

18 the Administrator of Health and Human 

19 Services, the National Institute for Envi20 ronmental Health Sciences, or the Envi21 ronmental Protection Agency has estab22 lished that the substance, mixture, or com23 pound poses an acute or chronic health 

24 hazard, including developmental, reproduc25 tive, or endocrine effects. 


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1 ‘‘(iii) The National Institute for Occu2 pational Safety and Health or the Environ3 mental Protection Agency has recognized 

4 that the substance, mixture, or compound 

5 may increase the risk of developing a la6 tent disease. 

7 ‘‘(iv) The substance, mixture, or com8 pound is— 

9 ‘‘(I) a perfluoroalkyl or 

10 polyfluoroalkyl substance; 

11 ‘‘(II) an orthophthalate; 

12 ‘‘(III) a bisphenol compound (but 

13 not including an alkyl-substituted 

14 bisphenol compound generated 

15 through a xylenol-aldehyde process); 

16 ‘‘(IV) a halogenated or nanoscale 

17 flame-retardant chemical; 

18 ‘‘(V) UV 328 (2-(2H19 benzotriazol-2-yl)-4,6-di-tert20 pentylphenol); 

21 ‘‘(VI) a chlorinated paraffin; 

22 ‘‘(VII) listed as a persistent or23 ganic pollutant by the Stockholm Con24 vention on Persistent Organic Pollut25 ants; 


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1 ‘‘(VIII) given an overall carcino2 genicity evaluation of Group 1, Group 

3 2A, or Group 2B by the International 

4 Agency for Research on Cancer; or 

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

6 explosive, corrosive, flammable, 

7 ecotoxic, or infectious waste by the 

8 Basel Convention on the Control of 

9 Transboundary Movements of Haz10 ardous Wastes and Their Disposal, 

11 done at Basel, Switzerland, March 22, 

12 1989. 

13 ‘‘(v) The substance, mixture, or com14 pound is a chemical or chemical class that, 

15 as determined by the Administrator, has 

16 been identified by a Federal agency, State 

17 agency, or international intergovernmental 

18 agency as being 1 or more of the following: 

19 ‘‘(I) A carcinogen, mutagen, re20 productive toxicant, immunotoxicant, 

21 neurotoxicant, or endocrine disruptor. 

22 ‘‘(II) A persistent bioaccumula23 tive. 

24 ‘‘(III) A chemical or chemical 

25 class that may— 


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1 ‘‘(aa) harm the normal de2 velopment of a fetus or child or 

3 cause other developmental tox4 icity in humans or wildlife; 

5 ‘‘(bb) harm organs or cause 

6 other systemic toxicity; or 

7 ‘‘(cc) have an adverse im8 pact on— 

9 ‘‘(AA) air quality; 

10 ‘‘(BB) ecology; 

11 ‘‘(CC) soil quality; or 

12 ‘‘(DD) water quality. 

13 ‘‘(IV) A chemical or chemical 

14 class that has toxicity equivalent to 

15 the toxicity reflected in a criterion de16 scribed in any of subclauses (I) 

17 through (III). 

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

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

20 all of the States. 

21 ‘‘PART I—EXTENDED RESPONSIBILITY 

22 ‘‘SEC. 12101. EXTENDED RESPONSIBILITY. 

23 ‘‘(a) PARTICIPATION IN ORGANIZATION RE24 QUIRED.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in sub2 section (b), effective beginning on February 1, 2025, 

3 each producer of a covered product or beverage con4 tainer that is sold, distributed, or imported into the 

5 United States shall— 

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

7 Organizations, based on category of covered 

8 products or beverage containers, for which a 

9 Plan is approved by the Administrator; and 

10 ‘‘(B) pursuant to that participation, 

11 achieve the performance targets described in 

12 paragraph (2). 

13 ‘‘(2) PERFORMANCE TARGETS.—The perform14 ance targets referred to in paragraph (1)(B) are the 

15 following, with respect to the covered products and 

16 beverage containers subject to the responsibility of 

17 the applicable producer: 

18 ‘‘(A) All plastic covered products and bev19 erage containers have been subject to source re20 duction in accordance with section 12105. 

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

22 2033, all covered products and beverage con23 tainers are reusable, recyclable, or compostable. 


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1 ‘‘(C) All covered products and beverage 

2 containers achieve compliance with section 

3 12113. 

4 ‘‘(D) The following recycling rates (by cat5 egory of covered product or beverage container) 

6 are achieved for each covered product and bev7 erage container: 

8 ‘‘(i) Not less than 50 percent by Jan9 uary 1, 2030. 

10 ‘‘(ii) Not less than 65 percent by Jan11 uary 1, 2040. 

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

13 January 1, 2050. 

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

15 or beverage container, including a producer that operates 

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

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

18 this part if the producer— 

19 ‘‘(1)(A) for fiscal year 2023, had an annual rev20 enue of less than $1,000,000; and 

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

22 thereafter, has an annual revenue of less than the 

23 applicable amount under section 12108(c) during 

24 the preceding fiscal year, as adjusted to reflect 

25 changes for the 12-month period ending on the preVerDate Sep 11 2014 23:52 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H6053.IH H6053

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1 ceding November 30 in the Consumer Price Index 

2 for All Urban Consumers published by the Bureau 

3 of Labor Statistics of the Department of Labor; or 

4 ‘‘(2) is the producer of less than 1 ton of cov5 ered products or beverage containers in commerce 

6 each year. 

7 ‘‘(c) ENFORCEMENT.— 

8 ‘‘(1) PROHIBITION.—Except as provided in sub9 section (b), it shall be unlawful for any producer to 

10 sell, use, or distribute any covered product or bev11 erage container in commerce except in compliance 

12 with this part. 

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

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

15 ‘‘(A) for each violation; 

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

17 and 

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

19 than $70,117. 

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

21 may bring a civil action to enjoin the sale, distribu22 tion, or importation into the United States of a cov23 ered product or beverage container in violation of 

24 this part. 


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

3 under paragraph (2) or (3) if the Administrator de4 termines that the State meets such requirements as 

5 the Administrator may establish, subject to the con6 dition that any fine collected by a State pursuant to 

7 paragraph (2) shall be deposited in the Reduction 

8 and Litter Cleanup Trust Fund established by sec9 tion 12112(b). 

10 ‘‘(d) CATEGORIES.—The Administrator, in consulta11 tion with Organizations, shall promulgate regulations to 

12 establish, for purposes of this part— 

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

14 Administrator determines to be appropriate; and 

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

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

17 antitrust laws (as defined in the first section of the Clay18 ton Act (15 U.S.C. 12)) shall not apply to a producer or 

19 Organization that carries out any activity in accordance 

20 with an approved Plan if the activity is necessary to de21 velop and implement the Plan. 

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

23 date of enactment of this subtitle, the Administrator shall 

24 promulgate such regulations as the Administrator deterVerDate Sep 11 2014 23:52 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H6053.IH H6053

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1 mines to be necessary to implement, administer, and en2 force this part, including methods and processes for— 

3 ‘‘(1) collecting information necessary to ensure 

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

5 ‘‘(2) determining compliance with the require6 ments of this part. 

7 ‘‘SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS. 

8 ‘‘(a) PARTICIPATION.— 

9 ‘‘(1) IN GENERAL.—For each category of cov10 ered products or beverage containers sold, distrib11 uted, or imported into the United States by a pro12 ducer, the producer shall establish a new, or join an 

13 existing, Producer Responsibility Organization. 

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

15 may participate in— 

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

17 Organization is established for a different cat18 egory of covered products or beverage con19 tainers subject to the responsibility of the pro20 ducer; but 

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

22 respect to each category of covered products; 

23 ‘‘(ii) only 1 national Organization with re24 spect to beverage containers; and 


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1 ‘‘(iii) only 1 regional Organization with re2 spect to beverage containers and each category 

3 of covered products for each region in which the 

4 beverage containers or covered products, respec5 tively, are sold. 

6 ‘‘(3) NEW PRODUCERS.— 

7 ‘‘(A) IN GENERAL.—A producer that com8 mences operation in the United States, or that 

9 produces a covered product or beverage con10 tainer that is new to the producer in the United 

11 States, after the date of approval of Organiza12 tions under subsection (b) shall establish a new, 

13 or join an existing, Organization for the appli14 cable category of covered products or beverage 

15 containers. 

16 ‘‘(B) APPROVAL.—A new Organization es17 tablished pursuant to subparagraph (A) shall be 

18 approved or disapproved by the Administrator 

19 in accordance with subsection (b). 

20 ‘‘(b) APPROVAL BY ADMINISTRATOR.— 

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

22 Organization pursuant to subsection (a) shall be 

23 subject to the approval of the Administrator. 

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

25 2025, the governing body of each Organization shall 


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1 submit to the Administrator an application describ2 ing the means by which the Organization meets the 

3 criteria described in paragraph (3). 

4 ‘‘(3) CRITERIA.—The Administrator may ap5 prove the establishment of an Organization only if 

6 the Administrator determines that the Organiza7 tion— 

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

9 producers that represent the diversity of appli10 cable covered products or beverage containers, 

11 as applicable, in the market; and 

12 ‘‘(B) demonstrates that the Organization 

13 has in effect adequate financial responsibility 

14 and financial controls, including fraud preven15 tion measures and an audit schedule, to ensure 

16 proper management of funds. 

17 ‘‘(4) ADDITIONAL ORGANIZATIONS.—After Jan18 uary 1, 2035, on a determination by the Adminis19 trator that additional Organizations would be bene20 ficial in satisfying the requirements of this part, the 

21 Administrator may approve additional Organizations 

22 that meet the requirements of this subsection. 

23 ‘‘(5) REVOCATION.— 

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

25 shall revoke approval of an Organization under 


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1 this subsection if the Administrator determines 

2 that the Organization— 

3 ‘‘(i) ceases to meet the requirements 

4 of this part, including the criteria de5 scribed in paragraph (3); or 

6 ‘‘(ii) fails to implement and admin7 ister an approved Plan in a manner that 

8 effectuates the purposes of this part. 

9 ‘‘(B) REPLACEMENT.—If the Adminis10 trator revokes approval of an Organization pur11 suant to subparagraph (A), the Administrator 

12 may approve 1 or more additional Organiza13 tions to carry out the responsibilities of the re14 voked Organization under this part for the ap15 plicable category of covered products or bev16 erage containers, subject to the criteria de17 scribed in paragraph (3). 

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

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

20 of the Organization to carry out the responsibilities of the 

21 producer under this part with respect to the applicable 

22 category of covered products or beverage containers. 

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

24 is established under subsection (a) with respect to a cat25 egory of covered products or beverage containers, the AdVerDate Sep 11 2014 23:52 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H6053.IH H6053

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1 ministrator shall, as necessary, establish a process to re2 quire coordination among those Organizations. 

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

4 be— 

5 ‘‘(1) established and operated as an organiza6 tion described in section 501(c)(3) of the Internal 

7 Revenue Code of 1986; and 

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

9 Code. 

10 ‘‘SEC. 12103. PRODUCT STEWARDSHIP PLANS. 

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

12 the date on which an Organization is approved under sec13 tion 12102(b), the Organization shall develop and submit 

14 to the Administrator a Product Stewardship Plan, to15 gether with a budget, that describes the means by which 

16 the Organization will carry out the responsibilities of the 

17 Organization under this part. 

18 ‘‘(b) REQUIREMENTS.— 

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

20 a minimum— 

21 ‘‘(A) contact information for the Organiza22 tion submitting the Plan; 

23 ‘‘(B) a list of participating producers rep24 resented by the Organization, including indiVerDate Sep 11 2014 23:52 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H6053.IH H6053

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1 vidual contact information for each such pro2 ducer; 

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

4 and measurable criteria, to the maximum extent 

5 practicable, of— 

6 ‘‘(i) each category of covered products 

7 or beverage containers covered by the Plan 

8 and the quantity (by number and weight) 

9 of each covered product or beverage con10 tainer in each category; 

11 ‘‘(ii) the means by which the Organi12 zation will— 

13 ‘‘(I) meet the criteria described 

14 in section 12102(b)(3); 

15 ‘‘(II) in an economically efficient 

16 and practical manner, provide for the 

17 necessary infrastructure and viable re18 sponsible end markets based on the 

19 most-recent needs assessment under 

20 section 12107; and 

21 ‘‘(III) use existing collection pro22 grams and reuse, recycling, 

23 composting, sorting, and processing 

24 infrastructure, to the maximum extent 

25 practicable; 


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1 ‘‘(iii) a source reduction plan under 

2 section 12105(a); 

3 ‘‘(iv) the means by which each appli4 cable type of covered product or beverage 

5 container will be collected to meet the per6 formance targets described in section 

7 12101(a)(2); 

8 ‘‘(v) consumer education plans in ac9 cordance with section 12111; 

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

11 as a process for answering customer ques12 tions and resolving issues; 

13 ‘‘(vii) sound management practices for 

14 worker health and safety; 

15 ‘‘(viii) the means by which partici16 pating producers will work with, improve, 

17 and fund existing reuse, recycling, 

18 composting, litter cleanup, sorting, and 

19 processing infrastructure; 

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

21 ‘‘(x) the means by which participating 

22 producers will consult with the Federal 

23 Government, units of State and local gov24 ernment, and other stakeholders; 


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

2 designed to fully fund the costs to carry out 

3 this part, including all costs associated with the 

4 implementation of the Plan, including— 

5 ‘‘(i) reimbursing the Administrator for 

6 costs, as required; 

7 ‘‘(ii) reimbursing members of an advi8 sory committee; 

9 ‘‘(iii) administering the Organization; 

10 ‘‘(iv) investments— 

11 ‘‘(I) identified in the source re12 duction plan or needs assessment; 

13 ‘‘(II) to develop sustainable re14 sponsible end markets for each cov15 ered product or beverage container 

16 category included in the Plan; or 

17 ‘‘(III) otherwise necessary to 

18 meet the criteria described in section 

19 12102(b)(3); and 

20 ‘‘(v) environmental mitigation activi21 ties; 

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

23 by participating producers in accordance with 

24 section 12104, including the method of calcula25 tion of the fee and a description of the process 


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1 by which the Organization shall collect the fee 

2 from those producers; and 

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

4 the affairs of the Organization that— 

5 ‘‘(i) ensures that participating pro6 ducers will continue to meet the obligations 

7 of the producers in the event of— 

8 ‘‘(I) dissolution of the Organiza9 tion; or 

10 ‘‘(II) revocation of approval by 

11 the Administrator; and 

12 ‘‘(ii) describes a process for notifying 

13 the Administrator, relevant advisory com14 mittees, and relevant contractors of such a 

15 dissolution or revocation. 

16 ‘‘(2) LIMITATIONS ON BUDGET.—An Organiza17 tion may not expend any revenues collected by the 

18 Organization— 

19 ‘‘(A) to pay a civil penalty; 

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

21 between or among producers, the Organization, 

22 or units of government; 

23 ‘‘(C)(i) to provide compensation to a rep24 resentative of the Organization relating to the 


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1 passage, defeat, approval, or modification of 

2 proposed Federal, State, or local legislation; or 

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

4 30-day period occurring before or during a Fed5 eral, State, or local legislative session for the 

6 purposes of encouraging the passage, defeat, 

7 approval, or modification of proposed legisla8 tion; or 

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

10 recycling technology described in subparagraph 

11 (B) of section 12001(20). 

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

13 date of receipt of a Plan under subsection (a), the Admin14 istrator shall— 

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

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

17 determination of the Administrator under paragraph 

18 (1). 

19 ‘‘(d) IMPLEMENTATION.—An Organization shall com20 mence implementing the Plan of the Organization on the 

21 later of— 

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

23 notification of approval of the Plan under subsection 

24 (c)(2); and 

25 ‘‘(2) August 1, 2025. 


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1 ‘‘(e) EXPIRATION.—A Plan— 

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

3 after the date on which the Plan is approved under 

4 subsection (c); and 

5 ‘‘(2) may be renewed. 

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

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

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

9 ‘‘(1) the performance targets described in sec10 tion 12101(a)(2) are not being met; or 

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

12 that warrants the revision. 

13 ‘‘SEC. 12104. MEMBERSHIP FEES. 

14 ‘‘(a) ESTABLISHMENT.— 

15 ‘‘(1) IN GENERAL.—Each Organization shall es16 tablish a fee for producers participating in the Orga17 nization (referred to in this section as ‘members’) to 

18 ensure that— 

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

20 and 

21 ‘‘(B) the Plan of the Organization is com22 pletely implemented. 

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

24 shall be assessed in accordance with a schedule de25 veloped by the applicable Organization under subVerDate Sep 11 2014 23:52 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H6053.IH H6053

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1 section (c) to ensure that the budget of the Organi2 zation, as included in the Plan of the Organization, 

3 is fully funded. 

4 ‘‘(3) PROHIBITION.—A fee under this sub5 section shall not be passed on to any consumer as 

6 a separate item on a receipt or invoice. 

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

8 shall— 

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

10 under this section; and 

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

12 records and other information necessary for the Or13 ganization to meet the requirements under this part. 

14 ‘‘(c) FEE SCHEDULE.— 

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

16 shall be assessed in accordance with a fee schedule, 

17 which shall include the following: 

18 ‘‘(A) Individual assessments imposed on a 

19 member due to unique characteristics of the 

20 covered products or beverage containers subject 

21 to the responsibility of the member, as de22 scribed in paragraph (2). 

23 ‘‘(B) Any adjustments pursuant to sub24 section (d)(2). 


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1 ‘‘(C) Reimbursement to the Administrator 

2 for costs. 

3 ‘‘(D) Reimbursement to a relevant advisory 

4 committee. 

5 ‘‘(E) Fees associated with environmental 

6 mitigation activities under section 12112. 

7 ‘‘(F) The costs of administering the Orga8 nization, including the costs associated with 

9 staff and the development and implementation 

10 of the Plan. 

11 ‘‘(2) FACTORS.—A fee schedule under para12 graph (1) shall be delineated by category of covered 

13 product or beverage container, based on the fol14 lowing factors: 

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

16 meets the requirements of this part, subject to 

17 the condition that a covered product or bev18 erage container that is easier and less expensive 

19 to reuse, recycle, or compost, or that is de20 signed to be recycled into a similar covered 

21 product, beverage container, or material that is 

22 easier to be composted, shall be subject to lower 

23 fees, including fees that reflect— 


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1 ‘‘(i) costs to develop and sustain via2 ble responsible end markets for each cat3 egory; 

4 ‘‘(ii) costs— 

5 ‘‘(I) to collect, sort, avoid, or re6 move contamination; and 

7 ‘‘(II) to aggregate and transport 

8 the covered product or beverage con9 tainer into defined streams to support 

10 viable responsible end markets for re11 manufacturing of the covered product 

12 or beverage container through— 

13 ‘‘(aa) curbside collection; or 

14 ‘‘(bb) other means; 

15 ‘‘(iii) costs incurred by local govern16 ments or recycling service providers— 

17 ‘‘(I) to process and transport 

18 covered products or beverage con19 tainers in a manner and quality suffi20 cient for acceptance by viable respon21 sible end markets, including costs to 

22 reduce or mitigate the rate of inbound 

23 contamination by noncertified, 

24 compostable products at composting 

25 facilities, which may vary by locality; 


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1 ‘‘(II) to carry out waste stream 

2 sampling and reporting activities re3 quired under this part; and 

4 ‘‘(III) to provide to ratepayers in5 formation relating to improving the 

6 preparation and sorting, as needed, of 

7 covered products or beverage con8 tainers; and 

9 ‘‘(iv) other costs necessary to imple10 ment the Plan and achieve compliance with 

11 this part, including ensuring that imple12 mentation avoids or minimizes negative en13 vironmental or public health impacts on 

14 disadvantaged or low-income communities 

15 and rural areas. 

16 ‘‘(B) If recycling or composting of a cov17 ered product or beverage container is made 

18 more difficult by the incorporation of 1 or more 

19 specific elements, including inks, labels, and ad20 hesives, that may be detrimental to recycling or 

21 composting (as determined in accordance with 

22 the design guide of the Association of Plastic 

23 Recyclers or another relevant industry associa24 tion or criteria established by the Adminis25 trator), the fee for that covered product or bevVerDate Sep 11 2014 23:52 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H6053.IH H6053

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1 erage container shall be sufficient to account 

2 for the increased cost to manage that covered 

3 product or beverage container. 

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

5 product or beverage container based on an inde6 pendent index or the reported commodity value 

7 of materials of equivalent quality to the covered 

8 product or beverage container. 

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

10 assist members to meet the source reduction re11 quirements under section 12105. 

12 ‘‘(d) ADJUSTMENTS.— 

13 ‘‘(1) FEE.—The amount of a fee under sub14 section (a) shall be adjusted using malus fees or 

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

16 as applicable: 

17 ‘‘(A) The percentage of post-consumer re18 cycled material in the covered products or bev19 erage containers subject to the responsibility of 

20 the member, in a manner that ensures that the 

21 percentage of post-consumer recycled material 

22 shall be validated through an independent third 

23 party approved by the Administrator in order to 

24 ensure that the percentage exceeds the min25 imum requirements for the covered product or 


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1 beverage container, subject to the condition that 

2 the recycled content shall not disrupt the poten3 tial for future recycling. 

4 ‘‘(B) Standardization of packaging mate5 rials that simplifies the processing, marketing, 

6 sorting, and recycling or composting of covered 

7 products or beverage containers. 

8 ‘‘(C) Any actions carried out by the mem9 ber to accelerate source reduction and invest in 

10 sustained and robust reuse and refill systems 

11 beyond the actions required under section 

12 12105. 

13 ‘‘(D) Certified compostable covered prod14 ucts or beverage containers that do not contain 

15 toxic substances shall be subject to a reduced 

16 fee, as determined by the Organization. 

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

18 the fee schedule under subsection (c)— 

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

20 year; or 

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

22 the budget of the Organization, as described in 

23 the Plan. 


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1 ‘‘SEC. 12105. SINGLE-USE PLASTIC SOURCE REDUCTION RE2 QUIREMENTS. 

3 ‘‘(a) SOURCE REDUCTION TARGETS.—Each Organi4 zation shall develop and implement a source reduction 

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

6 covered products and beverage containers: 

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

8 reduction, as compared to the baseline of the Orga9 nization determined under subsection (b), of not less 

10 than— 

11 ‘‘(A) 25 percent, by weight; and 

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

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

14 reduction, as compared to the baseline of the Orga15 nization determined under subsection (b), of not less 

16 than— 

17 ‘‘(A) 40 percent, by weight; and 

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

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

20 reduction, as compared to the baseline of the Orga21 nization determined under subsection (b), of not less 

22 than— 

23 ‘‘(A) 50 percent, by weight; and 

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

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

26 the Administrator shall establish a baseline for purposes 


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

2 taking into consideration the quantity of single-use plastic 

3 covered products and beverage containers (by weight and 

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

5 distributed in the United States during calendar year 

6 2024. 

7 ‘‘(c) DATA.—Together with any Plan, update or revi8 sion to a Plan, or annual report, each Organization shall 

9 submit to the Administrator the following data, 

10 disaggregated by participating producer, with respect to 

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

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

13 and beverage containers sold, offered for sale, or dis14 tributed in the United States, including the number 

15 of plastic components and weight of the plastic cov16 ered products and beverage containers. 

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

18 weight of plastic covered products and beverage con19 tainers shifted to refillable or reusable packaging or 

20 food service products. 

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

22 weight of plastic covered products and beverage con23 tainers eliminated. 

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

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1 tainers shifted from plastic covered products or bev2 erage containers to nonplastic covered products or 

3 beverage containers. 

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

5 weight of plastic covered products and beverage con6 tainers reduced through concentration, right-sizing, 

7 and shifting to bulk or large-format packaging that 

8 allows consumers to refill residential or commercial 

9 reusable containers. 

10 ‘‘(d) EVALUATIONS.— 

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

12 31, 2048, and not less frequently than once every 5 

13 years thereafter, the Administrator shall conduct an 

14 evaluation of plastic covered products and beverage 

15 containers subject to this section to determine 

16 whether actions to achieve greater source reductions 

17 are necessary. 

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

19 components or weight of plastic covered products or 

20 beverage containers has increased during the period 

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

22 Administrator shall promulgate regulations to re23 quire the applicable Organizations to increase rates 

24 of source reduction by— 


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1 ‘‘(A) shifting plastic covered products or 

2 beverage containers to reusable or refillable 

3 packaging or food service products; or 

4 ‘‘(B) eliminating plastic components. 

5 ‘‘SEC. 12106. ADVISORY COMMITTEES. 

6 ‘‘(a) ESTABLISHMENT.—The Administrator shall es7 tablish 1 or more advisory committees that reflect a range 

8 of interested and engaged stakeholders representing the 

9 entire supply chain of covered products and beverage con10 tainers, including— 

11 ‘‘(1) collection service providers; 

12 ‘‘(2) cleanup service providers; 

13 ‘‘(3) recyclers; 

14 ‘‘(4) composters; and 

15 ‘‘(5) government entities. 

16 ‘‘(b) COMPOSITION.— 

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

18 committee shall include representatives of— 

19 ‘‘(A) producers, including trade associa20 tions; 

21 ‘‘(B) States; 

22 ‘‘(C) metropolitan areas, including— 

23 ‘‘(i) small and large metropolitan 

24 areas; and 


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1 ‘‘(ii) metropolitan areas located in 

2 urban and rural areas; 

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

4 including— 

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

6 ‘‘(ii) urban and rural counties; 

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

8 and solid waste industries for the applicable 

9 type of covered product or beverage container; 

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

11 and solid waste industries for the applicable 

12 type of covered product or beverage container; 

13 ‘‘(G) recycled feedstock users for the appli14 cable type of covered product or beverage con15 tainer; 

16 ‘‘(H) environmental organizations; 

17 ‘‘(I) environmental justice organizations; 

18 ‘‘(J) disability advocates; 

19 ‘‘(K) reuse and refill system experts or op20 erators; 

21 ‘‘(L) Indian Tribes; and 

22 ‘‘(M) environmental and human health sci23 entists. 

24 ‘‘(2) REQUIREMENTS.— 


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1 ‘‘(A) IN GENERAL.—Each individual serv2 ing on an advisory committee may represent 

3 only 1 category described in subparagraphs (A) 

4 through (M) of paragraph (1). 

5 ‘‘(B) DISPROPORTIONATE REPRESENTA6 TION.—The Administrator shall ensure that no 

7 category described in subparagraphs (A) 

8 through (M) of paragraph (1) has dispropor9 tionate representation on an advisory com10 mittee. 

11 ‘‘(3) DATE OF APPOINTMENT.—The Adminis12 trator shall appoint all members to each advisory 

13 committee established under this section not later 

14 than July 1, 2025. 

15 ‘‘(4) TERM.—The Administrator— 

16 ‘‘(A) shall appoint the members of an advi17 sory committee for staggered 3-year terms; and 

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

19 or more additional terms. 

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

21 an advisory committee, the advisory committee shall 

22 elect a chairperson, who— 

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

24 and 

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


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

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

3 to the advisory committee by the Administrator; 

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

5 Plan, of each such Organization; 

6 ‘‘(3) submit to the applicable Organization a re7 port describing the results of the review under para8 graph (2); and 

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

10 the Administrator any reports, recommendations, or 

11 objections of the advisory committee relating to a 

12 Plan, fee structure, or other activities of an Organi13 zation. 

14 ‘‘(d) EXPENSES.— 

15 ‘‘(1) IN GENERAL.—Each Organization over16 seen by an advisory committee shall reimburse mem17 bers of the advisory committee who are representa18 tives of community groups, Indian Tribes, State and 

19 local governments, or nonprofit organizations for ex20 penses relating to participation on the advisory com21 mittee. 

22 ‘‘(2) OTHER MEMBERS.—A member of an advi23 sory committee not described in paragraph (1) may 

24 be compensated by the applicable Organization for 

25 travel expenses as necessary to ensure the ability of 


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1 the member to participate on the advisory com2 mittee. 

3 ‘‘(3) TRANSLATION SERVICES.—The Organiza4 tions overseen by an advisory committee shall be fi5 nancially responsible for providing to the advisory 

6 committee professional language interpretation for 

7 oral communications, and translation for written 

8 documents and notices, in any language spoken by 

9 more than 5 percent of the population residing with10 in a community served by the advisory committee. 

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

12 ASSESSMENT. 

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

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

15 than once every 5 years thereafter, the Administrator shall 

16 select, and enter into a contract with, a qualified consult17 ant (as determined by the Administrator) under which the 

18 qualified consultant shall conduct a packaging reduction, 

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

20 section as an ‘assessment’), in accordance with this sec21 tion— 

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

23 for, reducing, reusing, and recycling covered prod24 ucts and beverage containers; and 


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1 ‘‘(2) to inform Plans and budgets of Organiza2 tions to support the Organizations in achieving com3 pliance with this part. 

4 ‘‘(b) PROPOSALS.— 

5 ‘‘(1) IN GENERAL.—Subject to applicable Fed6 eral competitive bidding requirements, the Adminis7 trator shall solicit from qualified consultants pro8 posals to enter into a contract with the Adminis9 trator to conduct each assessment. 

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

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

12 respect to the period covered by the proposed con13 tract, a description of the means by which the appli14 cable qualified consultant will conduct the assess15 ment with respect to each element described in sub16 section (c)(1). 

17 ‘‘(3) FAILURE TO SELECT.—If the Adminis18 trator fails to select a qualified consultant to con19 duct an assessment, including due to a determina20 tion that no qualified consultant has submitted a 

21 proposal that meets the requirements of this sub22 section, by the applicable date described in sub23 section (a), the Administrator shall designate an ap24 propriate Federal department or agency to conduct 

25 the assessment. 


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1 ‘‘(c) REQUIREMENTS.— 

2 ‘‘(1) ELEMENTS.—Each assessment shall evalu3 ate, with respect to the period covered by the assess4 ment— 

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

6 and reuse rate for each type of covered product 

7 and beverage container; 

8 ‘‘(B) the processing capacity, market con9 ditions, and opportunities for recyclable covered 

10 products and beverage containers nationally, re11 gionally, and locally; 

12 ‘‘(C) funding needs and actions necessary 

13 to achieve the requirements of this part, includ14 ing payments to recyclers, market incentive 

15 payments, and other payments; 

16 ‘‘(D) barriers affecting covered product 

17 and beverage container recycling access and 

18 availability, and necessary actions and invest19 ments to overcome those barriers; 

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

21 of markets for recycled covered products and 

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1 tions required to ensure that covered products 

2 and beverage containers— 

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

4 ‘‘(ii) have viable and sufficient respon5 sible end markets; 

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

7 creation of reuse and refill systems for covered 

8 products and beverage containers; 

9 ‘‘(G) opportunities for the improvement of 

10 recycling of covered products and beverage con11 tainers, including the development of respon12 sible end markets for recycled covered products 

13 and beverage containers; 

14 ‘‘(H) consumer education needs with re15 spect to source reduction, recycling, and reduc16 ing contamination in recycling and reuse and 

17 refill systems; 

18 ‘‘(I) the needs associated with shifting 

19 packaging or food service products from a cov20 ered product category that is unlikely to develop 

21 sustained viable responsible end markets to a 

22 covered product category that has a viable re23 sponsible end market or is likely to develop a 

24 sustained viable responsible end market; 


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1 ‘‘(J) funding required to implement the 

2 source reduction requirements under section 

3 12105, including investments needed— 

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

5 infrastructure; and 

6 ‘‘(ii) to provide to consumers conven7 ient access to that infrastructure to expand 

8 and market the use of reusable and refill9 able covered products and beverage con10 tainers; and 

11 ‘‘(K) infrastructure and activities re12 quired— 

13 ‘‘(i) to implement a source reduction 

14 plan under section 12105(a), including in15 vestments in reuse, refill, and composting 

16 infrastructure; 

17 ‘‘(ii) to achieve recycling and 

18 composting rates for all covered products 

19 and beverage containers covered by the 

20 source reduction plan; and 

21 ‘‘(iii) to ensure covered products and 

22 beverage containers are recyclable or 

23 compostable. 

24 ‘‘(2) DEADLINES.—An assessment shall be sub25 mitted to the Administrator— 


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

2 than 2 years after the date of enactment of this 

3 subtitle; and 

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

5 later than 5 years after the date on which the 

6 previous assessment was submitted to the Ad7 ministrator. 

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

9 paid by the Organizations responsible for the cov10 ered products or beverage containers investigated as 

11 part of the assessment, in such amounts and in ac12 cordance with such procedures as the Administrator 

13 may establish, by regulation. 

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

15 date of receipt of an assessment, the Administrator shall 

16 submit to Congress and each affected Organization, and 

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

18 contains— 

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

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

21 data on which the assessment is based. 

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

23 ‘‘(a) RESPONSIBILITIES OF PRODUCERS.— 

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

25 containers shall— 


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

2 which the beverage container is delivered a de3 posit in the amount of the applicable refund 

4 value described in subsection (c); and 

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

6 container by a retailer, pay to the retailer a re7 fund in the amount of the applicable refund 

8 value described in subsection (c). 

9 ‘‘(2) USE OF DEPOSITS FROM UNREDEEMED

10 BEVERAGE CONTAINERS.—A producer shall use any 

11 amounts received as deposits under paragraph 

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

13 redeemed for investment in collection, recycling, and 

14 reuse infrastructure. 

15 ‘‘(b) RESPONSIBILITIES OF RETAILERS.— 

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

18 shall— 

19 ‘‘(A) at the time of sale, charge to the cus20 tomer to which the beverage container is sold a 

21 deposit in the amount of the applicable refund 

22 value described in subsection (c); 

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

24 container by a customer, pay to the customer a 


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1 refund in the amount of the applicable refund 

2 value described in subsection (c); 

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

4 a refund under subparagraph (B)— 

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

7 ‘‘(ii) regardless of whether the specific 

8 beverage container was sold by the retailer; 

9 and 

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

11 of which is not less than 5,000 square feet, ac12 cept any brand and size of beverage container 

13 and pay a refund under subparagraph (B) for 

14 the beverage container, regardless of whether 

15 the retailer sells that brand or size of beverage 

16 container. 

17 ‘‘(2) EXCEPTIONS.— 

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

20 a beverage container and pay a refund under 

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

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

24 ‘‘(I) water; 


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

3 ‘‘(III) ordinary dust; or 

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

5 refund label appearing on the beverage 

6 container cannot be identified. 

7 ‘‘(B) QUANTITY LIMITATION.— 

8 ‘‘(i) LARGE RETAILERS.—A retailer 

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

10 to accept and pay a refund under para11 graph (1)(B) for more than 250 beverage 

12 containers per customer per day. 

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

14 the premises of which is less than 5,000 

15 square feet may refuse to accept and pay 

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

17 than 50 beverage containers per customer 

18 per day. 

19 ‘‘(C) BRAND AND SIZE.—A retailer de20 scribed in subparagraph (B)(ii) may refuse to 

21 accept and pay a refund under paragraph 

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

23 that the retailer does not sell. 

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

25 in paragraph (1) that is a restaurant may 


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1 refuse to accept and pay a refund under para2 graph (1)(B) for a beverage container that the 

3 retailer did not sell. 

4 ‘‘(E) OTHER MEANS OF RETURN.—The 

5 Administrator may permit the establishment of 

6 convenience zones under which each retailer 

7 within a convenience zone shall be exempt from 

8 the requirements of this subsection if the Ad9 ministrator determines that the retailer— 

10 ‘‘(i) is located within close proximity 

11 to a redemption center; and 

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

13 of that redemption center with the applica14 ble producer. 

15 ‘‘(c) APPLICABLE REFUND VALUE.— 

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

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

18 the Administrator, subject to the condition that the 

19 value shall be not less than $0.10. 

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

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

22 subtitle, the Administrator may— 

23 ‘‘(A) increase the refund value under para24 graph (1) to account for— 

25 ‘‘(i) inflation; and 


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

2 meet performance targets described in sec3 tion 12105(a); or 

4 ‘‘(B) decrease the refund value under para5 graph (1) to account for beverage containers 

6 that— 

7 ‘‘(i) are specifically designed to be re8 usable or refillable; and 

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

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

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

12 refund value that is more than the applicable refund 

13 value established under this subsection. 

14 ‘‘(d) LABELING.—Each producer of beverage con15 tainers sold in the United States shall ensure that the 

16 label of each such beverage container includes a standard17 ized, clearly visible description of the applicable refund 

18 value under this section. 

19 ‘‘(e) RESPONSIBILITIES OF ORGANIZATIONS.— 

20 ‘‘(1) COLLECTION AND STORAGE.—An Organi21 zation of producers of beverage containers shall fa22 cilitate the collection and storage of beverage con23 tainers that are returned to retailers under this sec24 tion by providing storage or other means to collect 

25 the beverage containers until collection for recycling, 


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1 such as reverse vending machines or other options 

2 that are convenient for consumers. 

3 ‘‘(2) REDEMPTION CENTERS.— 

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

5 producers of beverage containers shall establish 

6 and operate redemption centers to accept bev7 erage containers from consumers. 

8 ‘‘(B) REQUIREMENTS.—A redemption cen9 ter shall— 

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

11 public— 

12 ‘‘(I) each day, other than a Fed13 eral or local holiday; and 

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

15 each day; 

16 ‘‘(ii) accept— 

17 ‘‘(I) any beverage container; and 

18 ‘‘(II) up to 350 beverage con19 tainers per person per day; and 

20 ‘‘(iii) provide— 

21 ‘‘(I) hand or automated counts 

22 conducted by staff of the redemption 

23 center; 

24 ‘‘(II) a drop door for consumers 

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1 erage containers for staff of the re2 demption center to count, for which 

3 the redemption center may collect a 

4 convenience fee; or 

5 ‘‘(III) any other convenient 

6 means of receiving and counting bev7 erage containers, as determined by the 

8 Administrator. 

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

10 may pay to an entity that collects curbside recycling 

11 an amount equal to the applicable refund value 

12 under subsection (c) for beverage containers col13 lected by the entity based on weight or another 

14 measurement that approximates the amount of the 

15 refunds, as negotiated by the Organization and the 

16 entity. 

17 ‘‘(f) EXCLUDED STATES.— 

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

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

20 that— 

21 ‘‘(A) has in effect, before the date of en22 actment of this subtitle, a beverage container 

23 law the requirements of which are substantially 

24 similar to the requirements relating to beverage 


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1 containers under this part, as determined by 

2 the Administrator; and 

3 ‘‘(B) enacts legislation after the date of en4 actment of this subtitle to update the law de5 scribed in subparagraph (A) to be consistent 

6 with the refund values under, and beverage con7 tainers covered by, this part. 

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

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

10 the eligible State by a producer, retailer, or Organi11 zation shall be considered to be compliance with this 

12 section. 

13 ‘‘(3) CONFORMITY.—Each eligible State is en14 couraged to negotiate with relevant Organizations 

15 with respect to updated features of the beverage con16 tainer-related laws of the eligible State, such as 

17 sharing new revenue from increased deposits. 

18 ‘‘SEC. 12109. ELIMINATION OF TOXIC SUBSTANCES IN BEV19 ERAGE CONTAINERS AND POST-CONSUMER 

20 RECYCLED MATERIAL. 

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

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

23 no retailer may sell, offer for sale, or distribute any single24 use beverage container that— 


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1 ‘‘(1) is composed wholly or partially of poly2 ethylene terephthalate; 

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

4 transparent blue or transparent green; 

5 ‘‘(3) contains polyethylene glycol; or 

6 ‘‘(4) contains a toxic substance. 

7 ‘‘(b) REQUIREMENTS FOR CONTAINING RECYCLED

8 CONTENT.—The Administrator shall require each pro9 ducer of plastic beverage containers to ensure that the 

10 plastic beverage containers are composed of— 

11 ‘‘(1) by January 1, 2025, not less than 15 per12 cent post-consumer recycled material from United 

13 States sources; 

14 ‘‘(2) by January 1, 2030, not less than 30 per15 cent post-consumer recycled material from United 

16 States sources; 

17 ‘‘(3) by January 1, 2035, not less than 45 per18 cent post-consumer recycled material from United 

19 States sources; 

20 ‘‘(4) by January 1, 2040, not less than 60 per21 cent post-consumer recycled material from United 

22 States sources; and 

23 ‘‘(5) by such dates thereafter as the Adminis24 trator shall establish, such percentage of post-con25 sumer recycled material from United States sources 


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1 as the Administrator determines to be appropriate, 

2 by regulation. 

3 ‘‘(c) PENALTY.— 

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

5 violates a prohibition under subsection (a) or (b), re6 spectively, shall be subject to a fine for each viola7 tion. 

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

9 purposes of this section, each product line of bev10 erage containers shall be considered to be a separate 

11 violation of this section if any beverage container in12 cluded in the product line is a beverage container de13 scribed in subsection (a). 

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

15 fine under this subsection shall be not more than 

16 $50,000 per violation. 

17 ‘‘SEC. 12110. REPORTING AND AUDITING. 

18 ‘‘(a) IN GENERAL.—Not less frequently than annu19 ally, each Organization shall prepare and publish on a 

20 publicly available website a report that includes— 

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

22 beverage containers sold or imported by any member 

23 of the Organization, a description of, at a min24 imum— 


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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— 

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

5 report; and 

6 ‘‘(ii) each preceding calendar year; 

7 ‘‘(B) management of those covered prod8 ucts or beverage containers, including recycling 

9 rates (by submaterial type), for— 

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

11 report; and 

12 ‘‘(ii) each preceding calendar year; 

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

14 and quantity of reclaimed covered products or 

15 beverage containers (by submaterial type), in16 cluding the form of any covered products or 

17 beverage containers exported; 

18 ‘‘(D) contamination in the recycling stream 

19 of the covered products or beverage containers; 

20 ‘‘(E) relevant collection service vendors 

21 and collection locations, including— 

22 ‘‘(i) the geographical distribution of 

23 collection; 

24 ‘‘(ii) the proximity of those vendors 

25 and locations to population centers; 


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1 ‘‘(iii) hours of operation; 

2 ‘‘(iv) actions taken to reduce barriers 

3 to collection by expanding curbside collec4 tion or facilitating drop-offs; and 

5 ‘‘(v) frequency of collection avail6 ability; 

7 ‘‘(F) progress made toward achieving com8 pliance with the requirements of this part, in9 cluding the quantity of covered products or bev10 erage containers that have been source-reduced 

11 through elimination or replacement by reusable 

12 covered products or beverage containers (by 

13 submaterial type and State), for— 

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

15 report; and 

16 ‘‘(ii) each preceding calendar year for 

17 which a report under this subsection was 

18 prepared; and 

19 ‘‘(G) additional efforts to reduce environ20 mental impacts, including greenhouse gas emis21 sions, at each lifecycle stage of the covered 

22 products or beverage containers; and 

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

24 ‘‘(3) a description of any outreach and edu25 cation efforts under section 12111 conducted during 


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1 the calendar year covered by the report, including 

2 the results of those efforts; 

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

5 the report, including the results of those efforts; 

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

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

10 and beverage container waste; and 

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

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

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

15 practicable, to provide for consistency of information 

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

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

19 years, the Administrator shall conduct an audit of— 

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


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1 ‘‘(2) covered products and beverage containers 

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

4 and other litter that continues to create pollution. 

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

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

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

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

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

12 containers; and 

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

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

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

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

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

21 reducing the quantity of covered products and beverage 

22 containers discarded, and participating in reuse and refill 

23 systems, including, at a minimum— 

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

25 products and beverage containers; 


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

2 and drop-off collection opportunities; 

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

4 refill systems; 

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

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

9 ‘‘(A) consistent with the recycling and 

10 composting receptacle labeling requirements 

11 under section 12225; 

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

14 State and local laws; 

15 ‘‘(C) easy to understand; and 

16 ‘‘(D) easily accessible, including availability 

17 in multiple languages to reach a diverse ethnic 

18 population. 

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

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

22 goals for covered products and beverage containers 

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

25 in other management systems or other materials; 


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

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

3 media, to provide information directly to consumers, 

4 in multiple languages; 

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

7 social media elements that a local government may 

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

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

11 packaging labels to inform consumers regarding 

12 methods to responsibly reuse, recycle, or dispose of 

13 the packaging; and 

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

15 as applicable— 

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

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

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

20 addition to public outreach and education activities under 

21 this section, an Organization may provide to producers 

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

24 products and beverage containers through— 


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

2 of materials that can be reproduced by retailers and 

3 provided to consumers at the time of purchase; and 

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

6 covered products and beverage containers. 

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

8 FUND. 

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

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

11 means an entity that— 

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

15 ‘‘(B) transforms ethylene and propylene 

16 into any other chemical for later conversion into 

17 plastic polymers; or 

18 ‘‘(C) polymerizes petrochemical feedstocks, 

19 including ethylene, ethylene glycol, terephthalic 

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

21 formaldehyde, and acetonitrile, into polymers. 

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

23 means the Reduction and Litter Cleanup Trust 

24 Fund established by subsection (b). 


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

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

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

4 administered by the Administrator. 

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

6 such amounts as are deposited in the Trust Fund under 

7 subsection (d)(2). 

8 ‘‘(d) FEES; DEPOSITS.— 

9 ‘‘(1) FEES.— 

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

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

14 shall assess against— 

15 ‘‘(i) each producer an annual fee 

16 based on the quantity of plastic covered 

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

19 producer during the preceding calendar 

20 year; and 

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

22 based on the quantity of plastic resin or 

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

25 maker during the preceding calendar year. 


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

2 or resin maker may pay a fee assessed under 

3 subparagraph (A)— 

4 ‘‘(i) individually; or 

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

7 is a member. 

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

9 be deposited in the Trust Fund: 

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

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

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

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

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

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

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

21 shall— 

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

23 amount provided in advance in appropriations Acts; 

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

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


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1 ‘‘(3) remain available until expended. 

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

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

4 the Administrator shall use amounts in the Trust 

5 Fund to make grants for activities relating to— 

6 ‘‘(A) reuse and refill infrastructure; 

7 ‘‘(B) litter cleanup; and 

8 ‘‘(C) environmental remediation. 

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

10 Trust Fund, the Administrator shall ensure that, for 

11 each fiscal year— 

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

13 environmental remediation, of which not less 

14 than 50 percent shall be used to carry out 

15 projects that primarily benefit environmental 

16 justice communities; and 

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

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

20 less than 75 percent shall be used to directly 

21 and primarily benefit environmental justice 

22 communities. 


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

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

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

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

6 United States— 

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

9 ‘‘(2) any prohibited plastic packaging. 

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

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

12 after the date on which the Administrator designates 

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

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

17 regulations promulgated pursuant to paragraph (1) 

18 relating to a toxic substance shall be not later than 

19 2 years after the date of designation of the toxic 

20 substance under that paragraph. 

21 ‘‘(c) PENALTY.— 

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

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

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

26 purposes of this subsection, each product line sold, 


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1 offered for sale, or distributed to consumers by a 

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

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

5 fine under this subsection shall be not more than 

6 $50,000 per violation. 

7 ‘‘SEC. 12114. ENFORCEMENT. 

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

9 Environmental Protection Agency, in consultation with 

10 the Administrator and the Attorney General (referred to 

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

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

13 frequently than annually to ensure that— 

14 ‘‘(A) the Organization is implementing the 

15 Plan of the Organization in a manner that 

16 meets the requirements of this part; and 

17 ‘‘(B) each producer participating in the 

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

20 ‘‘(2) may commence an enforcement action 

21 against— 

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

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

24 in compliance with an applicable requirement of 

25 this part. 


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

3 General determines to be appropriate— 

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

6 ‘‘(A) an Organization; or 

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

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

10 producer. 

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

12 each applicable Organization and producer, as applicable, 

13 a notice describing— 

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

15 not comply with an applicable requirement of this 

16 part; and 

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

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

19 ‘‘(d) PENALTY.— 

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

21 producer, that violates an applicable requirement of 

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

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

24 purposes of this section, each product line sold, of25 fered for sale, or distributed to consumers by a proVerDate Sep 11 2014 23:52 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H6053.IH H6053

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1 ducer shall be considered to be a separate violation 

2 of this part. 

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

4 fine under this subsection shall be not more than 

5 $100,000 per day for each violation. 

6 ‘‘(e) CITIZEN SUITS.— 

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

10 United States may commence in a United States 

11 district court of competent jurisdiction an action 

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

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

16 action filed pursuant to this subsection to which the 

17 Administrator is not a party, the Administrator may 

18 intervene as a matter of right. 

19 ‘‘PART II—REDUCTION OF SINGLE-USE 

20 PRODUCTS 

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

22 and Polystyrene Foam Food Service Products; 

23 Accessories on Request 

24 ‘‘SEC. 12201. DEFINITIONS. 

25 ‘‘In this subpart: 


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1 ‘‘(1) CARRYOUT BAG.— 

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

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

4 retail establishment or food service business for 

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

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

8 bag’ does not include— 

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

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

13 ‘‘(I) used to protect items from 

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

16 paper bag or a reusable grocery bag; 

17 or 

18 ‘‘(II) designed to be placed over 

19 articles of clothing on a hanger; 

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

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

22 a pet store or bait shop; 

23 ‘‘(iv) a newspaper bag; or 

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


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1 ‘‘(2) FOOD SERVICE BUSINESS.— 

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

3 business’ means a commercial entity that sells 

4 or provides food for consumption on or off the 

5 premises of the entity. 

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

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

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

10 theater, and business or institutional cafeteria, 

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

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

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

16 foam food service product’ means a food service 

17 product made wholly or partially of a material 

18 described in subparagraph (B). 

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

21 polystyrene, and any expanded and extruded 

22 foam of that polystyrene, that is— 

23 ‘‘(i) a thermoplastic petrochemical 

24 material made using a styrene monomer; 

25 and 


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1 ‘‘(ii) processed by a technique such 

2 as— 

3 ‘‘(I) fusion of polymer spheres 

4 (commonly known as ‘expandable bead 

5 polystyrene’); 

6 ‘‘(II) injection molding; 

7 ‘‘(III) foam molding; or 

8 ‘‘(IV) extrusion-blow molding 

9 (commonly known as ‘extruded foam 

10 polystyrene’). 

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

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

15 tray, and cutlery. 

16 ‘‘(4) PREPARED FOOD.— 

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

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

19 packaged, cooked, chopped, sliced, mixed, 

20 brewed, frozen, squeezed, or otherwise prepared 

21 for an individual customer or consumer. 

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

23 food’ does not include— 

24 ‘‘(i) a raw egg; 

25 ‘‘(ii) butchered meat; 


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

2 ‘‘(iv) butchered poultry. 

3 ‘‘(5) RETAIL ESTABLISHMENT.— 

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

6 which a person is engaged in the business of 

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

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

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

12 ‘‘(ii) the servicing of an item. 

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

15 ‘‘(i) a grocery store; 

16 ‘‘(ii) a department store; 

17 ‘‘(iii) a pharmacy; 

18 ‘‘(iv) a convenience store; 

19 ‘‘(v) a restaurant; 

20 ‘‘(vi) a coffee shop; 

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

23 public market; 

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1 cart, or moveable roadside stand used by a 

2 person from which to engage in selling or 

3 providing described in subparagraph (A) 

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

8 service used by a retail establishment; and 

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

11 ‘‘(I) has a retail establishment; 

12 and 

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

14 as engaging in retail activities that 

15 are characteristic of similar type retail 

16 businesses, regardless of whether such 

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

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

21 is— 

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

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


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

3 ‘‘(D) capable of carrying contents weighing 

4 25 pounds or more for a distance of 300 feet 

5 or more. 

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

8 ‘‘(A) is 100-percent recyclable; 

9 ‘‘(B) contains— 

10 ‘‘(i) for a paper bag weighing 8 

11 pounds or less, not less than 20 percent 

12 post-consumer recycled material; and 

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

14 than 8 pounds, not less than 40 percent 

15 post-consumer recycled material; and 

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

17 outside of the paper bag— 

18 ‘‘(i) the word ‘Recyclable’; and 

19 ‘‘(ii) the phrase ‘Made from lll 

20 percent post-consumer recycled material’, 

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

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

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


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1 ‘‘(A) is made of plastic; and 

2 ‘‘(B) is not reusable. 

3 ‘‘SEC. 12202. BAG REQUIREMENTS. 

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

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

7 service business shall provide or sell to a customer any 

8 single-use plastic bag. 

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

10 PAPER BAGS.— 

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

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

13 this subtitle, a retail establishment or food service 

14 business may make available for purchase at the 

15 point of sale only, as applicable— 

16 ‘‘(A) reusable carryout bags; or 

17 ‘‘(B) single-use paper bags. 

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

19 carryout bag or single-use paper bag sold under 

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

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

24 retained by the applicable retail establishment or 

25 food service business. 


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1 ‘‘SEC. 12203. FOOD SERVICE PRODUCTS. 

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

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

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

6 date that is 18 months after the date of enactment 

7 of this subtitle— 

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

9 any polystyrene foam food service product; and 

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

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

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

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

16 prohibitions under that paragraph: 

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

19 from a refrigerator or similar appliance. 

20 ‘‘(B) Produce prepackaged by the producer 

21 with a polystyrene foam food service product. 

22 ‘‘(3) WAIVER.— 

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

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

25 person or food service business shall submit to 

26 the Administrator an application at such time, 


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

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

4 approve an application under subparagraph (A), 

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

7 determines that— 

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

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

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

12 applicant for the calendar year preceding 

13 the year during which the application is 

14 submitted is less than $500,000; and 

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

17 the polystyrene foam food service product. 

18 ‘‘(C) TERM.— 

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

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

22 longer than 1 year. 

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

24 written application, the Administrator may 

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1 graph for additional periods, each of which 

2 is not longer than 1 year. 

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

4 COCKTAIL STICKS, AND SANDWICH STICKS.—Effective 

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

6 of enactment of this subtitle— 

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

8 or distribute any plastic utensil (including forks, 

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

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

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

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

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

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

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

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

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


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

2 liner, hinged or lidded container (commonly 

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

4 ‘‘(B) a condiment cup or packet; 

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

6 and 

7 ‘‘(D) any other similar accompanying item 

8 used as part of a food service business. 

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

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

12 only provide to a customer a food service accessory 

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

14 on request of the customer. 

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

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

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

19 be served from— 

20 ‘‘(A) a reusable container; or 

21 ‘‘(B) a bulk dispenser. 

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

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

24 this subtitle, a food service accessory or condiment— 

25 ‘‘(A) shall not be— 


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1 ‘‘(i) bundled; or 

2 ‘‘(ii) individually wrapped; and 

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

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

6 customers receive only the quantity needed. 

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

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

10 subtitle, each take-out food and delivery ordering 

11 platform shall provide— 

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

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

17 business; and 

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

19 specific food service accessories and condiments 

20 for inclusion in an order placed on the platform. 

21 ‘‘(6) TRAVEL.— 

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

23 other requirement of this section, a food service 

24 business described in subparagraph (B) may 


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

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

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

6 ‘‘(B) DESCRIPTION OF FOOD SERVICE

7 BUSINESS.—A food service business referred to 

8 in subparagraph (A) is a food service business 

9 that— 

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

11 use airport (as defined in section 77.3 of 

12 title 14, Code of Federal Regulations (or a 

13 successor regulation)); or 

14 ‘‘(ii) provides food products wholly or 

15 partially through the use of a drive16 through facility. 

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

19 ‘‘(1) restricts the ability of a food service busi20 ness to provide a single-use plastic straw or single21 serve condiment packet to an individual that re22 quests such a straw or packet due to a disability or 

23 other medical or physical condition or circumstance; 

24 or 

25 ‘‘(2) prohibits a retail establishment from— 


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1 ‘‘(A) selling packages of single-use plastic 

2 straws to customers; or 

3 ‘‘(B) providing or selling a beverage pre4 packaged by the manufacturer with a single-use 

5 plastic straw, including a juice box. 

6 ‘‘SEC. 12204. VIOLATIONS; ENFORCEMENT. 

7 ‘‘(a) VIOLATIONS.— 

8 ‘‘(1) IN GENERAL.—Any person that violates an 

9 applicable provision of this subpart (including regu10 lations), shall be subject to— 

11 ‘‘(A) a warning for the initial violation; 

12 ‘‘(B) a fine in an amount equal to not 

13 more than $1,000 for the second violation; and 

14 ‘‘(C) a fine in an amount equal to not 

15 more than $5,000 for a third or subsequent vio16 lation. 

17 ‘‘(2) TREATMENT.—If a violation described in 

18 paragraph (1) is of a continuing nature, each day 

19 during which the violation continues shall be consid20 ered to be an additional, separate, and distinct viola21 tion for purposes of this subsection. 

22 ‘‘(3) PAYMENT TO ADMINISTRATOR.—A fine 

23 collected pursuant to this subsection shall be remit24 ted to the Administrator. 


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1 ‘‘(b) ENFORCEMENT.—Subject to subsection (a)(3), 

2 the Administrator or an affected local government may en3 force this subpart. 

4 ‘‘SEC. 12205. EDUCATION AND OUTREACH. 

5 ‘‘Not later than 120 days after the date of enactment 

6 of this subtitle, the Administrator shall— 

7 ‘‘(1) establish a program to assist persons in 

8 achieving compliance with this subpart, including 

9 by— 

10 ‘‘(A) developing and publishing on a public 

11 website guidance relating to that compliance; 

12 and 

13 ‘‘(B) establishing an online clearinghouse 

14 of vendors that provide environmentally sound 

15 alternatives to single-use plastic bags, single-use 

16 paper bags, polystyrene foam food service prod17 ucts, and single-use plastic straws; and 

18 ‘‘(2) in cooperation with local governments, en19 vironmental organizations, and the business commu20 nity, develop and implement a public information 

21 and education program with respect to this subpart, 

22 including— 

23 ‘‘(A) educational materials; 

24 ‘‘(B) public service announcements; and 

25 ‘‘(C) the distribution of— 


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1 ‘‘(i) free, reusable carryout bags; and 

2 ‘‘(ii) information relating to the envi3 ronmental harms associated with single-use 

4 plastic bags. 

5 ‘‘SEC. 12206. RULEMAKING. 

6 ‘‘The Administrator shall promulgate such regula7 tions as the Administrator determines to be necessary to 

8 carry out this subpart. 

9 ‘‘Subpart B—Prohibition on Other Single-use 

10 Products 

11 ‘‘SEC. 12211. DEFINITIONS. 

12 ‘‘In this subpart: 

13 ‘‘(1) BLACK PLASTIC.—The term ‘black plastic’ 

14 means any plastic with a black plastic resin code 1 

15 through 7. 

16 ‘‘(2) DISPOSABLE FOOD SERVICE WARE.— 

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

18 food service ware’ means a single-use or dispos19 able product for heating, storing, packaging, 

20 serving, consuming, or transporting a prepared 

21 or ready-to-consume food or beverage. 

22 ‘‘(B) INCLUSIONS.—The term ‘disposable 

23 food service ware’ includes— 


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1 ‘‘(i) a bowl, plate, tray, carton, cup, 

2 lid, hinged or lidded container, spoon, fork, 

3 and knife; 

4 ‘‘(ii) any container used by a food es5 tablishment to heat, cook, or store a food 

6 or beverage prior to serving, regardless of 

7 whether the container is used to serve the 

8 food or beverage; and 

9 ‘‘(iii) any item described in clause (i) 

10 or (ii) that is sold by a retail establishment 

11 to a consumer for personal use. 

12 ‘‘(3) FOOD ESTABLISHMENT.— 

13 ‘‘(A) IN GENERAL.—The term ‘food estab14 lishment’ means an operation that serves, 

15 vends, or otherwise provides a food product to 

16 a third party for consumption or use on or off 

17 the premises of the operation, regardless of 

18 whether a fee is charged for the food product. 

19 ‘‘(B) INCLUSION.—The term ‘food estab20 lishment’ includes any facility the operation of 

21 which requires a food service permit in accord22 ance with applicable Federal or State law (in23 cluding regulations). 

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1 vate setting in which a food product is provided 

2 as described in subparagraph (A). 

3 ‘‘(4) PERSONAL CARE PRODUCT.—The term 

4 ‘personal care product’ includes— 

5 ‘‘(A) shampoo; 

6 ‘‘(B) hair conditioner; 

7 ‘‘(C) bath soap; 

8 ‘‘(D) shower gel; 

9 ‘‘(E) lotion; and 

10 ‘‘(F) hand soap. 

11 ‘‘(5) PREPARED FOOD.—The term ‘prepared 

12 food’ has the meaning given the term in section 

13 12201. 

14 ‘‘(6) RETAIL ESTABLISHMENT.—The term ‘re15 tail establishment’ has the meaning given the term 

16 in section 12201. 

17 ‘‘SEC. 12212. PROHIBITION ON CERTAIN TRAVEL 

18 TOILETRIES. 

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

20 ‘‘(1) LODGING ESTABLISHMENT.— 

21 ‘‘(A) IN GENERAL.—The term ‘lodging es22 tablishment’ means an establishment that con23 tains 1 or more sleeping room accommodations 

24 that are rented or otherwise provided to the 

25 public. 


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1 ‘‘(B) INCLUSIONS.—The term ‘lodging es2 tablishment’ includes— 

3 ‘‘(i) a hotel; 

4 ‘‘(ii) a motel; 

5 ‘‘(iii) a resort; 

6 ‘‘(iv) a bed and breakfast; 

7 ‘‘(v) an inn; and 

8 ‘‘(vi) a vacation rental. 

9 ‘‘(C) EXCLUSIONS.—The term ‘lodging es10 tablishment’ does not include— 

11 ‘‘(i) a hospital; 

12 ‘‘(ii) a nursing home; 

13 ‘‘(iii) a residential retirement commu14 nity; 

15 ‘‘(iv) a prison or jail; 

16 ‘‘(v) a homeless shelter; 

17 ‘‘(vi) a boarding school; 

18 ‘‘(vii) a unit of worker housing; 

19 ‘‘(viii) a long-term rental; or 

20 ‘‘(ix) a house, apartment, or other liv21 able space at which the individual pro22 viding a sleeping accommodation as de23 scribed in subparagraph (A) is a perma24 nent resident who lives on the premises. 


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1 ‘‘(2) SMALL PLASTIC BOTTLE.—The term 

2 ‘small plastic bottle’ means a plastic bottle or con3 tainer that— 

4 ‘‘(A) has a capacity of less than 6 ounces; 

5 and 

6 ‘‘(B) is intended to be nonreusable by the 

7 end user. 

8 ‘‘(b) PROHIBITION.— 

9 ‘‘(1) IN GENERAL.—Subject to subsection (c), 

10 effective beginning on the applicable date described 

11 in paragraph (2), a lodging establishment shall not 

12 provide any small plastic bottle containing a per13 sonal care product— 

14 ‘‘(A) to any individual staying in a sleeping 

15 room accommodation of the lodging establish16 ment; 

17 ‘‘(B) in any space within a sleeping room 

18 accommodation of the lodging establishment; or 

19 ‘‘(C) in any bathroom of the lodging estab20 lishment that is shared by— 

21 ‘‘(i) the public; or 

22 ‘‘(ii) guests of the lodging establish23 ment. 

24 ‘‘(2) EFFECTIVE DATE.—The date referred to 

25 in paragraph (1) is— 


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1 ‘‘(A) for a lodging establishment with more 

2 than 50 rooms, the date that is 180 days after 

3 the later of— 

4 ‘‘(i) the date of enactment of this sub5 title; and 

6 ‘‘(ii) the date on which the lodging es7 tablishment commences operation; and 

8 ‘‘(B) for a lodging establishment with 50 

9 or fewer rooms, the date that is 1 year after the 

10 later of— 

11 ‘‘(i) the date of enactment of this sub12 title; and 

13 ‘‘(ii) the date on which the lodging es14 tablishment commences operation. 

15 ‘‘(c) PATRON REQUEST.—Notwithstanding sub16 section (b), a lodging establishment may provide to an in17 dividual, on request of the individual, a personal care 

18 product in a small plastic bottle at no cost at a place other 

19 than a place described in subsection (b)(1). 

20 ‘‘(d) VIOLATIONS.— 

21 ‘‘(1) IN GENERAL.—An agency of a local gov22 ernment with authority to inspect sleeping room ac23 commodations in a lodging establishment may issue 

24 a citation for any violation of subsection (b). 


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1 ‘‘(2) WRITTEN WARNING.—For an initial viola2 tion of the prohibition under subsection (b), an 

3 agency described in paragraph (1) shall issue to the 

4 applicable lodging establishment a written warning 

5 that includes— 

6 ‘‘(A) a description of the violation; and 

7 ‘‘(B) a notice that any subsequent violation 

8 may result in a fine as described in paragraph 

9 (3). 

10 ‘‘(3) SUBSEQUENT VIOLATIONS.—On a second 

11 or subsequent violation of the prohibition under sub12 section (b), an agency described in paragraph (1) 

13 may assess against the applicable lodging establish14 ment a fine in an amount equal to— 

15 ‘‘(A) not more than $500 for each day of 

16 the violation; and 

17 ‘‘(B) not more than a total of $2,000 in 

18 any calendar year. 

19 ‘‘(4) PAYMENT TO ADMINISTRATOR.—A fine 

20 collected pursuant to this subsection shall be remit21 ted to the Administrator. 

22 ‘‘(e) SENSE OF CONGRESS REGARDING USE OF

23 BULK DISPENSERS BY LODGING ESTABLISHMENTS.—It 

24 is the sense of Congress that lodging establishments are 


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1 encouraged to use bulk dispensers of personal care prod2 ucts— 

3 ‘‘(1) to reduce plastic waste; 

4 ‘‘(2) to decrease the operating costs of the lodg5 ing establishments; and 

6 ‘‘(3) in a manner that is mindful of the health 

7 and safety of individuals. 

8 ‘‘SEC. 12213. PROHIBITIONS ON BLACK PLASTICS. 

9 ‘‘(a) PROHIBITIONS.—Effective beginning on the 

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

11 subtitle— 

12 ‘‘(1) no food establishment shall sell, offer for 

13 sale, or otherwise distribute any disposable food 

14 service ware made using a black plastic; and 

15 ‘‘(2) no retail establishment shall sell, offer for 

16 sale, or otherwise distribute— 

17 ‘‘(A) any disposable food service ware 

18 made using a black plastic; or 

19 ‘‘(B) any meat tray, fish tray, seafood 

20 tray, vegetable tray, or egg carton made wholly 

21 or partially using a black plastic. 

22 ‘‘(b) EXEMPTION.— 

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

24 the Administrator may exempt a food establishment 

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1 tion under subsection (a) for a period of not more 

2 than 180 days on receipt of a written application 

3 from the owner or operator of the food establish4 ment or retail establishment. 

5 ‘‘(2) REQUIRED DETERMINATION.—The Admin6 istrator may not provide an exemption under para7 graph (1) unless the Administrator determines 

8 that— 

9 ‘‘(A) strict enforcement of the prohibition 

10 for which the exemption is sought would cause 

11 an undue hardship described in paragraph (3); 

12 or 

13 ‘‘(B) the applicable food establishment or 

14 retail establishment requires additional time in 

15 order to deplete an existing inventory of a spe16 cific item subject to the prohibition for which 

17 the exemption is sought. 

18 ‘‘(3) DESCRIPTION OF UNDUE HARDSHIP.—An 

19 undue hardship referred to in paragraph (2)(A) is a 

20 situation— 

21 ‘‘(A) that is unique to an applicable food 

22 establishment or retail establishment; 

23 ‘‘(B) in which no reasonable alternative to 

24 the use of an item subject to a prohibition 

25 under subsection (a) exists; and 


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1 ‘‘(C) due to which compliance with this 

2 section would create significant economic hard3 ship for the applicable food establishment or re4 tail establishment. 

5 ‘‘(c) EFFECT OF SECTION.—Nothing in this section 

6 prohibits an individual from personal use of a disposable 

7 food service ware or other item made using a black plastic. 

8 ‘‘SEC. 12214. PROHIBITION ON NONCOMPOSTABLE 

9 PRODUCE STICKERS. 

10 ‘‘Effective beginning on the date that is 1 year after 

11 the date of enactment of this subtitle, no retail establish12 ment shall sell or distribute any produce to which is af13 fixed a noncompostable sticker. 

14 ‘‘SEC. 12215. ENFORCEMENT. 

15 ‘‘(a) WRITTEN WARNING.—For the initial violation 

16 of an applicable prohibition under section 12213 or 12214, 

17 the Administrator shall issue to the applicable food estab18 lishment or retail establishment a written warning that in19 cludes— 

20 ‘‘(1) a description of the violation; and 

21 ‘‘(2) a notice that any subsequent violation may 

22 result in a fine or seizure as described in subsection 

23 (b). 

24 ‘‘(b) SUBSEQUENT VIOLATIONS.— 


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1 ‘‘(1) FINES.—Subject to paragraphs (2) and 

2 (3), a food establishment or retail establishment that 

3 has received a written warning under subsection (a) 

4 with respect to a violation of an applicable prohibi5 tion under section 12213 or 12214, and that repeats 

6 the violation, shall be subject to a fine in an amount 

7 equal to— 

8 ‘‘(A) for the first repeat violation during 

9 the calendar year in which the written warning 

10 was received, $250; 

11 ‘‘(B) for the second repeat violation during 

12 that calendar year, $500; and 

13 ‘‘(C) for the third, and any subsequent, 

14 violation during that calendar year, $1,000. 

15 ‘‘(2) SEIZURE.—On a third, or any subsequent, 

16 violation of an applicable prohibition under section 

17 12213 or 12214 by a food establishment or retail es18 tablishment during a calendar year, the Adminis19 trator may seize any products subject to the prohibi20 tion that are in the possession of the applicable food 

21 establishment or retail establishment. 

22 ‘‘(3) LIMITATION.—In the case of a food estab23 lishment or retail establishment the annual revenue 

24 of which is less than $1,000,000, a fine shall not be 


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1 imposed pursuant to this subsection more than once 

2 during any 7-day period. 

3 ‘‘(c) STATE ENFORCEMENT.—The Administrator 

4 may permit a State to carry out enforcement under this 

5 section, subject to the conditions that— 

6 ‘‘(1) the Administrator shall determine that the 

7 State meets such requirements as the Administrator 

8 may establish; and 

9 ‘‘(2) any fines collected by the State under this 

10 section shall be remitted to the Administrator. 

11 ‘‘Subpart C—Advancing Reuse and Refill Systems 

12 ‘‘SEC. 12221. GRANT PROGRAM TO EXPAND EQUITABLE AC13 CESS TO REUSABLE AND REFILLABLE PACK14 AGING. 

15 ‘‘(a) ESTABLISHMENT.—Not later than 2 years after 

16 the date of enactment of this subtitle, the Administrator 

17 shall establish a competitive grant program under which 

18 the Administrator shall provide grants to eligible entities 

19 described in subsection (b) to carry out beverage container 

20 reuse and refill projects in accordance with this section. 

21 ‘‘(b) ELIGIBILITY.—The following entities shall be el22 igible to receive a grant under this section: 

23 ‘‘(1) An institution of higher education. 

24 ‘‘(2) A nonprofit organization. 


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1 ‘‘(3) A unit of county, municipal, or Tribal gov2 ernment. 

3 ‘‘(4) A for-profit entity. 

4 ‘‘(5) A public-private partnership. 

5 ‘‘(c) APPLICATIONS.—An eligible entity described in 

6 subsection (b) seeking a grant under this section shall sub7 mit to the Administrator an application at such time, in 

8 such manner, and containing such information as the Ad9 ministrator may require, including a description of the 

10 means by which the project proposed to be carried out by 

11 the eligible entity will— 

12 ‘‘(1) expand 1 or more reuse and refill systems 

13 to replace single-use plastics, or single-use products 

14 containing or lined with plastic, currently used in 

15 consumer goods industries, including replacement 

16 with food service products and consumer food and 

17 beverage products that— 

18 ‘‘(A) are affordable, convenient, scalable, 

19 nontoxic, and equitable; and 

20 ‘‘(B) satisfy the requirements described in 

21 this part; 

22 ‘‘(2) increase access to, and the capacity of, 

23 reuse and refill infrastructure within the State 

24 served by the eligible entity; 


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1 ‘‘(3) expand consumer knowledge of reuse and 

2 refill programs, including through the development 

3 of accessible education and outreach programs and 

4 materials; and 

5 ‘‘(4) install, and expand access to, sanitation in6 frastructure in public or community buildings to en7 able safe and hygienic reuse, including dishwashers 

8 and sanitation stations. 

9 ‘‘(d) NONTOXIC REQUIREMENTS.—A material used 

10 as part of a reuse and refill project under the program 

11 under this section shall not— 

12 ‘‘(1) contain a toxic substance; or 

13 ‘‘(2) be made using prohibited plastic pack14 aging. 

15 ‘‘(e) PRIORITY; DISTRIBUTION.—In awarding grants 

16 under this section, the Administrator shall— 

17 ‘‘(1) give priority to any project that, as deter18 mined by the Administrator, will— 

19 ‘‘(A) directly benefit a population of color, 

20 community of color, Indigenous community, 

21 rural community, or low-income community; or 

22 ‘‘(B) achieve more than 1 objective de23 scribed in subsection (c); and 

24 ‘‘(2) ensure that at least 1 grant is provided in 

25 each region of the Environmental Protection Agency. 


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1 ‘‘(f) REPORTS.—Not later than 2 years after the date 

2 of enactment of this subtitle, and not less frequently than 

3 once every 3 years thereafter, the Administrator shall sub4 mit to Congress, and publish, a report that includes— 

5 ‘‘(1) an estimate of the current and projected 

6 consumption of beverage containers and covered 

7 products in each State; 

8 ‘‘(2) an assessment of techniques and rec9 ommendations to minimize the creation of new mate10 rials for the manufacturing of beverage containers 

11 and covered products; 

12 ‘‘(3) an assessment of the infrastructure and 

13 design needs required to establish a system for reus14 able and refillable beverage containers in the United 

15 States; and 

16 ‘‘(4) a summary of— 

17 ‘‘(A) the grants provided under this sec18 tion; and 

19 ‘‘(B) the effectiveness of those grants in 

20 increasing the proportion that— 

21 ‘‘(i) the number of reusable and refill22 able beverage containers and covered prod23 ucts used by distributors during each cal24 endar year covered by the report; bears to 


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1 ‘‘(ii) overall beverage container and 

2 covered product consumption during that 

3 calendar year. 

4 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to carry out this section 

6 $20,000,000 for the period of fiscal years 2024 through 

7 2028. 

8 ‘‘SEC. 12222. GRANT PROGRAM TO SUPPORT WATER REFILL 

9 STATIONS AT AIRPORTS AND TRAIN STA10 TIONS. 

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

12 ‘‘(1) PROGRAM.—The term ‘program’ means 

13 the competitive grant program established under 

14 subsection (b). 

15 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

16 the Secretary of Transportation. 

17 ‘‘(b) ESTABLISHMENT.—Not later than 1 year after 

18 the date of enactment of this subtitle, the Secretary shall 

19 establish a competitive grant program under which the 

20 Secretary, in consultation with the Administrator, shall 

21 provide grants for use in accordance with this section to— 

22 ‘‘(1) publicly owned airports that— 

23 ‘‘(A) host not less than 2,500 passenger 

24 boardings each calendar year; and 


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1 ‘‘(B) receive scheduled passenger service; 

2 and 

3 ‘‘(2) train stations located in metropolitan or 

4 suburban areas that provide for the transportation 

5 of individuals (other than employees or contractors 

6 of the station or individuals riding equipment to ob7 serve or monitor railroad operations) by railroad 

8 through— 

9 ‘‘(A) intercity passenger service; or 

10 ‘‘(B) commuter or other short-haul pas11 senger service. 

12 ‘‘(c) USE OF FUNDS.—A grant provided under the 

13 program may be used for— 

14 ‘‘(1) purchasing and installing stations at which 

15 employees, passengers, and other guests may refill 

16 reusable beverage containers with drinking water; 

17 and 

18 ‘‘(2) promoting the use of reusable beverage 

19 containers and water refill stations. 

20 ‘‘(d) APPLICATIONS.—An entity described in sub21 section (b) seeking a grant under the program shall sub22 mit to the Secretary an application at such time, in such 

23 manner, and containing such information as the Secretary 

24 may require, including a description of each project pro25 posed to be carried out using grant funds. 


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1 ‘‘(e) REPORT.—Not later than 2 years after the date 

2 on which the Secretary provides grants under the pro3 gram, the Secretary shall submit to Congress a report de4 scribing the effectiveness of the projects carried out under 

5 the program. 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to carry out the program 

8 $5,000,000 for the period of fiscal years 2024 through 

9 2028. 

10 ‘‘SEC. 12223. CLEAN COMMUNITIES PROGRAM. 

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

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

13 the Administrator shall leverage smart technology and so14 cial media to provide technical assistance to units of local 

15 government for purposes of cost-effectively— 

16 ‘‘(1) identifying concentrated areas of pollution 

17 within the jurisdictions of the units of local govern18 ment; and 

19 ‘‘(2) implementing source reduction solutions in 

20 response to that pollution. 

21 ‘‘SEC. 12224. REPORT ON REUSE AND REFILL SYSTEMS. 

22 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

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

24 than once every 5 years thereafter, the Administrator shall 

25 make publicly available a report describing the feasibility 


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1 of, and best practices relating to, reuse and refill systems 

2 with respect to each of the following sectors: 

3 ‘‘(1) Food service, including— 

4 ‘‘(A) take-out food; 

5 ‘‘(B) the delivery of prepared meals; and 

6 ‘‘(C) meal kits. 

7 ‘‘(2) Consumer food and beverage products. 

8 ‘‘(3) Consumer cleaning products. 

9 ‘‘(4) Personal care products. 

10 ‘‘(5) Transportation and shipping of wholesale 

11 and retail goods. 

12 ‘‘(6) Public educational institutions, including 

13 institutions of higher education. 

14 ‘‘(7) Other sectors, as identified by the Admin15 istrator. 

16 ‘‘(b) OBJECTIVES.—The report under subsection (a) 

17 shall include an evaluation and summary of— 

18 ‘‘(1) types of reuse and refill systems for prod19 uct delivery that can be best used at different scales; 

20 ‘‘(2) methods to ensure equitable distribution of 

21 reuse and refill systems for product delivery in popu22 lations of color, communities of color, Indigenous 

23 communities, and low-income communities; 

24 ‘‘(3) job creation opportunities through the use 

25 or expansion of reuse and refill systems; 


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1 ‘‘(4) economic costs and benefits for— 

2 ‘‘(A) businesses that deploy reuse and refill 

3 system technologies; and 

4 ‘‘(B) parties responsible for waste collec5 tion and management; 

6 ‘‘(5) types of local, State, and Federal support 

7 needed to expand the use of reuse and refill systems; 

8 and 

9 ‘‘(6) existing barriers to the widespread imple10 mentation of reuse and refill systems. 

11 ‘‘(c) CONSIDERATIONS.—In preparing the report 

12 under subsection (a), the Administrator shall take into 

13 consideration relevant information relating to reuse and 

14 refill system programs and approaches in States, units of 

15 local government, and foreign countries. 

16 ‘‘SEC. 12225. RECYCLING AND COMPOSTING RECEPTACLE 

17 LABELING. 

18 ‘‘(a) PURPOSE.—The purpose of this section is to es19 tablish guidelines for a national standardized labeling sys20 tem for the development of labels for recycling and 

21 composting receptacles that use a methodology that is con22 sistent throughout the United States to assist members 

23 of the public in properly recycling and composting. 

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


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

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

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

4 space, as determined by the Administrator. 

5 ‘‘(2) RECYCLING OR COMPOSTING RECEP6 TACLE.—The term ‘recycling or composting recep7 tacle’ means a recycling or composing bin, cart, or 

8 dumpster. 

9 ‘‘(3) RESIDENTIAL RECYCLING AND

10 COMPOSTING PROGRAM.—The term ‘residential recy11 cling and composting program’ means a recycling 

12 and composting program that provides services to 

13 single-family dwellings, multifamily dwellings or fa14 cilities, or both. 

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

16 date of enactment of this subtitle, the Administrator shall 

17 develop and publish guidelines for a national standardized 

18 labeling system for use by Organizations to develop labels 

19 that— 

20 ‘‘(1) use a national standardized methodology 

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

22 to address diverse ethnic populations; 

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

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1 ice area of the Organization in accordance with 

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

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

4 and composting receptacles— 

5 ‘‘(A) the specific recyclables and 

6 compostables accepted by the Organization; and 

7 ‘‘(B) the specific rules of sorting for the 

8 Organization. 

9 ‘‘(d) DEVELOPMENT OF LABELS.— 

10 ‘‘(1) IN GENERAL.—Each Organization, in ac11 cordance with the guidelines published under sub12 section (c), shall use the national standardized label13 ing system to develop labels for use on recycling and 

14 composting receptacles in public spaces and the serv15 ice area of the Organization to communicate to users 

16 of those recycling and composting receptacles— 

17 ‘‘(A) the specific recyclables and 

18 compostables accepted by the Organization; and 

19 ‘‘(B) the specific rules of sorting for the 

20 Organization. 

21 ‘‘(2) SIMPLE AND DETAILED VERSIONS.—In de22 veloping labels under paragraph (1), an Organiza23 tion shall develop— 

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

25 on recycling and composting receptacles used in 


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1 public spaces, which shall list the basic 

2 recyclables and compostables accepted by the 

3 Organization; and 

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

5 on recycling and composting receptacles used as 

6 part of a residential recycling and composting 

7 program of the Organization, taking into con8 sideration the complexity of the covered prod9 ucts and beverage containers disposed of by sin10 gle-family dwellings and multifamily dwellings 

11 and facilities. 

12 ‘‘(e) DISTRIBUTION OF LABELS.— 

13 ‘‘(1) SIMPLE VERSION.— 

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

15 distribute the simple version of the label devel16 oped by the Organization under subsection 

17 (d)(2)(A) to each customer of the Organization 

18 that owns or operates a public space in the 

19 service area of the Organization. 

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

21 distributed to an owner or operator of a public 

22 space under subparagraph (A) shall be reason23 ably sufficient to ensure that a label may be 

24 placed on each recycling and composting recep25 tacle in that public space. 


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1 ‘‘(C) ADDITIONAL LABELS.—If the quan2 tity of labels distributed under subparagraph 

3 (B) is insufficient, an Organization shall make 

4 available to owners and operators described in 

5 subparagraph (A) additional labels to purchase 

6 or download. 

7 ‘‘(D) REQUIREMENT OF OWNERS AND OP8 ERATORS.—An owner or operator of a public 

9 space that receives labels under subparagraph 

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

11 composting receptacles in that public space. 

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

13 municipality, as applicable, that provides services to 

14 a residential recycling and composting program in 

15 the service area of the Organization or municipality, 

16 as applicable, shall display a detailed standardized 

17 label developed by the Organization under subsection 

18 (d)(2)(B) on each recycling and composting recep19 tacle used by the residential recycling and 

20 composting program. 

21 ‘‘SEC. 12226. STUDY AND ACTION ON PLASTIC TOBACCO FIL22 TERS AND ELECTRONIC CIGARETTES. 

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

24 of enactment of this subtitle, the Administrator, in con25 junction with the Commissioner of Food and Drugs and 


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1 the Director of the National Institutes of Health, shall 

2 conduct a study of— 

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

4 tobacco filters made from plastic; and 

5 ‘‘(2) the environmental impacts of electronic 

6 cigarettes, including disposable plastic components 

7 of electronic cigarettes. 

8 ‘‘(b) REPORT TO CONGRESS.—Not later than 180 

9 days after the date on which the study under subsection 

10 (a) is concluded, the Administrator, in conjunction with 

11 the Commissioner of Food and Drugs, shall submit a re12 port describing any recommendations of the Administrator 

13 for the establishment of a program to reduce litter from, 

14 and the environmental impacts of, single-use tobacco filter 

15 products and electronic cigarettes to— 

16 ‘‘(1) the Committee on Health, Education, 

17 Labor and Pensions of the Senate; 

18 ‘‘(2) the Committee on Environment and Public 

19 Works of the Senate; 

20 ‘‘(3) the Committee on Commerce, Science, and 

21 Transportation of the Senate; and 

22 ‘‘(4) the Committee on Energy and Commerce 

23 of the House of Representatives. 

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

25 under subsection (b), the Administrator, in conjunction 


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1 with the Commissioner of Food and Drugs, shall publish 

2 in the Federal Register for public comment— 

3 ‘‘(1) a copy of the report; and 

4 ‘‘(2) a description of the actions the Adminis5 trator and the Commissioner of Food and Drugs in6 tend to take during the 1-year period beginning on 

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

8 environmental impacts of, single-use tobacco filter 

9 products and electronic cigarettes, including rec10 ommendations for incorporating plastic tobacco fil11 ters and electronic cigarette plastic components into 

12 an extended producer responsibility program. 

13 ‘‘PART III—PROHIBITION ON CERTAIN EXPORTS 

14 ‘‘SEC. 12301. PROHIBITION ON CERTAIN EXPORTS. 

15 ‘‘No person may export from the United States any 

16 plastic waste, plastic paring, or scrap of plastic— 

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

18 Organization for Economic Cooperation and Devel19 opment; 

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

21 relevant authorities in a receiving country that is a 

22 member of the Organization for Economic Coopera23 tion and Development, if those exports— 

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

25 plastic polymer; 


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1 ‘‘(B) are contaminated with greater than 

2 0.5 percent of— 

3 ‘‘(i) other plastics; or 

4 ‘‘(ii) other materials, including— 

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

6 waxes, inks, and paints; and 

7 ‘‘(II) composite materials mixing 

8 plastics with nonplastic materials; or 

9 ‘‘(C) are to be re-exported to a country 

10 that is not a member of the Organization for 

11 Economic Cooperation and Development; or 

12 ‘‘(3) that is contaminated with— 

13 ‘‘(A) a hazardous chemical; 

14 ‘‘(B) effective beginning on the date that is 

15 1 year after the date of enactment of this sub16 title, a toxic substance; or 

17 ‘‘(C) any other substance, to the extent 

18 that the export becomes hazardous waste. 

19 ‘‘PART IV—LOCAL GOVERNMENT EFFORTS 

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

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

22 law in effect on or after the date of enactment of this sub23 title that— 


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

2 product in a greater quantity than is required under 

3 part I; 

4 ‘‘(2) prohibits the sale or distribution of any 

5 product that is not prohibited under part I or II; 

6 ‘‘(3) requires any product to be made of a 

7 greater percentage of post-consumer recycled mate8 rial than is required under part I or II; or 

9 ‘‘(4) in any way exceeds the requirements of 

10 this subtitle.’’. 

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

12 contained in section 1001 of the Solid Waste Disposal Act 

13 (42 U.S.C. 6901 note; Public Law 89–272) is amended 

14 by adding at the end the following: 

‘‘Subtitle K—Extended Responsibility for Beverage Containers and Packaging 

‘‘Sec. 12001. Definitions. 

‘‘PART I—EXTENDED RESPONSIBILITY

‘‘Sec. 12101. Extended responsibility. 

‘‘Sec. 12102. Producer Responsibility Organizations. 

‘‘Sec. 12103. Product Stewardship Plans. 

‘‘Sec. 12104. Membership fees. 

‘‘Sec. 12105. Single-use plastic source reduction requirements. 

‘‘Sec. 12106. Advisory committees. 

‘‘Sec. 12107. Reduction, reuse, and recycling needs assessment. 

‘‘Sec. 12108. National beverage container program. 

‘‘Sec. 12109. Elimination of toxic substances in beverage containers and postconsumer recycled material. 

‘‘Sec. 12110. Reporting and auditing. 

‘‘Sec. 12111. Public outreach and education. 

‘‘Sec. 12112. Reduction and Litter Cleanup Trust Fund. 

‘‘Sec. 12113. Prohibition on certain toxic substances and materials. 

‘‘Sec. 12114. Enforcement. 

‘‘PART II—REDUCTION OF SINGLE-USE PRODUCTS

‘‘SUBPART A—PROHIBITIONS ON SINGLE-USE PLASTIC BAGS AND

POLYSTYRENE FOAM FOOD SERVICE PRODUCTS; ACCESSORIES ON REQUEST


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‘‘Sec. 12201. Definitions. 

‘‘Sec. 12202. Bag requirements. 

‘‘Sec. 12203. Food service products. 

‘‘Sec. 12204. Violations; enforcement. 

‘‘Sec. 12205. Education and outreach. 

‘‘Sec. 12206. Rulemaking. 

‘‘SUBPART B—PROHIBITION ON OTHER SINGLE-USE PRODUCTS

‘‘Sec. 12211. Definitions. 

‘‘Sec. 12212. Prohibition on certain travel toiletries. 

‘‘Sec. 12213. Prohibitions on black plastics. 

‘‘Sec. 12214. Prohibition on noncompostable produce stickers. 

‘‘Sec. 12215. Enforcement. 

‘‘SUBPART C—ADVANCING REUSE AND REFILL SYSTEMS

‘‘Sec. 12221. Grant program to expand equitable access to reusable and refillable packaging. 

‘‘Sec. 12222. Grant program to support water refill stations at airports and 

train stations. 

‘‘Sec. 12223. Clean Communities Program. 

‘‘Sec. 12224. Report on reuse and refill systems. 

‘‘Sec. 12225. Recycling and composting receptacle labeling. 

‘‘Sec. 12226. Study and action on plastic tobacco filters and electronic cigarettes. 

‘‘PART III—PROHIBITION ON CERTAIN EXPORTS

‘‘Sec. 12301. Prohibition on certain exports. 

‘‘PART IV—LOCAL GOVERNMENT EFFORTS

‘‘Sec. 12401. Protection of local governments.’’. 

1 TITLE II—PROTECTING 

2 COMMUNITIES FROM PLASTICS 

3 SEC. 201. SHORT TITLE. 

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

6 SEC. 202. FINDINGS. 

7 Congress finds that— 

8 (1) plastics production is exacerbating the cli9 mate crisis and driving environmental injustice in 


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1 vulnerable communities located near petrochemical 

2 facilities; 

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

4 the decade beginning on the date of enactment of 

5 this Act, locking in harmful emissions for decades; 

6 (3) plastics and other petrochemicals are fore7 casted to become the largest driver of oil and hy8 draulically fractured gas demand by 2050; 

9 (4) some studies have projected that the plas10 tics industry will emit more greenhouse gas emis11 sions than coal plants in the United States by 2030; 

12 (5) petrochemical facilities that produce plastics 

13 are more likely to be located in low-income commu14 nities and communities of color, disproportionately 

15 exposing those communities to harmful pollutants; 

16 (6) plastics production and certain disposal fa17 cilities pollute surrounding communities with chemi18 cals that are known to cause cancer, birth defects, 

19 and other serious illnesses; 

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

21 power generation and transportation only to replace 

22 that demand with more fossil fuel-based plastics pro23 duction— 

24 (A) is not a viable strategy; and 

25 (B) fails to protect communities; 


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1 (8) plastics carry impacts throughout the 

2 lifecycle, including the impacts of— 

3 (A) oil and gas extraction; 

4 (B) plastics refining, manufacturing, and 

5 certain methods of disposal; and 

6 (C) resulting plastics pollution in commu7 nities and the environment, where the degrad8 ing plastics— 

9 (i) leach chemical additives; and 

10 (ii) emit greenhouse gases; 

11 (9) addressing the plastics crisis requires a shift 

12 away from single-use plastics in nonessential set13 tings; and 

14 (10) technologies that convert plastics to fuel, 

15 use plastics for energy generation, generate feed16 stocks for the chemical industry, or produce haz17 ardous waste and toxic air pollution are not a sus18 tainable solution to the plastics crisis. 

19 SEC. 203. DEFINITIONS. 

20 In this title: 

21 (1) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the Environ23 mental Protection Agency. 

24 (2) PLASTIC.—The term ‘‘plastic’’ means a syn25 thetic or semisynthetic material that— 


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1 (A) is natural rubber; or 

2 (B) has naturally occurring polymers, such 

3 as proteins or starches. 

4 (3) REFILL; REFILLABLE; REUSABLE; REUSE.— 

5 The terms ‘‘refill’’, ‘‘refillable’’, ‘‘reusable’’, and 

6 ‘‘reuse’’ mean— 

7 (A) with respect to packaging or a food 

8 service product that is reused or refilled by a 

9 producer, that the packaging or food service 

10 product is— 

11 (i) explicitly designed and marketed to 

12 be utilized for not less than the number of 

13 cycles that the Administrator determines 

14 to be appropriate, for the same product, or 

15 for another purposeful packaging use in a 

16 supply chain; 

17 (ii) designed for durability to function 

18 properly in original condition for multiple 

19 cycles; 

20 (iii) composed of materials that do not 

21 contain— 

22 (I) toxic heavy metals; 

23 (II) pathogens; 

24 (III) additives; or 


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1 (IV) toxic substances (as defined 

2 in section 12000 of the Solid Waste 

3 Disposal Act); 

4 (iv) supported by adequate infrastruc5 ture to ensure that the packaging or food 

6 service product can be conveniently and 

7 safely reused or refilled for multiple cycles; 

8 and 

9 (v) repeatedly recovered, inspected, 

10 and repaired, if necessary, and reissued 

11 into the supply chain for reuse or refill for 

12 multiple cycles; and 

13 (B) with respect to packaging or a food 

14 service product that is reused or refilled by a 

15 consumer, that the packaging or food service 

16 product is— 

17 (i) explicitly designed and marketed to 

18 be utilized for not less than the number of 

19 cycles that the Administrator determines 

20 to be appropriate, for the same product; 

21 (ii) designed for durability to function 

22 properly in its original condition for mul23 tiple cycles; 

24 (iii) composed of materials that do not 

25 contain— 


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1 (I) toxic heavy metals; 

2 (II) pathogens; 

3 (III) additives; or 

4 (IV) toxic substances (as defined 

5 in section 12000 of the Solid Waste 

6 Disposal Act); and 

7 (iv) supported by adequate and con8 venient availability of, and retail infra9 structure for, bulk or large format pack10 aging that may be refilled to ensure the 

11 packaging or food service product can be 

12 conveniently and safely reused or refilled 

13 by the consumer for multiple cycles, as 

14 needed. 

15 (4) SINGLE-USE PLASTIC.— 

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

17 plastic’’ means a plastic product or packaging 

18 that— 

19 (i) is routinely disposed of, recycled, 

20 or otherwise discarded after a single use; 

21 or 

22 (ii) is not sufficiently durable or wash23 able to be, or is not intended to be, reus24 able or refillable. 


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

2 plastic’’ does not include— 

3 (i) medical equipment, medical de4 vices, consumer personal protective equip5 ment, or other products determined by the 

6 Secretary of Health and Human Services 

7 to necessarily be made of plastic for the 

8 protection of public health or for people 

9 with disabilities; 

10 (ii) packaging that is— 

11 (I) for any product described in 

12 clause (i) that is determined by the 

13 Secretary of Health and Human Serv14 ices to necessarily be used for the pro15 tection of public health or for people 

16 with disabilities; or 

17 (II) used for the shipment of 

18 hazardous materials, such that the 

19 packaging is prohibited from being 

20 composed of used materials under sec21 tion 178.509 or 178.522 of title 49, 

22 Code of Federal Regulations (as in ef23 fect on the date of enactment of this 

24 Act); or 


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1 (iii) personal hygiene products that, 

2 due to the intended use of the products, 

3 could become unsafe or unsanitary to recy4 cle, such as diapers. 

5 SEC. 204. ENVIRONMENTAL JUSTICE PROTECTIONS AT 

6 COVERED FACILITIES. 

7 (a) DEFINITIONS.—In this section: 

8 (1) COMMUNITY OF COLOR.—The term ‘‘com9 munity of color’’ means a geographically distinct 

10 area in which the percentage of the population of the 

11 community represented by people of color is higher 

12 than the percentage of the population of the State 

13 represented by people of color. 

14 (2) CONSULTATION.—The term ‘‘consultation’’ 

15 means the meaningful and timely process of— 

16 (A) seeking, discussing, and carefully con17 sidering the views of fenceline communities in a 

18 manner that is cognizant of the values of all 

19 parties; and 

20 (B) when feasible, seeking agreement 

21 among the parties. 

22 (3) COVERED FACILITY.—The term ‘‘covered 

23 facility’’ means— 

24 (A) an industrial facility that transforms 

25 petrochemical gas and liquids into ethylene and 


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1 propylene for later conversion into plastic poly2 mers; 

3 (B) an industrial facility that transforms 

4 ethylene and propylene into any other chemical 

5 for later conversion into plastic polymers; 

6 (C) a plastic polymerization, monomer, 

7 polymer, or resin production facility; 

8 (D) an industrial facility that 

9 depolymerizes or otherwise breaks down plastic 

10 polymers into chemical feedstocks for use in 

11 new products or as fuel; 

12 (E) an industrial facility that converts, in13 cluding through pyrolysis or gasification, plastic 

14 polymers into chemical feedstocks; 

15 (F) an industrial facility that generates 

16 fuel or energy from plastic polymers through 

17 waste-to-fuel technology, an incinerator, pyrol18 ysis, gasification, or other similar technology, as 

19 determined by the Administrator; and 

20 (G) an industrial facility that produces a 

21 chemical feedstock for use in the plastics manu22 facturing industry. 

23 (4) COVERED PRODUCT.—The term ‘‘covered 

24 product’’ means— 

25 (A) ethylene; 


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1 (B) propylene; and 

2 (C) raw plastic materials in any form, in3 cluding pellets, resin, nurdles, powder, and 

4 flakes, including— 

5 (i) polyethylene terephthalate (com6 monly referred to as ‘‘PET’’ or ‘‘PETE’’); 

7 (ii) high-density polyethylene (com8 monly referred to as ‘‘HDPE’’); 

9 (iii) low-density polyethylene (com10 monly referred to as ‘‘LDPE’’); 

11 (iv) polypropylene (commonly referred 

12 to as ‘‘PP’’); 

13 (v) polyvinyl chloride (commonly re14 ferred to as ‘‘PVC’’); 

15 (vi) polystyrene (commonly referred to 

16 as ‘‘PS’’); and 

17 (vii) any other plastic polymer deter18 mined to be appropriate by the Adminis19 trator. 

20 (5) ENVIRONMENTAL JUSTICE.—The term ‘‘en21 vironmental justice’’ means the fair treatment and 

22 meaningful involvement of all individuals, regardless 

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1 tation, and enforcement of environmental laws, regu2 lations, and policies to ensure that— 

3 (A) communities with significant popu4 lations of racial minorities, communities of 

5 color, Indigenous communities, and low-income 

6 communities have full access to public informa7 tion and opportunities for meaningful public 

8 participation with respect to human health and 

9 environmental planning, regulations, and en10 forcement; 

11 (B) no community described in subpara12 graph (A) is exposed to a disproportionate bur13 den of the negative human health and environ14 mental impacts of pollution or other environ15 mental hazards; and 

16 (C) the 17 principles described in the docu17 ment entitled ‘‘The Principles of Environmental 

18 Justice’’, written and adopted at the First Na19 tional People of Color Environmental Leader20 ship Summit convened on October 24 through 

21 27, 1991, in Washington, DC, are upheld. 

22 (6) FENCELINE COMMUNITY.— 

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

24 community’’ means a community located near a 


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1 covered facility that has experienced, as a result 

2 of that location— 

3 (i) negative impacts on human health 

4 and the environment; and 

5 (ii) systemic socioeconomic disparity 

6 or another form of injustice with respect to 

7 policies, regulations, or enforcement. 

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

9 community’’ includes a low-income community, 

10 an Indigenous community, and a community of 

11 color. 

12 (7) INDIGENOUS COMMUNITY.—The term ‘‘In13 digenous community’’ means— 

14 (A) a federally recognized Indian Tribe; 

15 (B) a State-recognized Indian Tribe; 

16 (C) an Alaska Native or Native Hawaiian 

17 community or organization; and 

18 (D) any other community of Indigenous in19 dividuals, including communities in other coun20 tries. 

21 (8) LIMITED ENGLISH PROFICIENCY INDI22 VIDUAL.—The term ‘‘limited English proficiency in23 dividual’’ means an individual that— 

24 (A) does not speak English as their pri25 mary language; or 


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

2 write, or understand English. 

3 (9) LOW-INCOME COMMUNITY.—The term ‘‘low4 income community’’ means any census block group 

5 in which 30 percent or more of the population are 

6 individuals with an annual household income equal 

7 to, or less than, the greater of— 

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

9 median income of the area in which the house10 hold is located, as reported by the Secretary of 

11 Housing and Urban Development; and 

12 (B) 200 percent of the Federal poverty 

13 line. 

14 (10) MATERIAL RECOVERY FACILITY.—The 

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

16 waste management facility that processes materials 

17 for reuse or recycling. 

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

19 with respect to involvement by the public in a deter20 mination by a Federal agency, means that— 

21 (A) potentially affected residents of a com22 munity have an appropriate opportunity to par23 ticipate in decisions relating to a proposed ac24 tivity that will affect the environment or public 

25 health of the community; 


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1 (B) the public contribution can influence 

2 the determination by the Federal agency; 

3 (C) the concerns of all participants are 

4 taken into consideration in the decision-making 

5 process; and 

6 (D) the Federal agency— 

7 (i) provides to potentially affected 

8 members of the public accurate informa9 tion, including identifying limited English 

10 proficiency individuals who need language 

11 assistance, implementing accessible lan12 guage assistance measures, and providing 

13 notice to limited English proficiency indi14 viduals for effective engagement in deci15 sions; and 

16 (ii) facilitates the involvement of po17 tentially affected members of the public. 

18 (12) TEMPORARY PAUSE PERIOD.—The term 

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

20 (A) beginning on the date of enactment of 

21 this Act; and 

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

23 date on which— 


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1 (i) all regulations and final rules re2 quired under subsections (d), (e), and (f) 

3 are in effect; and 

4 (ii) the amendments made by sub5 section (i) are fully implemented. 

6 (13) TRANSLATION SERVICES.—The term 

7 ‘‘translation services’’ means professional language 

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

12 community. 

13 (b) NATIONAL ACADEMIES STUDY OF PLASTICS IN14 DUSTRY.— 

15 (1) AGREEMENT.— 

16 (A) IN GENERAL.—The Administrator 

17 shall offer to enter into an agreement with the 

18 National Academy of Sciences and the National 

19 Institutes of Health to conduct a study of— 

20 (i) the existing and planned expansion 

21 of the industry of producers of covered 

22 products, including the entire supply chain, 

23 the extraction and refining of fossil fuels 

24 and polymer feedstocks, chemical recycling 


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1 efforts, end uses, disposal fate, and 

2 lifecycle impacts of covered products; 

3 (ii) the environmental, public health, 

4 environmental justice, and pollution im5 pacts of covered facilities and the products 

6 of covered facilities; 

7 (iii) the use of additives in the pro8 duction of covered products and the con9 sequences of those additives on public 

10 health; 

11 (iv) the existing standard technologies 

12 and practices of covered facilities with re13 spect to the discharge and emission of pol14 lutants into the environment; 

15 (v) the best available technologies and 

16 practices that reduce or eliminate the envi17 ronmental justice and pollution impacts of 

18 covered facilities, associated infrastructure 

19 of covered facilities, and the products of 

20 covered facilities; and 

21 (vi) the toxicity of plastic polymers, 

22 additives, and chemicals (including byprod23 ucts), including the impacts of those poly24 mers, additives, and chemicals on— 

25 (I) public health; 


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1 (II) the recyclability of plastic; 

2 and 

3 (III) the ability to use recycled 

4 content. 

5 (B) FAILURE TO ENTER AGREEMENT.—If 

6 the Administrator fails to enter into an agree7 ment described in subparagraph (A), the Ad8 ministrator shall conduct the study described in 

9 that subparagraph. 

10 (2) REQUIREMENTS.—The study under para11 graph (1) shall— 

12 (A) take into consideration— 

13 (i) the direct, indirect, and cumulative 

14 environmental impacts of industries, in15 cluding plastic production industries, 

16 chemical recycling industries, and the in17 dustries of other covered facilities; and 

18 (ii) the impacts of the planned expan19 sion of those industries, including local, re20 gional, national, and international air, 

21 water, waste, climate change, public health, 

22 and environmental justice impacts of those 

23 industries; and 

24 (B) recommend technologies, regulations, 

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1 ommendations for technologies, regulations, 

2 standards, and practices that will best carry out 

3 the regulatory modifications required under 

4 subsections (d), (e), and (g), to remediate or 

5 eliminate the local, regional, national, and inter6 national air, water, waste, climate change, pub7 lic health, and environmental justice impacts of 

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

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

10 the date of enactment of this Act, the Administrator 

11 shall submit to Congress a report describing the re12 sults of the study under paragraph (1). 

13 (4) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to the Na15 tional Academy of Sciences and the National Insti16 tutes of Health such sums as are necessary to carry 

17 out this subsection. 

18 (c) PERMITTING MORATORIUM FOR COVERED FA19 CILITIES.— 

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

21 during the temporary pause period, notwithstanding 

22 any other provision of law— 

23 (A) the Administrator shall not issue a 

24 new permit for a covered facility under— 


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

2 et seq.); or 

3 (ii) the Federal Water Pollution Con4 trol Act (33 U.S.C. 1251 et seq.); 

5 (B) the Secretary of the Army, acting 

6 through the Chief of Engineers, shall not issue 

7 a new permit for a covered facility under sec8 tion 404 of the Federal Water Pollution Control 

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

10 (C) the Administrator shall object in writ11 ing under subsections (b) and (c) of section 505 

12 of the Clean Air Act (42 U.S.C. 7661d) or sec13 tion 402(d)(2) of the Federal Water Pollution 

14 Control Act (33 U.S.C. 1342(d)(2)), as applica15 ble, to any new permit issued to a covered facil16 ity by a State agency delegated authority under 

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

18 the Federal Water Pollution Control Act (33 

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

20 (D) the export of covered products is pro21 hibited. 

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

23 to a permit described in that paragraph for a facility 

24 that is— 

25 (A) a material recovery facility; 


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1 (B) a mechanical recycling facility; or 

2 (C) a compost facility. 

3 (d) CLEAN AIR REQUIREMENTS FOR COVERED FA4 CILITIES.— 

5 (1) TIMELY REVISION OF EMISSIONS STAND6 ARDS.—Section 111(b)(1)(B) of the Clean Air Act 

7 (42 U.S.C. 7411(b)(1)(B)) is amended by striking 

8 the fifth sentence. 

9 (2) NEW SOURCE PERFORMANCE STANDARDS

10 FOR CERTAIN FACILITIES.—Not later than 3 years 

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

13 (A) designating petrochemical feedstock 

14 and polymer production facilities as a category 

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

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

17 7411(b)(1)(A)); and 

18 (B) establishing new source performance 

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

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

21 of stationary source designated under subpara22 graph (A). 

23 (3) STORAGE VESSELS FOR COVERED PROD24 UCTS.—Not later than 3 years after the date of en25 actment of this Act, the Administrator shall promulVerDate Sep 11 2014 23:52 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H6053.IH H6053

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1 gate a final rule modifying section 60.112b(a) of 

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

3 an owner or operator of a storage vessel containing 

4 liquid with a vapor pressure equal to not less than 

5 5 millimeters of mercury under actual storage condi6 tions that is regulated under that section uses— 

7 (A) an internal floating roof tank con8 nected to a volatile organic compound control 

9 device; or 

10 (B) a fixed-roof tank connected to a vola11 tile organic compound control device. 

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

13 date of enactment of this Act, the Administrator 

14 shall promulgate a final rule— 

15 (A) modifying title 40, Code of Federal 

16 Regulations, to ensure that flaring, at ground17 level and elevated, shall only be permitted when 

18 necessary solely for safety reasons; and 

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

20 60.115b(d)(1), 60.482–10a(d), 60.562– 

21 1(a)(1)(i)(C), 60.662(b), and 60.702(b) of title 

22 40, Code of Federal Regulations, to ensure 

23 that— 


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1 (i) references to flare standards under 

2 those sections refer to the flare standards 

3 established under subparagraph (A); and 

4 (ii) the flare standards under those 

5 sections are, without exception, continu6 ously applied. 

7 (5) SOCMI EQUIPMENT LEAKS.—Not later 

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

9 the Administrator shall promulgate a final rule— 

10 (A) modifying section 60.482–1a of title 

11 40, Code of Federal Regulations, to ensure that 

12 owners and operators use process units and 

13 components with a leak-less or seal-less design; 

14 (B) modifying subsection (f) of that sec15 tion to ensure that owners and operators use 

16 optical gas imaging monitoring pursuant to sec17 tion 60.5397a of that title on a quarterly basis, 

18 unless the owner or operator receives approval 

19 from the Administrator, in writing, to use 

20 Method 21 of the Environmental Protection 

21 Agency (as described in appendix A–7 of part 

22 60 of title 40, Code of Federal Regulations (as 

23 in effect on the date of enactment of this Act)) 

24 with a repair threshold of 500 parts per billion; 


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

2 of Federal Regulations, to ensure that the use 

3 of open-ended valves or lines is prohibited un4 less a showing is made that the use of an open5 ended valve or line is necessary for safety rea6 sons; and 

7 (D) modifying subpart VVa of part 60 of 

8 title 40, Code of Federal Regulations, to ensure 

9 that— 

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

11 is defined to mean an instrument reading 

12 of less than 50 parts per billion above 

13 background concentrations; and 

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

15 mean an instrument reading of not less 

16 than 50 parts per billion above background 

17 concentrations. 

18 (6) NATURAL GAS-FIRED STEAM BOILERS.— 

19 Not later than 3 years after the date of enactment 

20 of this Act, the Administrator shall promulgate a 

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

22 Code of Federal Regulations, to ensure that boilers 

23 or heaters located at an affected covered facility reg24 ulated under that subpart may only burn gaseous 

25 fuels, not solid fuels or liquid fuels. 


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1 (7) NATIONAL EMISSION STANDARDS FOR HAZ2 ARDOUS AIR POLLUTANTS IMPLEMENTATION IM3 PROVEMENTS.— 

4 (A) EQUIPMENT LEAKS OF BENZENE.— 

5 Not later than 3 years after the date of enact6 ment of this Act, the Administrator shall pro7 mulgate a final rule to strike subsection (c) of 

8 section 61.112 of title 40, Code of Federal Reg9 ulations. 

10 (B) BENZENE WASTE OPERATIONS.—Not 

11 later than 3 years after the date of enactment 

12 of this Act, the Administrator shall promulgate 

13 a final rule modifying subpart FF of part 61 of 

14 title 40, Code of Federal Regulations, to ensure 

15 that— 

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

17 is defined to mean an instrument reading 

18 of less than 50 parts per billion above 

19 background concentrations; and 

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

21 mean an instrument reading of not less 

22 than 50 parts per billion above background 

23 concentrations. 

24 (C) MAXIMUM ACHIEVABLE CONTROL

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1 CILITIES.—Not later than 1 year after the date 

2 of enactment of this Act, the Administrator 

3 shall— 

4 (i) promulgate a final rule modifying 

5 subpart YY of part 63 of title 40, Code of 

6 Federal Regulations, to ensure that— 

7 (I) the generic maximum achiev8 able control technology standards de9 scribed in that subpart— 

10 (aa) require no detectable 

11 emissions of hazardous air pollut12 ants, unless the Administrator— 

13 (AA) determines that 

14 the maximum degree of re15 duction in emissions of haz16 ardous air pollutants achiev17 able pursuant to section 

18 112(d)(2) of the Clean Air 

19 Act (42 U.S.C. 7412(d)(2)) 

20 justifies higher limits; and 

21 (BB) publishes the de22 termination under subitem 

23 (AA) and the proposed high24 er limits in a rulemaking; 


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1 (bb) ensure an ample mar2 gin of safety to protect public 

3 health and prevent an adverse 

4 environmental effect; and 

5 (cc) prevent adverse cumu6 lative effects to fetal health, the 

7 health of children, and the health 

8 of vulnerable subpopulations; and 

9 (II) the term ‘‘no detectable 

10 emissions’’, as required under sub11 clause (I)(aa), is defined to mean an 

12 instrument reading of less than 50 

13 parts per billion above background 

14 concentrations; and 

15 (ii) in promulgating the final rule pur16 suant to clause (i), take into consider17 ation— 

18 (I) the effects and risks of expo19 sure from cumulative sources of haz20 ardous air pollutants under the sub21 part modified under that clause; and 

22 (II) the best available science, in23 cluding science provided by the Na24 tional Academy of Sciences. 


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1 (8) MONITORING.—Not later than 2 years after 

2 the date of enactment of this Act, the Administrator 

3 shall promulgate a final rule revising subparts DDD, 

4 NNN, and RRR and other relevant subparts of part 

5 60 of title 40, Code of Federal Regulations— 

6 (A) to require continuous emissions moni7 toring of benzene, nitrogen oxides, sulfur diox8 ide, carbon monoxide, other hazardous air pol9 lutants, and filterable particulate matter for all 

10 combustion devices, including during startups, 

11 shutdowns, and malfunctions of the facilities 

12 regulated by those subparts; 

13 (B) to require— 

14 (i) accurate and continuous record15 keeping when continuous emissions moni16 toring is required under subparagraph (A); 

17 and 

18 (ii) the records required under clause 

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

20 real time; 

21 (C) to require continuous monitoring of 

22 emissions from combustion devices under sec23 tion 63.658 of title 40, Code of Federal Regula24 tions (as in effect on the date of enactment of 

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


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1 carbon monoxide, filterable and condensable 

2 particulate matter, and all other relevant haz3 ardous air pollutants; and 

4 (D) to ensure that the continuous moni5 toring of combustion devices required under 

6 subparagraphs (A) and (C) are used to deter7 mine the compliance of facilities regulated by 

8 those subparts with the Clean Air Act (42 

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

10 (e) CLEAN WATER REQUIREMENTS FOR COVERED

11 FACILITIES.— 

12 (1) BAT AND NSPS STANDARDS FOR PLASTIC

13 POLYMER PRODUCTION.—Not later than 3 years 

14 after the date of enactment of this Act, the Adminis15 trator shall promulgate a final rule— 

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

17 Federal Regulations, to ensure that the best 

18 available technology and new source perform19 ance standard requirements under that part re20 flect updated best available technology and best 

21 available demonstrated control technology for 

22 all pollutants discharged by covered facilities 

23 that produce covered products, including pollut24 ants of concern that are not regulated on the 

25 date of enactment of this Act; 


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1 (B) modifying sections 414.91(b), 

2 414.101(b), and 414.111(b) of title 40, Code of 

3 Federal Regulations, to ensure that— 

4 (i) for new source performance stand5 ards for applicable covered facilities pro6 ducing covered products, the maximum ef7 fluent limit for any 1 day and for any 

8 monthly average for the priority pollutants 

9 described in appendix A to part 423 of 

10 title 40, Code of Federal Regulations (as 

11 in effect on the date of enactment of this 

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

13 Administrator— 

14 (I) determines that higher limits 

15 are justified using best available dem16 onstrated control technology; and 

17 (II) publishes the determination 

18 under subclause (I) and the proposed 

19 higher limits in a rulemaking; and 

20 (ii) for best available technology and 

21 new source performance standards, the 

22 maximum effluent limit for any 1 day and 

23 for any monthly average for total plastic 

24 pellets and other plastic material is 0 milli25 grams per liter; and 


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1 (C) that ensures that the best available 

2 technology limitations described in part 414 of 

3 title 40, Code of Federal Regulations (as modi4 fied under subparagraph (A)) apply to covered 

5 facilities that produce fewer than 5,000,001 

6 pounds of covered products per year. 

7 (2) REVISED EFFLUENT LIMITATIONS GUIDE8 LINES FOR PETROCHEMICAL FEEDSTOCK AND POLY9 MER PRODUCTION.— 

10 (A) BAT AND NCPS STANDARDS.—Not 

11 later than 3 years after the date of enactment 

12 of this Act, the Administrator shall promulgate 

13 a final rule— 

14 (i) modifying sections 419.23, 419.26, 

15 419.33, and 419.36 of title 40, Code of 

16 Federal Regulations, to ensure that the 

17 best available technology and new source 

18 performance standards reflect updated best 

19 available technology and best available 

20 demonstrated control technology for all 

21 pollutants discharged by covered facilities 

22 producing petrochemical feedstocks and 

23 polymers; and 

24 (ii) modifying sections 419.26(a) and 

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1 ulations, to ensure that the new source 

2 performance standards for any 1 day and 

3 for average of daily values for 30 consecu4 tive days for the priority pollutants de5 scribed in appendix A to part 423 of title 

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

8 is 0 milligrams per liter, unless the Admin9 istrator— 

10 (I) determines that higher limits 

11 are necessary based on the best avail12 able demonstrated control technology; 

13 and 

14 (II) publishes the determination 

15 under subclause (I) and the proposed 

16 higher limits in a rulemaking. 

17 (B) RUNOFF LIMITATIONS FOR ETHYLENE

18 AND PROPYLENE PRODUCTION.—Not later than 

19 3 years after the date of enactment of this Act, 

20 the Administrator shall promulgate a final rule 

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

22 title 40, Code of Federal Regulations, to ensure 

23 that runoff limitations that reflect best avail24 able demonstrated control technology are in25 cluded. 


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1 (f) ENVIRONMENTAL JUSTICE REQUIREMENTS FOR

2 COVERED FACILITIES.— 

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

4 the date of enactment of this Act, the Administrator 

5 shall promulgate a final rule to ensure that— 

6 (A) any proposed permit to be issued by 

7 the Administrator or a State agency to which 

8 authority is delegated under the Clean Air Act 

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

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

11 with respect to a covered facility is accompanied 

12 by an environmental justice assessment that— 

13 (i) assesses the direct, indirect, and 

14 cumulative economic, environmental, and 

15 public health impacts of the proposed per16 mit on fenceline communities; and 

17 (ii) proposes changes or alterations to 

18 the proposed permit that would, to the 

19 maximum extent practicable, eliminate or 

20 mitigate the impacts described in clause 

21 (i); 

22 (B) each proposed permit and environ23 mental justice assessment described in subpara24 graph (A) is delivered to applicable fenceline 

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1 ment period for the proposed permit for pur2 poses of notification and consultation, which 

3 shall include— 

4 (i) prompt notification— 

5 (I) through direct means, includ6 ing in non-English languages for lim7 ited English proficiency individuals; 

8 (II) through publications likely to 

9 be obtained by residents of the 

10 fenceline community, including non11 English language publications; and 

12 (III) in the form of a public 

13 hearing in the fenceline community— 

14 (aa) for which public notice 

15 is provided— 

16 (AA) not later than 60 

17 days before the date on 

18 which the public hearing is 

19 to be held; and 

20 (BB) using the means 

21 described in subclauses (I) 

22 and (II); 

23 (bb) for which translation 

24 services are provided; and 


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1 (cc) that is accessible 

2 through live-streaming or alter3 native video streaming services 

4 for which translation services are 

5 provided; and 

6 (ii) after the prompt notification re7 quired under clause (i), consultation that— 

8 (I) facilitates effective collabora9 tion and informed policymaking that 

10 further recognizes the importance of 

11 regular communication and collabora12 tion with fenceline communities, re13 gardless of whether specific regulatory 

14 or policy changes are being consid15 ered; 

16 (II) seeks information and input 

17 from fenceline communities by solic18 iting the collaboration, cooperation, 

19 and participation of those fenceline 

20 communities; 

21 (III) includes an in-person meet22 ing or a telephone conference that— 

23 (aa) is in a location, if appli24 cable, that is selected by those 

25 engaged in the consultation to be 


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1 mutually accessible to representa2 tives of fenceline communities 

3 and applicable Federal or State 

4 government participants; and 

5 (bb) removes institutional 

6 and procedural impediments that 

7 adversely affect working directly 

8 with fenceline communities; 

9 (IV) ensures that any health or 

10 environmental concerns raised by 

11 fenceline communities with be prop12 erly investigated and considered in de13 cisions to grant or deny the proposed 

14 permit; and 

15 (V) explains to the representa16 tives of the fenceline community the 

17 range of resulting actions that the Ad18 ministrator or State agency may take; 

19 (C) the Administrator or a State agency to 

20 which authority is delegated under the Clean 

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

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

23 seq.), as applicable, shall not approve a pro24 posed permit described in subparagraph (A) un25 less— 


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1 (i) changes or alterations have been 

2 incorporated into the revised proposed per3 mit that, to the maximum extent prac4 ticable, eliminate or mitigate the impacts 

5 described in subparagraph (A)(i); 

6 (ii) the changes or alterations de7 scribed in clause (i) have been developed 

8 with meaningful input from residents or 

9 representatives of the fenceline community 

10 in which the covered facility to which the 

11 proposed permit would apply is located or 

12 seeks to locate; and 

13 (iii) the permit includes a community 

14 benefit agreement that— 

15 (I) has been entered into after 

16 the prompt notification and consulta17 tion required under clauses (i) and 

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

19 and 

20 (II) stipulates the benefits the 

21 covered facility agrees to fund or fur22 nish in exchange for community sup23 port for the covered facility, which 

24 may include— 


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1 (aa) commitments to hire di2 rectly from a community; 

3 (bb) contributions to eco4 nomic and health trust funds; 

5 (cc) local workforce training 

6 guarantees; 

7 (dd) increased pollution con8 trol technologies; 

9 (ee) operation restrictions; 

10 (ff) financial assurances; 

11 and 

12 (gg) siting restrictions; 

13 (D) the Administrator or a State agency to 

14 which authority is delegated under the Clean 

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

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

17 seq.), as applicable, shall not approve a pro18 posed permit described in subparagraph (A) 

19 during the 45-day period beginning on the date 

20 on which a public hearing described in subpara21 graph (B)(i)(III) is held for the proposed per22 mit; 

23 (E) the approval of a proposed permit de24 scribed in subparagraph (A) is conditioned on 

25 the covered facility providing— 


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1 (i) response strategies that fully pro2 tect public health and safety and the envi3 ronment in fenceline communities, for 

4 which the affected fenceline communities 

5 have the opportunity to provide meaningful 

6 input; and 

7 (ii) subject to subparagraph (F)— 

8 (I) comprehensive, continuous, 

9 real-time monitoring of ambient air 

10 quality— 

11 (aa) around the perimeter of 

12 the covered facility; and 

13 (bb) in any areas that can 

14 reasonably be impacted by the 

15 covered facility; 

16 (II) water quality testing of 

17 wastewater discharges from the cov18 ered facility; and 

19 (F) regardless of whether a permit has 

20 been sought or issued with respect to the chem21 ical, each covered facility shall conduct appro22 priate air and water quality monitoring and 

23 testing relating to each chemical produced at 

24 the covered facility in a quantity of more than 

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1 duced at the covered facility that is emitted in 

2 excess of the applicable level permitted under 

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

4 the Federal Water Pollution Control Act (33 

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

6 that any discharge of such a chemical into the 

7 air or water shall be— 

8 (i) reported to the Administrator by 

9 not later than 48 hours after receipt of the 

10 test result; and 

11 (ii) if a release of information to the 

12 public is not limited due to confidentiality 

13 concerns, made publicly available in ac14 cordance with subclauses (I) and (II) of 

15 subparagraph (B)(i). 

16 (2) REQUIREMENTS.— 

17 (A) INPUT.—The Administrator shall de18 velop the final rule under paragraph (1) with 

19 meaningful input from— 

20 (i) residents of fenceline communities; 

21 and 

22 (ii) representatives of fenceline com23 munities. 

24 (B) COMMUNITY CONSULTATION.—In car25 rying out consultation under paragraph 


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

2 agency to which authority is delegated under 

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

4 the Federal Water Pollution Control Act (33 

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

6 position that— 

7 (i) supports fenceline communities in 

8 understanding the technical nuances of the 

9 permit and regulatory process; and 

10 (ii) accounts for limited English pro11 ficiency individuals. 

12 (3) REPORT TO CONGRESS ON STATE PERMIT13 TING PROGRAMS.—Not later than 2 years after the 

14 date on which the final rule required under para15 graph (1) is published in the Federal Register, and 

16 not less frequently than once every 5 years there17 after, the Administrator shall submit to Congress a 

18 report evaluating the implementation by States of 

19 required environmental justice considerations pursu20 ant to that final rule in State permitting programs 

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

22 and the Federal Water Pollution Control Act (33 

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

24 (g) TOXIC SUBSTANCES.— 


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

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

3 2607(b)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(11) PLASTICS.— 

6 ‘‘(A) DEFINITIONS.—In this paragraph: 

7 ‘‘(i) COVERED FACILITY; COVERED

8 PRODUCT.—The terms ‘covered facility’ 

9 and ‘covered product’ have the meanings 

10 given those terms in section 204(a) of the 

11 Protecting Communities from Plastics Act. 

12 ‘‘(ii) PLASTIC; SINGLE-USE PLAS13 TIC.—The terms ‘plastic’ and ‘single-use 

14 plastic’ have the meanings given those 

15 terms in section 203 of the Protecting 

16 Communities from Plastics Act. 

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

18 2025, and every 3 years thereafter, the Admin19 istrator shall prepare, and publish in the Fed20 eral Register, an inventory of plastic manufac21 turing, distribution in commerce, and trade in 

22 the United States. 

23 ‘‘(C) PROCESS.—In preparing the inven24 tory under subparagraph (B), the Adminis25 trator shall— 


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1 ‘‘(i) identify— 

2 ‘‘(I) each covered facility; and 

3 ‘‘(II) any other manufacturer of 

4 plastic products; 

5 ‘‘(ii) identify— 

6 ‘‘(I) the monomers and polymers 

7 associated with plastic production; 

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

9 products manufactured; and 

10 ‘‘(III) the associated quantities of 

11 polymer and product manufacture and 

12 uses; 

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

14 manufactured— 

15 ‘‘(I) in the aggregate; and 

16 ‘‘(II) by use category; 

17 ‘‘(iv) quantify the percentage of post18 consumer recycled material content of 

19 feedstocks for manufacture of the types of 

20 plastic products identified under clause 

21 (ii)(II); 

22 ‘‘(v) provide information and quan23 tified estimates regarding the fate of the 

24 plastic products at the end of useful life; 


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1 ‘‘(vi) identify the chemicals used in 

2 polymer or plastic production that may 

3 pose a potential risk to human health and 

4 the environment, taking into account the 

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

6 which shall include, at a minimum, the in7 formation described in subparagraphs (A) 

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

9 ‘‘(vii) specify any chemicals identified 

10 under clause (vi)— 

11 ‘‘(I) that are undergoing regu12 latory action under section 6; or 

13 ‘‘(II) for which regulatory action 

14 under section 6 is anticipated during 

15 the following 3 years; 

16 ‘‘(viii) for each chemical identified 

17 under clause (vi) that is not specified 

18 under clause (vii), provide a timetable for 

19 regulatory action under section 6 and any 

20 other recommended actions, including pro21 posed revisions of Federal law or regula22 tions, to achieve further reductions in plas23 tic manufacture or distribution in com24 merce; and 


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1 ‘‘(ix) propose revisions to Federal law 

2 or regulations to achieve further reductions 

3 in plastic manufacture or distribution in 

4 commerce. 

5 ‘‘(D) REPORTING.— 

6 ‘‘(i) IN GENERAL.—To assist in the 

7 preparation of the inventory under sub8 paragraph (B), notwithstanding section 

9 3(2)(B), each person that manufactures a 

10 covered product used in plastic production, 

11 and each person that manufactures a plas12 tic product, shall submit to the Adminis13 trator periodic reports at such time and in14 cluding such information as the Adminis15 trator shall determine, by rule. 

16 ‘‘(ii) PROMULGATION OF RULE.—Not 

17 later than July 1, 2024, the Administrator 

18 shall promulgate the rule described in 

19 clause (i). 

20 ‘‘(iii) PREVIOUSLY SUBMITTED INFOR21 MATION.—To avoid duplication, informa22 tion previously submitted to the Adminis23 trator under this section may be consid24 ered to be partially compliant with the re25 porting requirements of this subparagraph 


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1 if the information previously submitted is 

2 an accurate reflection of the current infor3 mation. 

4 ‘‘(iv) PUBLIC AVAILABILITY.—The 

5 Administrator shall make available to the 

6 public, in an accessible database, the re7 ports submitted under clause (i), in accord8 ance with section 14.’’. 

9 (2) CUMULATIVE HEALTH RISKS POSED BY

10 COVERED FACILITIES.— 

11 (A) DEFINITIONS.—In this paragraph: 

12 (i) CHEMICAL SUBSTANCE; MIX13 TURE.—The terms ‘‘chemical substance’’ 

14 and ‘‘mixture’’ have the meanings given 

15 those terms in section 3 of the Toxic Sub16 stances Control Act (15 U.S.C. 2602). 

17 (ii) COVERED FACILITY.—The term 

18 ‘‘covered facility’’ means a covered facility 

19 identified in the inventory. 

20 (iii) INVENTORY.—The term ‘‘inven21 tory’’ means the inventory published under 

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

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

24 2607(b)). 


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

2 2027, taking into account the inventory, the 

3 Administrator shall conduct a single assessment 

4 of the aggregate, cumulative public health im5 pacts on fenceline communities at covered facili6 ties. 

7 (C) REQUIREMENTS.—The assessment 

8 under subparagraph (B) shall— 

9 (i) ascertain the potentially exposed or 

10 susceptible subpopulations; 

11 (ii) estimate the magnitude of the po12 tential health impacts on— 

13 (I) fenceline communities gen14 erally; and 

15 (II) more exposed or susceptible 

16 subpopulations specifically; 

17 (iii) determine which chemical sub18 stances or mixtures may be causing or con19 tributing to potential adverse public health 

20 impacts; 

21 (iv) include an assessment of— 

22 (I) the cumulative exposures as23 sociated with covered facilities from 

24 all chemicals used to make plastic 

25 polymers; 


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1 (II) the chemical substances (in2 cluding plastic polymers, additives, 

3 and byproducts) produced from— 

4 (aa) the use of the plastic 

5 polymers as feedstocks for other 

6 chemicals; and 

7 (bb) waste-to-fuel tech8 nology; and 

9 (III) the impact of chemical sub10 stances (including plastic polymers, 

11 additives, and byproducts) on— 

12 (aa) the recyclability of plas13 tics; 

14 (bb) the use of recycled con15 tent in food contact products and 

16 packaging; and 

17 (cc) public health; and 

18 (v) focus on— 

19 (I) communities located near cov20 ered facilities; 

21 (II) workers at covered facilities; 

22 (III) other potentially exposed or 

23 susceptible subpopulations; and 

24 (IV) impacts in other countries 

25 resulting from— 


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1 (aa) volatile organic com2 pounds, metals, and other toxic 

3 additives and air emissions of 

4 foreign recycling facilities; 

5 (bb) the export from the 

6 United States of plastic products, 

7 intermediary products (such as 

8 pellets), and plastic waste from 

9 covered facilities; 

10 (cc) disposal and manage11 ment of unrecycled fractions 

12 from the exports described in 

13 item (bb); 

14 (dd) water and land pollu15 tion resulting from importation 

16 of those exports; and 

17 (ee) the legality of those im18 ports, including under the Basel 

19 Convention on the Control of 

20 Transboundary Movements of 

21 Hazardous Wastes and Their 

22 Disposal, done at Basel, Switzer23 land, March 22, 1989. 


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1 (D) PROCEDURAL REQUIREMENTS.—The 

2 assessment under subparagraph (B) shall be 

3 subject to— 

4 (i) public notice and an opportunity 

5 for public comment; and 

6 (ii) peer review by the Science Advi7 sory Committee on Chemicals established 

8 under section 26(o) of the Toxic Sub9 stances Control Act (15 U.S.C. 2625(o)). 

10 (3) HIGH-PRIORITY SUBSTANCES.— 

11 (A) STYRENE AND VINYL CHLORIDE.—Not 

12 later than 2 years after the date of enactment 

13 of this Act, the Administrator, after public no14 tice and an opportunity for comment, shall 

15 make a final prioritization determination under 

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

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

18 (i) styrene (including polystyrene); 

19 and 

20 (ii) vinyl chloride (including polyvinyl 

21 chloride). 

22 (B) OTHER CHEMICALS OR MIXTURES.— 

23 With respect to any chemical substances or 

24 mixtures (as those terms are defined in section 

25 3 of the Toxic Substances Control Act (15 


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

2 (A) and identified in the assessment under 

3 paragraph (2) as causing or contributing to po4 tential adverse public health impacts, the Ad5 ministrator shall— 

6 (i) include those chemical substances 

7 or mixtures in any subsequently published 

8 inventory; and 

9 (ii) specify applicable timetables for 

10 action as part of the inventory in accord11 ance with clause (vii) or (viii) of paragraph 

12 (11) of section 8(b) of the Toxic Sub13 stances Control Act (15 U.S.C. 2607(b)). 

14 (4) AUTHORIZATION OF APPROPRIATIONS.— 

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

16 be appropriated to the Administrator such sums 

17 as are necessary to carry out this subsection 

18 and the amendments made by this subsection. 

19 (B) MAINTENANCE OF FUNDING.—The 

20 funding provided under this paragraph shall 

21 supplement, not supplant, other Federal fund22 ing to carry out the Toxic Substances Control 

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

24 (h) HAZARDOUS WASTE.—Not later than 180 days 

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


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1 shall initiate a rulemaking to list discarded polyvinyl chlo2 ride as a hazardous waste under the Solid Waste Disposal 

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

4 (i) CUMULATIVE IMPACT REQUIREMENTS FOR COV5 ERED FACILITIES.— 

6 (1) FEDERAL WATER POLLUTION CONTROL

7 ACT.—Section 402 of the Federal Water Pollution 

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

9 (A) by striking the section designation and 

10 heading and all that follows through ‘‘Except 

11 as’’ in subsection (a)(1) and inserting the fol12 lowing: 

13 ‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI14 NATION SYSTEM. 

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

16 ‘‘(1) IN GENERAL.—Except as’’; 

17 (B) in subsection (a)— 

18 (i) in paragraph (1)— 

19 (I) by striking ‘‘upon condition 

20 that such discharge will meet either 

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

22 ‘‘subject to the conditions that— 

23 ‘‘(A) the discharge will achieve compliance 

24 with— 

25 ‘‘(i) all’’; 


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

2 or (B) prior’’ and inserting the fol3 lowing: ‘‘403; or 

4 ‘‘(ii) prior’’; and 

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

6 inserting the following: ‘‘this Act; and 

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

8 issuance or renewal of the permit to a covered 

9 facility (as defined in section 204(a) of the Pro10 tecting Communities from Plastics Act)— 

11 ‘‘(i) based on an analysis by the Ad12 ministrator of existing water quality and 

13 the potential cumulative impacts (as de14 fined in section 501 of the Clean Air Act 

15 (42 U.S.C. 7661)) of the discharge from 

16 the covered facility (as so defined), consid17 ered in conjunction with the designated 

18 and actual uses of the impacted navigable 

19 water, there exists a reasonable certainty 

20 of no harm to the health of the general 

21 population, or to any potentially exposed or 

22 susceptible subpopulation; or 

23 ‘‘(ii) if the Administrator determines 

24 that, due to those potential cumulative im25 pacts, there does not exist a reasonable 


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1 certainty of no harm to the health of the 

2 general population, or to any potentially 

3 exposed or susceptible subpopulation, the 

4 permit or renewal includes such terms and 

5 conditions as the Administrator determines 

6 to be necessary to ensure a reasonable cer7 tainty of no harm.’’; and 

8 (ii) in paragraph (2), by striking ‘‘as9 sure compliance with the requirements of 

10 paragraph (1) of this subsection, including 

11 conditions on data and information collec12 tion, reporting, and such other require13 ments as he deems appropriate.’’ and in14 serting the following: ‘‘ensure compliance 

15 with the requirements of paragraph (1), in16 cluding— 

17 ‘‘(A) conditions relating to— 

18 ‘‘(i) data and information collection; 

19 ‘‘(ii) reporting; and 

20 ‘‘(iii) such other requirements as the 

21 Administrator determines to be appro22 priate; and 

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

24 defined in section 204(a) of the Protecting 

25 Communities from Plastics Act) additional conVerDate Sep 11 2014 23:52 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\H6053.IH H6053

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1 trols or pollution prevention requirements.’’; 

2 and 

3 (C) in subsection (b)— 

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

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

6 the semicolon at the end and inserting a 

7 period; 

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

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

10 and 

11 (iii) by adding at the end the fol12 lowing: 

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

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

15 section 204(a) of the Protecting Communities from 

16 Plastics Act) if, with respect to an application for 

17 the permit, the State determines, based on an anal18 ysis by the State of existing water quality and the 

19 potential cumulative impacts (as defined in section 

20 501 of the Clean Air Act (42 U.S.C. 7661)) of the 

21 discharge from the covered facility (as so defined), 

22 considered in conjunction with the designated and 

23 actual uses of the impacted navigable water, that the 

24 terms and conditions of the permit or renewal would 

25 not be sufficient to ensure a reasonable certainty of 


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1 no harm to the health of the general population, or 

2 to any potentially exposed or susceptible subpopula3 tion.’’. 

4 (2) CLEAN AIR ACT.— 

5 (A) DEFINITIONS.—Section 501 of the 

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

7 (i) in the matter preceding paragraph 

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

9 and inserting ‘‘In this title:’’; 

10 (ii) by redesignating paragraphs (2), 

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

12 (4), respectively, and moving the para13 graphs so as to appear in numerical order; 

14 and 

15 (iii) by inserting after paragraph (1) 

16 the following: 

17 ‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu18 lative impacts’ means any exposure, public health or 

19 environmental risk, or other effect occurring in a 

20 specific geographical area, including from an emis21 sion or release— 

22 ‘‘(A) including— 

23 ‘‘(i) environmental pollution re24 leased— 

25 ‘‘(I) routinely; 


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1 ‘‘(II) accidentally; or 

2 ‘‘(III) otherwise; and 

3 ‘‘(ii) as assessed based on the com4 bined past, present, and reasonably fore5 seeable emissions and discharges affecting 

6 the geographical area; and 

7 ‘‘(B) evaluated taking into account sen8 sitive populations and socioeconomic factors, 

9 where applicable.’’. 

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

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

12 amended— 

13 (i) in paragraph (5)— 

14 (I) in subparagraphs (A) and 

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

16 appears and inserting ‘‘ensure’’; and 

17 (II) by striking subparagraph (F) 

18 and inserting the following: 

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

20 to or renewed for a covered facility (as defined 

21 in section 204(a) of the Protecting Commu22 nities from Plastics Act), as applicable, if— 

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

24 a permit or renewal of a permit for a 

25 major source that is a covered facility (as 


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1 defined in section 204(a) of the Protecting 

2 Communities from Plastics Act), the per3 mitting authority determines under para4 graph (9)(C)(ii)(I)(bb)(BB) that the terms 

5 and conditions of the permit or renewal 

6 would not be sufficient to ensure a reason7 able certainty of no harm to the health of 

8 the general population, or to any poten9 tially exposed or susceptible subpopulation, 

10 of the applicable census tracts or Tribal 

11 census tracts (as those terms are defined 

12 by the Director of the Bureau of the Cen13 sus); or 

14 ‘‘(ii) the Administrator objects to the 

15 issuance of the permit in a timely manner 

16 under this title.’’; and 

17 (ii) in paragraph (9)— 

18 (I) in the fourth sentence, by 

19 striking ‘‘Such permit revision’’ and 

20 inserting the following: 

21 ‘‘(iii) TREATMENT AS RENEWAL.—A 

22 permit revision under this paragraph’’; 

23 (II) in the third sentence, by 

24 striking ‘‘No such revision shall’’ and 

25 inserting the following: 


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1 ‘‘(ii) EXCEPTION.—A revision under 

2 this paragraph shall not’’; 

3 (III) in the second sentence, by 

4 striking ‘‘Such revisions’’ and insert5 ing the following: 

6 ‘‘(B) REVISION REQUIREMENTS.— 

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

8 in subparagraph (A) or (C)’’; 

9 (IV) by striking ‘‘(9) A require10 ment’’ and inserting the following: 

11 ‘‘(9) MAJOR SOURCES.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (C), a requirement that’’; and 

14 (V) by adding at the end the fol15 lowing: 

16 ‘‘(C) CERTAIN PLASTICS FACILITIES.— 

17 ‘‘(i) DEFINITION OF COVERED FACIL18 ITY.—In this subparagraph, the term ‘cov19 ered facility’ has the meaning given the 

20 term in section 204(a) of the Protecting 

21 Communities from Plastics Act. 

22 ‘‘(ii) ADDITIONAL REQUIREMENTS.— 

23 With respect to any permit or renewal of 

24 a permit, as applicable, for a major source 

25 that is a covered facility, the permitting 


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1 authority, in determining whether to issue 

2 or renew the permit, shall— 

3 ‘‘(I) evaluate the potential cumu4 lative impacts of the proposed covered 

5 facility, as described in the applicable 

6 cumulative impacts analysis submitted 

7 under section 503(b)(3); 

8 ‘‘(II) if, due to those potential 

9 cumulative impacts, the permitting 

10 authority cannot determine that there 

11 exists a reasonable certainty of no 

12 harm to the health of the general pop13 ulation, or to any potentially exposed 

14 or susceptible subpopulation, of any 

15 census tracts or Tribal census tracts 

16 (as those terms are defined by the Di17 rector of the Bureau of the Census) 

18 located in, or immediately adjacent to, 

19 the area in which the covered facility 

20 is, or is proposed to be, located— 

21 ‘‘(aa) include in the permit 

22 or renewal such terms and condi23 tions (including additional con24 trols or pollution prevention re25 quirements) as the permitting 


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1 authority determines to be nec2 essary to ensure a reasonable cer3 tainty of no harm; or 

4 ‘‘(bb) if the permitting au5 thority determines that terms 

6 and conditions described in item 

7 (aa) would not be sufficient to 

8 ensure a reasonable certainty of 

9 no harm, deny the issuance or re10 newal of the permit; 

11 ‘‘(III) determine whether the ap12 plicant is a persistent violator, based 

13 on such criteria relating to the history 

14 of compliance by an applicant with 

15 this Act as the Administrator shall es16 tablish by not later than 180 days 

17 after the date of enactment of the 

18 Protecting Communities from Plastics 

19 Act; 

20 ‘‘(IV) if the permitting authority 

21 determines under subclause (III) that 

22 the applicant is a persistent violator 

23 and the permitting authority does not 

24 deny the issuance or renewal of the 


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1 permit pursuant to subclause 

2 (V)(bb)— 

3 ‘‘(aa) require the applicant 

4 to submit a redemption plan that 

5 describes, if the applicant is not 

6 in compliance with this Act, 

7 measures the applicant will carry 

8 out to achieve that compliance, 

9 together with an approximate 

10 deadline for that achievement, 

11 measures the applicant will carry 

12 out, or has carried out to ensure 

13 the applicant will remain in com14 pliance with this Act, and to 

15 mitigate the environmental and 

16 health effects of noncompliance, 

17 and the measures the applicant 

18 has carried out in preparing the 

19 redemption plan to consult or ne20 gotiate with the communities af21 fected by each persistent viola22 tion addressed in the plan; and 

23 ‘‘(bb) once such a redemp24 tion plan is submitted, determine 

25 whether the plan is adequate to 


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1 ensuring that the applicant will 

2 achieve compliance with this Act 

3 expeditiously, will remain in com4 pliance with this Act, will miti5 gate the environmental and 

6 health effects of noncompliance, 

7 and has solicited and responded 

8 to community input regarding 

9 the redemption plan; and 

10 ‘‘(V) deny the issuance or re11 newal of the permit if the permitting 

12 authority determines that— 

13 ‘‘(aa) the redemption plan 

14 submitted under subclause 

15 (IV)(aa) is inadequate; or 

16 ‘‘(bb)(AA) the applicant has 

17 submitted a redemption plan on 

18 a prior occasion, but continues to 

19 be a persistent violator; and 

20 ‘‘(BB) no indication of ex21 tremely exigent circumstances ex22 cusing the persistent violations 

23 exists.’’. 

24 (C) PERMIT APPLICATIONS.—Section 

25 503(b) of the Clean Air Act (42 U.S.C. 


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1 7661b(b)) is amended by adding at the end the 

2 following: 

3 ‘‘(3) ANALYSES FOR CERTAIN PLASTICS FACILI4 TIES.—The regulations required by section 502(b) 

5 shall include a requirement that an applicant for a 

6 permit or renewal of a permit for a major source 

7 that is a covered facility (as defined in section 

8 204(a) of the Protecting Communities from Plastics 

9 Act) shall submit, together with the compliance plan 

10 required under this subsection, a cumulative impacts 

11 analysis for each census block tract or Tribal census 

12 block tract (as those terms are defined by the Direc13 tor of the Bureau of the Census) located within 10 

14 kilometers of, or immediately adjacent to, the area 

15 in which the major source that is a covered source 

16 (as so defined) is, or is proposed to be, located that 

17 analyzes— 

18 ‘‘(A) community demographics and loca19 tions of community exposure points, such as 

20 residences, schools, daycare centers, nursing 

21 homes, hospitals, health clinics, places of reli22 gious worship, parks, playgrounds, and commu23 nity centers; 

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

25 hazardous air pollutants and criteria pollutants) 


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1 and the potential effect on that air quality of 

2 emissions of air pollutants (including pollutants 

3 listed under section 108 or 112) from the pro4 posed covered facility (as so defined), including 

5 in combination with existing sources of pollut6 ants; 

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

8 water quality, and fish and game of emissions 

9 of air and water pollutants that could contami10 nate soil or water from the proposed major 

11 source, including in combination with existing 

12 sources of pollutants; and 

13 ‘‘(D) public health and any potential ef14 fects on public health of the proposed covered 

15 facility (as so defined).’’. 

16 (j) FINANCIAL ASSURANCE REQUIREMENTS FOR

17 COVERED FACILITIES.— 

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

19 the date of enactment of this Act, the Administrator 

20 shall develop and require as a condition to receiving 

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

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

23 (33 U.S.C. 1251 et seq.) financial assurance require24 ments for new covered facilities that demonstrate 

25 the presence of sufficient financial resources— 


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1 (A) to safely close the covered facility at 

2 the end of the operational life of the covered fa3 cility; or 

4 (B) to provide appropriate emergency re5 sponse in the case of an accidental release. 

6 (2) APPLICATION TO EXISTING COVERED FA7 CILITIES.—The financial assurance requirements 

8 under paragraph (1) shall apply to existing covered 

9 facilities at the time at which an existing covered fa10 cility seeks renewal of a permit under the Clean Air 

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

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

13 applicable. 

14 (k) SITING RESTRICTIONS FOR NEW COVERED FA15 CILITIES.—The issuance or approval of a permit under the 

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

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

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

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

20 community building or area, including a school, a resi21 dence, a daycare center, a nursing home, a hospital, a 

22 health clinic, a place of religious worship, a park, a play23 ground, and a community center. 


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1 SEC. 205. MICROPLASTICS RESEARCH AND DIRECTIVES. 

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

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

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

5 (b) NATIONAL RECYCLING STRATEGY LIMITATION.— 

6 The Administrator shall not expand the scope of the Na7 tional Recycling Strategy of the Environmental Protection 

8 Agency to include facilities that treat plastic waste 

9 through the use of pyrolysis, gasification, or similar chem10 ical recycling technologies. 

11 (c) FOOD AND DRUG ADMINISTRATION STUDY.— 

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

13 and Drugs, in consultation with the Secretary of Ag14 riculture and the heads of other necessary Federal 

15 departments and agencies, such as the Director of 

16 the National Institute of Standards and Technology, 

17 shall conduct a nationwide study on the presence 

18 and sources of microplastics in food (including 

19 drink) products, including food products containing 

20 fish, meat, fruits, or vegetables. 

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

22 date of enactment of this Act, the Commissioner of 

23 Food and Drugs shall submit to Congress, and make 

24 publicly available, a report describing the results of 

25 the study under this subsection. 


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1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this subsection. 

4 (d) MICROPLASTICS PILOT PROGRAM.— 

5 (1) ESTABLISHMENT.—The Administrator shall 

6 establish a pilot program (referred to in this sub7 section as the ‘‘pilot program’’) to test the efficacy 

8 and cost-effectiveness of tools, technologies, and 

9 techniques— 

10 (A) to remove microplastics from the envi11 ronment without causing additional harm to the 

12 environment; and 

13 (B) to prevent the release of microplastics 

14 into the environment. 

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

16 program, the Administrator shall include testing of, 

17 and an analysis and mitigation of any environmental 

18 impacts on— 

19 (A) natural infrastructure; 

20 (B) green infrastructure (as defined in sec21 tion 502 of the Federal Water Pollution Control 

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

23 (C) mechanical removal systems (such as 

24 pumps) and filtration technologies, including 

25 consideration of potential negative ecological 


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1 impacts that may result from filtration in nat2 ural waterways and ocean waters. 

3 (3) ELIGIBLE LOCATIONS.—The Administrator 

4 may carry out under the pilot program projects lo5 cated in— 

6 (A) stormwater systems; 

7 (B) wastewater treatment facilities; 

8 (C) drinking water systems; 

9 (D) ports, harbors, inland waterways, estu10 aries, and marine environments; and 

11 (E) roadways, highways, and other streets 

12 used for vehicular travel. 

13 (4) OUTREACH.—In determining selection cri14 teria and projects to carry out under the pilot pro15 gram, the Administrator shall conduct outreach to— 

16 (A) the Interagency Marine Debris Coordi17 nating Committee established by section 5(a) of 

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

19 and 

20 (B) stakeholders and experts in the appli21 cable field, as determined by the Administrator. 

22 (5) REPORTS.— 

23 (A) OUTREACH ACTIVITIES.—Not later 

24 than 180 days after the date of enactment of 

25 this Act, the Administrator shall submit to ConVerDate Sep 11 2014 23:52 Oct 28, 2023 Jkt 049200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H6053.IH H6053

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1 gress a report describing the outreach con2 ducted under paragraph (4). 

3 (B) PROJECT EFFECTIVENESS.—Not later 

4 than 3 years after the date on which the Ad5 ministrator establishes the pilot program, the 

6 Administrator shall submit to Congress a report 

7 describing the effectiveness of projects carried 

8 out under the pilot program. 

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

10 year after the date on which the Administrator sub11 mits to Congress the report required under para12 graph (5)(B), the Administrator shall initiate a rule13 making to address abatement and mitigation of 

14 microplastics in the locations described in paragraph 

15 (3) using technologies and methods tested under the 

16 pilot program. 

17 (7) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this subsection. 

20 (e) NATIONAL INSTITUTES OF HEALTH RE21 SEARCH.— 

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

23 Institutes of Health shall conduct or support re24 search on the presence of microplastics in the 

25 human body, which may include determining how 


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1 the presence of microplastics in organs and biospeci2 mens, including urine, breastmilk, and stool, impacts 

3 human health. 

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

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

6 of the 4 years thereafter, the Director of the Na7 tional Institutes of Health shall submit to Congress, 

8 and make publicly available, a report that provides 

9 an overview of the research conducted or supported 

10 under this subsection, together with any relevant 

11 findings. 

12 (3) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated such sums 

14 as are necessary to carry out this subsection. 

15 SEC. 206. REDUCING SINGLE-USE PLASTICS IN AGRI16 CULTURE. 

17 (a) BIODEGRADABLE WEED BARRIERS PRACTICES

18 UNDER EQIP.—The Secretary of Agriculture shall des19 ignate a project to replace the use of on-farm plastic weed 

20 barriers and weed mitigants with nonplastic, biodegrad21 able alternatives as an agricultural conservation practice 

22 or enhancement that meets the requirement described in 

23 section 21001(a)(1)(B)(iii) of Public Law 117–169 (136 

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

25 Act of 2022’’). 


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1 (b) SINGLE-USE PLASTIC FARM PRODUCT PACK2 AGING REDUCTION GRANTS.—Section 210A of the Agri3 cultural Marketing Act of 1946 (7 U.S.C. 1627c) is 

4 amended— 

5 (1) in subsection (b)— 

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

7 the end; 

8 (B) by redesignating paragraph (6) as 

9 paragraph (7); and 

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

11 following: 

12 ‘‘(6) supports the reduction of single-use plas13 tics from the post-production distribution packaging 

14 of agricultural producers; and’’; 

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

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

17 (3) in paragraph (1) of subsection (i) (as so re18 designated), in the matter preceding subparagraph 

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

20 ‘‘subsection (j)(3)(E)’’; 

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

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

23 (5) by inserting after subsection (e) the fol24 lowing: 


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1 ‘‘(f) SINGLE-USE PLASTIC FARM PRODUCT PACK2 AGING REDUCTION GRANTS.— 

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

4 through the Administrator of the Agricultural Mar5 keting Service and in coordination with the Adminis6 trator of the Rural Business-Cooperative Service, 

7 shall provide grants to eligible entities described in 

8 paragraph (2) to significantly reduce or eliminate 

9 single-use plastics from the post-production distribu10 tion packaging of the entities. 

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

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

13 is— 

14 ‘‘(A) an independent producer, as deter15 mined by the Secretary, of a value-added agri16 cultural product; or 

17 ‘‘(B) an agricultural producer group, farm18 er or rancher cooperative, or majority-controlled 

19 producer-based business venture, as determined 

20 by the Secretary. 

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

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

23 $250,000. 

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

25 under paragraph (1) shall be 3 years. 


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

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

3 ‘‘(A) beginning farmers or ranchers; 

4 ‘‘(B) veteran farmers or ranchers; 

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

6 ‘‘(D) socially disadvantaged farmers or 

7 ranchers. 

8 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to carry out 

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

11 2024 through 2032.’’. 

12 TITLE III—PLASTIC PELLET13 FREE WATERS 

14 SEC. 301. EFFLUENT LIMITATIONS FOR WASTEWATER, 

15 SPILLS, AND RUNOFF FROM PLASTIC POLY16 MER PRODUCTION FACILITIES, PLASTIC 

17 MOLDING AND FORMING FACILITIES, AND 

18 OTHER POINT SOURCES ASSOCIATED WITH 

19 THE TRANSPORT AND PACKAGING OF PLAS20 TIC PELLETS OR OTHER PREPRODUCTION 

21 PLASTIC MATERIALS. 

22 Not later than 60 days after the date of enactment 

23 of this Act, the Administrator of the Environmental Pro24 tection Agency (referred to in this section as the ‘‘Admin25 istrator’’) shall promulgate a final rule to ensure that— 


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1 (1) the discharge of plastic pellets or other 

2 preproduction plastic materials (including discharge 

3 into wastewater and other runoff) from facilities reg4 ulated under part 414 or 463 of title 40, Code of 

5 Federal Regulations (as in effect on the date of en6 actment of this Act), is prohibited; 

7 (2) the discharge of plastic pellets or other 

8 preproduction plastic materials (including discharge 

9 into wastewater and other runoff) from a point 

10 source (as defined in section 502 of the Federal 

11 Water Pollution Control Act (33 U.S.C. 1362)) that 

12 makes, uses, packages, or transports those plastic 

13 pellets and other preproduction plastic materials is 

14 prohibited; and 

15 (3) the requirements under paragraphs (1) and 

16 (2) are reflected in— 

17 (A) all wastewater, stormwater, and other 

18 permits issued by the Administrator and State19 delegated programs under section 402 of the 

20 Federal Water Pollution Control Act (33 U.S.C. 

21 1342) to facilities and other point sources (as 

22 defined in section 502 of that Act (33 U.S.C. 

23 1362)) that make, use, package, or transport 

24 plastic pellets or other preproduction plastic 

25 materials, as determined by the Administrator, 


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1 in addition to other applicable limits and stand2 ards; and 

3 (B) all standards of performance promul4 gated under section 312(p) of the Federal 

5 Water Pollution Control Act (33 U.S.C. 

6 1322(p)) that are applicable to point sources 

7 (as defined in section 502 of that Act (33 

8 U.S.C. 1362)) that make, use, package, or 

9 transport plastic pellets or other preproduction 

10 plastic materials, as determined by the Admin11 istrator. 

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