II 

117TH CONGRESS 

1ST SESSION S. 984 

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

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

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

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

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

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2021 

Mr. MERKLEY (for himself, Mr. BOOKER, Mr. DURBIN, Mr. MARKEY, Mr. 

WYDEN, Mr. BLUMENTHAL, Mr. LEAHY, Mrs. GILLIBRAND, Ms. WARREN, Mr. SANDERS, and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

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

and packaging, to improve the responsibility of producers 

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

of their consumer products and packaging, to prevent 

pollution from consumer products and packaging from 

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

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


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1 SECTION 1. SHORT TITLE. 

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

3 Plastic Pollution Act of 2021’’. 

4 SEC. 2. PRODUCER RESPONSIBILITY FOR PRODUCTS AND 

5 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—Producer Responsi10 bility for Products and Pack11 aging 

12 ‘‘SEC. 12001. DEFINITIONS. 

13 ‘‘In this subtitle: 

14 ‘‘(1) ADVISORY COMMITTEE.—The term ‘advi15 sory committee’ means an advisory committee estab16 lished by an Organization under section 12102(c). 

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; 

26 ‘‘(vi) a malt beverage; 


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1 ‘‘(vii) a carbonated soft drink; 

2 ‘‘(viii) liquor; 

3 ‘‘(ix) tea; 

4 ‘‘(x) coffee; 

5 ‘‘(xi) hard cider; 

6 ‘‘(xii) fruit juice; 

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

8 ‘‘(xiv) coconut water; 

9 ‘‘(xv) wine; 

10 ‘‘(xvi) a yogurt drink; 

11 ‘‘(xvii) a probiotic drink; 

12 ‘‘(xviii) a wine cooler; and 

13 ‘‘(xix) any other beverage determined 

14 to be appropriate by the Administrator. 

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

16 does not include— 

17 ‘‘(i) a drug regulated under the Fed18 eral Food, Drug, and Cosmetic Act (21 

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

20 ‘‘(ii) infant formula; or 

21 ‘‘(iii) a meal replacement liquid. 

22 ‘‘(3) BEVERAGE CONTAINER.— 

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

24 container’ means a prepackaged beverage con25 tainer— 


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

2 glass, plastic, metal, and multimaterial; 

3 and 

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

5 than 3 liters. 

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

7 container’ does not include a covered product of 

8 any material used to sell a prepackaged bev9 erage, such as— 

10 ‘‘(i) a carton; 

11 ‘‘(ii) a pouch; or 

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

13 drink box. 

14 ‘‘(C) INCLUSION.—Notwithstanding sub15 paragraphs (A) and (B), for purposes of the 

16 program under section 12104, the term ‘bev17 erage container’ includes a container for a bev18 erage that is not described in those subpara19 graphs, such as a carton, pouch, or drink box, 

20 the responsible party for which elects to partici21 pate in the program under that section. 

22 ‘‘(4) COMPOSTABLE.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the term ‘compostable’ means, with 


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1 respect to a covered product, that the covered 

2 product— 

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

4 standard specification for compostable 

5 products numbered D6400 or D6868— 

6 ‘‘(aa) as in effect on the date of 

7 enactment of this subtitle; or 

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

9 enactment of this subtitle, if the revi10 sion is approved by the Administrator; 

11 and 

12 ‘‘(II) is labeled to reflect that the cov13 ered product meets a standard described in 

14 subclause (I); 

15 ‘‘(ii) is certified as a compostable 

16 product by an independent party that is 

17 approved by the Administrator; or 

18 ‘‘(iii) comprises only— 

19 ‘‘(I) wood without any— 

20 ‘‘(aa) coatings; 

21 ‘‘(bb) additives; or 

22 ‘‘(cc) effective beginning on 

23 February 1, 2023, toxic sub24 stances; or 

25 ‘‘(II) natural fiber without any— 


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1 ‘‘(aa) coatings; 

2 ‘‘(bb) additives; or 

3 ‘‘(cc) effective beginning on 

4 February 1, 2023, toxic sub5 stances. 

6 ‘‘(B) EXCLUSIONS.—The term 

7 ‘compostable’ shall not apply to— 

8 ‘‘(i) paper; or 

9 ‘‘(ii) effective beginning on February 

10 1, 2023, any covered product that contains 

11 a toxic substance. 

12 ‘‘(5) COVERED PRODUCT.— 

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

14 product’ means, regardless of recyclability, 

15 compostability, and material type— 

16 ‘‘(i) packaging; 

17 ‘‘(ii) a food service product; 

18 ‘‘(iii) paper; 

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

20 subject to the prohibition under section 

21 12202(c); and 

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

23 not described in subparagraphs (A) and 

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

25 pouch, or aseptic packaging, such as a 


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1 drink box, the responsible party for which 

2 does not elect to participate in the pro3 gram under section 12104. 

4 ‘‘(B) EXCLUSION.—The term ‘covered 

5 product’ does not include a beverage container. 

6 ‘‘(6) COVERED RETAIL OR SERVICE ESTABLISH7 MENT.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the term ‘covered retail or service 

10 establishment’ means— 

11 ‘‘(i) any restaurant; or 

12 ‘‘(ii) any business that— 

13 ‘‘(I) sells food, alcohol, or any 

14 other good or product to the public at 

15 retail; or 

16 ‘‘(II) elects to comply with the 

17 requirements under, as applicable— 

18 ‘‘(aa) section 12201; or 

19 ‘‘(bb) section 12202. 

20 ‘‘(B) EXCEPTION.— 

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

22 retail or service establishment’ does not in23 clude any entity described in subparagraph 

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

25 or political subdivision thereof, in which 


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1 that entity is located has been granted a 

2 waiver pursuant to clause (ii). 

3 ‘‘(ii) WAIVER.—The Administrator 

4 shall prescribe regulations providing for 

5 the waiver of the application of section 

6 12201 or 12202 with respect to any State, 

7 or any local government or political sub8 division thereof, that has enacted require9 ments that are similar to the requirements 

10 imposed under that section. 

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

12 service product’ means an item intended to deliver a 

13 food product, regardless of the recyclability or 

14 compostability of the item, including— 

15 ‘‘(A) a utensil; 

16 ‘‘(B) a straw; 

17 ‘‘(C) a drink cup; 

18 ‘‘(D) a drink lid; 

19 ‘‘(E) a food package; 

20 ‘‘(F) a food container; 

21 ‘‘(G) a plate; 

22 ‘‘(H) a bowl; 

23 ‘‘(I) a meat tray; and 

24 ‘‘(J) a food wrap. 


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

2 means a particle that— 

3 ‘‘(A) has a fibrous shape; 

4 ‘‘(B) is less than 5 millimeters in any di5 rection; and 

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

7 full life cycle of a textile, including production, 

8 use, cleaning, recycling, and disposal. 

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

10 means a Producer Responsibility Organization estab11 lished under section 12102(a)(1). 

12 ‘‘(10) PACKAGING.— 

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

14 means— 

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

17 ‘‘(ii) any part of a package or con18 tainer, regardless of recyclability or 

19 compostability, that includes material that 

20 is used for the containment, protection, 

21 handling, delivery, and presentation of 

22 goods that are sold, offered for sale, or dis23 tributed to consumers in the United 

24 States, including through an internet 

25 transaction. 


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

2 includes packaging described in subparagraph 

3 (A) that is— 

4 ‘‘(i) intended for the consumer mar5 ket; 

6 ‘‘(ii) service packaging designed and 

7 intended to be used or filled at the point 

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

9 bags, take-out bags, and home delivery 

10 food service packaging; 

11 ‘‘(iii) secondary packaging used to 

12 group products for multiunit sale; 

13 ‘‘(iv) tertiary packaging used for 

14 transportation or distribution directly to a 

15 consumer; and 

16 ‘‘(v) ancillary elements hung or at17 tached to a product and performing a 

18 packaging function. 

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

20 does not include packaging described in sub21 paragraph (A) that is— 

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

23 or storage of a product; and 

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

25 years. 


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1 ‘‘(11) PAPER.— 

2 ‘‘(A) IN GENERAL.—The term ‘paper’ 

3 means paper that is sold, offered for sale, deliv4 ered, or distributed to a consumer or business 

5 in the United States. 

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

8 ‘‘(i) newsprint and inserts; 

9 ‘‘(ii) magazines and catalogs; 

10 ‘‘(iii) direct mail; 

11 ‘‘(iv) office paper; and 

12 ‘‘(v) telephone directories. 

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

14 not include— 

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

16 intended use of the paper product, could 

17 become unsafe or unsanitary to recycle; or 

18 ‘‘(ii) a bound book. 

19 ‘‘(12) PLAN.—The term ‘Plan’ means a Prod20 uct Stewardship Plan described in section 12105. 

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

22 Product Stewardship Program established under sec23 tion 12102(a)(2). 


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

2 means, with respect to a covered product or beverage 

3 container, that— 

4 ‘‘(A) the covered product or beverage con5 tainer can be economically and technically recy6 cled in current United States market condi7 tions; 

8 ‘‘(B) United States processing capacity is 

9 in operation to recycle, with the geographical 

10 distribution of the capacity aligned with the 

11 population of geographical regions of the 

12 United States, of the total quantity of the cov13 ered product or beverage container— 

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

15 through 2024, not less than 25 percent; 

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

17 through 2029, not less than 35 percent; 

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

19 through 2034, not less than 50 percent; 

20 and 

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

22 calendar year thereafter, not less than 60 

23 percent; 

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

25 product or beverage container is not required to 


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1 remove an attached component of the covered 

2 product or beverage container, such as a shrink 

3 sleeve, label, or filter, before the covered prod4 uct or beverage container can be recycled; and 

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

6 2023, the covered product or beverage container 

7 does not contain a toxic substance. 

8 ‘‘(15) RECYCLE.— 

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

10 means the series of activities by which a cov11 ered product is— 

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

13 and 

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

15 with minimal loss of material quality; 

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

17 product, including the original product; or 

18 ‘‘(III) in the case of composting or or19 ganic recycling, productively used for soil 

20 improvement. 

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

22 not include— 

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

24 and aggregating materials from solid waste 

25 that does not preserve the original material 


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1 quality, and, as a result, the aggregated 

2 material is no longer usable for its initial 

3 purpose or a substantially similar product 

4 and can only be used for inferior purposes 

5 or products (commonly referred to as 

6 ‘downcycling’); 

7 ‘‘(ii) the use of waste— 

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

9 ‘‘(II) for energy production; 

10 ‘‘(III) for repurposing into infra11 structure, including— 

12 ‘‘(aa) pavement for streets 

13 or sidewalks; 

14 ‘‘(bb) building materials; 

15 and 

16 ‘‘(cc) other infrastructure 

17 projects, as determined by the 

18 Administrator; 

19 ‘‘(IV) for alternate operating 

20 cover; or 

21 ‘‘(V) within the footprint of a 

22 landfill; or 

23 ‘‘(iii) the conversion of waste into al24 ternative products, such as chemicals, feed25 stocks, fuels, and energy, through— 


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1 ‘‘(I) incineration; 

2 ‘‘(II) pyrolysis; 

3 ‘‘(III) hydropyrolysis; 

4 ‘‘(IV) methanolysis; 

5 ‘‘(V) gasification; or 

6 ‘‘(VI) a similar technology, as de7 termined by the Administrator. 

8 ‘‘(16) RESPONSIBLE PARTY.— 

9 ‘‘(A) BEVERAGE CONTAINERS.— 

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

11 beverage sold in a beverage container, the 

12 term ‘responsible party’ means— 

13 ‘‘(I) a person that engages in the 

14 distribution or sale of the beverage in 

15 a beverage container to a retailer in 

16 the United States, including any man17 ufacturer that engages in that sale or 

18 distribution; 

19 ‘‘(II) if subclause (I) does not 

20 apply, a person that engages in the 

21 sale of the beverage in a beverage con22 tainer directly to a consumer in the 

23 United States; or 

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

25 do not apply, a person that imports 


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1 the beverage sold in a beverage con2 tainer into the United States for use 

3 in a commercial enterprise, sale, offer 

4 for sale, or distribution in the United 

5 States. 

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

7 subparagraph: 

8 ‘‘(I) DISTRIBUTOR.—The term 

9 ‘distributor’ means a person that en10 gages in the sale of beverages in bev11 erage containers to a retailer in the 

12 United States. 

13 ‘‘(II) MANUFACTURER.—The 

14 term ‘manufacturer’ means a person 

15 bottling, canning, or otherwise filling 

16 beverage containers for sale to dis17 tributors, importers, or retailers. 

18 ‘‘(III) RETAILER.— 

19 ‘‘(aa) IN GENERAL.—The 

20 term ‘retailer’ means a person in 

21 the United States that— 

22 ‘‘(AA) engages in the 

23 sale of beverages in beverage 

24 containers to a consumer; or 


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1 ‘‘(BB) provides bev2 erages in beverage con3 tainers to a person in com4 merce, including provision 

5 free of charge, such as at a 

6 workplace or event. 

7 ‘‘(bb) INCLUSION.—The 

8 term ‘retailer’ includes a person 

9 that engages in the sale of or 

10 provides beverages in beverage 

11 containers, as described in item 

12 (aa), through a vending machine 

13 or similar means. 

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

15 to a covered product, the term ‘responsible 

16 party’ means— 

17 ‘‘(i) a person that manufactures and 

18 uses in a commercial enterprise, sells, of19 fers for sale, or distributes the covered 

20 product in the United States under the 

21 brand of the manufacturer; 

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

23 person that is not the manufacturer of the 

24 covered product but is the owner or li25 censee of a trademark under which the 


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1 covered product is used in a commercial 

2 enterprise, sold, offered for sale, or distrib3 uted in the United States, whether or not 

4 the trademark is registered; or 

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

6 apply, a person that imports the covered 

7 product into the United States for use in 

8 a commercial enterprise, sale, offer for 

9 sale, or distribution in the United States. 

10 ‘‘(17) RESTAURANT.— 

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

12 means an establishment the primary business of 

13 which is the preparation of food or beverage— 

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

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

16 consumable immediately at the establish17 ment, whether or not the food or beverage 

18 is consumed within the confines of the 

19 place where the food or beverage is pre20 pared; or 

21 ‘‘(iii) in a consumable form for con22 sumption outside the place where the food 

23 or beverage is prepared. 

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

25 includes a fast food restaurant. 


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

2 with respect to a covered product or beverage con3 tainer, that the covered product or beverage con4 tainer is— 

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

6 in United States market conditions; and 

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

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

9 Administrator determines to be appropriate for 

10 the covered product or beverage container. 

11 ‘‘(19) SINGLE-USE PRODUCT.— 

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

13 product’ means a consumer product that is rou14 tinely disposed of, recycled, or otherwise dis15 carded after a single use. 

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

17 product’ does not include— 

18 ‘‘(i) medical food, supplements, de19 vices, or other products determined by the 

20 Secretary of Health and Human Services 

21 to necessarily be made of plastic for the 

22 protection of public health; 

23 ‘‘(ii) personal protective equipment, 

24 including— 

25 ‘‘(I) masks; 


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1 ‘‘(II) gloves; 

2 ‘‘(III) face shields; and 

3 ‘‘(IV) other personal protective 

4 equipment determined by Secretary of 

5 Health and Human Services to be 

6 necessarily made out of plastic for the 

7 protection of public health; 

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

9 due to the intended use of the product, 

10 could become unsafe or unsanitary to recy11 cle, such as a diaper; or 

12 ‘‘(iv) packaging that is— 

13 ‘‘(I) for any product described in 

14 clause (i); or 

15 ‘‘(II) used for the shipment of 

16 hazardous materials that is prohibited 

17 from being composed of used mate18 rials under section 178.509 or 

19 178.522 of title 49, Code of Federal 

20 Regulations (as in effect on the date 

21 of enactment of this subtitle). 

22 ‘‘(20) TOXIC SUBSTANCE.— 

23 ‘‘(A) IN GENERAL.—The term ‘toxic sub24 stance’ means any substance, mixture, or com25 pound that may cause personal injury or disVerDate Sep 11 2014 22:11 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984

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1 ease to humans through ingestion, inhalation, 

2 or absorption through any body surface and 

3 satisfies 1 or more of the following conditions: 

4 ‘‘(i) The substance, mixture, or com5 pound is subject to reporting requirements 

6 under— 

7 ‘‘(I) the Emergency Planning 

8 and Community Right-To-Know Act 

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

10 ‘‘(II) the Comprehensive Envi11 ronmental Response, Compensation, 

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

13 9601 et seq.); or 

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

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

16 ‘‘(ii) Testing has produced evidence 

17 recognized by the National Institute for 

18 Occupational Safety and Health or the En19 vironmental Protection Agency that the 

20 substance, mixture, or compound poses 

21 acute or chronic health hazards. 

22 ‘‘(iii) The Administrator or the Sec23 retary of Health and Human Services has 

24 issued a public health advisory for the sub25 stance, mixture, or compound. 


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1 ‘‘(iv) Exposure to the substance, mix2 ture, or compound is shown by expert tes3 timony recognized by the Environmental 

4 Protection Agency to increase the risk of 

5 developing a latent disease. 

6 ‘‘(v) The substance, mixture, or com7 pound is— 

8 ‘‘(I) a perfluoroalkyl or 

9 polyfluoroalkyl substance; 

10 ‘‘(II) an ortho-phthalate; 

11 ‘‘(III) a bisphenol compound (not 

12 including an alkyl-substituted 

13 bisphenol compound generated 

14 through a xylenol-aldehyde process); 

15 or 

16 ‘‘(IV) a halogenated or nanoscale 

17 flame retardant chemical. 

18 ‘‘(B) EXCLUSIONS.—The term ‘toxic sub19 stance’ does not include— 

20 ‘‘(i) a pesticide applied— 

21 ‘‘(I) in accordance with Federal, 

22 State, and local laws (including regu23 lations); and 


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1 ‘‘(II) in accordance with the in2 structions of the manufacturer of the 

3 pesticide; or 

4 ‘‘(ii) ammunition, a component of am5 munition, a firearm, an air rifle, discharge 

6 of a firearm or an air rifle, hunting or 

7 fishing equipment, or a component of 

8 hunting or fishing equipment. 

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

10 ‘translation services’ means professional language in11 terpretation and translation services provided in any 

12 language spoken by more than 5 percent of the pop13 ulation residing within a community for written doc14 uments and notices and oral communications. 

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

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

17 all of the States. 

18 ‘‘(23) UTENSIL.— 

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

20 means a product designed to be used by a con21 sumer to facilitate the consumption of a food or 

22 beverage. 

23 ‘‘(B) INCLUSIONS.—The term ‘utensil’ in24 cludes a knife, a fork, a spoon, a spork, a cockVerDate Sep 11 2014 22:11 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984

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1 tail pick, a chopstick, a splash stick, and a stir2 rer. 

3 ‘‘PART I—PRODUCTS IN THE MARKETPLACE 

4 ‘‘SEC. 12101. EXTENDED PRODUCER RESPONSIBILITY. 

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

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

7 party for any covered product or beverage sold in a bev8 erage container that is sold, distributed, or imported into 

9 the United States shall— 

10 ‘‘(1) participate as a member of an Organiza11 tion for which a Plan is approved by the Adminis12 trator; and 

13 ‘‘(2) through that participation, satisfy the per14 formance targets under section 12105(g). 

15 ‘‘(b) EXEMPTIONS.—A responsible party for a cov16 ered product or beverage sold in a beverage container, in17 cluding a responsible party that operates as a single point 

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

19 of, a franchise, shall not be subject to this part if the re20 sponsible party— 

21 ‘‘(1)(A) for fiscal year 2022, has an annual rev22 enue of less than $1,000,000; and 

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

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

25 applicable amount during the preceding fiscal year, 


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1 as adjusted to reflect changes for the 12-month pe2 riod ending on the preceding November 30 in the 

3 Consumer Price Index for All Urban Consumers 

4 published by the Bureau of Labor Statistics of the 

5 Department of Labor; or 

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

7 of covered products or beverage containers in com8 merce each year. 

9 ‘‘(c) ENFORCEMENT.— 

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

11 any person that is a responsible party for a covered 

12 product or beverage sold in a beverage container to 

13 sell, use, or distribute any covered product or bev14 erage sold in a beverage container in commerce ex15 cept in compliance with this part. 

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

17 paragraph (1) shall be subject to a fine for each vio18 lation and for each day that the violation occurs in 

19 an amount of not more 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 sold in a beverage con24 tainer in violation of 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. 

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

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

8 Clayton Act (15 U.S.C. 12), shall not apply to a respon9 sible party or Organization that carries out activities in 

10 accordance with an approved Plan if the conduct is nec11 essary to plan and implement the Plan. 

12 ‘‘SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS. 

13 ‘‘(a) IN GENERAL.— 

14 ‘‘(1) ESTABLISHMENT.—To satisfy the require15 ment under section 12101(a)(1), 1 or more respon16 sible parties for a category of covered product or 

17 beverage sold in a beverage container shall establish 

18 a Producer Responsibility Organization that shall 

19 act as an agent and on behalf of each responsible 

20 party to carry out the responsibilities of the respon21 sible party under this part with respect to that cat22 egory of covered product or beverage sold in a bev23 erage container. 

24 ‘‘(2) PROGRAM.—An Organization shall estab25 lish a Product Stewardship Program to carry out 


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1 the responsibilities of the Organization under this 

2 part. 

3 ‘‘(3) COORDINATION.—If more than 1 Organi4 zation is established under paragraph (1) with re5 spect to a category of covered product or beverage 

6 sold in a beverage container, the Administrator 

7 shall— 

8 ‘‘(A) coordinate and manage those Organi9 zations; or 

10 ‘‘(B) establish an entity— 

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

12 and 

13 ‘‘(ii) to conduct business between 

14 those Organizations and State and local 

15 governments. 

16 ‘‘(4) MULTIPLE ORGANIZATIONS.—A respon17 sible party— 

18 ‘‘(A) may participate in more than 1 Orga19 nization if each Organization is established for 

20 a different category of covered products or bev21 erages sold in beverage containers; and 

22 ‘‘(B) may participate in— 

23 ‘‘(i) only 1 national Organization with 

24 respect to— 


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1 ‘‘(I) each category of covered 

2 products; or 

3 ‘‘(II) beverages sold in beverage 

4 containers; or 

5 ‘‘(ii) only 1 regional Organization with 

6 respect to beverages sold in beverage con7 tainers and each category of covered prod8 ucts for each region in which the covered 

9 products or beverages sold in beverage con10 tainers produced by the responsible party 

11 are sold. 

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

13 shall be established and operated as an organization 

14 described in section 501(c)(3) of the Internal Rev15 enue Code of 1986 and exempt from taxation under 

16 501(a) of that Code. 

17 ‘‘(6) CATEGORIES.—The Administrator, in con18 sultation with Organizations, shall promulgate regu19 lations to establish categories of covered products 

20 and beverages sold in beverage containers for pur21 poses of this part. 

22 ‘‘(b) PARTICIPATION FEES.— 

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

24 an Organization shall charge each responsible party 


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1 a fee for membership in the Organization in accord2 ance with this subsection. 

3 ‘‘(2) COMPONENTS.—A fee charged to a respon4 sible party under paragraph (1) shall include— 

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

6 accordance with paragraph (3); and 

7 ‘‘(B) administrative costs in accordance 

8 with paragraph (4). 

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

10 ‘‘(A) IN GENERAL.—A fee under para11 graph (1) shall include, with respect to a re12 sponsible party, the costs of management 

13 (which shall include costs assessed by the advi14 sory committee for the Organization, in con15 sultation with municipalities, other government 

16 entities, contracted entities, and other stake17 holders, for collecting, transporting, processing, 

18 recycling, and composting) or cleaning up the 

19 covered products or beverage containers of the 

20 responsible party after consumer use through 

21 the applicable Program, including administra22 tive costs. 

23 ‘‘(B) CONSIDERATIONS.—In determining 

24 the costs of management and cleanup described 

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1 sible party, an Organization shall, at a min2 imum, take into account— 

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

4 applicable category of covered product or 

5 beverage container waste; 

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

7 the covered product or beverage container 

8 waste, including waste generated before 

9 the date of enactment of this subtitle, of 

10 the responsible party from— 

11 ‘‘(I) public places; 

12 ‘‘(II) freshwater and marine envi13 ronments, to the extent that cleanup 

14 can be accomplished without harming 

15 the existing marine life and intact 

16 ecosystems; and 

17 ‘‘(III) materials in compost facili18 ties or other facilities handling or19 ganic wastes; 

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

21 covered products or beverage containers 

22 from freshwater and marine environments 

23 cannot be accomplished without harming 

24 the existing freshwater and marine life and 


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1 intact ecosystems, the cost of other appro2 priate mitigation measures; 

3 ‘‘(iv) the higher cost of managing cov4 ered products that— 

5 ‘‘(I) bond materials together, 

6 making the covered product more dif7 ficult to recycle, such as plastic bond8 ed with paper or metal; 

9 ‘‘(II) would typically be recycla10 ble or compostable, but, as a con11 sequence of the design of the covered 

12 product, has the effect of disrupting 

13 recycling or composting processes; 

14 ‘‘(III) includes labels, inks, lin15 ers, and adhesives containing— 

16 ‘‘(aa) heavy metals; or 

17 ‘‘(bb) effective beginning on 

18 February 1, 2023, other toxic 

19 substances; or 

20 ‘‘(IV) cannot be mechanically re21 cycled; 

22 ‘‘(v) the lower cost of managing— 

23 ‘‘(I) beverage containers that 

24 have— 

25 ‘‘(aa) nondetachable caps; or 


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1 ‘‘(bb) other innovations and 

2 design characteristics to prevent 

3 littering; and 

4 ‘‘(II) contact containers and 

5 other covered products that— 

6 ‘‘(aa) are specifically de7 signed to be reusable or refillable; 

8 and 

9 ‘‘(bb) have a high reuse or 

10 refill rate; 

11 ‘‘(vi) covered products with lower en12 vironmental impacts, including— 

13 ‘‘(I) covered products that are 

14 made of— 

15 ‘‘(aa) sustainable or renew16 ably sourced materials; or 

17 ‘‘(bb) at least 90 percent by 

18 weight of any combination of— 

19 ‘‘(AA) postconsumer re20 cycled content; or 

21 ‘‘(BB) materials de22 rived from land or fresh23 water or marine environ24 ment litter; and 


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1 ‘‘(II) compostable covered prod2 ucts that— 

3 ‘‘(aa) have direct contact 

4 with food; or 

5 ‘‘(bb) help divert food waste 

6 from a landfill; and 

7 ‘‘(vii) the percentage of postconsumer 

8 recycled content verified by an independent 

9 party designated by the Administrator that 

10 exceeds the minimum requirements estab11 lished under section 12302 in the pack12 aging, if the recycled content does not dis13 rupt the potential for future recycling. 

14 ‘‘(4) ADMINISTRATIVE COSTS.— 

15 ‘‘(A) IN GENERAL.—A fee under para16 graph (1) shall include— 

17 ‘‘(i) the administrative costs to the 

18 Organization of carrying out the Program; 

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

20 administering this part with respect to the 

21 applicable Organization, including— 

22 ‘‘(I) oversight, including annual 

23 oversight; 

24 ‘‘(II) issuance of any rules; 

25 ‘‘(III) planning; 


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1 ‘‘(IV) Plan review; 

2 ‘‘(V) compliance; 

3 ‘‘(VI) outreach and education; 

4 ‘‘(VII) professional language in5 terpretation and translation services 

6 for all publicly distributed materials; 

7 ‘‘(VIII) enforcement; 

8 ‘‘(IX) sufficient staff positions to 

9 administer this part; and 

10 ‘‘(X) other activities directly re11 lated to the activities described in sub12 clauses (I) through (IX); and 

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

14 out enforcement with respect to the appli15 cable Organization. 

16 ‘‘(B) CONSIDERATION.—In determining 

17 the fee for a responsible party under subpara18 graph (A), an Organization shall consider the 

19 company size and annual revenue of the respon20 sible party. 

21 ‘‘(C) REIMBURSEMENT.—An Organization 

22 shall reimburse— 

23 ‘‘(i) the Administrator for costs de24 scribed subparagraph (A)(ii) incurred by 

25 the Administrator; and 


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

2 subparagraph (A)(iii) incurred by the 

3 State. 

4 ‘‘(D) ADMINISTRATOR REIMBURSEMENTS

5 ACCOUNT.— 

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

7 shall deposit reimbursements received from 

8 an Organization under subparagraph (C)(i) 

9 into a dedicated account established for 

10 that Organization, which shall be available 

11 to the Administrator for activities of the 

12 Administrator associated with overseeing 

13 the Plan and Program of the Organization. 

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

15 than annually, the Administrator shall— 

16 ‘‘(I) submit to Congress a report 

17 describing the amount of reimburse18 ments deposited into each account 

19 under clause (i); and 

20 ‘‘(II) make the report described 

21 in subclause (I) publicly available. 

22 ‘‘(5) APPROVAL.— 

23 ‘‘(A) IN GENERAL.—Before an Organiza24 tion may charge a fee or revise the amount of 

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


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1 ‘‘(i) the Organization shall submit to 

2 the Administrator the fee structure and 

3 the methodology for determining that fee 

4 structure; and 

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

6 notification of approval of the fee structure 

7 under subparagraph (B)(ii); or 

8 ‘‘(II) the fee structure shall be consid9 ered approved under subparagraph (C). 

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

11 after receipt of a fee structure under subpara12 graph (A)(i), the Administrator shall— 

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

14 Administrator determines that the fee 

15 structure is in accordance with this sub16 section; or 

17 ‘‘(II) deny the fee structure if the Ad18 ministrator determines that the fee struc19 ture is not in accordance with this sub20 section; and 

21 ‘‘(ii) notify the Organization of— 

22 ‘‘(I) the determination under 

23 clause (i); and 

24 ‘‘(II) in the case of a denial 

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


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1 the denial and recommendations for 

2 revisions that are likely to be ap3 proved. 

4 ‘‘(C) FAILURE TO MEET DEADLINE.—If 

5 the Administrator does not make a determina6 tion under clause (i) of subparagraph (B) by 

7 the date required under that subparagraph, the 

8 fee structure shall be considered to be approved. 

9 ‘‘(c) ADVISORY COMMITTEES.— 

10 ‘‘(1) IN GENERAL.—An Organization shall es11 tablish an advisory committee that represents a 

12 range of interested and engaged persons relevant to 

13 the category of covered products or beverages sold in 

14 beverage containers of the applicable Program, in15 cluding— 

16 ‘‘(A) collection providers; 

17 ‘‘(B) cleanup service providers; 

18 ‘‘(C) recyclers; 

19 ‘‘(D) composters; and 

20 ‘‘(E) governmental entities. 

21 ‘‘(2) COMPOSITION.— 

22 ‘‘(A) IN GENERAL.—At a minimum, an ad23 visory committee shall include individuals rep24 resenting each of— 


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

2 trade association; 

3 ‘‘(ii) States; 

4 ‘‘(iii) cities, including— 

5 ‘‘(I) small and large cities; and 

6 ‘‘(II) cities located in urban and 

7 rural counties; 

8 ‘‘(iv) counties, including— 

9 ‘‘(I) small and large counties; 

10 and 

11 ‘‘(II) urban and rural counties; 

12 ‘‘(v) public sector recycling, 

13 composting, and solid waste industries for 

14 the applicable type of product or pack15 aging; 

16 ‘‘(vi) private sector recycling, 

17 composting, and solid waste industries for 

18 the applicable type of product or pack19 aging; 

20 ‘‘(vii) recycled feedstock users for the 

21 applicable type of product or packaging; 

22 ‘‘(viii) public place litter programs; 

23 ‘‘(ix) freshwater and marine litter pro24 grams; 

25 ‘‘(x) environmental organizations; 


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1 ‘‘(xi) disability advocates; 

2 ‘‘(xii) Indian Tribes; and 

3 ‘‘(xiii) environmental and human 

4 health scientists. 

5 ‘‘(B) REQUIREMENTS.— 

6 ‘‘(i) IN GENERAL.—Each individual 

7 serving on an advisory committee may rep8 resent only 1 category described in clauses 

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

10 ‘‘(ii) DISPROPORTIONATE REPRESEN11 TATION.—An Organization shall ensure 

12 that no category described in clauses (i) 

13 through (xiii) of subparagraph (A) has dis14 proportionate representation on an advi15 sory committee. 

16 ‘‘(3) PUBLIC COMMENT.— 

17 ‘‘(A) IN GENERAL.—Each year, an Organi18 zation shall provide a process to receive com19 ments from additional stakeholders and commu20 nity members, which to the maximum extent 

21 practicable shall include diverse ethnic popu22 lations. 

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1 ment process described in subparagraph (A), an 

2 Organization— 

3 ‘‘(i) shall provide translation services; 

4 and 

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

6 the public to produce a form of identifica7 tion or register their names, provide other 

8 information, complete a questionnaire, or 

9 otherwise fulfill any condition precedent to 

10 attending a public hearing; and 

11 ‘‘(II) shall include on any attendance 

12 list, register, questionnaire, or other simi13 lar document that is used during a public 

14 hearing a clear statement that the signing, 

15 registering, or completion of the document 

16 is voluntary. 

17 ‘‘(4) EXPENSES.— 

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

19 reimburse representatives of community groups, 

20 Indian Tribes, State and local governments, 

21 and nonprofit organizations for expenses relat22 ing to participating on the advisory committee. 

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

24 of the advisory committee may be compensated 

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1 ity of those members to participate on the advi2 sory committee. 

3 ‘‘(C) LANGUAGE AND INTERPRETATION

4 SERVICES.—An Organization shall be finan5 cially responsible for providing translation serv6 ices under paragraphs (3)(B)(i) and (6)(E). 

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

8 advisory committee shall— 

9 ‘‘(A)(i) prepare a Plan for the Organiza10 tion and any revisions to that Plan; and 

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

12 or revisions to the Plan for review and approval 

13 under paragraph (6)(B); and 

14 ‘‘(B) submit to the Organization and di15 rectly to the Administrator any reports, rec16 ommendations, or objections of the advisory 

17 committee relating to the Plan, fee structure, or 

18 other activities of the Organization. 

19 ‘‘(6) DUTIES.—An Organization— 

20 ‘‘(A) shall hold an advisory committee 

21 meeting at least once per year; 

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

23 revisions to the Plan submitted by an advisory 

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


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1 the submission to the Administrator of the Plan 

2 or revisions under section 12105; 

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

4 committee engagement and input in the report 

5 under section 12107; 

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

7 approval of the advisory committee of the Orga8 nization; and 

9 ‘‘(E) shall provide translation services for 

10 any member of the advisory committee. 

11 ‘‘SEC. 12103. COVERED PRODUCT MANAGEMENT. 

12 ‘‘(a) IN GENERAL.—In carrying out a Program, a re13 sponsible party, acting through an Organization, shall— 

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

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

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

17 providing for the collection and sorting of cov18 ered products in accordance with subsection (b); 

19 or 

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

21 carrying out the responsibilities under section 

22 12104(e); and 

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

24 for the cleanup of covered products or beverage con25 tainers that become litter. 


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1 ‘‘(b) COLLECTION.— 

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

3 widespread, convenient, and equitable access to op4 portunities for the collection of covered products in 

5 accordance with this subsection. 

6 ‘‘(2) CONVENIENCE.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), collection opportunities described in 

9 paragraph (1) shall— 

10 ‘‘(i) be provided throughout each 

11 State, Tribal land, and territory in which 

12 the applicable covered product is sold, in13 cluding in rural and island communities; 

14 ‘‘(ii) be as convenient as trash collec15 tion in the applicable area; and 

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

17 the applicable covered product by curbside 

18 collection is not practicable, be, as deter19 mined by the Administrator, and in the 

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

21 or more residents, subject to the approval 

22 of the city, available for not less than 95 

23 percent of the population of the applicable 

24 area within— 


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

2 a 10-minute walk; or 

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

4 the longer of— 

5 ‘‘(aa) a 45-minute drive; and 

6 ‘‘(bb) the time to drive to 

7 the nearest rural service center. 

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

9 waive the requirement under subparagraph (A) 

10 after— 

11 ‘‘(i) consultation with the advisory 

12 committee of the applicable Organization 

13 and other appropriate stakeholders; and 

14 ‘‘(ii) approval by the unit of local gov15 ernment with jurisdiction over the applica16 ble area. 

17 ‘‘(3) METHODS.— 

18 ‘‘(A) CURBSIDE OR MULTIFAMILY COLLEC19 TION.—With respect to a geographic area de20 scribed in paragraph (2)(A), an Organization 

21 shall, at a minimum, provide the opportunity 

22 for the collection of the applicable covered prod23 uct through a curbside or multifamily recycling 

24 collection service, if— 


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

2 of the date of enactment of this subtitle, to 

3 residents in single family and multifamily 

4 residences in an applicable area; 

5 ‘‘(ii) the category of covered prod6 uct— 

7 ‘‘(I) is suitable for curbside or 

8 multifamily recycling collection; and 

9 ‘‘(II) can be effectively sorted by 

10 facilities receiving the covered product 

11 after collection; and 

12 ‘‘(iii) the provider of the service 

13 agrees— 

14 ‘‘(I) to accept the category of 

15 covered product; and 

16 ‘‘(II) to a compensation agree17 ment described in subparagraph (C). 

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

19 the method described in subparagraph (A), an 

20 Organization may comply with the requirement 

21 under paragraph (1) by— 

22 ‘‘(i) entering into an agreement 

23 with— 

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

25 program through which consumers 


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1 may drop off the covered product at a 

2 designated location (commonly known 

3 as a ‘depot drop-off program’); or 

4 ‘‘(II) a retailer that accepts the 

5 covered product from consumers 

6 (commonly known as ‘retailer take7 back’); or 

8 ‘‘(ii) such other means as the Organi9 zation determines to be appropriate, in10 cluding by establishing a collection pro11 gram or service, including a program or 

12 service that provides collection from public 

13 spaces. 

14 ‘‘(C) COMPENSATION AGREEMENTS.— 

15 ‘‘(i) IN GENERAL.—An Organization 

16 may comply with this subsection by enter17 ing into an agreement with a governmental 

18 or private entity under which the Organi19 zation compensates the entity for the col20 lection of covered products. 

21 ‘‘(ii) REQUIREMENT.—As part of a 

22 compensation agreement under clause (i), 

23 an Organization shall offer to provide re24 imbursement of not less than 100 percent 

25 of the cost to the entity of managing the 


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1 covered products, including, as applicable, 

2 administrative costs, sorting, and reproc3 essing. 

4 ‘‘(4) MANAGING COLLECTED COVERED PROD5 UCTS.—In carrying out this subsection, an Organi6 zation shall— 

7 ‘‘(A) ensure that— 

8 ‘‘(i) the collection means and systems 

9 used direct the covered product waste to— 

10 ‘‘(I) facilities that are effective in 

11 sorting and reprocessing covered prod12 uct waste prior to shipment in a form 

13 ready for remanufacture into new 

14 products; or 

15 ‘‘(II) other facilities that the Ad16 ministrator determines appropriately 

17 manage the covered product waste; 

18 ‘‘(ii) covered products are managed in 

19 an environmentally sound and socially just 

20 manner at reprocessing, disposal, or other 

21 facilities operating with human health and 

22 environmental protection standards that 

23 are broadly equivalent to the standards re24 quired in— 

25 ‘‘(I) the United States; or 


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1 ‘‘(II) other countries that are 

2 members of the Organization for Eco3 nomic Cooperation and Development; 

4 and 

5 ‘‘(iii) the Program includes measures 

6 to track, verify, and publicly report that 

7 covered products are managed responsibly 

8 and not reexported to countries in which 

9 standards described in clause (ii) are not 

10 met; and 

11 ‘‘(B) take measures— 

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

13 that retains material quality; 

14 ‘‘(ii) to meet the necessary quality 

15 standards for the relevant facilities that 

16 manufacture new products from the col17 lected, sorted, and reprocessed materials; 

18 and 

19 ‘‘(iii) to prioritize the recycling of 

20 products and packaging into uses that 

21 achieve the greatest environmental benefits 

22 from displacing the use of virgin materials. 

23 ‘‘(5) COSTS.— 

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

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1 scribed in subparagraph (B) any amount for 

2 the cost of carrying out this subsection. 

3 ‘‘(B) ENTITIES DESCRIBED.—An entity re4 ferred to in subparagraph (A) is a single family 

5 or multifamily dwelling or publicly owned land 

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

7 a recycling collection service is provided. 

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

9 ‘‘(A) requires a governmental entity to pro10 vide for the collection of covered products; or 

11 ‘‘(B) prohibits a governmental entity from 

12 providing for the collection and sorting of cov13 ered products. 

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

15 shall— 

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

17 entities that collect covered product or beverage con18 tainer litter from public places or freshwater or ma19 rine environments in the United States, including 

20 Tribal land and territories; and 

21 ‘‘(2) coordinate product design and Program in22 novations to reduce covered product or beverage con23 tainer waste. 

24 ‘‘(d) MINIMUM FUNDING REQUIREMENTS.— 


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

2 for a fiscal year, an Organization shall ensure 

3 that— 

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

5 the date on which the Organization is estab6 lished, not less than 50 percent is used for the 

7 improvement and development of new market, 

8 recycling, or composting infrastructure in the 

9 United States, which may include installing or 

10 upgrading equipment at existing sorting and re11 processing facilities— 

12 ‘‘(I) to improve sorting of covered 

13 product waste; or 

14 ‘‘(II) to mitigate the impacts of cov15 ered product waste to other commodities; 

16 and 

17 ‘‘(ii) for each year thereafter, such percent18 age as the Administrator may establish, but not 

19 less than 10 percent, is used for the purposes 

20 described in clause (i); and 

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

22 ‘‘(i) cleanup activities under sub23 section (c)(1); and 

24 ‘‘(ii) the removal of covered product 

25 or beverage container contaminants at 


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1 compost facilities and other facilities that 

2 manage organic materials. 

3 ‘‘(2) DETERMINATION OF EXPENDITURES.— 

4 For purposes of carrying out paragraph (1), Pro5 gram expenditures for a fiscal year shall be based 

6 on— 

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

8 the Program, budgeted expenditures for the fis9 cal year; and 

10 ‘‘(B) in the case of each fiscal year there11 after, Program expenditures for the previous 

12 fiscal year. 

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

14 ‘‘(a) RESPONSIBILITIES OF RESPONSIBLE PAR15 TIES.— 

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

17 beverages sold in beverage containers shall— 

18 ‘‘(A) charge to a retailer to which the bev19 erage in a beverage container is delivered a de20 posit in the amount of the applicable refund 

21 value described in subsection (c) on delivery; 

22 and 

23 ‘‘(B) on receipt of an empty beverage con24 tainer from a retailer, pay to the retailer a reVerDate Sep 11 2014 22:11 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984

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1 fund in the amount of the applicable refund 

2 value described in subsection (c). 

3 ‘‘(2) USE OF DEPOSITS FROM UNREDEEMED

4 BEVERAGE CONTAINERS.—A responsible party shall 

5 use any amounts received as deposits under para6 graph (1)(A) for which an empty beverage container 

7 is not returned to the Organization responsible for 

8 the material of the beverage container for invest9 ment in collection, recycling, and reuse infrastruc10 ture. 

11 ‘‘(b) RESPONSIBILITIES OF RETAILERS.— 

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

14 containers shall— 

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

16 beverage in a beverage container is sold a de17 posit in the amount of the applicable refund 

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

19 ‘‘(B) on receipt of an empty beverage con20 tainer from a customer, pay to the customer a 

21 refund in the amount of the applicable refund 

22 value described in subsection (c); 

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

24 a refund under subparagraph (B)— 


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

3 ‘‘(ii) regardless of whether the specific 

4 beverage container was sold by the retailer; 

5 and 

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

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

8 brand and size of beverage container and pay a 

9 refund under subparagraph (B) for the bev10 erage container, regardless of whether the re11 tailer sells that brand or size of beverage con12 tainer. 

13 ‘‘(2) EXCEPTIONS.— 

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

16 a beverage container and pay a refund under 

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

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

20 ‘‘(I) water; 

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

23 ‘‘(III) ordinary dust; or 


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

2 refund label appearing on the container 

3 cannot be identified. 

4 ‘‘(B) CONTAINER LIMITATION.— 

5 ‘‘(i) LARGE RETAILERS.—A retailer 

6 described in paragraph (1) that is equal to 

7 or greater than 5,000 square feet may 

8 refuse to accept, and pay a refund under 

9 paragraph (1)(B) for, more than 250 bev10 erage containers per person per day. 

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

12 described in paragraph (1) that is less 

13 than 5,000 square feet may refuse to ac14 cept, and pay a refund under paragraph 

15 (1)(B) for, more than 50 beverage con16 tainers per person per day. 

17 ‘‘(C) BRAND AND SIZE.—A retailer de18 scribed in paragraph (1) that is less than 5,000 

19 square feet may refuse to accept, and pay a re20 fund under paragraph (1)(B) for, a brand or 

21 size of beverage container that the retailer does 

22 not sell. 

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

24 in paragraph (1) that is a restaurant may 

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1 graph (1)(B) for, a beverage container that the 

2 restaurant did not sell. 

3 ‘‘(E) OTHER MEANS OF RETURN.—The 

4 Administrator may permit the establishment of 

5 convenience zones, under which a retailer within 

6 a convenience zone is exempt from this sub7 section if the Administrator determines that the 

8 retailer— 

9 ‘‘(i) is located within close proximity 

10 to a redemption center established under 

11 subsection (e)(2); and 

12 ‘‘(ii) shares in the cost of the oper13 ation of that redemption center with the 

14 responsible party. 

15 ‘‘(c) APPLICABLE REFUND VALUE.— 

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

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

18 not less than 10 cents. 

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

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

21 subtitle, the Administrator may— 

22 ‘‘(A) increase the minimum refund value 

23 under paragraph (1) to account for— 

24 ‘‘(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(g); or 

4 ‘‘(B) decrease the minimum refund value 

5 under paragraph (1) to account for beverage 

6 containers that— 

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

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

10 ‘‘(3) DISCRETIONARY INCREASES.—A respon11 sible party, with respect to a covered product or bev12 erage container, or a State may require a refund 

13 value that is more than the minimum refund value 

14 under paragraph (1). 

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

16 distributor of a beverage in a beverage container that is 

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

18 beverage container a standardized description of the appli19 cable refund value in such a manner that the description 

20 is clearly visible. 

21 ‘‘(e) RESPONSIBILITIES OF ORGANIZATIONS.— 

22 ‘‘(1) COLLECTION AND STORAGE.—An Organi23 zation of responsible parties for beverages sold in 

24 beverage containers shall facilitate collection and 

25 storage of beverage containers that are returned to 


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1 retailers under this section by providing storage or 

2 other means to collect the beverage containers until 

3 collection for recycling, such as reverse vending or 

4 other convenient options for consumers. 

5 ‘‘(2) REDEMPTION CENTERS.— 

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

7 responsible parties for beverages sold in bev8 erage containers shall establish and operate fa9 cilities to accept beverage containers from con10 sumers. 

11 ‘‘(B) REQUIREMENTS.—A facility estab12 lished under subparagraph (A) shall— 

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

14 public— 

15 ‘‘(I) each day other than a Fed16 eral or local holiday; and 

17 ‘‘(II) not less than 10 hours each 

18 day; 

19 ‘‘(ii) accept— 

20 ‘‘(I) any beverage container; and 

21 ‘‘(II) not less than 350 beverage 

22 containers per person per day; and 

23 ‘‘(iii) provide— 

24 ‘‘(I) hand or automated counts 

25 conducted by staff of the facility; 


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1 ‘‘(II) a drop door for consumers 

2 to drop off bags of mixed beverage 

3 containers for staff of the facility to 

4 count, for which the facility may col5 lect a convenience fee; or 

6 ‘‘(III) any other convenient 

7 means of receiving and counting bev8 erage containers, as determined by the 

9 Administrator. 

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

11 may pay an entity that collects curbside recycling 

12 the value of the applicable refund value under sub13 section (c) for beverage containers collected, based 

14 on weight or another measurement that approxi15 mates the amount of the refunds, as negotiated by 

16 the Organization and the 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 a beverage container law 

22 before the date of enactment of this subtitle; 

23 and 

24 ‘‘(B) enacts legislation after the date of en25 actment of this subtitle to update the beverage 


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1 container law described in subparagraph (A) to 

2 be consistent with the refund value amounts 

3 under, and beverage containers covered by, this 

4 part. 

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

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

7 the eligible State by a distributor, retailer, manufac8 turer, importer, or Organization shall be considered 

9 to be compliance with this section. 

10 ‘‘(3) CONFORMITY.—An eligible State is en11 couraged to negotiate with relevant Organizations on 

12 updated features of the beverage container law of 

13 the eligible State, such as sharing new revenue from 

14 increased deposits. 

15 ‘‘SEC. 12105. PRODUCT STEWARDSHIP PLANS. 

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

17 2023, each Organization shall submit to the Administrator 

18 a Product Stewardship Plan that describes how the Orga19 nization will carry out the responsibilities of the Organiza20 tion under this part. 

21 ‘‘(b) CONTENTS.—Each Plan shall contain, at a min22 imum— 

23 ‘‘(1) contact information for the Organization 

24 submitting the Plan; 


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

2 and brands covered by the applicable Program, in3 cluding organization structure for each responsible 

4 party; and 

5 ‘‘(3) a description of— 

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

7 beverage sold in a beverage container covered 

8 by the Plan; 

9 ‘‘(B) funding for the Organization, includ10 ing how fees will be structured and collected in 

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

12 ‘‘(C) performance targets under subsection 

13 (g); 

14 ‘‘(D) the means by which each type of cov15 ered product or beverage container will be col16 lected in accordance with section 12103 or 

17 12104, as applicable, to meet— 

18 ‘‘(i) the consumer convenience and ge19 ographic coverage standards for collection 

20 under this part; and 

21 ‘‘(ii) the performance targets under 

22 subsection (g); 

23 ‘‘(E) consumer education plans in accord24 ance with section 12106; 


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

2 process for answering citizen or customer ques3 tions and resolving issues; 

4 ‘‘(G) sound management practices for 

5 worker health and safety; 

6 ‘‘(H) plans for complying with design-for7 environment and labeling requirements under 

8 sections 12303 and 12304, respectively; 

9 ‘‘(I) the means by which responsible par10 ties will work with, improve, and fund existing 

11 recycling, composting, litter cleanup, and dis12 posal programs and infrastructure; 

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

14 covered products; 

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

16 innovative means to increase collection of cov17 ered products; 

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

19 is mitigating fraud in the applicable Program; 

20 ‘‘(M) the means by which responsible par21 ties will consult with the Federal Government, 

22 State and local governments, and any other im23 portant stakeholders; and 

24 ‘‘(N) plans for market development. 


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

2 after receiving a Plan under subsection (a), the Adminis3 trator shall— 

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

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

6 determination of the Administrator under paragraph 

7 (1). 

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

9 2023, not later than 60 days after receiving a notification 

10 of approval of a Plan under subsection (c)(2), the applica11 ble Organization shall begin implementation of the Plan. 

12 ‘‘(e) EXPIRATION.—A Plan— 

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

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

15 ‘‘(2) may be renewed. 

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

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

18 if— 

19 ‘‘(1) the performance targets under subsection 

20 (g) are not being met; or 

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

22 otherwise warrants a revision. 

23 ‘‘(g) PERFORMANCE TARGETS.— 

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

25 achievable performance targets for the collection and 


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1 recycling of the applicable covered product or bev2 erage container in accordance with section 12103 or 

3 12104, as applicable. 

4 ‘‘(2) MINIMUM REQUIREMENTS.—Performance 

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

6 by weight of covered product— 

7 ‘‘(A) by December 31, 2027— 

8 ‘‘(i) 65 percent of all covered prod9 ucts, except paper, recycled; 

10 ‘‘(ii) 75 percent of all beverage con11 tainers and paper covered products recy12 cled; and 

13 ‘‘(iii) 50 percent of all industrially 

14 compostable covered products composted; 

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

16 covered products for which packaging is elimi17 nated or offered in reusable packaging; 

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

19 determines to be appropriate after December 

20 31, 2030, such percentage of covered products 

21 for which packaging shall be eliminated or that 

22 shall be offered in reusable packaging as the 

23 Administrator determines to be appropriate; 

24 and 

25 ‘‘(D) by December 31, 2032— 


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1 ‘‘(i) 80 percent of all covered prod2 ucts, except paper, recycled; 

3 ‘‘(ii) 90 percent of all beverage con4 tainers and paper covered products recy5 cled; and 

6 ‘‘(iii) 70 percent of all industrially 

7 compostable covered products composted. 

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

9 party for a covered product shall not include on the 

10 covered product a label claiming that the covered 

11 product is recyclable or compostable if the covered 

12 product does not satisfy the performance targets 

13 under paragraph (2). 

14 ‘‘SEC. 12106. OUTREACH AND EDUCATION. 

15 ‘‘(a) IN GENERAL.—A Program shall include the pro16 vision of outreach and education to consumers throughout 

17 the United States regarding— 

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

19 products and beverage containers; 

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

21 and drop-off collection opportunities; 

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

23 and beverage containers; and 

24 ‘‘(4) recycling and composting instructions that 

25 are— 


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1 ‘‘(A) consistent nationwide, except as nec2 essary to take into account differences among 

3 State and local laws; 

4 ‘‘(B) easy to understand; and 

5 ‘‘(C) easily accessible, including accessi6 bility in multiple languages to reach a diverse 

7 ethnic population. 

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

9 subsection (a) shall— 

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

11 goals of covered products and beverage containers 

12 under this part, including the prevention of contami13 nation by covered products and beverage containers 

14 in other management systems or in other materials; 

15 ‘‘(2) be coordinated across programs nationally 

16 to avoid confusion for consumers; and 

17 ‘‘(3) include, at a minimum— 

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

19 and communications with the advisory com20 mittee of the applicable Organization and other 

21 stakeholders; 

22 ‘‘(B) coordinating with and assisting local 

23 municipal programs, municipal contracted pro24 grams, solid waste collection companies, and 


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1 other entities providing services to the Pro2 gram; 

3 ‘‘(C) developing and providing outreach 

4 and education to the diverse ethnic populations 

5 of the United States through translated and 

6 culturally appropriate materials, including in7 language and targeted outreach; 

8 ‘‘(D) establishing consumer websites and 

9 mobile applications that provide information 

10 about methods to prevent covered product and 

11 beverage container pollution and how consumers 

12 may access and use collection services; 

13 ‘‘(E) working with Program participants to 

14 label covered products and beverage containers 

15 with information to assist consumers in respon16 sibly managing covered product and beverage 

17 container waste; and 

18 ‘‘(F) determining the effectiveness of out19 reach, education, communications, and conven20 ience of services through periodic surveys of 

21 consumers. 

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

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

24 being met with respect to an Organization, the Organiza25 tion shall— 


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

2 of outreach and education efforts under this section 

3 to determine whether changes are necessary to im4 prove those outreach and education efforts; and 

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

6 improve outreach and education efforts under this 

7 section. 

8 ‘‘SEC. 12107. REPORTING. 

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

10 make available on a publicly available website a report that 

11 contains— 

12 ‘‘(1) with respect to covered products or bev13 erages in beverage containers sold or imported by 

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

15 minimum— 

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

17 beverage containers sold or imported and col18 lected, by submaterial type and State, for the 

19 year covered by the report and each prior year; 

20 ‘‘(B) management of the covered products 

21 or beverage containers, including recycling 

22 rates, by submaterial type, for the year covered 

23 by the report and each prior year; 

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

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1 erage containers, by submaterial type, including 

2 the form of any covered products or beverage 

3 containers exported; 

4 ‘‘(D) contamination in the recycling stream 

5 of the covered products or beverage containers; 

6 ‘‘(E) collection service vendors and collec7 tion locations, including— 

8 ‘‘(i) the geographic distribution of col9 lection; 

10 ‘‘(ii) distance to population centers; 

11 ‘‘(iii) hours; 

12 ‘‘(iv) actions taken to reduce barriers 

13 to collection by expanding curbside collec14 tion or facilitating drop-offs; and 

15 ‘‘(v) frequency of collection avail16 ability; 

17 ‘‘(F) efforts to reduce environmental im18 pacts at each stage of the lifecycle of the cov19 ered products or beverage containers; and 

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

21 have been eliminated or replaced by reusable 

22 packaging, delineated by submaterial type and 

23 State, for the year covered by the report and 

24 for each prior year for which a report was sub25 mitted; 


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

2 for the Organization; 

3 ‘‘(3) expenses of the Organization; 

4 ‘‘(4) outreach and education efforts under sec5 tion 12106, including the results of those efforts; 

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

7 ‘‘(6) performance relative to the performance 

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

9 ‘‘(7) the status of packaging innovation and de10 sign characteristics to prevent littering, make cov11 ered products or beverage containers reusable or re12 fillable, or reduce overall covered product and bev13 erage container waste; and 

14 ‘‘(8) any other information that the Adminis15 trator determines to be appropriate. 

16 ‘‘(b) CONSISTENCY.—Organizations shall make ef17 forts to coordinate reporting under subsection (a) to pro18 vide for consistency of information across a category of 

19 covered products or beverage containers. 

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

21 conduct an audit of— 

22 ‘‘(1) collection and recycling to provide an ac23 counting of the collection and recycling of covered 

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1 duced by a responsible party or an Organization; 

2 and 

3 ‘‘(2) covered products and beverage containers 

4 of brand names found in litter to provide for an ac5 counting of covered products and other litter that 

6 continues to create pollution. 

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

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

9 the Administrator shall prepare and make publicly avail10 able a report describing— 

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

12 State and local governments for the management 

13 and cleanup of covered products and beverage con14 tainers; and 

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

16 a result of any reductions of costs described in para17 graph (1). 

18 ‘‘PART II—REDUCTION OF SINGLE-USE 

19 PRODUCTS 

20 ‘‘SEC. 12201. PROHIBITION ON SINGLE-USE PLASTIC CARRY21 OUT BAGS. 

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

23 In this section: 

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

25 bag’ means a bag that is— 


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1 ‘‘(A) made of plastic; and 

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

3 establishment to a customer at the point of 

4 sale, home delivery, the check stand, cash reg5 ister, or other point of departure to a customer 

6 for use to transport, deliver, or carry away pur7 chases. 

8 ‘‘(2) EXCLUSIONS.—The term ‘single-use plas9 tic bag’ does not include— 

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

11 under section 4056 of the Internal Revenue 

12 Code of 1986; 

13 ‘‘(B) a bag that— 

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

15 plastic film; 

16 ‘‘(ii) is woven or nonwoven nylon, 

17 polypropylene, polyethylene-terephthalate, 

18 or Tyvek in a quantity less than 80 grams 

19 per square meter; 

20 ‘‘(iii) has handles that are stitched 

21 and not heat-fused; and 

22 ‘‘(iv) is machine washable; or 

23 ‘‘(C) a covered product that is— 

24 ‘‘(i) used by a consumer inside a 

25 store— 


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1 ‘‘(I) to package bulk items, such 

2 as fruit, vegetables, nuts, grains, 

3 candy, unwrapped prepared foods or 

4 bakery goods, or small hardware 

5 items; or 

6 ‘‘(II) to contain or wrap— 

7 ‘‘(aa) prepackaged or non8 prepackaged frozen foods, meat, 

9 or fish; or 

10 ‘‘(bb) flowers, potted plants, 

11 or other items the dampness of 

12 which may require the use of the 

13 nonhandled bag; 

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

15 containing multiple bags intended to con16 tain garbage or pet waste; 

17 ‘‘(iii) a newspaper bag; 

18 ‘‘(iv) a door hanger bag; or 

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

20 ‘‘(b) PROHIBITION.—A covered retail or service es21 tablishment shall not provide at the point of sale a single22 use plastic bag to a customer. 

23 ‘‘(c) ENFORCEMENT.— 

24 ‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO25 LATION.—If a covered retail or service establishment 


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1 violates subsection (b), the Administrator shall pro2 vide that covered retail or service establishment with 

3 written notification regarding the violation of the re4 quirement under that subsection. 

5 ‘‘(2) SUBSEQUENT VIOLATIONS.— 

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

7 service establishment, subsequent to receiving a 

8 written notification described in paragraph (1), 

9 violates subsection (b), the Administrator shall 

10 fine the covered retail or service establishment 

11 in accordance with subparagraph (B). 

12 ‘‘(B) AMOUNT OF PENALTY.—For each 

13 violation during a calendar year, the amount of 

14 the penalty under subparagraph (A) shall be— 

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

16 $250; 

17 ‘‘(ii) in the case of the second viola18 tion, $500; and 

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

20 or any subsequent violation, $1,000. 

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

22 any subsequent violation under this paragraph 

23 by a covered retail or service establishment, the 

24 Administrator may seize any single-use plastic 


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1 bags in the possession of the covered retail or 

2 service establishment. 

3 ‘‘(D) LIMITATION.—In the case of a cov4 ered retail or service establishment the annual 

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

6 penalty shall not be imposed under this para7 graph more than once during any 7-day period. 

8 ‘‘(3) STATE ENFORCEMENT.—The Adminis9 trator may permit a State to carry out enforcement 

10 under this subsection if the Administrator deter11 mines that the State meets such requirements as the 

12 Administrator may establish. 

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

14 section shall take effect on January 1, 2023. 

15 ‘‘SEC. 12202. REDUCTION OF OTHER SINGLE-USE PROD16 UCTS. 

17 ‘‘(a) PROHIBITION ON PLASTIC UTENSILS AND PLAS18 TIC STRAWS.— 

19 ‘‘(1) UTENSILS.—A covered retail or service es20 tablishment may not use, provide, distribute, or sell 

21 a plastic utensil. 

22 ‘‘(2) PLASTIC STRAWS.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graphs (B) and (C), a covered retail or service 

25 establishment that sells food or beverages— 


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

2 may not provide a plastic straw to a cus3 tomer; 

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

5 customer who requests a plastic straw; 

6 ‘‘(iii) shall provide accessible means of 

7 communication, across all ordering plat8 forms used by the covered retail or service 

9 establishment (such as online, mobile, and 

10 in-person), for customers to request a plas11 tic straw; and 

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

13 for customers who request plastic straws. 

14 ‘‘(B) EFFECTIVE FUNCTIONAL EQUIVA15 LENTS.—If the Administrator, in consultation 

16 with the National Council on Disability and ad17 vocates representing the disability and environ18 mental communities, determines that an effec19 tive functional equivalent to a plastic straw that 

20 can be recycled, composted, or disposed with 

21 minimal harm to the environment has been de22 veloped— 

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

24 apply; and 


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1 ‘‘(ii) a covered retail or service estab2 lishment may not provide a plastic straw to 

3 a customer. 

4 ‘‘(C) EXCLUSION.—Subparagraph (A) 

5 shall not apply to the sale of plastic straws in 

6 bulk for home or personal use. 

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

8 retail or service establishment may provide, dis9 tribute, or sell a reusable, compostable, or recyclable 

10 alternative to a plastic utensil or plastic straw 

11 only— 

12 ‘‘(A) on request of a customer; 

13 ‘‘(B) in the case of a compostable or recy14 clable alternative, if composting or recycling, as 

15 applicable, for the item is provided and locally 

16 accessible; and 

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

18 2023, if the alternative does not contain a toxic 

19 substance. 

20 ‘‘(b) PROHIBITION ON OTHER SINGLE-USE PROD21 UCTS.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graphs (3) and (4), a covered retail or service estab24 lishment may not sell or distribute any single-use 

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1 cyclable or compostable and can be replaced by a re2 usable or refillable item. 

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

4 paragraph (1), the Administrator shall include— 

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

6 service products, disposable consumer coolers, 

7 or shipping packaging; 

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

9 such as miniature bottles containing shampoo, 

10 soap, and lotion that are provided at hotels or 

11 motels; 

12 ‘‘(C) noncompostable produce stickers; and 

13 ‘‘(D) such other products that the Admin14 istrator determines by regulation to be appro15 priate. 

16 ‘‘(3) EXCEPTION.—The prohibition under para17 graph (1) shall not apply to the sale or distribution 

18 of an expanded polystyrene cooler for any medical 

19 use determined to be necessary by the Secretary of 

20 Health and Human Services. 

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

22 may grant a temporary waiver of not more than 1 

23 year from the prohibition under paragraph (1) for 

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1 aging to protect a product of high value if a viable 

2 alternative to expanded polystyrene is not available. 

3 ‘‘(c) ENFORCEMENT.— 

4 ‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO5 LATION.—If a covered retail or service establishment 

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

7 shall provide that covered retail or service establish8 ment with written notification regarding the viola9 tion of the requirement under that subsection. 

10 ‘‘(2) SUBSEQUENT VIOLATIONS.— 

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

12 or service establishment, subsequent to receiv13 ing a written notification described in para14 graph (1), violates subsection (a) or (b), the 

15 Administrator shall fine the covered retail or 

16 service establishment in accordance with sub17 paragraph (B). 

18 ‘‘(B) AMOUNT OF PENALTY.—For each 

19 violation during a calendar year, the amount of 

20 the penalty under subparagraph (A) shall be— 

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

22 $250; 

23 ‘‘(ii) in the case of the second viola24 tion, $500; and 


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

2 or any subsequent violation, $1,000. 

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

4 any subsequent violation under this paragraph 

5 by a covered retail or service establishment, the 

6 Administrator may seize any plastic products 

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

8 in the possession of the covered retail or service 

9 establishment. 

10 ‘‘(D) LIMITATION.—In the case of a cov11 ered retail or service establishment the annual 

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

13 penalty shall not be imposed under this para14 graph more than once during any 7-day period. 

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

17 under this subsection if the Administrator deter18 mines that the State meets such requirements as the 

19 Administrator may establish. 

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

21 section shall take effect on January 1, 2023. 

22 ‘‘SEC. 12203. STUDY AND ACTION ON PLASTIC TOBACCO FIL23 TERS AND ELECTRONIC CIGARETTES. 

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

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1 junction with the Commissioner of Food and Drugs and 

2 the Director of the National Institutes of Health, shall 

3 conduct a study on— 

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

5 tobacco filters made from plastic; and 

6 ‘‘(2) the environmental impacts of electronic 

7 cigarettes, including disposable components of elec8 tronic cigarettes. 

9 ‘‘(b) REPORT TO CONGRESS.— 

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

11 after the date on which the study under subsection 

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

13 with the Commissioner of Food and Drugs, shall 

14 submit to the committees described in paragraph (2) 

15 a report describing recommendations to establish a 

16 program to reduce litter from, and the environ17 mental impacts of, single-use tobacco filter products 

18 and electronic cigarettes. 

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

20 to in paragraph (1) are— 

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

22 Labor, and Pensions of the Senate; 

23 ‘‘(B) the Committee on Environment and 

24 Public Works of the Senate; 


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1 ‘‘(C) the Committee on Commerce, 

2 Science, and Transportation of the Senate; and 

3 ‘‘(D) the Committee on Energy and Com4 merce of the House of Representatives. 

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

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

7 with the Commissioner of Food and Drugs, shall publish 

8 in the Federal Register for public comment— 

9 ‘‘(1) the report; and 

10 ‘‘(2) a description of the actions the Adminis11 trator and the Commissioner of Food and Drugs in12 tend to take during the 1-year period after the date 

13 of publication to reduce litter from, and the environ14 mental impacts of, single-use tobacco filter products 

15 and electronic cigarettes, including recommendations 

16 for incorporating plastic tobacco filters and elec17 tronic cigarette components into an extended pro18 ducer responsibility program. 

19 ‘‘PART III—RECYCLING AND COMPOSTING 

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

21 ‘‘The Administrator, in consultation with Organiza22 tions, State and local governments, and affected stake23 holders, shall issue guidance to standardize recycling and 

24 composting collection across communities and States. 


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

2 PRODUCTS CONTAINING RECYCLED CON3 TENT. 

4 ‘‘(a) PLASTIC BEVERAGE CONTAINERS.— 

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

6 the Administrator shall require each responsible 

7 party for plastic beverage containers to make the 

8 plastic beverage containers— 

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

10 recycled content from United States sources; 

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

12 recycled content from United States sources; 

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

14 recycled content from United States sources; 

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

16 recycled content from United States sources; 

17 and 

18 ‘‘(E) by such dates thereafter as the Ad19 ministrator shall establish, such percentages of 

20 post-consumer recycled content from United 

21 States sources as the Administrator determines 

22 by a rule to be appropriate. 

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

24 results of the study under subsection (b)(1), the Ad25 ministrator may issue regulations to modify 1 or 


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1 more of the percentages described in subparagraphs 

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

3 ‘‘(3) NONTOXIC REQUIREMENT.—The Adminis4 trator shall require each responsible party for plastic 

5 beverage containers to ensure that, effective begin6 ning on February 1, 2023, the plastic beverage con7 tainers do not contain any toxic substances. 

8 ‘‘(b) OTHER COVERED PRODUCTS AND BEVERAGE

9 CONTAINERS.— 

10 ‘‘(1) STUDY.—The Administrator, in coordina11 tion with the Director of the National Institute of 

12 Standards and Technology, the Commissioner of 

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

14 Federal agency, shall carry out a study to determine 

15 the technical and safe minimum post-consumer recy16 cled content requirements for covered products and 

17 beverage containers, including beverage containers 

18 composed of glass, aluminum, and other materials. 

19 ‘‘(2) REPORT.— 

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

21 after the date of enactment of this subtitle, the 

22 Administrator shall submit to Congress a report 

23 describing the results of the study under para24 graph (1), including— 


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

2 projected consumption of covered products 

3 and use of beverage containers in the 

4 United States; 

5 ‘‘(ii) an estimate of current and pro6 jected future recycling rates of covered 

7 products and beverage containers in the 

8 United States; 

9 ‘‘(iii) an assessment of techniques and 

10 recommendations to minimize the creation 

11 of new materials for covered products and 

12 beverage containers; and 

13 ‘‘(iv) an assessment of— 

14 ‘‘(I) post-consumer recycled con15 tent standards for covered products 

16 and beverage containers that are tech17 nologically feasible; and 

18 ‘‘(II) the impact of the standards 

19 described in subclause (I) on recycling 

20 rates of covered products and bev21 erage containers. 

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

23 report under subparagraph (A) to Congress, the 

24 Administrator shall publish in the Federal Reg25 ister for public comment— 


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1 ‘‘(i) the report; and 

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

3 Administrator intends to take during the 

4 1-year period after the date of publication 

5 in the Federal Register to establish min6 imum post-consumer recycled content 

7 standards for covered products and bev8 erage containers. 

9 ‘‘(3) MINIMUM STANDARDS.— 

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

11 after the Administrator publishes the report 

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

13 shall establish minimum post-consumer recycled 

14 content standards for covered products and bev15 erage containers. 

16 ‘‘(B) REQUIREMENT.—The standards es17 tablished under subparagraph (A) shall increase 

18 the percentage by which covered products and 

19 beverage containers shall be composed of post20 consumer recycled content over a time period 

21 established by the Administrator. 

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

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

24 each responsible party for covered products and beverage 

25 containers to design the covered products and beverage 


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1 containers to minimize the environmental and health im2 pacts of the covered products and beverage containers. 

3 ‘‘(b) REQUIREMENTS.—In designing covered prod4 ucts and beverage containers in accordance with sub5 section (a), to minimize the impacts of extraction, manu6 facture, use, and end-of-life management, a responsible 

7 party shall consider— 

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

9 material used; 

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

11 eliminating toxic substances; 

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

13 mixed-material packaging; 

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

15 ‘‘(5) designing for reuse, refill, and lifespan ex16 tension; 

17 ‘‘(6) incorporating recycled materials; 

18 ‘‘(7) designing to reduce environmental impacts 

19 across the lifecycle of a product; 

20 ‘‘(8) incorporating sustainably and renewably 

21 sourced material; 

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

23 quantity of packaging necessary to effectively deliver 

24 a product without damage or spoilage; 


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

2 environments; and 

3 ‘‘(11) improving recyclability and composta4 bility. 

5 ‘‘(c) ENFORCEMENT.— 

6 ‘‘(1) IN GENERAL.—If the Administrator deter7 mines that a responsible party for covered products 

8 or beverage containers has not designed covered 

9 products or beverage containers in accordance with 

10 subsection (b), the Administrator— 

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

12 provide that responsible party with written noti13 fication regarding the violation of the require14 ment under that subsection; and 

15 ‘‘(B) in the case of any subsequent viola16 tion, may impose on the responsible party a fine 

17 in an amount of not more than $70,117, as de18 termined by the Administrator, for each viola19 tion. 

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

21 transfer the amounts of fees collected under para22 graph (1) to the Reduction, Recycling, and Litter 

23 Cleanup Trust Fund established by section 9512 of 

24 the Internal Revenue Code of 1986. 


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1 ‘‘SEC. 12304. PRODUCT LABELING. 

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

3 labels on covered products and beverage containers that— 

4 ‘‘(1) are easy to read; and 

5 ‘‘(2) indicate that the covered product or bev6 erage container is— 

7 ‘‘(A) recyclable; 

8 ‘‘(B) not recyclable; 

9 ‘‘(C) compostable; or 

10 ‘‘(D) reusable; 

11 ‘‘(3) in the case of a covered product or bev12 erage container that is not recyclable, does not in13 clude the universal chasing arrows recycling symbol 

14 or any other similar symbol that would lead a con15 sumer to believe that the item should be sorted for 

16 recycling; 

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

18 compostable, is not tinted green or brown; 

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

20 green or brown and includes information identifying 

21 the entity designated by the Administrator that has 

22 certified that the product is compostable; 

23 ‘‘(6) in the case of a covered product or bev24 erage container that is compostable, includes a green 

25 or brown stripe or similar marking to identify that 

26 the item is compostable; and 


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

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

3 the requirements under the regulations issued under 

4 subsection (b) of that section. 

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

6 years after the date of enactment of this subtitle, the Ad7 ministrator shall establish or approve a standardized label 

8 for each category of covered product and beverage con9 tainer to be used by responsible parties under subsection 

10 (a). 

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

12 (a), including a shrink sleeve— 

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

14 method of discard for the covered product or bev15 erage container; and 

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

17 ‘‘(d) COMPATIBILITY.—The Administrator shall en18 courage label manufacturers, in coordination with the sup19 ply chains of those manufacturers, including substrate 

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

21 recycling industry to address label recycling compatibility 

22 challenges. 

23 ‘‘(e) ENFORCEMENT.— 

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

25 any person that is a responsible party for a covered 


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1 product or beverage sold in a beverage container to 

2 sell, use, or distribute any covered product or bev3 erage sold in a beverage container in commerce ex4 cept in compliance with this section. 

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

6 paragraph (1) shall be subject to a fine for each vio7 lation and for each day that the violation occurs in 

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

9 by the Administrator. 

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

11 may bring a civil action to enjoin the sale, distribu12 tion, or importation into the United States of a cov13 ered product or beverage sold in a beverage con14 tainer in violation of this section. 

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

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

19 the Administrator may establish. 

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

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

22 ‘‘(1) COMBINED PRODUCT.—The term ‘com23 bined product’ means 2 or more products sold in 

24 shared retail packaging, of which— 


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

2 wipe product; and 

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

4 consumer product intended to be used in com5 bination with that covered wipe product. 

6 ‘‘(2) COVERED ENTITY.—The term ‘covered en7 tity’ means a manufacturer, wholesaler, supplier, or 

8 retailer that is responsible for the labeling or pack9 aging of a covered wipe product that is sold, pro10 duced, or offered for sale in the United States. 

11 ‘‘(3) COVERED WIPE PRODUCT.— 

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

13 wipe product’ means a premoistened, nonwoven 

14 disposable wipe sold or offered for sale— 

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

16 or diapering wipe; or 

17 ‘‘(ii) that— 

18 ‘‘(I) is composed entirely, or in 

19 part, of petrochemical-derived fibers; 

20 and 

21 ‘‘(II) has significant potential to 

22 be flushed. 

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

24 wipe product’ includes— 


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1 ‘‘(i) antibacterial wipes and dis2 infecting wipes; 

3 ‘‘(ii) wipes intended for general pur4 pose cleaning or bathroom cleaning, includ5 ing toilet cleaning and hard surface clean6 ing; and 

7 ‘‘(iii) wipes intended for personal care 

8 use on the body, including hand sanitizing, 

9 makeup removal, feminine hygiene, adult 

10 hygiene (including incontinence hygiene), 

11 and body cleansing. 

12 ‘‘(4) HIGH CONTRAST.— 

13 ‘‘(A) IN GENERAL.—The term ‘high con14 trast’ means, with respect to a symbol or label 

15 notice, that the symbol or label notice— 

16 ‘‘(i) is light on a solid dark back17 ground or dark on a solid light back18 ground; and 

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

20 least 70 percent between that symbol or 

21 label notice and the background, using the 

22 formula described in subparagraph (B). 

23 ‘‘(B) CONTRAST PERCENTAGE.—The con24 trast percentage referred to in subparagraph 

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


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1 ‘‘(i) the quotient obtained by divid2 ing— 

3 ‘‘(I) the difference between— 

4 ‘‘(aa) the light reflectance 

5 value of a lighter area; and 

6 ‘‘(bb) the light reflectance 

7 value of a darker area; by 

8 ‘‘(II) the light reflectance value 

9 of the lighter area described in sub10 clause (I)(aa); and 

11 ‘‘(ii) 100. 

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

13 means the written phrase ‘Do Not Flush’. 

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

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

16 package— 

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

18 presented, or shown under customary conditions 

19 of display for retail sale; and 

20 ‘‘(B)(i) in the case of a cylindrical or near21 cylindrical package, the surface area of which 

22 constitutes at least 40 percent of the product 

23 package, as measured by multiplying the height 

24 by the circumference of the package; or 


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

2 in which a rectangular prism or near-rectan3 gular prism stack of wipes is housed within the 

4 film, the surface area of which is measured by 

5 multiplying the length by the width of the side 

6 of the package when the flexible packaging film 

7 is pressed flat against the stack of wipes on all 

8 sides of the stack. 

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

10 ‘‘(A) the ‘Do Not Flush’ symbol, as de11 picted in the Guidelines for Assessing the 

12 Flushability of Disposable Nonwoven Products 

13 (Edition 4; May 2018) published by the Asso14 ciation of the Nonwoven Fabrics Industry and 

15 the European Disposables And Nonwovens As16 sociation; or 

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

18 symbol described in subparagraph (A) depicting 

19 an individual of another gender. 

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

21 the date of enactment of this subtitle, the Administrator 

22 shall issue regulations requiring covered entities to label 

23 covered wipe products clearly and conspicuously in accord24 ance with this section. 

25 ‘‘(c) REQUIREMENTS.— 


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1 ‘‘(1) CYLINDRICAL PACKAGING.—In issuing reg2 ulations under subsection (b), the Administrator 

3 shall require a covered wipe product sold in cylin4 drical or near-cylindrical packaging, and intended to 

5 dispense individual wipes, to have— 

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

7 principal display panel in a location reasonably 

8 visible to the user each time a wipe is dis9 pensed; or 

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

11 panel and the label notice, or a combination of 

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

13 manner that covers at least 8 percent of the 

14 surface area of the flip lid. 

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

16 regulations under subsection (b), the Administrator 

17 shall require a covered wipe product sold in flexible 

18 film packaging, and intended to dispense individual 

19 wipes, to have— 

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

21 panel and, if the principal display panel is not 

22 on the dispensing side of the packaging, on the 

23 dispensing side panel; and 

24 ‘‘(B) the label notice on the principal dis25 play panel or the dispensing side panel, in a 


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1 prominent location reasonably visible to the 

2 user each time a wipe is dispensed. 

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

4 under subsection (b), the Administrator shall require 

5 a covered wipe product sold in a refillable tub or 

6 other rigid packaging that may be reused by a cus7 tomer, and intended to dispense individual wipes, to 

8 have the symbol and label notice on the principal 

9 display panel in a prominent location reasonably 

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

11 ‘‘(4) PACKAGING NOT INTENDED TO DISPENSE

12 INDIVIDUAL WIPES.—In issuing regulations under 

13 subsection (b), the Administrator shall require a cov14 ered wipe product sold in packaging that is not in15 tended to dispense individual wipes to have the sym16 bol and label notice on the principal display panel in 

17 a prominent location reasonably visible to the user 

18 of the covered wipe product. 

19 ‘‘(5) BULK PACKAGING.— 

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

21 under subsection (b), the Administrator shall 

22 require a covered wipe product sold in bulk at 

23 retail to have labeling in compliance with those 

24 regulations on both the outer packaging visible 


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1 at retail and the individual packaging contained 

2 within the outer packaging. 

3 ‘‘(B) EXEMPTION.—The Administrator 

4 shall exempt from the requirements under sub5 paragraph (A) the following: 

6 ‘‘(i) Individually packaged covered 

7 wipe products that— 

8 ‘‘(I) are contained within outer 

9 packaging; 

10 ‘‘(II) are not intended to dis11 pense individual wipes; and 

12 ‘‘(III) have no retail labeling. 

13 ‘‘(ii) Outer packaging that does not 

14 obscure the symbol and label notice on in15 dividually packaged covered wipe products 

16 contained within. 

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

18 ‘‘(A) OUTER PACKAGING.—In issuing regu19 lations under subsection (b), the Administrator 

20 shall exempt the outer packaging of a combined 

21 product from the requirements of those regula22 tions. 

23 ‘‘(B) PACKAGES LESS THAN 3 BY 3

24 INCHES.—In issuing regulations under sub25 section (b), the Administrator shall provide 


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1 that, with respect to a covered wipe product in 

2 packaging smaller than 3 inches by 3 inches 

3 (such as an individually packaged wipe in tear4 top packaging) and sold as part of a combined 

5 product, if a symbol and label notice are placed 

6 in a prominent location reasonably visible to the 

7 user of the covered wipe product, that covered 

8 wipe product shall be considered to be labeled 

9 clearly and conspicuously in accordance with 

10 those regulations. 

11 ‘‘(d) REASONABLE VISIBILITY OF SYMBOL AND

12 LABEL NOTICE.— 

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

14 and label notice under this section, the Adminis15 trator shall require that— 

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

17 packaging design elements do not obscure the 

18 symbol or label notice; 

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

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

21 area of the principal display panel; and 

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

23 the symbol and label notice have high contrast 

24 with the immediate background of the pack25 aging such that the symbol and label notice 


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1 may be seen and read by an ordinary individual 

2 under customary conditions of purchase and 

3 use. 

4 ‘‘(2) PROXIMITY OF SYMBOL AND LABEL NO5 TICE.—In requiring the symbol and label notice 

6 under this section, the Administrator may allow a 

7 symbol and label notice on a principal display panel 

8 to be placed adjacently or on separate areas of the 

9 principal display panel. 

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

11 apply to an embossed symbol or label notice on the 

12 flip lid of a covered wipe product sold in cylindrical 

13 or near-cylindrical packaging. 

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

15 regulations under subsection (b), the Administrator shall 

16 allow additional words or phrases on a covered wipe prod17 uct that describe consequences associated with flushing or 

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

19 phrases are consistent with the purposes of this section. 

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

21 issuing regulations under subsection (b), the Adminis22 trator shall prohibit, with respect to a covered wipe prod23 uct, the representation or marketing of flushable at24 tributes, performance, or efficacy benefits. 

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


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1 ‘‘(1) FIFRA REQUIREMENTS.—In issuing regu2 lations under subsection (b), the Administrator shall 

3 include, with respect to a covered wipe product that 

4 contains a pesticide required to be registered under 

5 the Federal Insecticide, Fungicide, and Rodenticide 

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

7 ‘‘(A) Instructions describing how such a 

8 covered wipe product may comply with the re9 quirements of that Act and the regulations 

10 issued under subsection (b). 

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

12 days after the date on which regulations are 

13 issued under subsection (b), a covered entity 

14 shall submit for approval by the Administrator 

15 a product label compliant with the instructions 

16 under subparagraph (A). 

17 ‘‘(2) TYPE SIZE.— 

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

19 under subsection (b), the Administrator shall 

20 require, in the case of a covered wipe product 

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

22 requirements under the Federal Insecticide, 

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

24 et seq.) with respect to a pesticide in that cov25 ered wipe product) is required to display a 


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1 warning, if the requirements of those regula2 tions would result in a type size for a label no3 tice on the principal display panel of that cov4 ered wipe product larger than that warning, 

5 that the type size for the label notice shall be 

6 equal to or greater than the type size required 

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

8 under that Act. 

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

10 subsection (b), the Administrator shall ensure 

11 that if a covered wipe product is subject to a 

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

13 the Federal Hazardous Substances Act (15 

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

15 those regulations would result in a type size for 

16 a label notice larger than first aid instructions 

17 required under that section, the type size for 

18 the label notice shall be equal to or greater than 

19 the type size required for those first aid instruc20 tions. 

21 ‘‘(h) APPLICABILITY.—The Administrator shall pro22 vide that the regulations issued under subsection (b) shall 

23 apply with respect to covered wipe products manufactured 

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

25 those regulations are issued. 


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

2 for purposes of enforcing this section in accordance with 

3 the following: 

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

5 day that a violation of this section occurs. 

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

7 imposed for a single violation of this section exceed 

8 $100,000. 

9 ‘‘SEC. 12306. RECYCLING AND COMPOSTING RECEPTACLE 

10 LABELING. 

11 ‘‘(a) PURPOSE.—The purpose of this section is to es12 tablish guidelines for a national standardized labeling sys13 tem for the development of labels for recycling and 

14 composting receptacles that use a methodology that is con15 sistent throughout the United States to assist members 

16 of the public in properly recycling and composting. 

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

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

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

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

21 space, as determined by the Administrator. 

22 ‘‘(2) RECYCLING OR COMPOSTING RECEP23 TACLE.—The term ‘recycling or composting recep24 tacle’ means a recycling or composing bin, cart, or 

25 dumpster. 


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1 ‘‘(3) RESIDENTIAL RECYCLING AND

2 COMPOSTING PROGRAM.—The term ‘residential recy3 cling and composting program’ means a recycling 

4 and composting program that services single family 

5 dwellings, multifamily dwellings or facilities, or both. 

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

7 date of enactment of this subtitle, the Administrator shall 

8 develop and publish guidelines for a national standardized 

9 labeling system for an Organization to use to develop la10 bels that— 

11 ‘‘(1) use a national standardized methodology 

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

13 to address diverse ethnic populations; 

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

15 composting receptacles in public spaces and the serv16 ice area of the Organization in accordance with 

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

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

19 and composting receptacles— 

20 ‘‘(A) the specific recyclables and 

21 compostables that the Organization accepts; 

22 and 

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

24 Organization. 

25 ‘‘(d) DEVELOPMENT OF LABELS.— 


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

2 United States shall, in accordance with the guide3 lines published under subsection (c), use the national 

4 standardized labeling system to develop labels for 

5 use on recycling and composting receptacles in pub6 lic spaces and the service area of the Organization 

7 to communicate to users of those recycling and 

8 composting receptacles— 

9 ‘‘(A) the specific recyclables and 

10 compostables that the Organization accepts; 

11 and 

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

13 Organization. 

14 ‘‘(2) SIMPLE AND DETAILED VERSIONS.—In de15 veloping labels under paragraph (1), an Organiza16 tion shall develop— 

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

18 on recycling and composting receptacles used in 

19 public spaces, which shall list the basic 

20 recyclables and compostables that the Organiza21 tion accepts; and 

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

23 on recycling and composting receptacles used as 

24 part of a residential recycling and composting 

25 program, taking into consideration the comVerDate Sep 11 2014 22:11 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984

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1 plexity of the packaging and products disposed 

2 of by single family dwellings and multifamily 

3 dwellings and facilities. 

4 ‘‘(e) DISTRIBUTION OF LABELS.— 

5 ‘‘(1) SIMPLE VERSION.— 

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

7 distribute the simple version of the label devel8 oped by that Organization under subsection 

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

10 that owns or operates a public space in the 

11 service area of the Organization. 

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

13 distributed to an owner or operator of a public 

14 space under subparagraph (A) shall be reason15 ably sufficient to ensure that a label may be 

16 placed on each recycling and composting recep17 tacle in that public space. 

18 ‘‘(C) ADDITIONAL LABELS.—If the quan19 tity of labels distributed under subparagraph 

20 (B) is insufficient, an Organization shall make 

21 available to owners and operators described in 

22 subparagraph (A) additional labels to purchase 

23 or download. 

24 ‘‘(D) REQUIREMENT OF OWNERS AND OP25 ERATORS.—An owner or operator of a public 


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1 space that receives labels under subparagraph 

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

3 composting receptacles in that public space. 

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

5 municipality, as applicable, that services a residen6 tial recycling and composting program in the area 

7 served by an Organization shall display a detailed 

8 standardized label developed by that Organization 

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

10 composting receptacle used by the residential recy11 cling and composting program. 

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

13 WASTE. 

14 ‘‘No person may export from the United States plas15 tic waste, plastic parings, or scraps of plastic— 

16 ‘‘(1) to a country that is not a member of the 

17 Organization for Economic Cooperation and Devel18 opment; 

19 ‘‘(2) without the prior informed consent of the 

20 relevant authorities in a receiving country that is a 

21 member of the Organization for Economic Coopera22 tion and Development, if those exports— 

23 ‘‘(A) are not of a single, nonhalogenated 

24 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 are contaminated with— 

13 ‘‘(A) hazardous chemicals; 

14 ‘‘(B) effective beginning on February 1, 

15 2023, toxic substances; or 

16 ‘‘(C) other substances, to the extent that 

17 the export becomes hazardous waste. 

18 ‘‘PART IV—LOCAL GOVERNMENT EFFORTS 

19 ‘‘SEC. 12401. PROTECTION OF LOCAL GOVERNMENTS. 

20 ‘‘Nothing in this subtitle or section 4056 of the Inter21 nal Revenue Code of 1986 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 

2 recyclables in a greater quantity than required under 

3 section 12105(g); 

4 ‘‘(2) prohibits the sale or distribution of prod5 ucts that are not prohibited under part II; 

6 ‘‘(3) requires products to be made of a greater 

7 percentage of post-consumer recycled content than 

8 required under section 12302; 

9 ‘‘(4) imposes a fee or other charge for products 

10 not subject to taxation under section 4056 of the In11 ternal Revenue Code of 1986; or 

12 ‘‘(5) in any way exceeds the requirements of 

13 this subtitle. 

14 ‘‘SEC. 12402. CLEAN COMMUNITIES PROGRAM. 

15 ‘‘The Administrator shall establish a program, to be 

16 known as the ‘Clean Communities Program’, under which 

17 the Administrator shall leverage smart technology and so18 cial media to provide technical assistance to units of local 

19 government of States in cost-effectively— 

20 ‘‘(1) identifying concentrated areas of pollution 

21 in that unit of local government; and 

22 ‘‘(2) implementing source reduction solutions. 


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1 ‘‘PART V—REDUCTION OF OTHER SOURCES OF 

2 PLASTIC POLLUTION 

3 ‘‘SEC. 12501. STUDY AND ACTION ON DERELICT FISHING 

4 GEAR. 

5 ‘‘(a) REPORT.—Not later than 2 years after the date 

6 of enactment of this subtitle, the Under Secretary of Com7 merce for Oceans and Atmosphere (referred to in this sec8 tion as the ‘Under Secretary’) shall submit to the Com9 mittee on Commerce, Science, and Transportation and the 

10 Committee on Environment and Public Works of the Sen11 ate and the Committee on Natural Resources of the House 

12 of Representatives a report that includes— 

13 ‘‘(1) an analysis of the scale of fishing gear 

14 losses by United States and foreign fisheries, includ15 ing— 

16 ‘‘(A) the variance in the quantity of gear 

17 lost among— 

18 ‘‘(i) domestic and foreign fisheries; 

19 ‘‘(ii) types of fishing gear; and 

20 ‘‘(iii) methods of fishing; 

21 ‘‘(B) the means by which lost fishing gear 

22 is transported by ocean currents; and 

23 ‘‘(C) common reasons that fishing gear is 

24 lost; 


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1 ‘‘(2) an evaluation of the ecological, human 

2 health, and maritime safety impacts of derelict fish3 ing gear, and how those impacts vary across— 

4 ‘‘(A) types of fishing gear; 

5 ‘‘(B) materials used to construct fishing 

6 gear; and 

7 ‘‘(C) geographic location; 

8 ‘‘(3) recommendations on management meas9 ures— 

10 ‘‘(A) to prevent fishing gear losses; and 

11 ‘‘(B) to reduce the impacts of lost fishing 

12 gear; 

13 ‘‘(4) an assessment of the cost of implementing 

14 management measures described in paragraph (3); 

15 and 

16 ‘‘(5) an assessment of the impact of fishing 

17 gear loss attributable to foreign countries. 

18 ‘‘(b) PUBLICATION.—On submission of the report 

19 under subsection (a), the Under Secretary shall publish 

20 in the Federal Register for public comment— 

21 ‘‘(1) the report; and 

22 ‘‘(2) a description of the actions the Under Sec23 retary intends to take during the 1-year period after 

24 the date of publication to reduce litter from, and the 

25 environmental impacts of, commercial fishing gear. 


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1 ‘‘SEC. 12502. MANDATORY FILTRATION STANDARD FOR 

2 CLOTHES WASHERS. 

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

4 ‘‘(1) BUILT-IN FILTRATION UNIT.—The term 

5 ‘built-in filtration unit’ means a required filtration 

6 unit that is built into a newly manufactured clothes 

7 washer. 

8 ‘‘(2) COMMERCIAL CLOTHES WASHING BUSI9 NESS.—The term ‘commercial clothes washing busi10 ness’ means a business establishment containing 1 

11 or more clothes washers, including self-service 

12 clothes cleaning establishments. 

13 ‘‘(3) LOW-INCOME INDIVIDUAL.—The term 

14 ‘low-income individual’ has the meaning given the 

15 term in section 3 of the Workforce Innovation and 

16 Opportunity Act (29 U.S.C. 3102). 

17 ‘‘(4) REQUIRED FILTRATION UNIT.—The term 

18 ‘required filtration unit’ means a filtration unit that 

19 has a mesh size of not greater than 100 microm20 eters. 

21 ‘‘(5) RETROFIT FILTRATION UNIT.—The term 

22 ‘retrofit filtration unit’ means a required filtration 

23 unit that— 

24 ‘‘(A) is an-line filtration unit; and 

25 ‘‘(B) may be retrofit onto an existing 

26 clothes washer. 


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1 ‘‘(b) FILTRATION UNITS REQUIRED.— 

2 ‘‘(1) COMMERCIAL, INDUSTRIAL, AND GOVERN3 MENT-CONTRACTED CLOTHES WASHERS.— 

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

5 shall ensure that— 

6 ‘‘(i) not later than January 1, 2023, 

7 each government-contracted commercial 

8 clothes washer has a required filtration 

9 unit; and 

10 ‘‘(ii) not later than January 1, 2024, 

11 each commercial clothes washer and indus12 trial clothes washer has a required filtra13 tion unit. 

14 ‘‘(B) NEW OR RETROFIT.—The require15 ment under subparagraph (A) may be met by— 

16 ‘‘(i) the installation of a retrofit filtra17 tion unit on a previously purchased clothes 

18 washer; or 

19 ‘‘(ii) the purchase of a new clothes 

20 washer that has a built-in filtration unit. 

21 ‘‘(2) GENERAL REQUIREMENT.—The Adminis22 trator shall ensure that all new clothes washers, in23 cluding residential clothes washers, sold in interstate 

24 commerce in the United States on and after January 

25 1, 2025, have built-in filtration units. 


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1 ‘‘(c) GRANT, LOAN, AND FUNDING PROGRAMS.— 

2 ‘‘(1) GOVERNMENT-CONTRACTED CLOTHES

3 WASHERS.—The Administrator shall coordinate 

4 funding among other Federal agencies to ensure 

5 that the Federal Government meets the requirement 

6 under subsection (b)(1)(A)(i). 

7 ‘‘(2) COMMERCIAL AND INDUSTRIAL CLOTHES

8 WASHERS.—The Administrator may provide low-in9 terest or forgivable loans to commercial clothes 

10 washing businesses to meet the requirement under 

11 subsection (b)(1)(A)(ii). 

12 ‘‘(3) INDIVIDUALS.—The Administrator may 

13 provide grants, low-interest loans, or some combina14 tion of grants and low-interest loans to low-income 

15 individuals to assist low-income individuals in replac16 ing a clothes washer without a built-in filtration unit 

17 with a clothes washer that has a built-in filtration 

18 unit. 

19 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Administrator 

21 such sums as are necessary to carry out this section. 

22 ‘‘SEC. 12503. STUDY AND ACTION ON MICROFIBER POLLU23 TION REDUCTION. 

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

25 date of enactment of this subtitle, the Administrator, in 


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1 consultation with the heads of relevant Federal agencies, 

2 shall establish a competitive grant program to provide 

3 grants to eligible entities described in subsection (c) to 

4 carry out microfiber pollution reduction projects in accord5 ance with this section. 

6 ‘‘(b) OBJECTIVES.—To be eligible for a grant under 

7 subsection (a), a microfiber pollution reduction project 

8 shall accomplish 1 or more of the following objectives: 

9 ‘‘(1) Improve industry and manufacturing best 

10 practices to reduce the generation of microfiber pol11 lution— 

12 ‘‘(A) during— 

13 ‘‘(i) the production of textiles; 

14 ‘‘(ii) the lifetime use of textiles; or 

15 ‘‘(iii) the washing and cleaning of tex16 tiles; and 

17 ‘‘(B) with a focus on increasing the use of 

18 recycled fibers. 

19 ‘‘(2) Improve filtration technology for the re20 moval of microfiber pollution from— 

21 ‘‘(A) washing machines; or 

22 ‘‘(B) wastewater treatment plants. 

23 ‘‘(c) ELIGIBLE ENTITIES.—An entity that is eligible 

24 to receive a grant under subsection (a) is— 

25 ‘‘(1) an institution of higher education; 


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1 ‘‘(2) a nonprofit organization; 

2 ‘‘(3) a State, local, or Tribal government; 

3 ‘‘(4) a for-profit organization; 

4 ‘‘(5) a State agency responsible for managing 

5 wastewater treatment plants; or 

6 ‘‘(6) a Federal agency that has statutory au7 thority to receive transfers of funds. 

8 ‘‘(d) PRIORITY.—In awarding grants under sub9 section (a), the Administrator shall give priority to a 

10 project that achieves more than 1 of the objectives de11 scribed in subsection (b). 

12 ‘‘(e) REPORT.—Not later than 2 years after the date 

13 on which the first grant is provided under subsection (a), 

14 the Administrator shall submit to Congress a report de15 scribing the results of the microfiber pollution reduction 

16 projects conducted under this section. 

17 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section. 

20 ‘‘SEC. 12504. MICROPLASTICS PILOT PROGRAM. 

21 ‘‘(a) DEFINITION OF MICROPLASTIC.—In this sec22 tion, the term ‘microplastic’ means a plastic or plastic23 coated particle that is less than 5 millimeters in any di24 mension. 


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1 ‘‘(b) ESTABLISHMENT.—The Administrator shall es2 tablish a pilot program (referred to in this section as the 

3 ‘pilot program’) to test the efficacy and cost effectiveness 

4 of tools, technologies, and techniques— 

5 ‘‘(1) to remove microplastics from the environ6 ment; and 

7 ‘‘(2) to prevent the release of microplastics into 

8 the environment. 

9 ‘‘(c) REQUIREMENTS.—In carrying out the pilot pro10 gram, the Administrator shall include the testing of— 

11 ‘‘(1) natural infrastructure; 

12 ‘‘(2) green infrastructure (as defined in section 

13 502 of the Federal Water Pollution Control Act (33 

14 U.S.C. 1362)); and 

15 ‘‘(3) mechanical removal systems (such as 

16 pumps) and filtration technologies. 

17 ‘‘(d) ELIGIBLE PILOT PROGRAM LOCATIONS.—In 

18 carrying out the pilot program, the Administrator may 

19 carry out projects located in— 

20 ‘‘(1) stormwater systems; 

21 ‘‘(2) wastewater treatment facilities; 

22 ‘‘(3) drinking water systems; 

23 ‘‘(4) ports, harbors, inland waterways, estu24 aries, and marine environments; and 


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1 ‘‘(5) roadways, highways, and other streets 

2 used for vehicular travel. 

3 ‘‘(e) OUTREACH.—In determining selection criteria 

4 and projects to carry out under the pilot program, the Ad5 ministrator shall conduct outreach to— 

6 ‘‘(1) the Interagency Marine Debris Coordi7 nating Committee established under section 5(a) of 

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

9 ‘‘(2) stakeholders and experts in the applicable 

10 field, as determined by the Administrator. 

11 ‘‘(f) REPORTS.— 

12 ‘‘(1) INITIAL REPORT.—Not later than 180 

13 days after the date of enactment of this subtitle, the 

14 Administrator shall submit to Congress a report de15 scribing the outreach conducted under subsection 

16 (e). 

17 ‘‘(2) SUBSEQUENT REPORT.—Not later than 3 

18 years after the date on which the Administrator es19 tablishes the pilot program, the Administrator shall 

20 submit to Congress a report describing the effective21 ness of projects carried out under the pilot program. 

22 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated such sums as are nec24 essary to carry out this section. 


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1 ‘‘SEC. 12505. GRANT PROGRAM TO SUPPORT INNOVATION 

2 IN PACKAGING REDUCTION AND REUSE. 

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

4 date of enactment of this subtitle, the Administrator shall 

5 establish a competitive grant program (referred to in this 

6 section as the ‘program’) to provide grants to eligible enti7 ties described in subsection (c) to carry out pilot-scale 

8 packaging reduction or reuse projects in accordance with 

9 this section. 

10 ‘‘(b) OBJECTIVES.—To be eligible for a grant under 

11 the program, a pilot-scale packaging reduction or reuse 

12 project shall evaluate the efficacy and cost-effectiveness of 

13 tools, technologies, and techniques for 1 or more of the 

14 following objectives: 

15 ‘‘(1) Expanding reuse and refill programs for— 

16 ‘‘(A) cleaning materials; 

17 ‘‘(B) bulk food products; and 

18 ‘‘(C) beverages. 

19 ‘‘(2) Assessing best practices for eliminating or 

20 reducing the use of plastic produce bags. 

21 ‘‘(3) Expanding consumer knowledge of reuse 

22 and refill programs. 

23 ‘‘(4) Otherwise eliminating or reducing the use 

24 of single-use plastic bags, as determined by the Ad25 ministrator. 


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1 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

2 a grant under the program, an entity shall be— 

3 ‘‘(1) an institution of higher education; 

4 ‘‘(2) a nonprofit organization; 

5 ‘‘(3) a State, local, or Tribal government; 

6 ‘‘(4) a for-profit organization; or 

7 ‘‘(5) a public-private partnership. 

8 ‘‘(d) PRIORITIES.—In awarding grants under the 

9 program, the Administrator shall— 

10 ‘‘(1) give priority to a project that achieves 

11 more than 1 of the objectives described in subsection 

12 (b); and 

13 ‘‘(2) ensure that a grant is provided to carry 

14 out a project in each region of the Environmental 

15 Protection Agency. 

16 ‘‘(e) REPORT.—Not later than 3 years after the date 

17 on which the Administrator establishes the program, the 

18 Administrator shall submit to Congress a report describ19 ing the effectiveness of the projects carried out under the 

20 program. 

21 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated from the Reduction, Re23 cycling, and Litter Cleanup Trust Fund established by 

24 section 9512 of the Internal Revenue Code of 1986 such 

25 sums as are necessary to carry out the pilot program. 


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1 ‘‘SEC. 12506. REPORT ON REUSE AND REFILL PRODUCT DE2 LIVERY SYSTEMS. 

3 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

4 date of enactment of this subtitle, and every 5 years there5 after, the Administrator shall make publicly available a re6 port on feasability and best practices relating to reuse and 

7 reusability within the following sectors: 

8 ‘‘(1) Food service, including— 

9 ‘‘(A) take out; 

10 ‘‘(B) delivery of prepared meals; and 

11 ‘‘(C) meal kits. 

12 ‘‘(2) Consumer food and beverage products. 

13 ‘‘(3) Consumer cleaning products. 

14 ‘‘(4) Consumer personal care products. 

15 ‘‘(5) Transportation or shipping of wholesale 

16 and retail goods. 

17 ‘‘(6) Other sectors, as identified by the Admin18 istrator. 

19 ‘‘(b) OBJECTIVES.—The report under subsection (a) 

20 shall evaluate and summarize— 

21 ‘‘(1) types of reuse and refill product delivery 

22 systems that can be best used at different scales; 

23 ‘‘(2) job creation opportunities through the use 

24 or expansion of reuse and refill systems; 

25 ‘‘(3) economic costs and benefits for— 


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1 ‘‘(A) the businesses that deploy reuse and 

2 refill technologies; and 

3 ‘‘(B) the parties responsible for waste col4 lection and management; and 

5 ‘‘(4) types of local, State, and Federal support 

6 needed to expand the use of reuse and refill sys7 tems.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 for the Solid Waste Disposal Act (Public Law 89–272; 79 

10 Stat. 997) is amended by inserting after the item relating 

11 to section 11011 the following: 

‘‘Subtitle K—Producer Responsibility for Products and Packaging 

‘‘Sec. 12001. Definitions. 

‘‘PART I—PRODUCTS IN THE MARKETPLACE

‘‘Sec. 12101. Extended producer responsibility. 

‘‘Sec. 12102. Producer Responsibility Organizations. 

‘‘Sec. 12103. Covered product management. 

‘‘Sec. 12104. National beverage container program. 

‘‘Sec. 12105. Product Stewardship Plans. 

‘‘Sec. 12106. Outreach and education. 

‘‘Sec. 12107. Reporting. 

‘‘PART II—REDUCTION OF SINGLE-USE PRODUCTS

‘‘Sec. 12201. Prohibition on single-use plastic carryout bags. 

‘‘Sec. 12202. Reduction of other single-use products. 

‘‘Sec. 12203. Study and action on plastic tobacco filters and electronic cigarettes. 

‘‘PART III—RECYCLING AND COMPOSTING

‘‘Sec. 12301. Recycling and composting collection. 

‘‘Sec. 12302. Requirements for the production of products containing recycled 

content. 

‘‘Sec. 12303. Designing for the environment. 

‘‘Sec. 12304. Product labeling. 

‘‘Sec. 12305. ‘Do Not Flush’ labeling. 

‘‘Sec. 12306. Recycling and composting receptacle labeling. 

‘‘Sec. 12307. Prohibition on certain exports of waste. 

‘‘PART IV—LOCAL GOVERNMENT EFFORTS


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‘‘Sec. 12401. Protection of local governments. 

‘‘Sec. 12402. Clean Communities Program. 

‘‘PART V—REDUCTION OF OTHER SOURCES OF PLASTIC POLLUTION

‘‘Sec. 12501. Study and action on derelict fishing gear. 

‘‘Sec. 12502. Mandatory filtration standard for clothes washers. 

‘‘Sec. 12503. Study and action on microfiber pollution reduction. 

‘‘Sec. 12504. Microplastics pilot program. 

‘‘Sec. 12505. Grant program to support innovation in packaging reduction and 

reuse. 

‘‘Sec. 12506. Report on reuse and refill product delivery systems.’’. 

1 SEC. 3. IMPOSITION OF TAX ON CARRYOUT BAGS. 

2 (a) GENERAL RULE.—Chapter 31 of the Internal 

3 Revenue Code of 1986 is amended by inserting after sub4 chapter C the following new subchapter: 

5 ‘‘Subchapter D—Carryout Bags 

‘‘Sec. 4056. Imposition of tax. 

6 ‘‘SEC. 4056. IMPOSITION OF TAX. 

7 ‘‘(a) GENERAL RULE.—There is hereby imposed on 

8 any retail sale a tax on each carryout bag provided to a 

9 customer by an applicable entity. 

10 ‘‘(b) AMOUNT OF TAX.—The amount of tax imposed 

11 by subsection (a) shall be $0.10 per carryout bag. 

12 ‘‘(c) LIABILITY FOR TAX.—The applicable entity 

13 shall be liable for the tax imposed by this section. 

14 ‘‘(d) DEFINITIONS.—For purposes of this section— 

15 ‘‘(1) APPLICABLE ENTITY.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), the term ‘applicable entity’ means— 


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1 ‘‘(i) any restaurant (as defined in sec2 tion 12001 of the Solid Waste Disposal 

3 Act), or 

4 ‘‘(ii) any business which— 

5 ‘‘(I) sells food, alcohol, or any 

6 other good or product to the public at 

7 retail, or 

8 ‘‘(II) elects to comply with the 

9 requirements under this section. 

10 ‘‘(B) EXCEPTION.— 

11 ‘‘(i) IN GENERAL.—For purposes of 

12 this section, the term ‘applicable entity’ 

13 shall not include any entity described in 

14 subparagraph (A) if the State, or any local 

15 government or political subdivision thereof, 

16 in which such entity is located has been 

17 granted a waiver pursuant to clause (ii). 

18 ‘‘(ii) WAIVER.—The Secretary shall 

19 prescribe rules providing for the waiver of 

20 application of this section with respect to 

21 any State, or any local government or po22 litical subdivision thereof, which has en23 acted a tax or fee on the provision of car24 ryout bags which is similar to the tax im25 posed under this section. 


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1 ‘‘(2) CARRYOUT BAG.— 

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

3 bag’ means a bag of any material that is pro4 vided to a consumer at the point of sale to 

5 carry or cover purchases, merchandise, or other 

6 items. 

7 ‘‘(B) EXCEPTIONS.—Such term shall not 

8 include any product described in section 

9 12201(a)(2)(C) of the Solid Waste Disposal 

10 Act. 

11 ‘‘(e) BAG TAX STATED SEPARATELY ON RECEIPT.— 

12 The tax imposed by subsection (a) shall be separately stat13 ed on the receipt of sale provided to the customer. 

14 ‘‘(f) EXCEPTIONS.—The tax imposed under sub15 section (a) shall not apply to any carryout bag that is pro16 vided to a customer as part of a transaction in which the 

17 customer is purchasing any item using benefits received 

18 under the supplemental nutrition assistance program es19 tablished under the Food and Nutrition Act of 2008 (7 

20 U.S.C. 2011 et seq.) or the supplemental nutrition pro21 gram for women, infants, and children authorized under 

22 section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 

23 1786). 

24 ‘‘(g) PENALTIES.— 


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1 ‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO2 LATION.—If any applicable entity fails to collect the 

3 tax imposed under subsection (a) or satisfy the re4 quirements under subsection (e), the Secretary shall 

5 provide such entity with written notification regard6 ing the violation of the requirements under such 

7 subsections. 

8 ‘‘(2) SUBSEQUENT VIOLATIONS.— 

9 ‘‘(A) IN GENERAL.—If any applicable enti10 ty, subsequent to receiving a written notifica11 tion described in paragraph (1), fails to collect 

12 the tax imposed under subsection (a) or satisfy 

13 the requirements under subsection (e), such en14 tity shall pay a penalty in addition to the tax 

15 imposed under this section. 

16 ‘‘(B) AMOUNT OF PENALTY.—For each 

17 violation during a calendar year, the amount of 

18 the penalty under subparagraph (A) shall be— 

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

20 $250, 

21 ‘‘(ii) in the case of the second viola22 tion, $500, and 

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

24 or any subsequent violation, $1,000. 


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1 ‘‘(C) LIMITATION.—In the case of any ap2 plicable entity with less than $1,000,000 in 

3 total revenue for the year preceding the imposi4 tion of any penalty under this paragraph, any 

5 such penalty may not be imposed under this 

6 paragraph more than once during any 7-day pe7 riod. 

8 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec9 tion or any regulations promulgated under this section 

10 shall preempt, limit, or supersede, or be interpreted to pre11 empt, limit, or supersede— 

12 ‘‘(1) any law or regulation relating to any tax 

13 or fee on carryout bags which is imposed by a State 

14 or local government entity, or any political subdivi15 sion, agency, or instrumentality thereof, or 

16 ‘‘(2) any additional fees imposed by any appli17 cable entity on carryout bags provided to its cus18 tomers.’’. 

19 (b) CARRYOUT BAG CREDIT PROGRAM.—Subchapter 

20 B of chapter 65 of such Code is amended by adding at 

21 the end the following new section: 

22 ‘‘SEC. 6431. CARRYOUT BAG CREDIT PROGRAM. 

23 ‘‘(a) ALLOWANCE OF CREDIT.—If— 

24 ‘‘(1) tax has been imposed under section 4056 

25 on any carryout bag, 


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1 ‘‘(2) an applicable entity provides such bag to 

2 a customer in a point of sale transaction, and 

3 ‘‘(3) such entity has kept and can produce 

4 records for purposes of this section and section 4056 

5 that include— 

6 ‘‘(A) the total number of carryout bags 

7 provided to customers for which the tax was im8 posed under section 4056(a) and the amounts 

9 passed through to customers for such bags pur10 suant to section 4056(e), and 

11 ‘‘(B) the total number of bags for which a 

12 refund was provided to customers pursuant to 

13 a carryout bag credit program, 

14 the Secretary shall pay (without interest) to such entity 

15 an amount equal to the applicable amount for each bag 

16 provided by such entity in connection with a point of sale 

17 transaction. 

18 ‘‘(b) APPLICABLE AMOUNT.—For purposes of sub19 section (a), the applicable amount is an amount equal to— 

20 ‘‘(1) in the case of an applicable entity that has 

21 established a carryout bag credit program, $0.10, 

22 and 

23 ‘‘(2) in the case of an applicable entity that has 

24 not established a carryout bag credit program, 

25 $0.04. 


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1 ‘‘(c) CARRYOUT BAG CREDIT PROGRAM.—For pur2 poses of this section, the term ‘carryout bag credit pro3 gram’ means a program established by an applicable entity 

4 which— 

5 ‘‘(1) for each bag provided by the customer to 

6 package any items purchased from the applicable en7 tity, such entity refunds such customer $0.05 for 

8 each such bag from the total cost of their purchase, 

9 ‘‘(2) separately states the amount of such re10 fund on the receipt of sale provided to the customer, 

11 and 

12 ‘‘(3) prominently advertises such program at 

13 each entrance and checkout register of the applicable 

14 entity. 

15 ‘‘(d) DEFINITIONS.—For purposes of this section, the 

16 terms ‘applicable entity’ and ‘carryout bag’ have the same 

17 meanings given such terms under section 4056(d).’’. 

18 (c) ESTABLISHMENT OF TRUST FUND.—Subchapter 

19 A of chapter 98 of such Code is amended by adding at 

20 the end the following: 

21 ‘‘SEC. 9512. REDUCTION, RECYCLING, AND LITTER CLEAN22 UP TRUST FUND. 

23 ‘‘(a) CREATION OF TRUST FUND.—There is estab24 lished in the Treasury of the United States a trust fund 

25 to be known as the ‘Reduction, Recycling, and Litter 


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1 Cleanup Trust Fund’ (referred to in this section as the 

2 ‘Trust Fund’), consisting of such amounts as may be ap3 propriated or credited to the Trust Fund as provided in 

4 this section or section 9602(b). 

5 ‘‘(b) TRANSFERS TO TRUST FUND.—There is hereby 

6 appropriated to the Trust Fund amounts equivalent to— 

7 ‘‘(1) the amounts received in the Treasury pur8 suant to section 4056; and 

9 ‘‘(2) the amounts determined by the Secretary 

10 to be equivalent to the amounts of fees collected 

11 under section 12303(c) of the Solid Waste Disposal 

12 Act. 

13 ‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts 

14 in the Trust Fund shall be available, as provided by appro15 priation Acts, for— 

16 ‘‘(1) making payments under section 6431, 

17 ‘‘(2) making grants for— 

18 ‘‘(A) reusable carryout bags, and 

19 ‘‘(B) recycling, reuse, and composting in20 frastructure and litter cleanup, and 

21 ‘‘(3) carrying out the grant program to support 

22 innovation in packaging reduction and reuse under 

23 section 12505 of the Solid Waste Disposal Act.’’. 

24 (d) STUDY.—Not later than the date which is 18 

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1 troller General of the United States shall conduct a study 

2 on the effectiveness of sections 4056, 6431, and 9512 of 

3 the Internal Revenue Code of 1986 (as added by this Act) 

4 at reducing the use of carryout bags and encouraging the 

5 use of reusable bags. The report shall address— 

6 (1) the use of plastic or paper single-use carry7 out bags during the period preceding the enactment 

8 of such sections, 

9 (2) the effect of such sections on the citizens 

10 and residents of the United States, including— 

11 (A) the percentage reduction in the use of 

12 plastic or paper single-use carryout bags as a 

13 result of the enactment of such sections, 

14 (B) the opinion among citizens and resi15 dents of the United States regarding the effect 

16 of such sections, disaggregated by race and in17 come level, and 

18 (C) the amount of substitution between 

19 other types of plastic bags for single-use carry20 out bags, 

21 (3) measures that the Comptroller General de22 termines may increase the effectiveness of such sec23 tions, including the amount of tax imposed on each 

24 carryout bag, and 


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1 (4) any effects, both positive and negative, on 

2 United States businesses as a result of the enact3 ment of such sections, including costs, storage space, 

4 and changes in paper bag usage. 

5 The Comptroller General shall submit a report of such 

6 study to the Committee on Ways and Means of the House 

7 of Representatives and the Committee on Finance of the 

8 Senate. 

9 (e) CLERICAL AMENDMENTS.— 

10 (1) The table of subchapters for chapter 31 of 

11 such Code is amended by inserting after the item re12 lating to subchapter C the following new item: 

‘‘Subchapter D. Carryout bags.’’. 

13 (2) The table of sections for subchapter B of 

14 chapter 65 of such Code is amended by adding at 

15 the end the following new item: 

‘‘Sec. 6431. Carryout bag credit program.’’. 

16 (3) The table of sections for subchapter A of 

17 chapter 98 of such Code is amended by adding at 

18 the end the following new item: 

‘‘Sec. 9512. Reduction, recycling, and litter cleanup trust fund.’’. 

19 (f) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on January 1, 2023. 

21 SEC. 4. CLEAN AIR, CLEAN WATER, AND ENVIRONMENTAL 

22 JUSTICE. 

23 (a) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) COVERED FACILITY.—The term ‘‘covered 

5 facility’’ means— 

6 (A) an industrial facility that transforms 

7 natural gas liquids into ethylene and propylene 

8 for later conversion into plastic polymers; 

9 (B) a plastic polymerization or polymer 

10 production facility; 

11 (C) an industrial facility that repolymerizes 

12 plastic polymers into chemical feedstocks for 

13 use in new products or as fuel; and 

14 (D) an industrial facility that generates 

15 fuel or energy from plastic polymers through 

16 waste-to-fuel technology, an incinerator, or 

17 other similar technology, as determined by the 

18 Administrator. 

19 (3) COVERED PRODUCTS.—The term ‘‘covered 

20 plastic’’ means— 

21 (A) ethylene; 

22 (B) propylene; 

23 (C) polyethylene in any form (including 

24 pellets, resin, nurdle, powder, and flakes); 


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1 (D) polypropylene in any form (including 

2 pellets, resin, nurdle, powder, and flakes); 

3 (E) polyvinyl chloride in any form (includ4 ing pellets, resin, nurdle, powder, and flakes); 

5 or 

6 (F) other plastic polymer raw materials in 

7 any form (including pellets, resin, nurdle, pow8 der, and flakes). 

9 (4) ENVIRONMENTAL JUSTICE.—The term ‘‘en10 vironmental justice’’ means the fair treatment and 

11 meaningful involvement of all individuals, regardless 

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

13 income, with respect to the development, implemen14 tation, and enforcement of environmental laws, regu15 lations, and policies to ensure that— 

16 (A) communities of color, indigenous com17 munities, and low-income communities have ac18 cess to public information and opportunities for 

19 meaningful public participation with respect to 

20 human health and environmental planning, reg21 ulations, and enforcement; 

22 (B) no community of color, indigenous 

23 community, or low-income community is ex24 posed to a disproportionate burden of the nega25 tive human health and environmental impacts 


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1 of pollution or other environmental hazards; 

2 and 

3 (C) the 17 principles described in the docu4 ment entitled ‘‘The Principles of Environmental 

5 Justice’’, written and adopted at the First Na6 tional People of Color Environmental Leader7 ship Summit held on October 24 through 27, 

8 1991, in Washington, DC, are upheld. 

9 (5) FENCELINE MONITORING.—The term 

10 ‘‘fenceline monitoring’’ means continuous, real-time 

11 monitoring of ambient air quality around the entire 

12 perimeter of a facility. 

13 (6) FRONTLINE COMMUNITY.— 

14 (A) IN GENERAL.—The term ‘‘frontline 

15 community’’ means a community located near a 

16 covered facility that has experienced systemic 

17 socioeconomic disparities or other forms of in18 justice. 

19 (B) INCLUSIONS.—The term ‘‘frontline 

20 community’’ includes a low-income community, 

21 a community that includes indigenous peoples, 

22 and a community of color. 

23 (7) MATERIAL RECOVERY FACILITY.—The term 

24 ‘‘material recovery facility’’ means a solid waste 


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1 management facility that processes materials for 

2 reuse or recycling. 

3 (8) RENEWABLE ENERGY.—The term ‘‘renew4 able energy’’ means energy supplied by a project 

5 that uses wind, solar, geothermal, wave, current, 

6 tidal, or ocean thermal energy to generate electricity. 

7 (9) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Army, acting through the Chief 

9 of Engineers. 

10 (10) SINGLE-USE PLASTIC.— 

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

12 plastic’’ means a plastic product or packaging 

13 that is routinely disposed of, recycled, or other14 wise discarded after a single use. 

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

16 plastic’’ does not include— 

17 (i) medical food, supplements, devices, 

18 or other products determined by the Sec19 retary of Health and Human Services to 

20 necessarily be made of plastic for the pro21 tection of public health; or 

22 (ii) packaging that is— 

23 (I) for any product described in 

24 clause (i); or 


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1 (II) used for the shipment of 

2 hazardous materials that is prohibited 

3 from being composed of used mate4 rials under section 178.509 or section 

5 178.522 of title 49, Code of Federal 

6 Regulations (as in effect on the date 

7 of enactment of this Act). 

8 (11) TEMPORARY PAUSE PERIOD.—The term 

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

10 (A) beginning on the date of enactment of 

11 this Act; and 

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

13 date on which all regulations required under 

14 subsections (d) and (e) are in effect. 

15 (12) ZERO-EMISSIONS ENERGY.— 

16 (A) IN GENERAL.—The term ‘‘zero-emis17 sions energy’’ means renewable energy the pro18 duction of which emits no greenhouse gases at 

19 the production source. 

20 (B) EXCLUSIONS.—The term ‘‘zero-emis21 sions energy’’ does not include any energy gen22 erated by— 

23 (i) a waste-to-energy technology; 

24 (ii) an incinerator; or 


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1 (iii) any other similar technology, as 

2 determined by the Administrator. 

3 (b) TEMPORARY PAUSE.— 

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

5 during the temporary pause period, notwithstanding 

6 any other provision of law— 

7 (A) the Administrator shall not issue a 

8 new permit for a covered facility under— 

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

10 et seq.); or 

11 (ii) the Federal Water Pollution Con12 trol Act (33 U.S.C. 1251 et seq.); 

13 (B) the Secretary shall not issue a new 

14 permit for a covered facility under section 404 

15 of the Federal Water Pollution Control Act (33 

16 U.S.C. 1344); 

17 (C) the Administrator shall object in writ18 ing under subsections (b) and (c) of section 505 

19 of the Clean Air Act (42 U.S.C. 7661d) or sec20 tion 402(d)(2) of the Federal Water Pollution 

21 Control Act (33 U.S.C. 1342(d)(2)), as applica22 ble, to any new permit issued to a covered facil23 ity by a State agency delegated authority under 

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


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1 the Federal Water Pollution Control Act (33 

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

3 (D) subject to subsection (g), the export of 

4 covered products is prohibited. 

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

6 to a permit described in that paragraph for a facility 

7 that is— 

8 (A) a material recovery facility; or 

9 (B) a compost facility. 

10 (c) STUDY.— 

11 (1) IN GENERAL.— 

12 (A) AGREEMENT.—The Administrator 

13 shall offer to enter into an agreement with the 

14 National Academy of Sciences and the National 

15 Institutes of Health to conduct a study of— 

16 (i) the existing and planned expansion 

17 of the industry of the producers of covered 

18 products, including the entire supply chain, 

19 the extraction and refining of feedstocks, 

20 end uses, disposal fate, and lifecycle im21 pacts of covered products; 

22 (ii) the environmental justice and pol23 lution impacts of covered facilities and the 

24 products of covered facilities; 


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1 (iii) the existing standard technologies 

2 and practices of covered facilities with re3 spect to the discharge and emission of pol4 lutants into the environment; and 

5 (iv) the best available technologies 

6 and practices that reduce or eliminate the 

7 environmental justice and pollution im8 pacts of covered facilities and the products 

9 of covered facilities. 

10 (B) FAILURE TO ENTER AGREEMENT.—If 

11 the Administrator fails to enter into an agree12 ment described in subparagraph (A), the Ad13 ministrator shall conduct the study described in 

14 that subparagraph. 

15 (2) REQUIREMENTS.—The study under para16 graph (1) shall— 

17 (A) consider— 

18 (i) the direct, indirect, and cumulative 

19 environmental impacts of the industries of 

20 covered facilities to date; and 

21 (ii) the impacts of the planned expan22 sion of those industries, including local, re23 gional, national, and international air, 

24 water, waste, climate change, public health, 


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1 and environmental justice impacts of those 

2 industries; and 

3 (B) recommend technologies, standards, 

4 and practices to remediate or eliminate the 

5 local, regional, national, and international air, 

6 water, waste, climate change, public health, and 

7 environmental justice impacts of covered facili8 ties and the industries related to covered facili9 ties. 

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

11 the date of enactment of this Act, the Administrator 

12 shall submit to Congress a report describing the re13 sults of the study under paragraph (1). 

14 (d) CLEAN AIR.— 

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

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

18 the fifth sentence. 

19 (2) NATIONAL SOURCE PERFORMANCE STAND20 ARDS IMPLEMENTATION IMPROVEMENTS.— 

21 (A) ZERO-EMISSIONS ENERGY.—Not later 

22 than 3 years after the date of enactment of this 

23 Act, the Administrator shall promulgate a final 

24 rule requiring that— 


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1 (i) covered facilities that manufacture 

2 olefins, including ethylene and propylene, 

3 use only zero-emissions energy sources, ex4 cept to the extent that waste gases are re5 cycled; and 

6 (ii) covered facilities that manufacture 

7 low-density polyethylene, linear low-density 

8 polyethylene, high-density polyethylene, 

9 styrene, vinyl chloride, or synthetic organic 

10 fibers use only zero-emissions energy 

11 sources, except to the extent that waste 

12 gases are recycled, unless the Adminis13 trator— 

14 (I) determines that under certain 

15 conditions (such as during the com16 mencement or shut down of produc17 tion at a covered facility), expendi18 tures of energy that are not from 

19 zero-emissions energy sources are re20 quired; and 

21 (II) publishes the determination 

22 under subclause (I) and a proposed 

23 mixture of zero-emissions energy and 

24 non-zero-emissions energy for those 

25 conditions in a rulemaking. 


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1 (B) NEW SOURCE PERFORMANCE STAND2 ARDS FOR CERTAIN FACILITIES.—Not later 

3 than 3 years after the date of enactment of this 

4 Act, the Administrator shall promulgate a final 

5 rule— 

6 (i) designating ethylene, propylene, 

7 polyethylene, and polypropylene production 

8 facilities as a category of stationary source 

9 under section 111(b)(1)(A) of the Clean 

10 Air Act (42 U.S.C. 7411(b)(1)(A)); and 

11 (ii) establishing new source perform12 ance standards for the category of sta13 tionary source designated under clause (i) 

14 under section 111(f)(1) of the Clean Air 

15 Act (42 U.S.C. 7411(f)(1)). 

16 (C) STORAGE VESSELS FOR COVERED

17 PRODUCTS.—Not later than 3 years after the 

18 date of enactment of this Act, the Adminis19 trator shall promulgate a final rule modifying 

20 section 60.112b(a) of title 40, Code of Federal 

21 Regulations (as in effect on the date of enact22 ment of this Act), to ensure that an owner or 

23 operator of a storage vessel containing liquid 

24 with a vapor pressure of equal to or more than 

25 5 millimeters of mercury under actual storage 


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1 conditions that is regulated under that section 

2 uses— 

3 (i) an internal floating roof tank con4 nected to a volatile organic compound con5 trol device; or 

6 (ii) a fixed-roof tank connected to a 

7 volatile organic compound control device. 

8 (D) FLARING.—Not later than 30 days 

9 after the date of enactment of this Act, the Ad10 ministrator shall promulgate a final rule— 

11 (i) modifying title 40, Code of Federal 

12 Regulations (as in effect on the date of en13 actment of this Act), to ensure that flar14 ing, either at ground-level or elevated, shall 

15 only be permitted when necessary solely for 

16 safety reasons; and 

17 (ii) modifying sections 

18 60.112b(a)(3)(ii), 60.115b(d)(1), 60.482– 

19 10a(d), 60.662(b), 60.702(b), and 60.562– 

20 1(a)(1)(i)(C) of title 40, Code of Federal 

21 Regulations (as in effect on the date of en22 actment of this Act), to ensure that— 

23 (I) references to flare standards 

24 under those sections refer to the flare 


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1 standards established under clause (i); 

2 and 

3 (II) the flare standards under 

4 those sections are, without exception, 

5 continuously applied. 

6 (E) SOCMI EQUIPMENT LEAKS.—Not 

7 later than 3 years after the date of enactment 

8 of this Act, the Administrator shall promulgate 

9 a final rule— 

10 (i) modifying section 60.482–1a of 

11 title 40, Code of Federal Regulations (as 

12 in effect on the date of enactment of this 

13 Act), to ensure that owners and operators 

14 use process units and components with a 

15 leak-less or seal-less design; 

16 (ii) modifying section 60.482–1a(f) of 

17 title 40, Code of Federal Regulations (as 

18 in effect on the date of enactment of this 

19 Act), to ensure that owners and operators 

20 use optical gas imaging monitoring pursu21 ant to section 60.5397a of title 40, Code of 

22 Federal Regulations (as in effect on the 

23 date of enactment of this Act), on a quar24 terly basis, unless the owner or operator 

25 receives approval from the Administrator 


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1 in writing to use Method 21 of the Envi2 ronmental Protection Agency (as described 

3 in appendix A–7 of part 60 of title 40, 

4 Code of Federal Regulations (as in effect 

5 on the date of enactment of this Act)) with 

6 a repair threshold of 500 parts per million; 

7 (iii) modifying 60.482–6a of title 40, 

8 Code of Federal Regulations (as in effect 

9 on the date of enactment of this Act), to 

10 ensure that the use of open-ended valves or 

11 lines is prohibited except if a showing is 

12 made that the use of an open-ended valve 

13 or line is necessary for safety reasons; and 

14 (iv) modifying subpart VVa of part 60 

15 of title 40, Code of Federal Regulations 

16 (as in effect on the date of enactment of 

17 this Act) to ensure that— 

18 (I) the term ‘‘no detectable emis19 sions’’ is defined to mean an instru20 ment reading of less than 50 parts 

21 per million above background con22 centrations; and 

23 (II) the term ‘‘leak’’ is defined to 

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1 er than or equal to 50 parts per mil2 lion above background concentrations. 

3 (F) NATURAL-GAS FIRED STEAM BOIL4 ERS.—Not later than 3 years after the date of 

5 enactment of this Act, the Administrator shall 

6 promulgate a final rule revising subpart Db of 

7 part 60 of title 40, Code of Federal Regulations 

8 (as in effect on the date of enactment of this 

9 Act), to ensure that boilers or heaters located 

10 at an affected covered facility regulated under 

11 that subpart may only burn gaseous fuels, not 

12 solid fuels or liquid fuels. 

13 (G) MONITORING.—Not later than 3 years 

14 after the date of enactment of this Act, the Ad15 ministrator shall promulgate a final rule revis16 ing subparts DDD, NNN, RRR, and other rel17 evant subparts of part 60 of title 40, Code of 

18 Federal Regulations (as in effect on the date of 

19 enactment of this Act)— 

20 (i) to require continuous emissions 

21 monitoring of nitrogen oxides, sulfur diox22 ide, carbon monoxide, and filterable partic23 ulate matter for all combustion devices ex24 cept for non-enclosed flares, including dur25 ing startups, shutdowns, and malfunctions 


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1 of the facilities regulated by those sub2 parts; 

3 (ii) to require— 

4 (I) accurate and continuous rec5 ordkeeping when continuous moni6 toring is required under clause (i); 

7 and 

8 (II) the records required under 

9 subclause (I) to be made available to 

10 the public; and 

11 (iii) to require fenceline monitoring 

12 under section 63.658 of title 40, Code of 

13 Federal Regulations (as in effect on the 

14 date of enactment of this Act), for nitrogen 

15 oxides, sulfur dioxide, carbon monoxide, fil16 terable and condensable particulate matter, 

17 and all other relevant hazardous air pollut18 ants. 

19 (3) NATIONAL EMISSION STANDARDS FOR HAZ20 ARDOUS AIR POLLUTANTS IMPLEMENTATION IM21 PROVEMENTS.— 

22 (A) EQUIPMENT LEAKS OF BENZENE.— 

23 Not later than 3 years after the date of enact24 ment of this Act, the Administrator shall pro25 mulgate a final rule modifying section 61.112 


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1 of title 40, Code of Federal Regulations (as in 

2 effect on the date of enactment of this Act) 

3 that strikes subsection (c). 

4 (B) BENZENE WASTE OPERATIONS.—Not 

5 later than 3 years after the date of enactment 

6 of this Act, the Administrator shall promulgate 

7 a final rule modifying subpart FF of part 61 of 

8 title 40, Code of Federal Regulations (as in ef9 fect on the date of enactment of this Act), to 

10 ensure that— 

11 (i) the term ‘‘no detectable emissions’’ 

12 is defined to mean an instrument reading 

13 of less than 50 parts per million above 

14 background concentrations; and 

15 (ii) the term ‘‘leak’’ is defined to 

16 mean an instrument reading of greater 

17 than or equal to 50 parts per million above 

18 background concentrations. 

19 (C) MAXIMUM ACHIEVABLE CONTROL

20 TECHNOLOGY STANDARDS FOR COVERED FA21 CILITIES.—Not later than 3 years after the 

22 date of enactment of this Act, the Adminis23 trator shall— 

24 (i) promulgate a final rule modifying 

25 subpart YY of part 63 of title 40, Code of 


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1 Federal Regulations (as in effect on the 

2 date of enactment of this Act), to ensure 

3 that— 

4 (I) the generic maximum achiev5 able control technology standards de6 scribed in that subpart— 

7 (aa) require no detectable 

8 emissions of hazardous air pollut9 ants, unless the Administrator— 

10 (AA) determines that 

11 the maximum degree of re12 duction in emissions of haz13 ardous air pollutants achiev14 able pursuant to section 

15 112(d)(2) of the Clean Air 

16 Act (42 U.S.C. 7412(d)(2)) 

17 justifies higher limits; and 

18 (BB) publishes the de19 termination under subitem 

20 (AA) and the proposed high21 er limits in a rulemaking; 

22 (bb) ensure an ample mar23 gin of safety to protect public 

24 health and prevent an adverse 

25 environmental effect; and 


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1 (cc) prevent adverse cumu2 lative effects to fetal health, the 

3 health of children, and the health 

4 of vulnerable subpopulations; and 

5 (II) the term ‘‘no detectable 

6 emissions’’, as required under sub7 clause (I)(aa), is defined to mean an 

8 instrument reading of less than 50 

9 parts per million above background 

10 concentrations; and 

11 (ii) in promulgating the final rule re12 quired in clause (i)(I), consider— 

13 (I) the effects and risks of expo14 sure from multiple sources of haz15 ardous air pollutants under the sub16 part modified under that clause; and 

17 (II) the best available science, in18 cluding science provided by the Na19 tional Academies of Science. 

20 (e) CLEAN WATER.— 

21 (1) REVISED EFFLUENT LIMITATION GUIDE22 LINES FOR THE ORGANIC CHEMICAL, PLASTICS, AND

23 SYNTHETIC FIBERS INDUSTRIAL CATEGORY.— 

24 (A) BAT AND NSPS STANDARDS FOR PLAS25 TIC POLYMER PRODUCTION.—Not later than 3 


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1 years after the date of enactment of this Act, 

2 the Administrator shall promulgate a final 

3 rule— 

4 (i) that ensures that the best available 

5 technology limitations described in part 

6 414 of title 40, Code of Federal Regula7 tions (as modified under clause (ii)) applies 

8 to covered facilities that produce fewer 

9 than 5,000,001 pounds of covered products 

10 per year; 

11 (ii) modifying part 414 of title 40, 

12 Code of Federal Regulations (as in effect 

13 on the date of enactment of this Act), to 

14 ensure that the best available technology 

15 and new source performance standard re16 quirements under that part reflect updated 

17 best available technology and best available 

18 demonstrated control technology for all 

19 pollutants discharged by covered facilities 

20 that produce covered products, including 

21 pollutants of concern that are not regu22 lated on the date of enactment of this Act; 

23 and 

24 (iii) modifying sections 414.91(b), 

25 414.101(b), and 414.111(b) of title 40, 


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1 Code of Federal Regulations (as in effect 

2 on the date of enactment of this Act) to 

3 ensure that— 

4 (I) for new source performance 

5 standards for applicable covered facili6 ties producing covered products, the 

7 maximum effluent limit for any 1 day 

8 and for any monthly average for the 

9 priority pollutants described in appen10 dix A to part 423 of title 40, Code of 

11 Federal Regulations (as in effect on 

12 the date of enactment of this Act), is 

13 0 milligrams per liter unless the Ad14 ministrator— 

15 (aa) determines that higher 

16 limits are justified using best 

17 available demonstrated control 

18 technology; and 

19 (bb) publishes the deter20 mination under item (aa) and the 

21 proposed higher limits in a rule22 making; and 

23 (II) for best available technology 

24 and new source performance stand25 ards, the maximum effluent limit for 


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1 any 1 day and for any monthly aver2 age for total plastic pellets and other 

3 plastic material is 0 milligrams per 

4 liter. 

5 (B) EFFLUENT LIMITATIONS FOR WASTE6 WATER, SPILLS, AND RUNOFF FROM PLASTIC

7 POLYMER PRODUCTION FACILITIES, PLASTIC

8 MOLDING AND FORMING FACILITIES, AND

9 OTHER POINT SOURCES ASSOCIATED WITH THE

10 TRANSPORT AND PACKAGING OF PLASTIC PEL11 LETS OR OTHER PRE-PRODUCTION PLASTIC MA12 TERIALS.—Not later than 60 days after the 

13 date of enactment of this Act, the Adminis14 trator shall promulgate a final rule to ensure 

15 that— 

16 (i) the discharge of plastic pellets or 

17 other pre-production plastic materials (in18 cluding discharge into wastewater and 

19 other runoff) from facilities regulated 

20 under part 414 or 463 of title 40, Code of 

21 Federal Regulations (as in effect on the 

22 date of enactment of this Act), is prohib23 ited; 

24 (ii) the discharge of plastic pellets or 

25 other pre-production plastic materials (inVerDate Sep 11 2014 22:11 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984

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1 cluding discharge into wastewater and 

2 other runoff) from a point source (as de3 fined in section 502 of the Federal Water 

4 Pollution Control Act (33 U.S.C. 1362)) 

5 that makes, uses, packages, or transports 

6 those plastic pellets and other pre-produc7 tion plastic materials is prohibited; and 

8 (iii) the requirements under clauses 

9 (i) and (ii) are reflected in— 

10 (I) all wastewater, stormwater, 

11 and other permits issued by the Ad12 ministrator and State-delegated pro13 grams under section 402 of the Fed14 eral Water Pollution Control Act (33 

15 U.S.C. 1342) to facilities and other 

16 point sources (as defined in section 

17 502 of that Act (33 U.S.C. 1362)) 

18 that make, use, package, or transport 

19 plastic pellets or other pre-production 

20 plastic materials, as determined by 

21 the Administrator, in addition to 

22 other applicable limits and standards; 

23 and 

24 (II) all standards of performance 

25 promulgated under section 312(p) of 


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1 the Federal Water Pollution Control 

2 Act (33 U.S.C. 1322(p)) that are ap3 plicable to point sources (as defined in 

4 section 502 of that Act (33 U.S.C. 

5 1362)) that make, use, package, or 

6 transport plastic pellets or other pre7 production plastic materials, as deter8 mined by the Administrator. 

9 (2) REVISED EFFLUENT LIMITATIONS GUIDE10 LINES FOR ETHYLENE AND PROPYLENE PRODUC11 TION.— 

12 (A) BAT AND NSPS STANDARDS.—Not 

13 later than 3 years after the date of enactment 

14 of this Act, the Administrator shall promulgate 

15 a final rule— 

16 (i) modifying sections 419.23, 419.26, 

17 419.33, and 419.36 of title 40, Code of 

18 Federal Regulations (as in effect on the 

19 date of enactment of this Act), to ensure 

20 that the best available technology and new 

21 source performance standards reflect up22 dated best available technology and best 

23 available demonstrated control technology 

24 for all pollutants discharged by covered faVerDate Sep 11 2014 22:11 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S984.IS S984

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1 cilities producing ethylene or propylene; 

2 and 

3 (ii) modifying sections 419.26(a) and 

4 419.36(a) of title 40, Code of Federal Reg5 ulations (as in effect on the date of enact6 ment of this Act), to ensure that the new 

7 source performance standards for any 1 

8 day and for average of daily values for 30 

9 consecutive days for the priority pollutants 

10 described in appendix A to part 423 of 

11 title 40, Code of Federal Regulations (as 

12 in effect on the date of enactment of this 

13 Act), is 0 milligrams per liter unless the 

14 Administrator— 

15 (I) determines that higher limits 

16 are necessary based on the best avail17 able demonstrated control technology; 

18 and 

19 (II) the Administrator publishes 

20 the determination under item (aa) and 

21 the proposed higher limits in a rule22 making. 

23 (B) RUNOFF LIMITATIONS FOR ETHYLENE

24 AND PROPYLENE PRODUCTION.—Not later than 

25 3 years after the date of enactment of this Act, 


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1 the Administrator shall promulgate a final rule 

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

3 title 40, Code of Federal Regulations (as in ef4 fect on the date of enactment of this Act), to 

5 ensure that runoff limitations that reflect best 

6 available demonstrated control technology are 

7 included. 

8 (f) ENVIRONMENTAL JUSTICE REQUIREMENTS FOR

9 COVERED FACILITY PERMITS.— 

10 (1) IN GENERAL.—Not later than 3 years after 

11 the date of enactment of this Act, the Administrator 

12 shall promulgate a final rule to ensure that— 

13 (A) any proposed permit to be issued by 

14 the Administrator or by a State agency dele15 gated authority under the Clean Air Act (42 

16 U.S.C. 7401 et seq.) or the Federal Water Pol17 lution Control Act (33 U.S.C. 1251 et seq.) 

18 with respect to a covered facility is accompanied 

19 by an environmental justice assessment that— 

20 (i) assesses the direct and cumulative 

21 economic, environmental, and public health 

22 impacts of the proposed permit on front23 line communities; and 

24 (ii) proposes changes or alterations to 

25 the proposed permit that would, to the 


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1 maximum extent practicable, eliminate or 

2 mitigate the impacts described in clause 

3 (i); 

4 (B) each proposed permit and environ5 mental justice assessment described in subpara6 graph (A) is delivered to applicable frontline 

7 communities at the beginning of the public com8 ment period for the proposed permit, which 

9 shall include notification— 

10 (i) through direct means; 

11 (ii) through publications likely to be 

12 obtained by residents of the frontline com13 munity, including non-English language 

14 publications; and 

15 (iii) in the form of a public hearing in 

16 the frontline community— 

17 (I) for which public notice is pro18 vided— 

19 (aa) not less than 60 days 

20 before the date on which the pub21 lic hearing is to be held; and 

22 (bb) using the means de23 scribed in clauses (i) and (ii); 

24 and 


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1 (II) for which translation services 

2 (as defined in section 12001 of the 

3 Solid Waste Disposal Act) are pro4 vided; and 

5 (III) that is accessible through 

6 live-streaming or alternative video 

7 streaming services for which trans8 lation services (as so defined) are pro9 vided; 

10 (C) the Administrator or a State agency 

11 delegated authority under the Clean Air Act 

12 (42 U.S.C. 7401 et seq.) or the Federal Water 

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

14 as applicable, shall not approve a proposed per15 mit described in subparagraph (A) unless— 

16 (i) changes or alterations have been 

17 incorporated into the proposed permit that, 

18 to the maximum extent practicable, elimi19 nate or mitigate the environmental justice 

20 impacts described in subparagraph (A)(i); 

21 and 

22 (ii) the changes or alterations de23 scribed in clause (i) have been developed 

24 with meaningful input from residents or 

25 representatives of the frontline community 


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1 in which the covered facility to which the 

2 proposed permit would apply is located or 

3 seeks to locate; 

4 (D) the Administrator or a State agency 

5 delegated authority under the Clean Air Act 

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

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

8 as applicable, shall not approve a proposed per9 mit described in subparagraph (A) during the 

10 45-day period beginning on the date on which 

11 a public hearing described in subparagraph 

12 (B)(iii) is held for the proposed permit; and 

13 (E) the approval of a proposed permit de14 scribed in subparagraph (A) is conditioned on 

15 the covered facility providing comprehensive 

16 fenceline monitoring and response strategies 

17 that fully protect public health and safety and 

18 the environment in frontline communities. 

19 (2) REQUIREMENT.—The Administrator shall 

20 develop the final rule required under paragraph (1) 

21 with input from— 

22 (A) residents of frontline communities; and 

23 (B) representatives of frontline commu24 nities. 


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1 (g) EXTENDED PRODUCER RESPONSIBILITY FOR

2 INTERNATIONAL PLASTIC EXPORTS.—The temporary 

3 pause on the export of covered products under subsection 

4 (b)(4) shall remain in place until the Secretary of Com5 merce promulgates a final rule that— 

6 (1) requires the tracking of covered products 

7 from sale to disposal; 

8 (2) prohibits the export of covered products to 

9 purchasers that convert those plastics into single-use 

10 plastics or energy; 

11 (3) requires the Secretary of Commerce, not 

12 less frequently than once every 2 years and in con13 sultation with the Administrator and the Secretary 

14 of Health and Human Services, to publish a report 

15 measuring and evaluating the environmental and en16 vironmental justice impacts of exporting covered 

17 products from sale to disposal; and 

18 (4) establishes enforceable mechanisms for sell19 ers or purchasers of covered products to mitigate the 

20 environmental and environmental justice impacts of 

21 those covered products from sale to disposal. 

Æ 


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