(D) the export of covered products is pro-
hibited. 
(2) EXCEPTION.—Paragraph (1) does not apply 
to a permit described in that paragraph for a facility 
that is— 
(A) a material recovery facility; 
(B) a mechanical recycling facility; or 
(C) a compost facility. 
(d) CLEAN AIR REQUIREMENTS FOR COVERED FA-
CILITIES.— 
(1) TIMELY
REVISION
OF
EMISSIONS
STAND-
ARDS.—Section 111(b)(1)(B) of the Clean Air Act 
(42 U.S.C. 7411(b)(1)(B)) is amended by striking 
the fifth sentence. 
(2) NEW
SOURCE
PERFORMANCE
STANDARDS 
FOR CERTAIN FACILITIES.—Not later than 3 years 
after the date of enactment of this Act, the Adminis-
trator shall promulgate a final rule— 
(A) designating petrochemical feedstock 
and polymer production facilities as a category 
of stationary source under section 111(b)(1)(A) 
of 
the 
Clean 
Air 
Act 
(42 
U.S.C. 
7411(b)(1)(A)); and 
(B) establishing new source performance 
standards for the category of stationary source 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
designated under subparagraph (A) under sec-
tion 111(f)(1) of the Clean Air Act (42 U.S.C. 
7411(f)(1)). 
(3) STORAGE
VESSELS
FOR
COVERED
PROD-
UCTS.—Not later than 3 years after the date of en-
actment of this Act, the Administrator shall promul-
gate a final rule modifying section 60.112b(a) of 
title 40, Code of Federal Regulations (as in effect on 
the date of enactment of this Act), to ensure that an 
owner or operator of a storage vessel containing liq-
uid with a vapor pressure of equal to or more than 
5 millimeters of mercury under actual storage condi-
tions that is regulated under that section uses— 
(A) an internal floating roof tank con-
nected to a volatile organic compound control 
device; or 
(B) a fixed-roof tank connected to a vola-
tile organic compound control device. 
(4) FLARING.—Not later than 1 year after the 
date of enactment of this Act, the Administrator 
shall promulgate a final rule— 
(A) modifying title 40, Code of Federal 
Regulations (as in effect on the date of enact-
ment of this Act), to ensure that flaring, either 
at ground-level or elevated, shall only be per-
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
mitted when necessary solely for safety reasons; 
and 
(B) modifying sections 60.112b(a)(3)(ii), 
60.115b(d)(1), 
60.482–10a(d), 
60.662(b), 
60.702(b), and 60.562–1(a)(1)(i)(C) of title 40, 
Code of Federal Regulations (as in effect on the 
date of enactment of this Act), to ensure that— 
(i) references to flare standards under 
those sections refer to the flare standards 
established under subparagraph (A); and 
(ii) the flare standards under those 
sections are, without exception, continu-
ously applied. 
(5) SOCMI EQUIPMENT
LEAKS.—Not later 
than 3 years after the date of enactment of this Act, 
the Administrator shall promulgate a final rule— 
(A) modifying section 60.482–1a of title 
40, Code of Federal Regulations (as in effect on 
the date of enactment of this Act), to ensure 
that owners and operators use process units 
and components with a leak-less or seal-less de-
sign; 
(B) modifying section 60.482–1a(f) of title 
40, Code of Federal Regulations (as in effect on 
the date of enactment of this Act), to ensure 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
that owners and operators use optical gas imag-
ing monitoring pursuant to section 60.5397a of 
title 40, Code of Federal Regulations (as in ef-
fect on the date of enactment of this Act), on 
a quarterly basis, unless the owner or operator 
receives approval from the Administrator in 
writing to use Method 21 of the Environmental 
Protection Agency (as described in appendix A– 
7 of part 60 of title 40, Code of Federal Regu-
lations (as in effect on the date of enactment of 
this Act)) with a repair threshold of 500 parts 
per million; 
(C) modifying 60.482–6a of title 40, Code 
of Federal Regulations (as in effect on the date 
of enactment of this Act), to ensure that the 
use of open-ended valves or lines is prohibited 
except if a showing is made that the use of an 
open-ended valve or line is necessary for safety 
reasons; and 
(D) modifying subpart VVa of part 60 of 
title 40, Code of Federal Regulations (as in ef-
fect on the date of enactment of this Act) to en-
sure that— 
(i) the term ‘‘no detectable emissions’’ 
is defined to mean an instrument reading 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
of less than 50 parts per million above 
background concentrations; and 
(ii) the term ‘‘leak’’ is defined to 
mean an instrument reading of greater 
than or equal to 50 parts per million above 
background concentrations. 
(6) NATURAL-GAS
FIRED
STEAM
BOILERS.— 
Not later than 3 years after the date of enactment 
of this Act, the Administrator shall promulgate a 
final rule revising subpart Db of part 60 of title 40, 
Code of Federal Regulations (as in effect on the 
date of enactment of this Act), to ensure that boilers 
or heaters located at an affected covered facility reg-
ulated under that subpart may only burn gaseous 
fuels, not solid fuels or liquid fuels. 
(7) NATIONAL EMISSION STANDARDS FOR HAZ-
ARDOUS
AIR
POLLUTANTS
IMPLEMENTATION
IM-
PROVEMENTS.— 
(A) EQUIPMENT
LEAKS
OF
BENZENE.— 
Not later than 3 years after the date of enact-
ment of this Act, the Administrator shall pro-
mulgate a final rule modifying section 61.112 
of title 40, Code of Federal Regulations (as in 
effect on the date of enactment of this Act) 
that strikes subsection (c). 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
(B) BENZENE WASTE OPERATIONS.—Not 
later than 3 years after the date of enactment 
of this Act, the Administrator shall promulgate 
a final rule modifying subpart FF of part 61 of 
title 40, Code of Federal Regulations (as in ef-
fect on the date of enactment of this Act), to 
ensure that— 
(i) the term ‘‘no detectable emissions’’ 
is defined to mean an instrument reading 
of less than 50 parts per million above 
background concentrations; and 
(ii) the term ‘‘leak’’ is defined to 
mean an instrument reading of greater 
than or equal to 50 parts per million above 
background concentrations. 
(C) 
MAXIMUM
ACHIEVABLE
CONTROL 
TECHNOLOGY
STANDARDS
FOR
COVERED
FA-
CILITIES.—Not later than 3 years after the 
date of enactment of this Act, the Adminis-
trator shall— 
(i) promulgate a final rule modifying 
subpart YY of part 63 of title 40, Code of 
Federal Regulations (as in effect on the 
date of enactment of this Act), to ensure 
that— 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
(I) the generic maximum achiev-
able control technology standards de-
scribed in that subpart— 
(aa) require no detectable 
emissions of hazardous air pollut-
ants, unless the Administrator— 
(AA) determines that 
the maximum degree of re-
duction in emissions of haz-
ardous air pollutants achiev-
able pursuant to section 
112(d)(2) of the Clean Air 
Act (42 U.S.C. 7412(d)(2)) 
justifies higher limits; and 
(BB) publishes the de-
termination under subitem 
(AA) and the proposed high-
er limits in a rulemaking; 
(bb) ensure an ample mar-
gin of safety to protect public 
health and prevent an adverse 
environmental effect; and 
(cc) prevent adverse cumu-
lative effects to fetal health, the 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
health of children, and the health 
of vulnerable subpopulations; and 
(II) the term ‘‘no detectable 
emissions’’, as required under sub-
clause (I)(aa), is defined to mean an 
instrument reading of less than 50 
parts per million above background 
concentrations; and 
(ii) in promulgating the final rule re-
quired in clause (i)(I), consider— 
(I) the effects and risks of expo-
sure from cumulative sources of haz-
ardous air pollutants under the sub-
part modified under that clause; and 
(II) the best available science, in-
cluding science provided by the Na-
tional Academies of Science. 
(8) MONITORING.—Not later than 3 years after 
the date of enactment of this Act, the Administrator 
shall promulgate a final rule revising subparts DDD, 
NNN, RRR, and other relevant subparts of part 60 
of title 40, Code of Federal Regulations (as in effect 
on the date of enactment of this Act)— 
(A) to require continuous emissions moni-
toring of benzene, nitrogen oxides, sulfur diox-
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
ide, carbon monoxide, and filterable particulate 
matter for all combustion devices except for 
non-enclosed flares, including during startups, 
shutdowns, and malfunctions of the facilities 
regulated by those subparts; 
(B) to require— 
(i) accurate and continuous record-
keeping when continuous emissions moni-
toring is required under subparagraph (A); 
and 
(ii) the records required under clause 
(i) to be made available to the public in 
real time; 
(C) to require continuous fenceline moni-
toring of emissions from combustion devices 
under section 63.658 of title 40, Code of Fed-
eral Regulations (as in effect on the date of en-
actment of this Act), for nitrogen oxides, sulfur 
dioxide, carbon monoxide, filterable and conden-
sable particulate matter, and all other relevant 
hazardous air pollutants; and 
(D) to ensure that the continuous moni-
toring of combustion devices required under 
subparagraphs (A) and (C) are used to deter-
mine the compliance of facilities regulated by 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
those subparts with the Clean Air Act (42 
U.S.C. 7401 et seq.). 
(e) CLEAN WATER REQUIREMENTS FOR COVERED 
FACILITIES.— 
(1) BAT AND NSPS STANDARDS FOR PLASTIC 
POLYMER
PRODUCTION.—Not later than 3 years 
after the date of enactment of this Act, the Adminis-
trator shall promulgate a final rule— 
(A) that ensures that the best available 
technology limitations described in part 414 of 
title 40, Code of Federal Regulations (as modi-
fied under subparagraph (B)) applies to covered 
facilities that produce fewer than 5,000,001 
pounds of covered products per year; 
(B) modifying part 414 of title 40, Code of 
Federal Regulations (as in effect on the date of 
enactment of this Act), to ensure that the best 
available technology and new source perform-
ance standard requirements under that part re-
flect updated best available technology and best 
available demonstrated control technology for 
all pollutants discharged by covered facilities 
that produce covered products, including pollut-
ants of concern that are not regulated on the 
date of enactment of this Act; and 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
(C) 
modifying 
sections 
414.91(b), 
414.101(b), and 414.111(b) of title 40, Code of 
Federal Regulations (as in effect on the date of 
enactment of this Act) to ensure that— 
(i) for new source performance stand-
ards for applicable covered facilities pro-
ducing covered products, the maximum ef-
fluent limit for any 1 day and for any 
monthly average for the priority pollutants 
described in appendix A to part 423 of 
title 40, Code of Federal Regulations (as 
in effect on the date of enactment of this 
Act), is 0 milligrams per liter unless the 
Administrator— 
(I) determines that higher limits 
are justified using best available dem-
onstrated control technology; and 
(II) publishes the determination 
under subclause (I) and the proposed 
higher limits in a rulemaking; and 
(ii) for best available technology and 
new source performance standards, the 
maximum effluent limit for any 1 day and 
for any monthly average for total plastic 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
pellets and other plastic material is 0 milli-
grams per liter. 
(2) REVISED EFFLUENT LIMITATIONS GUIDE-
LINES FOR PETROCHEMICAL FEEDSTOCK AND POLY-
MER PRODUCTION.— 
(A) BAT AND
NSPS
STANDARDS.—Not 
later than 3 years after the date of enactment 
of this Act, the Administrator shall promulgate 
a final rule— 
(i) modifying sections 419.23, 419.26, 
419.33, and 419.36 of title 40, Code of 
Federal Regulations (as in effect on the 
date of enactment of this Act), to ensure 
that the best available technology and new 
source performance standards reflect up-
dated best available technology and best 
available demonstrated control technology 
for all pollutants discharged by covered fa-
cilities producing petrochemical feedstocks 
and polymers; and 
(ii) modifying sections 419.26(a) and 
419.36(a) of title 40, Code of Federal Reg-
ulations (as in effect on the date of enact-
ment of this Act), to ensure that the new 
source performance standards for any 1 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
day and for average of daily values for 30 
consecutive days for the priority pollutants 
described in appendix A to part 423 of 
title 40, Code of Federal Regulations (as 
in effect on the date of enactment of this 
Act), is 0 milligrams per liter unless the 
Administrator— 
(I) determines that higher limits 
are necessary based on the best avail-
able demonstrated control technology; 
and 
(II) the Administrator publishes 
the determination under subclause (I) 
and the proposed higher limits in a 
rulemaking. 
(B) RUNOFF LIMITATIONS FOR ETHYLENE 
AND PROPYLENE PRODUCTION.—Not later than 
3 years after the date of enactment of this Act, 
the Administrator shall promulgate a final rule 
modifying sections 419.26(e) and 419.36(e) of 
title 40, Code of Federal Regulations (as in ef-
fect on the date of enactment of this Act), to 
ensure that runoff limitations that reflect best 
available demonstrated control technology are 
included. 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
(f) ENVIRONMENTAL JUSTICE REQUIREMENTS FOR 
COVERED FACILITIES.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Administrator 
shall promulgate a final rule to ensure that— 
(A) any proposed permit to be issued by 
the Administrator or by a State agency dele-
gated authority under the Clean Air Act (42 
U.S.C. 7401 et seq.) or the Federal Water Pol-
lution Control Act (33 U.S.C. 1251 et seq.) 
with respect to a covered facility is accompanied 
by an environmental justice assessment that— 
(i) assesses the direct, indirect, and 
cumulative economic, environmental, and 
public health impacts of the proposed per-
mit on fenceline communities; and 
(ii) proposes changes or alterations to 
the proposed permit that would, to the 
maximum extent practicable, eliminate or 
mitigate the impacts described in clause 
(i); 
(B) each proposed permit and environ-
mental justice assessment described in subpara-
graph (A) is delivered to applicable fenceline 
communities at the beginning of the public com-
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
ment period for the proposed permit for pur-
poses of notification and consultation, which 
shall include— 
(i) prompt notification— 
(I) through direct means, includ-
ing in non-English languages for lim-
ited English proficiency individuals; 
(II) through publications likely to 
be obtained by residents of the 
fenceline community, including non- 
English language publications; and 
(III) in the form of a public 
hearing in the fenceline community— 
(aa) for which public notice 
is provided— 
(AA) not less than 60 
days before the date on 
which the public hearing is 
to be held; and 
(BB) using the means 
described in subclauses (I) 
and (II); 
(bb) for which translation 
services are provided; and 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
(cc) 
that 
is 
accessible 
through live-streaming or alter-
native video streaming services 
for which translation services are 
provided; and 
(ii) after the prompt notification re-
quired under clause (i), consultation that— 
(I) facilitates effective collabora-
tion and informed policymaking that 
further recognizes the importance of 
regular communication and collabora-
tion with fenceline communities, re-
gardless of whether specific regulatory 
or policy changes are being consid-
ered; 
(II) seeks information and input 
from fenceline communities by solic-
iting the collaboration, cooperation, 
and participation of those fenceline 
communities; 
(III) includes an in-person meet-
ing or a telephone conference that— 
(aa) is in a location, if appli-
cable, that is selected by those 
engaged in the consultation to be 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
mutually accessible to representa-
tives of fenceline communities 
and applicable State or Federal 
government participants; and 
(bb) removes institutional 
and procedural impediments that 
adversely affect working directly 
with fenceline communities; 
(IV) ensures that any health or 
environmental 
concerns 
raised 
by 
fenceline communities with be prop-
erly invested and considered in deci-
sions to grant or deny the proposed 
permit; and 
(V) explains to the representa-
tives of the fenceline community the 
range of resulting actions that the Ad-
ministrator or State agency may take; 
and 
(C) the Administrator or a State agency 
delegated authority under the Clean Air Act 
(42 U.S.C. 7401 et seq.) or the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), 
as applicable, shall not approve a proposed per-
mit described in subparagraph (A) unless— 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
(i) changes or alterations have been 
incorporated into the revised proposed per-
mit that, to the maximum extent prac-
ticable, eliminate or mitigate the environ-
mental justice impacts described in sub-
paragraph (A)(i); 
(ii) the changes or alterations de-
scribed in clause (i) have been developed 
with meaningful input from residents or 
representatives of the fenceline community 
in which the covered facility to which the 
proposed permit would apply is located or 
seeks to locate; and 
(iii) the permit includes a community 
benefit agreement that— 
(I) has been entered into after 
the prompt notification and consulta-
tion required under clauses (i) and 
(ii), respectively, of subparagraph (B); 
and 
(II) stipulates the benefits the 
covered facility agrees to fund or fur-
nish in exchange for community sup-
port for the covered facility, which 
may include— 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB
(aa) commitments to hire di-
rectly from a community; 
(bb) contributions to eco-
nomic and health trust funds; 
(cc) local workforce training 
guarantees; 
(dd) increased pollution con-
trol technologies; 
(ee) operation restrictions; 
(ff) 
financial 
assurances; 
and 
(gg) siting restrictions; 
(D) the Administrator or a State agency 
delegated authority under the Clean Air Act 
(42 U.S.C. 7401 et seq.) or the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), 
as applicable, shall not approve a proposed per-
mit described in subparagraph (A) during the 
45-day period beginning on the date on which 
a public hearing described in subparagraph 
(B)(i)(III) is held for the proposed permit; and 
(E) the approval of a proposed permit de-
scribed in subparagraph (A) is conditioned on 
the covered facility providing comprehensive 
third-party fenceline monitoring and response 
VerDate Sep 11 2014 
04:05 Dec 06, 2022
Jkt 039200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H9388.IH
H9388
pbinns on DSKJLVW7X2PROD with $$_JOB