117 
‘‘(c) REQUIREMENTS.—In carrying out the pilot pro-
gram, the Administrator shall include the testing of— 
‘‘(1) natural infrastructure; 
‘‘(2) green infrastructure (as defined in section 
502 of the Federal Water Pollution Control Act (33 
U.S.C. 1362)); and 
‘‘(3) mechanical removal systems (such as 
pumps) and filtration technologies. 
‘‘(d) ELIGIBLE PILOT PROGRAM LOCATIONS.—In 
carrying out the pilot program, the Administrator may 
carry out projects located in— 
‘‘(1) stormwater systems; 
‘‘(2) wastewater treatment facilities; 
‘‘(3) drinking water systems; 
‘‘(4) ports, harbors, inland waterways, estu-
aries, and marine environments; and 
‘‘(5) roadways, highways, and other streets 
used for vehicular travel. 
‘‘(e) OUTREACH.—In determining selection criteria 
and projects to carry out under the pilot program, the Ad-
ministrator shall conduct outreach to— 
‘‘(1) the Interagency Marine Debris Coordi-
nating Committee established under section 5(a) of 
the Marine Debris Act (33 U.S.C. 1954(a)); and 
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‘‘(2) stakeholders and experts in the applicable 
field, as determined by the Administrator. 
‘‘(f) REPORTS.— 
‘‘(1) INITIAL
REPORT.—Not later than 180 
days after the date of enactment of this subtitle, the 
Administrator shall submit to Congress a report de-
scribing the outreach conducted under subsection 
(e). 
‘‘(2) SUBSEQUENT REPORT.—Not later than 3 
years after the date on which the Administrator es-
tablishes the pilot program, the Administrator shall 
submit to Congress a report describing the effective-
ness of projects carried out under the pilot program. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
‘‘SEC. 12505. GRANT PROGRAM TO SUPPORT INNOVATION 
IN PACKAGING REDUCTION AND REUSE. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this subtitle, the Administrator shall 
establish a competitive grant program (referred to in this 
section as the ‘program’) to provide grants to eligible enti-
ties described in subsection (c) to carry out pilot-scale 
packaging reduction or reuse projects in accordance with 
this section. 
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‘‘(b) OBJECTIVES.—To be eligible for a grant under 
the program, a pilot-scale packaging reduction or reuse 
project shall evaluate the efficacy and cost-effectiveness of 
tools, technologies, and techniques for 1 or more of the 
following objectives: 
‘‘(1) Expanding reuse and refill programs for— 
‘‘(A) cleaning materials; 
‘‘(B) bulk food products; and 
‘‘(C) beverages. 
‘‘(2) Assessing best practices for eliminating or 
reducing the use of plastic produce bags. 
‘‘(3) Expanding consumer knowledge of reuse 
and refill programs. 
‘‘(4) Otherwise eliminating or reducing the use 
of single-use plastic bags, as determined by the Ad-
ministrator. 
‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 
a grant under the program, an entity shall be— 
‘‘(1) an institution of higher education; 
‘‘(2) a nonprofit organization; 
‘‘(3) a State, local, or Tribal government; 
‘‘(4) a for-profit organization; or 
‘‘(5) a public-private partnership. 
‘‘(d) PRIORITIES.—In awarding grants under the 
program, the Administrator shall— 
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‘‘(1) give priority to a project that achieves 
more than 1 of the objectives described in subsection 
(b); and 
‘‘(2) ensure that a grant is provided to carry 
out a project in each region of the Environmental 
Protection Agency. 
‘‘(e) REPORT.—Not later than 3 years after the date 
on which the Administrator establishes the program, the 
Administrator shall submit to Congress a report describ-
ing the effectiveness of the projects carried out under the 
program. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated from the Reduction, Re-
cycling, and Litter Cleanup Trust Fund established by 
section 9512 of the Internal Revenue Code of 1986 such 
sums as are necessary to carry out the pilot program. 
‘‘SEC. 12506. REPORT ON REUSE AND REFILL PRODUCT DE-
LIVERY SYSTEMS. 
‘‘(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this subtitle, and every 5 years there-
after, the Administrator shall make publicly available a re-
port on feasability and best practices relating to reuse and 
reusability within the following sectors: 
‘‘(1) Food service, including— 
‘‘(A) take out; 
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‘‘(B) delivery of prepared meals; and 
‘‘(C) meal kits. 
‘‘(2) Consumer food and beverage products. 
‘‘(3) Consumer cleaning products. 
‘‘(4) Consumer personal care products. 
‘‘(5) Transportation or shipping of wholesale 
and retail goods. 
‘‘(6) Other sectors, as identified by the Admin-
istrator. 
‘‘(b) OBJECTIVES.—The report under subsection (a) 
shall evaluate and summarize— 
‘‘(1) types of reuse and refill product delivery 
systems that can be best used at different scales; 
‘‘(2) job creation opportunities through the use 
or expansion of reuse and refill systems; 
‘‘(3) economic costs and benefits for— 
‘‘(A) the businesses that deploy reuse and 
refill technologies; and 
‘‘(B) the parties responsible for waste col-
lection and management; and 
‘‘(4) types of local, State, and Federal support 
needed to expand the use of reuse and refill sys-
tems.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Solid Waste Disposal Act (Public Law 89–272; 79 
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Stat. 997) is amended by inserting after the item relating 
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 ciga-
rettes. 
‘‘PART III—RECYCLING AND COMPOSTING 
‘‘Sec. 12301. Recycling and composting collection. 
‘‘Sec. 12302. Requirements for the production of products containing recycled 
content. 
‘‘Sec. 12303. Designing for the environment. 
‘‘Sec. 12304. Product labeling. 
‘‘Sec. 12305. ‘Do Not Flush’ labeling. 
‘‘Sec. 12306. Recycling and composting receptacle labeling. 
‘‘Sec. 12307. Prohibition on certain exports of waste. 
‘‘PART IV—LOCAL GOVERNMENT EFFORTS 
‘‘Sec. 12401. Protection of local governments. 
‘‘Sec. 12402. Clean Communities Program. 
‘‘PART V—REDUCTION OF OTHER SOURCES OF PLASTIC POLLUTION 
‘‘Sec. 12501. Study and action on derelict fishing gear. 
‘‘Sec. 12502. Mandatory filtration standard for clothes washers. 
‘‘Sec. 12503. Study and action on microfiber pollution reduction. 
‘‘Sec. 12504. Microplastics pilot program. 
‘‘Sec. 12505. Grant program to support innovation in packaging reduction and 
reuse. 
‘‘Sec. 12506. Report on reuse and refill product delivery systems.’’. 
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SEC. 3. IMPOSITION OF TAX ON CARRYOUT BAGS. 
(a) GENERAL RULE.—Chapter 31 of the Internal 
Revenue Code of 1986 is amended by inserting after sub-
chapter C the following new subchapter: 
‘‘Subchapter D—Carryout Bags 
‘‘Sec. 4056. Imposition of tax. 
‘‘SEC. 4056. IMPOSITION OF TAX. 
‘‘(a) GENERAL RULE.—There is hereby imposed on 
any retail sale a tax on each carryout bag provided to a 
customer by an applicable entity. 
‘‘(b) AMOUNT OF TAX.—The amount of tax imposed 
by subsection (a) shall be $0.10 per carryout bag. 
‘‘(c) LIABILITY
FOR TAX.—The applicable entity 
shall be liable for the tax imposed by this section. 
‘‘(d) DEFINITIONS.—For purposes of this section— 
‘‘(1) APPLICABLE ENTITY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘applicable entity’ means— 
‘‘(i) any restaurant (as defined in sec-
tion 12001 of the Solid Waste Disposal 
Act), or 
‘‘(ii) any business which— 
‘‘(I) sells food, alcohol, or any 
other good or product to the public at 
retail, or 
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‘‘(II) elects to comply with the 
requirements under this section. 
‘‘(B) EXCEPTION.— 
‘‘(i) IN
GENERAL.—For purposes of 
this section, the term ‘applicable entity’ 
shall not include any entity described in 
subparagraph (A) if the State, or any local 
government or political subdivision thereof, 
in which such entity is located has been 
granted a waiver pursuant to clause (ii). 
‘‘(ii) WAIVER.—The Secretary shall 
prescribe rules providing for the waiver of 
application of this section with respect to 
any State, or any local government or po-
litical subdivision thereof, which has en-
acted a tax or fee on the provision of car-
ryout bags which is similar to the tax im-
posed under this section. 
‘‘(2) CARRYOUT BAG.— 
‘‘(A) IN
GENERAL.—The term ‘carryout 
bag’ means a bag of any material that is pro-
vided to a consumer at the point of sale to 
carry or cover purchases, merchandise, or other 
items. 
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‘‘(B) EXCEPTIONS.—Such term shall not 
include any product described in section 
12201(a)(2)(C) of the Solid Waste Disposal 
Act. 
‘‘(e) BAG TAX STATED SEPARATELY ON RECEIPT.— 
The tax imposed by subsection (a) shall be separately stat-
ed on the receipt of sale provided to the customer. 
‘‘(f) EXCEPTIONS.—The tax imposed under sub-
section (a) shall not apply to any carryout bag that is pro-
vided to a customer as part of a transaction in which the 
customer is purchasing any item using benefits received 
under the supplemental nutrition assistance program es-
tablished under the Food and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.) or the supplemental nutrition pro-
gram for women, infants, and children authorized under 
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
1786). 
‘‘(g) PENALTIES.— 
‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO-
LATION.—If any applicable entity fails to collect the 
tax imposed under subsection (a) or satisfy the re-
quirements under subsection (e), the Secretary shall 
provide such entity with written notification regard-
ing the violation of the requirements under such 
subsections. 
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‘‘(2) SUBSEQUENT VIOLATIONS.— 
‘‘(A) IN GENERAL.—If any applicable enti-
ty, subsequent to receiving a written notifica-
tion described in paragraph (1), fails to collect 
the tax imposed under subsection (a) or satisfy 
the requirements under subsection (e), such en-
tity shall pay a penalty in addition to the tax 
imposed under this section. 
‘‘(B) AMOUNT
OF
PENALTY.—For each 
violation during a calendar year, the amount of 
the penalty under subparagraph (A) shall be— 
‘‘(i) in the case of the first violation, 
$250, 
‘‘(ii) in the case of the second viola-
tion, $500, and 
‘‘(iii) in the case of the third violation 
or any subsequent violation, $1,000. 
‘‘(C) LIMITATION.—In the case of any ap-
plicable entity with less than $1,000,000 in 
total revenue for the year preceding the imposi-
tion of any penalty under this paragraph, any 
such penalty may not be imposed under this 
paragraph more than once during any 7-day pe-
riod. 
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‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or any regulations promulgated under this section 
shall preempt, limit, or supersede, or be interpreted to pre-
empt, limit, or supersede— 
‘‘(1) any law or regulation relating to any tax 
or fee on carryout bags which is imposed by a State 
or local government entity, or any political subdivi-
sion, agency, or instrumentality thereof, or 
‘‘(2) any additional fees imposed by any appli-
cable entity on carryout bags provided to its cus-
tomers.’’. 
(b) CARRYOUT BAG CREDIT PROGRAM.—Subchapter 
B of chapter 65 of such Code is amended by adding at 
the end the following new section: 
‘‘SEC. 6431. CARRYOUT BAG CREDIT PROGRAM. 
‘‘(a) ALLOWANCE OF CREDIT.—If— 
‘‘(1) tax has been imposed under section 4056 
on any carryout bag, 
‘‘(2) an applicable entity provides such bag to 
a customer in a point of sale transaction, and 
‘‘(3) such entity has kept and can produce 
records for purposes of this section and section 4056 
that include— 
‘‘(A) the total number of carryout bags 
provided to customers for which the tax was im-
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posed under section 4056(a) and the amounts 
passed through to customers for such bags pur-
suant to section 4056(e), and 
‘‘(B) the total number of bags for which a 
refund was provided to customers pursuant to 
a carryout bag credit program, 
the Secretary shall pay (without interest) to such entity 
an amount equal to the applicable amount for each bag 
provided by such entity in connection with a point of sale 
transaction. 
‘‘(b) APPLICABLE AMOUNT.—For purposes of sub-
section (a), the applicable amount is an amount equal to— 
‘‘(1) in the case of an applicable entity that has 
established a carryout bag credit program, $0.10, 
and 
‘‘(2) in the case of an applicable entity that has 
not established a carryout bag credit program, 
$0.04. 
‘‘(c) CARRYOUT BAG CREDIT PROGRAM.—For pur-
poses of this section, the term ‘carryout bag credit pro-
gram’ means a program established by an applicable entity 
which— 
‘‘(1) for each bag provided by the customer to 
package any items purchased from the applicable en-
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129 
tity, such entity refunds such customer $0.05 for 
each such bag from the total cost of their purchase, 
‘‘(2) separately states the amount of such re-
fund on the receipt of sale provided to the customer, 
and 
‘‘(3) prominently advertises such program at 
each entrance and checkout register of the applicable 
entity. 
‘‘(d) DEFINITIONS.—For purposes of this section, the 
terms ‘applicable entity’ and ‘carryout bag’ have the same 
meanings given such terms under section 4056(d).’’. 
(c) ESTABLISHMENT OF TRUST FUND.—Subchapter 
A of chapter 98 of such Code is amended by adding at 
the end the following: 
‘‘SEC. 9512. REDUCTION, RECYCLING, AND LITTER CLEAN-
UP TRUST FUND. 
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund 
to be known as the ‘Reduction, Recycling, and Litter 
Cleanup Trust Fund’ (referred to in this section as the 
‘Trust Fund’), consisting of such amounts as may be ap-
propriated or credited to the Trust Fund as provided in 
this section or section 9602(b). 
‘‘(b) TRANSFERS TO TRUST FUND.—There is hereby 
appropriated to the Trust Fund amounts equivalent to— 
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‘‘(1) the amounts received in the Treasury pur-
suant to section 4056; and 
‘‘(2) the amounts determined by the Secretary 
to be equivalent to the amounts of fees collected 
under section 12303(c) of the Solid Waste Disposal 
Act. 
‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts 
in the Trust Fund shall be available, as provided by appro-
priation Acts, for— 
‘‘(1) making payments under section 6431, 
‘‘(2) making grants for— 
‘‘(A) reusable carryout bags, and 
‘‘(B) recycling, reuse, and composting in-
frastructure and litter cleanup, and 
‘‘(3) carrying out the grant program to support 
innovation in packaging reduction and reuse under 
section 12505 of the Solid Waste Disposal Act.’’. 
(d) STUDY.—Not later than the date which is 18 
months after the date of enactment of this Act, the Comp-
troller General of the United States shall conduct a study 
on the effectiveness of sections 4056, 6431, and 9512 of 
the Internal Revenue Code of 1986 (as added by this Act) 
at reducing the use of carryout bags and encouraging the 
use of reusable bags. The report shall address— 
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(1) the use of plastic or paper single-use carry-
out bags during the period preceding the enactment 
of such sections, 
(2) the effect of such sections on the citizens 
and residents of the United States, including— 
(A) the percentage reduction in the use of 
plastic or paper single-use carryout bags as a 
result of the enactment of such sections, 
(B) the opinion among citizens and resi-
dents of the United States regarding the effect 
of such sections, disaggregated by race and in-
come level, and 
(C) the amount of substitution between 
other types of plastic bags for single-use carry-
out bags, 
(3) measures that the Comptroller General de-
termines may increase the effectiveness of such sec-
tions, including the amount of tax imposed on each 
carryout bag, and 
(4) any effects, both positive and negative, on 
United States businesses as a result of the enact-
ment of such sections, including costs, storage space, 
and changes in paper bag usage. 
The Comptroller General shall submit a report of such 
study to the Committee on Ways and Means of the House 
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132 
of Representatives and the Committee on Finance of the 
Senate. 
(e) CLERICAL AMENDMENTS.— 
(1) The table of subchapters for chapter 31 of 
such Code is amended by inserting after the item re-
lating to subchapter C the following new item: 
‘‘Subchapter D. Carryout bags.’’. 
(2) The table of sections for subchapter B of 
chapter 65 of such Code is amended by adding at 
the end the following new item: 
‘‘Sec. 6431. Carryout bag credit program.’’. 
(3) The table of sections for subchapter A of 
chapter 98 of such Code is amended by adding at 
the end the following new item: 
‘‘Sec. 9512. Reduction, recycling, and litter cleanup trust fund.’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2023. 
SEC. 4. CLEAN AIR, CLEAN WATER, AND ENVIRONMENTAL 
JUSTICE. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COVERED
FACILITY.—The term ‘‘covered 
facility’’ means— 
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(F) other plastic polymer raw materials in 
any form (including pellets, resin, nurdle, pow-
der, and flakes). 
(4) ENVIRONMENTAL JUSTICE.—The term ‘‘en-
vironmental justice’’ means the fair treatment and 
meaningful involvement of all individuals, regardless 
of race, color, national origin, educational level, or 
income, with respect to the development, implemen-
tation, and enforcement of environmental laws, regu-
lations, and policies to ensure that— 
(A) communities of color, indigenous com-
munities, and low-income communities have ac-
cess to public information and opportunities for 
meaningful public participation with respect to 
human health and environmental planning, reg-
ulations, and enforcement; 
(B) no community of color, indigenous 
community, or low-income community is ex-
posed to a disproportionate burden of the nega-
tive human health and environmental impacts 
of pollution or other environmental hazards; 
and 
(C) the 17 principles described in the docu-
ment entitled ‘‘The Principles of Environmental 
Justice’’, written and adopted at the First Na-
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tional People of Color Environmental Leader-
ship Summit held on October 24 through 27, 
1991, in Washington, DC, are upheld. 
(5) 
FENCELINE
MONITORING.—The 
term 
‘‘fenceline monitoring’’ means continuous, real-time 
monitoring of ambient air quality around the entire 
perimeter of a facility. 
(6) FRONTLINE COMMUNITY.— 
(A) IN
GENERAL.—The term ‘‘frontline 
community’’ means a community located near a 
covered facility that has experienced systemic 
socioeconomic disparities or other forms of in-
justice. 
(B) INCLUSIONS.—The term ‘‘frontline 
community’’ includes a low-income community, 
a community that includes indigenous peoples, 
and a community of color. 
(7) MATERIAL RECOVERY FACILITY.—The term 
‘‘material recovery facility’’ means a solid waste 
management facility that processes materials for 
reuse or recycling. 
(8) RENEWABLE ENERGY.—The term ‘‘renew-
able energy’’ means energy supplied by a project 
that uses wind, solar, geothermal, wave, current, 
tidal, or ocean thermal energy to generate electricity. 
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(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army, acting through the Chief 
of Engineers. 
(10) SINGLE-USE PLASTIC.— 
(A) IN GENERAL.—The term ‘‘single-use 
plastic’’ means a plastic product or packaging 
that is routinely disposed of, recycled, or other-
wise discarded after a single use. 
(B) EXCLUSIONS.—The term ‘‘single-use 
plastic’’ does not include— 
(i) medical food, supplements, devices, 
or other products determined by the Sec-
retary of Health and Human Services to 
necessarily be made of plastic for the pro-
tection of public health; or 
(ii) packaging that is— 
(I) for any product described in 
clause (i); or 
(II) used for the shipment of 
hazardous materials that is prohibited 
from being composed of used mate-
rials under section 178.509 or section 
178.522 of title 49, Code of Federal 
Regulations (as in effect on the date 
of enactment of this Act). 
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(11) TEMPORARY
PAUSE
PERIOD.—The term 
‘‘temporary pause period’’ means the period— 
(A) beginning on the date of enactment of 
this Act; and 
(B) ending on the date that is the first 
date on which all regulations required under 
subsections (d) and (e) are in effect. 
(12) ZERO-EMISSIONS ENERGY.— 
(A) IN GENERAL.—The term ‘‘zero-emis-
sions energy’’ means renewable energy the pro-
duction of which emits no greenhouse gases at 
the production source. 
(B) EXCLUSIONS.—The term ‘‘zero-emis-
sions energy’’ does not include any energy gen-
erated by— 
(i) a waste-to-energy technology; 
(ii) an incinerator; or 
(iii) any other similar technology, as 
determined by the Administrator. 
(b) TEMPORARY PAUSE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
during the temporary pause period, notwithstanding 
any other provision of law— 
(A) the Administrator shall not issue a 
new permit for a covered facility under— 
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138 
(i) the Clean Air Act (42 U.S.C. 7401 
et seq.); or 
(ii) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.); 
(B) the Secretary shall not issue a new 
permit for a covered facility under section 404 
of the Federal Water Pollution Control Act (33 
U.S.C. 1344); 
(C) the Administrator shall object in writ-
ing under subsections (b) and (c) of section 505 
of the Clean Air Act (42 U.S.C. 7661d) or sec-
tion 402(d)(2) of the Federal Water Pollution 
Control Act (33 U.S.C. 1342(d)(2)), as applica-
ble, to any new permit issued to a covered facil-
ity by 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.); and 
(D) subject to subsection (g), the export of 
covered products is prohibited. 
(2) EXCEPTION.—Paragraph (1) does not apply 
to a permit described in that paragraph for a facility 
that is— 
(A) a material recovery facility; or 
(B) a compost facility. 
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(c) STUDY.— 
(1) IN GENERAL.— 
(A) 
AGREEMENT.—The 
Administrator 
shall offer to enter into an agreement with the 
National Academy of Sciences and the National 
Institutes of Health to conduct a study of— 
(i) the existing and planned expansion 
of the industry of the producers of covered 
products, including the entire supply chain, 
the extraction and refining of feedstocks, 
end uses, disposal fate, and lifecycle im-
pacts of covered products; 
(ii) the environmental justice and pol-
lution impacts of covered facilities and the 
products of covered facilities; 
(iii) the existing standard technologies 
and practices of covered facilities with re-
spect to the discharge and emission of pol-
lutants into the environment; and 
(iv) the best available technologies 
and practices that reduce or eliminate the 
environmental justice and pollution im-
pacts of covered facilities and the products 
of covered facilities. 
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141 
(3) REPORT.—Not later than 18 months after 
the date of enactment of this Act, the Administrator 
shall submit to Congress a report describing the re-
sults of the study under paragraph (1). 
(d) CLEAN AIR.— 
(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) NATIONAL SOURCE PERFORMANCE STAND-
ARDS IMPLEMENTATION IMPROVEMENTS.— 
(A) ZERO-EMISSIONS ENERGY.—Not later 
than 3 years after the date of enactment of this 
Act, the Administrator shall promulgate a final 
rule requiring that— 
(i) covered facilities that manufacture 
olefins, including ethylene and propylene, 
use only zero-emissions energy sources, ex-
cept to the extent that waste gases are re-
cycled; and 
(ii) covered facilities that manufacture 
low-density polyethylene, linear low-density 
polyethylene, 
high-density 
polyethylene, 
styrene, vinyl chloride, or synthetic organic 
fibers use only zero-emissions energy 
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142 
sources, except to the extent that waste 
gases are recycled, unless the Adminis-
trator— 
(I) determines that under certain 
conditions (such as during the com-
mencement or shut down of produc-
tion at a covered facility), expendi-
tures of energy that are not from 
zero-emissions energy sources are re-
quired; and 
(II) publishes the determination 
under subclause (I) and a proposed 
mixture of zero-emissions energy and 
non-zero-emissions energy for those 
conditions in a rulemaking. 
(B) NEW SOURCE PERFORMANCE STAND-
ARDS
FOR
CERTAIN
FACILITIES.—Not later 
than 3 years after the date of enactment of this 
Act, the Administrator shall promulgate a final 
rule— 
(i) designating ethylene, propylene, 
polyethylene, and polypropylene 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 
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143 
(ii) establishing new source perform-
ance standards for the category of sta-
tionary source designated under clause (i) 
under section 111(f)(1) of the Clean Air 
Act (42 U.S.C. 7411(f)(1)). 
(C) STORAGE
VESSELS
FOR
COVERED 
PRODUCTS.—Not later than 3 years after the 
date of enactment of this Act, the Adminis-
trator shall promulgate a final rule modifying 
section 60.112b(a) of title 40, Code of Federal 
Regulations (as in effect on the date of enact-
ment of this Act), to ensure that an owner or 
operator of a storage vessel containing liquid 
with a vapor pressure of equal to or more than 
5 millimeters of mercury under actual storage 
conditions that is regulated under that section 
uses— 
(i) an internal floating roof tank con-
nected to a volatile organic compound con-
trol device; or 
(ii) a fixed-roof tank connected to a 
volatile organic compound control device. 
(D) FLARING.—Not later than 30 days 
after the date of enactment of this Act, the Ad-
ministrator shall promulgate a final rule— 
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144 
(i) modifying title 40, Code of Federal 
Regulations (as in effect on the date of en-
actment of this Act), to ensure that flar-
ing, either at ground-level or elevated, shall 
only be permitted when necessary solely for 
safety reasons; and 
(ii) 
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 en-
actment of this Act), to ensure that— 
(I) references to flare standards 
under those sections refer to the flare 
standards established under clause (i); 
and 
(II) the flare standards under 
those sections are, without exception, 
continuously applied. 
(E) SOCMI 
EQUIPMENT
LEAKS.—Not 
later than 3 years after the date of enactment 
of this Act, the Administrator shall promulgate 
a final rule— 
(i) modifying section 60.482–1a of 
title 40, Code of Federal Regulations (as 
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145 
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 design; 
(ii) 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 that owners and operators 
use optical gas imaging monitoring pursu-
ant to section 60.5397a of title 40, Code of 
Federal Regulations (as in effect on the 
date of enactment of this Act), on a quar-
terly basis, unless the owner or operator 
receives approval from the Administrator 
in writing to use Method 21 of the Envi-
ronmental Protection Agency (as described 
in appendix A–7 of part 60 of title 40, 
Code of Federal Regulations (as in effect 
on the date of enactment of this Act)) with 
a repair threshold of 500 parts per million; 
(iii) 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 
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146 
made that the use of an open-ended valve 
or line is necessary for safety reasons; and 
(iv) modifying subpart VVa of part 60 
of title 40, Code of Federal Regulations 
(as in effect on the date of enactment of 
this Act) to ensure that— 
(I) the term ‘‘no detectable emis-
sions’’ is defined to mean an instru-
ment reading of less than 50 parts 
per million above background con-
centrations; and 
(II) the term ‘‘leak’’ is defined to 
mean an instrument reading of great-
er than or equal to 50 parts per mil-
lion above background concentrations. 
(F) NATURAL-GAS
FIRED
STEAM
BOIL-
ERS.—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 regulated under 
that subpart may only burn gaseous fuels, not 
solid fuels or liquid fuels. 
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147 
(G) MONITORING.—Not later than 3 years 
after the date of enactment of this Act, the Ad-
ministrator shall promulgate a final rule revis-
ing subparts DDD, NNN, RRR, and other rel-
evant subparts of part 60 of title 40, Code of 
Federal Regulations (as in effect on the date of 
enactment of this Act)— 
(i) to require continuous emissions 
monitoring of nitrogen oxides, sulfur diox-
ide, carbon monoxide, and filterable partic-
ulate matter for all combustion devices ex-
cept for non-enclosed flares, including dur-
ing startups, shutdowns, and malfunctions 
of the facilities regulated by those sub-
parts; 
(ii) to require— 
(I) accurate and continuous rec-
ordkeeping when continuous moni-
toring is required under clause (i); 
and 
(II) the records required under 
subclause (I) to be made available to 
the public; and 
(iii) to require fenceline monitoring 
under section 63.658 of title 40, Code of 
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148 
Federal Regulations (as in effect on the 
date of enactment of this Act), for nitrogen 
oxides, sulfur dioxide, carbon monoxide, fil-
terable and condensable particulate matter, 
and all other relevant hazardous air pollut-
ants. 
(3) 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). 
(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 
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149 
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— 
(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-
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150 
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 
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— 
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151 
(I) the effects and risks of expo-
sure from multiple 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. 
(e) CLEAN WATER.— 
(1) REVISED
EFFLUENT
LIMITATION
GUIDE-
LINES FOR THE ORGANIC CHEMICAL, PLASTICS, AND 
SYNTHETIC FIBERS INDUSTRIAL CATEGORY.— 
(A) BAT AND NSPS STANDARDS FOR PLAS-
TIC POLYMER PRODUCTION.—Not later than 3 
years after the date of enactment of this Act, 
the Administrator shall promulgate a final 
rule— 
(i) that ensures that the best available 
technology limitations described in part 
414 of title 40, Code of Federal Regula-
tions (as modified under clause (ii)) applies 
to covered facilities that produce fewer 
than 5,000,001 pounds of covered products 
per year; 
(ii) modifying part 414 of title 40, 
Code of Federal Regulations (as in effect 
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152 
on the date of enactment of this Act), to 
ensure that the best available technology 
and new source performance standard re-
quirements under that part reflect updated 
best available technology and best available 
demonstrated control technology for all 
pollutants discharged by covered facilities 
that produce covered products, including 
pollutants of concern that are not regu-
lated on the date of enactment of this Act; 
and 
(iii) 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 
standards for applicable covered facili-
ties producing covered products, the 
maximum effluent limit for any 1 day 
and for any monthly average for the 
priority pollutants described in appen-
dix A to part 423 of title 40, Code of 
Federal Regulations (as in effect on 
the date of enactment of this Act), is 
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153 
0 milligrams per liter unless the Ad-
ministrator— 
(aa) determines that higher 
limits are justified using best 
available demonstrated control 
technology; and 
(bb) publishes the deter-
mination under item (aa) and the 
proposed higher limits in a rule-
making; and 
(II) for best available technology 
and new source performance stand-
ards, the maximum effluent limit for 
any 1 day and for any monthly aver-
age for total plastic pellets and other 
plastic material is 0 milligrams per 
liter. 
(B) EFFLUENT LIMITATIONS FOR WASTE-
WATER, SPILLS, AND RUNOFF FROM PLASTIC 
POLYMER
PRODUCTION
FACILITIES, PLASTIC 
MOLDING
AND
FORMING
FACILITIES, 
AND 
OTHER POINT SOURCES ASSOCIATED WITH THE 
TRANSPORT AND PACKAGING OF PLASTIC PEL-
LETS OR OTHER PRE-PRODUCTION PLASTIC MA-
TERIALS.—Not later than 60 days after the 
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154 
date of enactment of this Act, the Adminis-
trator shall promulgate a final rule to ensure 
that— 
(i) the discharge of plastic pellets or 
other pre-production plastic materials (in-
cluding discharge into wastewater and 
other runoff) from facilities regulated 
under part 414 or 463 of title 40, Code of 
Federal Regulations (as in effect on the 
date of enactment of this Act), is prohib-
ited; 
(ii) the discharge of plastic pellets or 
other pre-production plastic materials (in-
cluding discharge into wastewater and 
other runoff) from a point source (as de-
fined in section 502 of the Federal Water 
Pollution Control Act (33 U.S.C. 1362)) 
that makes, uses, packages, or transports 
those plastic pellets and other pre-produc-
tion plastic materials is prohibited; and 
(iii) the requirements under clauses 
(i) and (ii) are reflected in— 
(I) all wastewater, stormwater, 
and other permits issued by the Ad-
ministrator and State-delegated pro-
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155 
grams under section 402 of the Fed-
eral Water Pollution Control Act (33 
U.S.C. 1342) to facilities and other 
point sources (as defined in section 
502 of that Act (33 U.S.C. 1362)) 
that make, use, package, or transport 
plastic pellets or other pre-production 
plastic materials, as determined by 
the Administrator, in addition to 
other applicable limits and standards; 
and 
(II) all standards of performance 
promulgated under section 312(p) of 
the Federal Water Pollution Control 
Act (33 U.S.C. 1322(p)) that are ap-
plicable to point sources (as defined in 
section 502 of that Act (33 U.S.C. 
1362)) that make, use, package, or 
transport plastic pellets or other pre- 
production plastic materials, as deter-
mined by the Administrator. 
(2) REVISED EFFLUENT LIMITATIONS GUIDE-
LINES
FOR
ETHYLENE
AND
PROPYLENE
PRODUC-
TION.— 
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157 
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 item (aa) and 
the proposed higher limits in a rule-
making. 
(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. 
(f) ENVIRONMENTAL JUSTICE REQUIREMENTS FOR 
COVERED FACILITY PERMITS.— 
(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— 
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(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 and cumulative 
economic, environmental, and public health 
impacts of the proposed permit on front-
line 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 frontline 
communities at the beginning of the public com-
ment period for the proposed permit, which 
shall include notification— 
(i) through direct means; 
(ii) through publications likely to be 
obtained by residents of the frontline com-
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159 
munity, including non-English language 
publications; and 
(iii) in the form of a public hearing in 
the frontline community— 
(I) for which public notice is pro-
vided— 
(aa) not less than 60 days 
before the date on which the pub-
lic hearing is to be held; and 
(bb) using the means de-
scribed in clauses (i) and (ii); 
and 
(II) for which translation services 
(as defined in section 12001 of the 
Solid Waste Disposal Act) are pro-
vided; and 
(III) that is accessible through 
live-streaming or alternative video 
streaming services for which trans-
lation services (as so defined) are pro-
vided; 
(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.), 
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160 
as applicable, shall not approve a proposed per-
mit described in subparagraph (A) unless— 
(i) changes or alterations have been 
incorporated into the proposed permit that, 
to the maximum extent practicable, elimi-
nate or mitigate the environmental justice 
impacts described in subparagraph (A)(i); 
and 
(ii) the changes or alterations de-
scribed in clause (i) have been developed 
with meaningful input from residents or 
representatives of the frontline community 
in which the covered facility to which the 
proposed permit would apply is located or 
seeks to locate; 
(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)(iii) is held for the proposed permit; and 
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(E) the approval of a proposed permit de-
scribed in subparagraph (A) is conditioned on 
the covered facility providing comprehensive 
fenceline monitoring and response strategies 
that fully protect public health and safety and 
the environment in frontline communities. 
(2) REQUIREMENT.—The Administrator shall 
develop the final rule required under paragraph (1) 
with input from— 
(A) residents of frontline communities; and 
(B) representatives of frontline commu-
nities. 
(g) EXTENDED PRODUCER RESPONSIBILITY
FOR 
INTERNATIONAL
PLASTIC
EXPORTS.—The temporary 
pause on the export of covered products under subsection 
(b)(4) shall remain in place until the Secretary of Com-
merce promulgates a final rule that— 
(1) requires the tracking of covered products 
from sale to disposal; 
(2) prohibits the export of covered products to 
purchasers that convert those plastics into single-use 
plastics or energy; 
(3) requires the Secretary of Commerce, not 
less frequently than once every 2 years and in con-
sultation with the Administrator and the Secretary 
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162 
of Health and Human Services, to publish a report 
measuring and evaluating the environmental and en-
vironmental justice impacts of exporting covered 
products from sale to disposal; and 
(4) establishes enforceable mechanisms for sell-
ers or purchasers of covered products to mitigate the 
environmental and environmental justice impacts of 
those covered products from sale to disposal. 
Æ 
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E:\BILLS\H2238.IH
H2238
pbinns on DSKJLVW7X2PROD with BILLS