185 
(II) by striking ‘‘403 of this Act, 
or (B) prior’’ and inserting the fol-
lowing: ‘‘403; or 
‘‘(ii) prior’’; and 
(III) by striking ‘‘this Act.’’ and 
inserting the following: ‘‘this Act; and 
‘‘(B) as applicable, with respect to the 
issuance or renewal of the permit to a covered 
facility (as defined in section 204(a) of the Pro-
tecting Communities from Plastics Act)— 
‘‘(i) based on an analysis by the Ad-
ministrator of existing water quality and 
the potential cumulative impacts (as de-
fined in section 501 of the Clean Air Act 
(42 U.S.C. 7661)) of the discharge from 
the covered facility (as so defined), consid-
ered in conjunction with the designated 
and actual uses of the impacted navigable 
water, there exists a reasonable certainty 
of no harm to the health of the general 
population, or to any potentially exposed or 
susceptible subpopulation; or 
‘‘(ii) if the Administrator determines 
that, due to those potential cumulative im-
pacts, there does not exist a reasonable 
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186 
certainty of no harm to the health of the 
general population, or to any potentially 
exposed or susceptible subpopulation, the 
permit or renewal includes such terms and 
conditions as the Administrator determines 
to be necessary to ensure a reasonable cer-
tainty of no harm.’’; and 
(ii) in paragraph (2), by striking ‘‘as-
sure compliance with the requirements of 
paragraph (1) of this subsection, including 
conditions on data and information collec-
tion, reporting, and such other require-
ments as he deems appropriate.’’ and in-
serting the following: ‘‘ensure compliance 
with the requirements of paragraph (1), in-
cluding— 
‘‘(A) conditions relating to— 
‘‘(i) data and information collection; 
‘‘(ii) reporting; and 
‘‘(iii) such other requirements as the 
Administrator determines to be appro-
priate; and 
‘‘(B) with respect to covered facilities (as 
defined in section 204(a) of the Protecting 
Communities from Plastics Act) additional con-
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187 
trols or pollution prevention requirements.’’; 
and 
(C) in subsection (b)— 
(i) in each of paragraphs (1)(D), 
(2)(B), and (3) through (7), by striking 
the semicolon at the end and inserting a 
period; 
(ii) in paragraph (8), by striking ‘‘; 
and’’ at the end and inserting a period; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(10) To ensure that no permit will be issued 
to or renewed for a covered facility (as defined in 
section 204(a) of the Protecting Communities from 
Plastics Act) if, with respect to an application for 
the permit, the State determines, based on an anal-
ysis by the State of existing water quality and the 
potential cumulative impacts (as defined in section 
501 of the Clean Air Act (42 U.S.C. 7661)) of the 
discharge from the covered facility (as so defined), 
considered in conjunction with the designated and 
actual uses of the impacted navigable water, that the 
terms and conditions of the permit or renewal would 
not be sufficient to ensure a reasonable certainty of 
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188 
no harm to the health of the general population, or 
to any potentially exposed or susceptible subpopula-
tion.’’. 
(2) CLEAN AIR ACT.— 
(A) DEFINITIONS.—Section 501 of the 
Clean Air Act (42 U.S.C. 7661) is amended— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘As used in this title—’’ 
and inserting ‘‘In this title:’’; 
(ii) by redesignating paragraphs (2), 
(3), and (4) as paragraphs (3), (5), and 
(4), respectively, and moving the para-
graphs so as to appear in numerical order; 
and 
(iii) by inserting after paragraph (1) 
the following: 
‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu-
lative impacts’ means any exposure, public health or 
environmental risk, or other effect occurring in a 
specific geographical area, including from an emis-
sion or release— 
‘‘(A) including— 
‘‘(i) 
environmental 
pollution 
re-
leased— 
‘‘(I) routinely; 
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189 
‘‘(II) accidentally; or 
‘‘(III) otherwise; and 
‘‘(ii) as assessed based on the com-
bined past, present, and reasonably fore-
seeable emissions and discharges affecting 
the geographical area; and 
‘‘(B) evaluated taking into account sen-
sitive populations and socioeconomic factors, 
where applicable.’’. 
(B) PERMIT
PROGRAMS.—Section 502(b) 
of the Clean Air Act (42 U.S.C. 7661a(b)) is 
amended— 
(i) in paragraph (5)— 
(I) in subparagraphs (A) and 
(C), by striking ‘‘assure’’ each place it 
appears and inserting ‘‘ensure’’; and 
(II) by striking subparagraph (F) 
and inserting the following: 
‘‘(F) ensure that no permit will be issued 
to or renewed for a covered facility (as defined 
in section 204(a) of the Protecting Commu-
nities from Plastics Act), as applicable, if— 
‘‘(i) with respect to an application for 
a permit or renewal of a permit for a 
major source that is a covered facility (as 
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190 
defined in section 204(a) of the Protecting 
Communities from Plastics Act), the per-
mitting authority determines under para-
graph (9)(C)(ii)(I)(bb)(BB) that the terms 
and conditions of the permit or renewal 
would not be sufficient to ensure a reason-
able certainty of no harm to the health of 
the general population, or to any poten-
tially exposed or susceptible subpopulation, 
of the applicable census tracts or Tribal 
census tracts (as those terms are defined 
by the Director of the Bureau of the Cen-
sus); or 
‘‘(ii) the Administrator objects to the 
issuance of the permit in a timely manner 
under this title.’’; and 
(ii) in paragraph (9)— 
(I) in the fourth sentence, by 
striking ‘‘Such permit revision’’ and 
inserting the following: 
‘‘(iii) TREATMENT
AS
RENEWAL.—A 
permit revision under this paragraph’’; 
(II) in the third sentence, by 
striking ‘‘No such revision shall’’ and 
inserting the following: 
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191 
‘‘(ii) EXCEPTION.—A revision under 
this paragraph shall not’’; 
(III) in the second sentence, by 
striking ‘‘Such revisions’’ and insert-
ing the following: 
‘‘(B) REVISION REQUIREMENTS.— 
‘‘(i) DEADLINE.—A revision described 
in subparagraph (A) or (C)’’; 
(IV) by striking ‘‘(9) A require-
ment’’ and inserting the following: 
‘‘(9) MAJOR SOURCES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), a requirement that’’; and 
(V) by adding at the end the fol-
lowing: 
‘‘(C) CERTAIN PLASTICS FACILITIES.— 
‘‘(i) DEFINITION OF COVERED FACIL-
ITY.—In this subparagraph, the term ‘cov-
ered facility’ has the meaning given the 
term in section 204(a) of the Protecting 
Communities from Plastics Act. 
‘‘(ii) ADDITIONAL
REQUIREMENTS.— 
With respect to any permit or renewal of 
a permit, as applicable, for a major source 
that is a covered facility, the permitting 
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192 
authority, in determining whether to issue 
or renew the permit, shall— 
‘‘(I) evaluate the potential cumu-
lative impacts of the proposed covered 
facility, as described in the applicable 
cumulative impacts analysis submitted 
under section 503(b)(3); 
‘‘(II) if, due to those potential 
cumulative impacts, the permitting 
authority cannot determine that there 
exists a reasonable certainty of no 
harm to the health of the general pop-
ulation, or to any potentially exposed 
or susceptible subpopulation, of any 
census tracts or Tribal census tracts 
(as those terms are defined by the Di-
rector of the Bureau of the Census) 
located in, or immediately adjacent to, 
the area in which the covered facility 
is, or is proposed to be, located— 
‘‘(aa) include in the permit 
or renewal such terms and condi-
tions (including additional con-
trols or pollution prevention re-
quirements) as the permitting 
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193 
authority determines to be nec-
essary to ensure a reasonable cer-
tainty of no harm; or 
‘‘(bb) if the permitting au-
thority determines that terms 
and conditions described in item 
(aa) would not be sufficient to 
ensure a reasonable certainty of 
no harm, deny the issuance or re-
newal of the permit; 
‘‘(III) determine whether the ap-
plicant is a persistent violator, based 
on such criteria relating to the history 
of compliance by an applicant with 
this Act as the Administrator shall es-
tablish by not later than 180 days 
after the date of enactment of the 
Protecting Communities from Plastics 
Act; 
‘‘(IV) if the permitting authority 
determines under subclause (III) that 
the applicant is a persistent violator 
and the permitting authority does not 
deny the issuance or renewal of the 
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194 
permit 
pursuant 
to 
subclause 
(V)(bb)— 
‘‘(aa) require the applicant 
to submit a redemption plan that 
describes, if the applicant is not 
in compliance with this Act, 
measures the applicant will carry 
out to achieve that compliance, 
together with an approximate 
deadline for that achievement, 
measures the applicant will carry 
out, or has carried out to ensure 
the applicant will remain in com-
pliance with this Act, and to 
mitigate the environmental and 
health effects of noncompliance, 
and the measures the applicant 
has carried out in preparing the 
redemption plan to consult or ne-
gotiate with the communities af-
fected by each persistent viola-
tion addressed in the plan; and 
‘‘(bb) once such a redemp-
tion plan is submitted, determine 
whether the plan is adequate to 
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195 
ensuring that the applicant will 
achieve compliance with this Act 
expeditiously, will remain in com-
pliance with this Act, will miti-
gate 
the 
environmental 
and 
health effects of noncompliance, 
and has solicited and responded 
to community input regarding 
the redemption plan; and 
‘‘(V) deny the issuance or re-
newal of the permit if the permitting 
authority determines that— 
‘‘(aa) the redemption plan 
submitted 
under 
subclause 
(IV)(aa) is inadequate; or 
‘‘(bb)(AA) the applicant has 
submitted a redemption plan on 
a prior occasion, but continues to 
be a persistent violator; and 
‘‘(BB) no indication of ex-
tremely exigent circumstances ex-
cusing the persistent violations 
exists.’’. 
(C) 
PERMIT
APPLICATIONS.—Section 
503(b) of the Clean Air Act (42 U.S.C. 
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196 
7661b(b)) is amended by adding at the end the 
following: 
‘‘(3) ANALYSES FOR CERTAIN PLASTICS FACILI-
TIES.—The regulations required by section 502(b) 
shall include a requirement that an applicant for a 
permit or renewal of a permit for a major source 
that is a covered facility (as defined in section 
204(a) of the Protecting Communities from Plastics 
Act) shall submit, together with the compliance plan 
required under this subsection, a cumulative impacts 
analysis for each census block tract or Tribal census 
block tract (as those terms are defined by the Direc-
tor of the Bureau of the Census) located within 10 
kilometers of, or immediately adjacent to, the area 
in which the major source that is a covered source 
(as so defined) is, or is proposed to be, located that 
analyzes— 
‘‘(A) community demographics and loca-
tions of community exposure points, such as 
residences, schools, daycare centers, nursing 
homes, hospitals, health clinics, places of reli-
gious worship, parks, playgrounds, and commu-
nity centers; 
‘‘(B) air quality (including with respect to 
hazardous air pollutants and criteria pollutants) 
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197 
and the potential effect on that air quality of 
emissions of air pollutants (including pollutants 
listed under section 108 or 112) from the pro-
posed covered facility (as so defined), including 
in combination with existing sources of pollut-
ants; 
‘‘(C) the potential effects on soil quality, 
water quality, and fish and game of emissions 
of air and water pollutants that could contami-
nate soil or water from the proposed major 
source, including in combination with existing 
sources of pollutants; and 
‘‘(D) public health and any potential ef-
fects on public health of the proposed covered 
facility (as so defined).’’. 
(j) FINANCIAL
ASSURANCE
REQUIREMENTS
FOR 
COVERED FACILITIES.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Administrator 
shall develop and require as a condition to receiving 
a permit 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.) financial assurance require-
ments for new covered facilities that demonstrate 
the presence of sufficient financial resources— 
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198 
(A) to safely close the covered facility at 
the end of the operational life of the covered fa-
cility; or 
(B) to provide appropriate emergency re-
sponse in the case of an accidental release. 
(2) APPLICATION TO EXISTING COVERED FA-
CILITIES.—The financial assurance requirements 
under paragraph (1) shall apply to existing covered 
facilities at the time at which an existing covered fa-
cility seeks renewal of a permit 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. 
(k) SITING RESTRICTIONS FOR NEW COVERED FA-
CILITIES.—The issuance or approval of a permit 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.) for 
a new covered facility, or for the expansion of an existing 
covered facility, shall be prohibited within 5 miles of a 
community building or area, including a school, a resi-
dence, a daycare center, a nursing home, a hospital, a 
health clinic, a place of religious worship, a park, a play-
ground, and a community center. 
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199 
SEC. 205. MICROPLASTICS RESEARCH AND DIRECTIVES. 
(a) DEFINITION OF MICROPLASTIC.—In this section, 
the term ‘‘microplastic’’ means a plastic or plastic-coated 
particle that is less than 5 millimeters in any dimension. 
(b) NATIONAL RECYCLING STRATEGY LIMITATION.— 
The Administrator shall not expand the scope of the Na-
tional Recycling Strategy of the Environmental Protection 
Agency to include facilities that treat plastic waste 
through the use of pyrolysis, gasification, or similar chem-
ical recycling technologies. 
(c) FOOD AND DRUG ADMINISTRATION STUDY.— 
(1) IN GENERAL.—The Commissioner of Food 
and Drugs, in consultation with the Secretary of Ag-
riculture and the heads of other necessary Federal 
departments and agencies, such as the Director of 
the National Institute of Standards and Technology, 
shall conduct a nationwide study on the presence 
and sources of microplastics in food (including 
drink) products, including food products containing 
fish, meat, fruits, or vegetables. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Commissioner of 
Food and Drugs shall submit to Congress, and make 
publicly available, a report describing the results of 
the study under this subsection. 
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200 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as are necessary to carry out this subsection. 
(d) MICROPLASTICS PILOT PROGRAM.— 
(1) ESTABLISHMENT.—The Administrator shall 
establish a pilot program (referred to in this sub-
section as the ‘‘pilot program’’) to test the efficacy 
and cost-effectiveness of tools, technologies, and 
techniques— 
(A) to remove microplastics from the envi-
ronment without causing additional harm to the 
environment; and 
(B) to prevent the release of microplastics 
into the environment. 
(2) REQUIREMENTS.—In carrying out the pilot 
program, the Administrator shall include testing of, 
and an analysis and mitigation of any environmental 
impacts on— 
(A) natural infrastructure; 
(B) green infrastructure (as defined in sec-
tion 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362)); and 
(C) mechanical removal systems (such as 
pumps) and filtration technologies, including 
consideration of potential negative ecological 
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201 
impacts that may result from filtration in nat-
ural waterways and ocean waters. 
(3) ELIGIBLE LOCATIONS.—The Administrator 
may carry out under the pilot program projects lo-
cated in— 
(A) stormwater systems; 
(B) wastewater treatment facilities; 
(C) drinking water systems; 
(D) ports, harbors, inland waterways, estu-
aries, and marine environments; and 
(E) roadways, highways, and other streets 
used for vehicular travel. 
(4) OUTREACH.—In determining selection cri-
teria and projects to carry out under the pilot pro-
gram, the Administrator shall conduct outreach to— 
(A) the Interagency Marine Debris Coordi-
nating Committee established by section 5(a) of 
the Marine Debris Act (33 U.S.C. 1954(a)); 
and 
(B) stakeholders and experts in the appli-
cable field, as determined by the Administrator. 
(5) REPORTS.— 
(A) OUTREACH
ACTIVITIES.—Not later 
than 180 days after the date of enactment of 
this Act, the Administrator shall submit to Con-
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