122 
the Federal Water Pollution Control 
Act (33 U.S.C. 1342), in addition to 
other applicable limits and standards. 
(2) REVISED EFFLUENT LIMITATIONS GUIDE-
LINES
FOR
ETHYLENE
AND
PROPYLENE
PRODUC-
TION.— 
(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 ethylene or propylene; 
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 
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source performance standards for any 1 
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 justified using best available dem-
onstrated 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. 
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124 
(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— 
(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-
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ment period for the proposed permit, which 
shall include notification through— 
(i) direct means; and 
(ii) publications likely to be obtained 
by residents of the frontline community; 
(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— 
(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 input from residents or representa-
tives of the frontline community in which 
the covered facility to which the proposed 
permit would apply is located or seeks to 
locate; and 
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(D) 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; 
(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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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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