I 
117TH CONGRESS 
2D SESSION 
H. R. 9388 
To require the Administrator of the Environmental Protection Agency to 
carry out certain activities to protect communities from the harmful 
effects of plastics, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 1, 2022 
Mr. HUFFMAN (for himself, Mr. LOWENTHAL, Ms. TLAIB, Mr. PANETTA, Ms. 
BARRAGA´N, Mr. LIEU, Mrs. WATSON COLEMAN, Mr. CONNOLLY, Mr. 
GRIJALVA, Ms. LEE of California, Mr. QUIGLEY, Ms. BONAMICI, Ms. 
PINGREE, Mr. BLUMENAUER, Ms. SCHAKOWSKY, Mr. LEVIN of Cali-
fornia, and Mr. CASTEN) introduced the following bill; which was referred 
to the Committee on Energy and Commerce, and in addition to the Com-
mittees on Transportation and Infrastructure, Agriculture, and Foreign 
Affairs, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To require the Administrator of the Environmental Protec-
tion Agency to carry out certain activities to protect 
communities from the harmful effects of plastics, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Commu-
nities from Plastics Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) plastics production is exacerbating the cli-
mate crisis and driving environmental injustice in 
vulnerable communities located near petrochemical 
facilities; 
(2) plastics production is on track to double in 
the decade following the date of enactment of this 
Act, locking in harmful emissions for decades; 
(3) plastics and other petrochemicals are fore-
casted to become the largest driver of oil and hy-
draulically fractured gas demand by 2050; 
(4) some studies have projected that the plas-
tics industry will emit more greenhouse gas emis-
sions than coal plants in the United States by 2030; 
(5) petrochemical facilities that produce plastics 
are more likely to be located in low-income commu-
nities and communities of color, disproportionately 
exposing those communities to harmful pollutants; 
(6) plastics production and certain disposal fa-
cilities pollute surrounding communities with chemi-
cals that are known to cause cancer, birth defects, 
and other serious illnesses; 
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(7) transitioning off fossil fuels for power gen-
eration and transportation only to replace that de-
mand with more fossil fuel-based plastics production 
is not a viable strategy and fails to protect commu-
nities; 
(8) plastics carry impacts throughout their 
lifecycles, including the impacts of— 
(A) oil and gas extraction; 
(B) plastics refining, manufacturing, and 
certain methods of disposal; and 
(C) plastics pollution that ends up in com-
munities and in the environment, where the de-
grading plastics leach chemical additives and 
emit greenhouse gases; 
(9) addressing the plastics crisis requires a shift 
away from single-use plastics in nonessential set-
tings; and 
(10) technologies that convert plastics to fuel, 
use plastics for energy generation, generate feed-
stocks for the chemical industry, or produce haz-
ardous waste and toxic air pollution are not a sus-
tainable solution to the plastics crisis. 
SEC. 3. DEFINITIONS. 
In this Act: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) PLASTIC.— 
(A) IN
GENERAL.—The term ‘‘plastic’’ 
means a synthetic or semisynthetic material 
that— 
(i) is synthesized by the polymeriza-
tion of organic substances; and 
(ii) is capable of being shaped into 
various rigid and flexible forms. 
(B) INCLUSIONS.—The term ‘‘plastic’’ in-
cludes coatings and adhesives described in sub-
paragraph (A). 
(C) EXCLUSIONS.—The term ‘‘plastic’’ 
does not include— 
(i) natural rubber; or 
(ii) naturally occurring polymers, such 
as proteins or starches. 
(3) REUSABLE; REFILLABLE; REUSE; REFILL.— 
The terms ‘‘reusable’’, ‘‘refillable’’, ‘‘reuse’’, and 
‘‘refill’’ mean— 
(A) with respect to packaging or food serv-
ice ware that is reused or refilled by a producer, 
that the packaging or food service ware is— 
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(i) explicitly designed and marketed to 
be utilized for not less than the number of 
cycles that the Administrator determines 
to be appropriate, for the same product, or 
for another purposeful packaging use in a 
supply chain; 
(ii) designed for durability to function 
properly in its original condition for mul-
tiple cycles; 
(iii) composed of materials that do not 
contain— 
(I) toxic heavy metals; 
(II) pathogens; 
(III) additives; or 
(IV) chemical substances des-
ignated as high-priority substances 
under section 6(b)(1) of the Toxic 
Substances Control Act (15 U.S.C. 
2605(b)(1)), including the chemicals 
or mixtures of chemicals described in 
section 4(g)(3); 
(iv) supported by adequate infrastruc-
ture to ensure the packaging or food serv-
ice ware can be conveniently and safely re-
used or refilled for multiple cycles; and 
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(v) repeatedly recovered, inspected, 
and repaired, if necessary, and reissued 
into the supply chain for reuse or refill for 
multiple cycles; and 
(B) with respect to packaging or food serv-
ice ware that is reused or refilled by a con-
sumer, that the packaging or food service ware 
is— 
(i) explicitly designed and marketed to 
be utilized for not less than the number of 
cycles that the Administrator determines 
to be appropriate, for the same product; 
(ii) designed for durability to function 
properly in its original condition for mul-
tiple cycles; 
(iii) composed of materials that do not 
contain— 
(I) toxic heavy metals; 
(II) pathogens; 
(III) additives; or 
(IV) chemical substances des-
ignated as high-priority substances 
under section 6(b)(1) of the Toxic 
Substances Control Act (15 U.S.C. 
2605(b)(1)), including the chemicals 
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Secretary of Health and Human Services 
to necessarily be made of plastic for the 
protection of public health or for people 
with disabilities; 
(ii) packaging that is— 
(I) for any product described in 
clause (i) that is determined by the 
Secretary of Health and Human Serv-
ices to necessarily be used for the pro-
tection of public health or for people 
with disabilities; or 
(II) used for the shipment of 
hazardous materials that is prohibited 
from being composed of used mate-
rials 
under 
section 
178.509 
or 
178.522 of title 49, Code of Federal 
Regulations (as in effect on the date 
of enactment of this Act); or 
(iii) personal hygiene products that, 
due to the intended use of the products, 
could become unsafe or unsanitary to recy-
cle, such as diapers. 
SEC. 4. ENVIRONMENTAL JUSTICE PROTECTIONS AT COV-
ERED FACILITIES. 
(a) DEFINITIONS.—In this section: 
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(1) COMMUNITY OF COLOR.—The term ‘‘com-
munity of color’’ means a geographically distinct 
area in which the percentage of the population of the 
community represented by people of color is higher 
than the percentage of the population of the State 
represented by people of color. 
(2) CONSULTATION.—The term ‘‘consultation’’ 
means the meaningful and timely process of— 
(A) seeking, discussing, and carefully con-
sidering the views of fenceline communities in a 
manner that is cognizant of the values of all 
parties; and 
(B) when feasible, seeking agreement 
among the parties. 
(3) COVERED
FACILITY.—The term ‘‘covered 
facility’’ means— 
(A) an industrial facility that transforms 
petrochemical gas and liquids into ethylene and 
propylene for later conversion into plastic poly-
mers; 
(B) an industrial facility that transforms 
ethylene and propylene into any other chemical 
for later conversion into plastic polymers; 
(C) a plastic polymerization or polymer 
production facility; 
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(D) 
an 
industrial 
facility 
that 
depolymerizes or otherwise breaks down plastic 
polymers into chemical feedstocks for use in 
new products or as fuel; 
(E) an industrial facility that converts, in-
cluding through pyrolysis or gasification, plastic 
polymers into chemical feedstocks; and 
(F) an industrial facility that generates 
fuel or energy from plastic polymers through 
waste-to-fuel technology, an incinerator, or 
other similar technology, as determined by the 
Administrator. 
(4) COVERED
PRODUCT.—The term ‘‘covered 
product’’ means— 
(A) ethylene; 
(B) propylene; and 
(C) raw plastic materials in any form, in-
cluding pellets, resin, nurdles, powder, and 
flakes, including— 
(i) polyethylene terephthalate (com-
monly referred to as ‘‘PET’’); 
(ii) high density polyethylene (com-
monly referred to as ‘‘HDPE’’); 
(iii) low density polyethylene (com-
monly referred to as ‘‘LDPE’’); 
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(iv) polypropylene (commonly referred 
to as ‘‘PP’’); 
(v) polyvinyl chloride (commonly re-
ferred to as ‘‘PVC’’); 
(vi) polystyrene (commonly referred to 
as ‘‘PS’’); and 
(vii) any other plastic polymer deter-
mined to be appropriate by the Adminis-
trator. 
(5) 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-
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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-
tional People of Color Environmental Leader-
ship Summit held on October 24 through 27, 
1991, in Washington, DC, are upheld. 
(6) FENCELINE COMMUNITY.— 
(A) IN
GENERAL.—The term ‘‘fenceline 
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 ‘‘fenceline 
community’’ includes a low-income community, 
an indigenous community, and a community of 
color. 
(7) 
FENCELINE
MONITORING.—The 
term 
‘‘fenceline monitoring’’ means continuous, real-time 
monitoring of ambient air quality around the entire 
perimeter of a facility. 
(8) INDIGENOUS COMMUNITY.—The term ‘‘in-
digenous community’’ means— 
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(A) a federally recognized Indian Tribe; 
(B) a State-recognized Indian Tribe; 
(C) an Alaska Native or Native Hawaiian 
community or organization; and 
(D) any other community of indigenous 
people, including communities in other coun-
tries. 
(9) LIMITED
ENGLISH
PROFICIENCY
INDI-
VIDUAL.—The term ‘‘limited English proficiency in-
dividual’’ means an individual that— 
(A) does not speak English as their pri-
mary language; or 
(B) has a limited ability to read, speak, 
write, or understand English. 
(10) LOW-INCOME
COMMUNITY.—The term 
‘‘low-income community’’ means any census block 
group in which 30 percent or more of the population 
are individuals with an annual household income 
equal to, or less than, the greater of— 
(A) an amount equal to 80 percent of the 
median income of the area in which the house-
hold is located, as reported by the Department 
of Housing and Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
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(11) MATERIAL
RECOVERY
FACILITY.—The 
term ‘‘material recovery facility’’ means a solid 
waste management facility that processes materials 
for reuse or recycling. 
(12) MEANINGFUL.—The term ‘‘meaningful’’, 
with respect to involvement by the public in a deter-
mination by a Federal agency, means that— 
(A) potentially affected residents of a com-
munity have an appropriate opportunity to par-
ticipate in decisions relating to a proposed ac-
tivity that will affect the environment or public 
health of the community; 
(B) the public contribution can influence 
the determination by the Federal agency; 
(C) the concerns of all participants in-
volved are taken into consideration in the deci-
sion-making process; and 
(D) the Federal agency— 
(i) provides to potentially affected 
members of the public accurate informa-
tion, including identifying limited English 
proficiency individuals who need language 
assistance, implementing accessible lan-
guage assistance measures, and providing 
notice to limited English proficiency indi-
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viduals for effective engagement in deci-
sions; and 
(ii) facilitates the involvement of po-
tentially affected members of the public. 
(13) 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— 
(i) all regulations and final rules re-
quired under subsections (d), (e), and (f) 
are in effect; and 
(ii) the amendments made by sub-
section (i) are fully implemented. 
(b) NATIONAL ACADEMIES STUDY OF PLASTICS IN-
DUSTRY.— 
(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, 
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the extraction and refining of fossil fuels 
and polymer feedstocks, chemical recycling 
efforts, end uses, disposal fate, and 
lifecycle impacts of covered products; 
(ii) the environmental, public health, 
and environmental justice and pollution 
impacts of covered facilities and the prod-
ucts of covered facilities; 
(iii) the use of toxic additives in the 
production of covered products and the 
consequences of those additives on public 
health; 
(iv) the existing standard technologies 
and practices of covered facilities with re-
spect to the discharge and emission of pol-
lutants into the environment; 
(v) the best available technologies and 
practices that reduce or eliminate the envi-
ronmental justice and pollution impacts of 
covered facilities, associated infrastructure 
of covered facilities, and the products of 
covered facilities; and 
(vi) the toxicity of plastic polymers, 
additives, and chemicals (including byprod-
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ucts), including the impacts of those poly-
mers, additives, and chemicals on— 
(I) public health; 
(II) the recyclability of plastic; 
and 
(III) the ability to use recycled 
content. 
(B) FAILURE TO ENTER AGREEMENT.—If 
the Administrator fails to enter into an agree-
ment described in subparagraph (A), the Ad-
ministrator shall conduct the study described in 
that subparagraph. 
(2) REQUIREMENTS.—The study under para-
graph (1) shall— 
(A) consider— 
(i) the direct, indirect, and cumulative 
environmental impacts of industries, in-
cluding 
plastic 
production 
industries, 
chemical recycling industries, and the in-
dustries of other covered facilities, to date; 
and 
(ii) the impacts of the planned expan-
sion of those industries, including local, re-
gional, national, and international air, 
water, waste, climate change, public health, 
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and environmental justice impacts of those 
industries; and 
(B) recommend technologies, regulations, 
standards, 
and 
practices, 
including 
rec-
ommendations for technologies, regulations, 
standards, and practices that will best carry out 
the regulatory modifications required under 
subsections (d), (e), and (g), to remediate or 
eliminate the local, regional, national, and inter-
national air, water, waste, climate change, pub-
lic health, and environmental justice impacts of 
the industries described in subparagraph (A)(i). 
(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). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Na-
tional Academy of Sciences and the National Insti-
tutes of Health such sums as are necessary to carry 
out this subsection. 
(c) PERMITTING MORATORIUM FOR COVERED FA-
CILITIES.— 
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(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— 
(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 of the Army, acting 
through the Chief of Engineers, shall not issue 
a new permit for a covered facility under sec-
tion 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 
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