strategies that fully protect public health and 
safety and the environment in fenceline commu-
nities, for which the affected fenceline commu-
nities have the opportunity to provide meaning-
ful input. 
(2) REQUIREMENTS.— 
(A) REQUIRED INPUT.—The Administrator 
shall develop the final rule required under para-
graph (1) with meaningful input from— 
(i) residents of fenceline communities; 
and 
(ii) representatives of fenceline com-
munities. 
(B) COMMUNITY CONSULTATION REQUIRE-
MENT.—In carrying out the consultation re-
quired under paragraph (1)(B)(ii), the Adminis-
trator and each State agency delegated author-
ity 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.) shall establish a 
dedicated position that— 
(i) supports fenceline communities in 
understanding the technical nuances of the 
permit and regulatory process; and 
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(ii) accounts for limited English pro-
ficiency individuals. 
(3) REPORT TO CONGRESS ON STATE PERMIT-
TING PROGRAMS.—Not later than 2 years after the 
date on which the final rule required under para-
graph (1) is published in the Federal Register, and 
every 5 years thereafter, the Administrator shall 
submit to Congress a report evaluating how States 
are implementing required environmental justice 
considerations pursuant to that final rule into their 
permitting programs under the Clean Air Act (42 
U.S.C. 7401 et seq.) and the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.). 
(g) TOXIC SUBSTANCES.— 
(1) INVENTORY AND REPORTING.—Section 8(b) 
of the Toxic Substances Control Act (15 U.S.C. 
2607(b)) is amended by adding at the end the fol-
lowing: 
‘‘(11) PLASTICS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) COVERED
FACILITY; 
COVERED 
PRODUCT.—The terms ‘covered facility’ 
and ‘covered product’ have the meanings 
given those terms in section 4(a) of the 
Protecting Communities from Plastics Act. 
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‘‘(ii) 
PLASTIC; 
SINGLE-USE
PLAS-
TIC.—The terms ‘plastic’ and ‘single-use 
plastic’ have the meanings given those 
terms in section 3 of the Protecting Com-
munities from Plastics Act. 
‘‘(B) PUBLICATION.—Not later than April 
1, 2025, and every 3 years thereafter, the Ad-
ministrator shall publish in the Federal Reg-
ister an inventory of plastic manufacturing, dis-
tribution in commerce, and trade in the United 
States. 
‘‘(C) PROCESS.—In carrying out the inven-
tory under subparagraph (B), the Adminis-
trator shall— 
‘‘(i) identify— 
‘‘(I) each covered facility; and 
‘‘(II) any other manufacturer of 
plastic products; 
‘‘(ii) identify— 
‘‘(I) the polymers associated with 
plastic production; 
‘‘(II) the types or uses of plastic 
products manufactured; and 
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‘‘(III) the associated quantities of 
polymer and product manufacture and 
uses; 
‘‘(iii) quantify the single-use plastics 
manufactured— 
‘‘(I) in the aggregate; and 
‘‘(II) by use category; 
‘‘(iv) quantify the percentage of post- 
consumer recycled content of the feed-
stocks for the manufacture of the types of 
plastic products identified under clause 
(ii)(II); 
‘‘(v) provide information and quan-
tified estimates on the fate of the plastic 
products at the end of their useful life; 
‘‘(vi) identify the chemicals used in 
polymer or plastic production that may 
pose a potential risk to human health and 
the environment, taking into account the 
data reported under subparagraph (D)(i), 
which shall include, at a minimum, the in-
formation described in subparagraphs (A) 
through (G) of subsection (a)(2); 
‘‘(vii) specify any chemicals identified 
under clause (vi)— 
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‘‘(I) that are undergoing regu-
latory action under section 6; or 
‘‘(II) for which regulatory action 
under section 6 is anticipated during 
the next 3 years; 
‘‘(viii) for each chemical identified 
under clause (vi) that is not specified 
under clause (vii), provide a timetable for 
regulatory action under section 6 and any 
other recommended actions, including pro-
posed revisions of Federal law or regula-
tions, to achieve further reductions in plas-
tic manufacture or distribution in com-
merce; and 
‘‘(ix) propose revisions to Federal law 
or regulations to achieve further reductions 
in plastic manufacture or distribution in 
commerce. 
‘‘(D) REPORTING.— 
‘‘(i) IN GENERAL.—To assist in the 
preparation of the inventory under sub-
paragraph (B), notwithstanding section 
3(2)(B), any person who manufactures a 
covered product used in plastic production, 
and any person who manufactures a plastic 
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product, shall submit to the Administrator 
periodic reports at such time and including 
such information as the Administrator 
shall determine by rule. 
‘‘(ii) PROMULGATION OF RULE.—Not 
later than July 1, 2024, the Administrator 
shall promulgate the rule described in 
clause (i). 
‘‘(iii) PREVIOUSLY SUBMITTED INFOR-
MATION.—To avoid duplication, informa-
tion previously submitted to the Adminis-
trator under this section may be consid-
ered partially compliant with the reporting 
requirements of this subparagraph if the 
information previously submitted is an ac-
curate reflection of the current informa-
tion. 
‘‘(iv) 
PUBLIC
AVAILABILITY.—The 
Administrator shall make available to the 
public in an accessible database the reports 
submitted under clause (i), consistent with 
section 14.’’. 
(2) CUMULATIVE
HEALTH
RISKS
POSED
BY 
COVERED FACILITIES.— 
(A) DEFINITIONS.—In this paragraph: 
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(i) 
CHEMICAL
SUBSTANCE; 
MIX-
TURE.—The terms ‘‘chemical substance’’ 
and ‘‘mixture’’ have the meanings given 
the terms in section 3 of the Toxic Sub-
stances Control Act (15 U.S.C. 2602). 
(ii) COVERED
FACILITY.—The term 
‘‘covered facility’’ means a covered facility 
identified in the inventory. 
(iii) FENCELINE
COMMUNITY.—The 
term ‘‘fenceline community’’ has the mean-
ing given the term in section 4(a). 
(iv) INVENTORY.—The term ‘‘inven-
tory’’ means the inventory published under 
paragraph (11) of section 8(b) of the Toxic 
Substances 
Control 
Act 
(15 
U.S.C. 
2607(b)). 
(B) ASSESSMENT.—Not later than April 1, 
2027, taking into account the inventory, the 
Administrator shall conduct a single assessment 
of the aggregate, cumulative public health im-
pacts on fenceline communities at covered facili-
ties. 
(C) 
REQUIREMENTS.—The 
assessment 
under subparagraph (B) shall— 
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(i) ascertain the potentially exposed or 
susceptible subpopulations; 
(ii) estimate the magnitude of the po-
tential health impacts on— 
(I) fenceline communities gen-
erally; and 
(II) more exposed or susceptible 
subpopulations specifically; 
(iii) determine which chemical sub-
stances or mixtures may be causing or con-
tributing to potential adverse public health 
impacts; 
(iv) include an assessment of— 
(I) the cumulative exposures as-
sociated with covered facilities from 
all chemicals used to make plastic 
polymers; 
(II) the chemical substances (in-
cluding plastic polymers, additives, 
and byproducts) produced from— 
(aa) the use of the plastic 
polymers as feedstocks for other 
chemicals; and 
(bb) 
waste-to-fuel 
tech-
nology; and 
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(III) the impact of chemical sub-
stances (including plastic polymers, 
additives, and byproducts) on— 
(aa) the recyclability of plas-
tics; 
(bb) the use of recycled con-
tent in food contact products and 
packaging; and 
(cc) public health; and 
(v) focus on— 
(I) communities located near cov-
ered facilities; 
(II) workers at covered facilities; 
and 
(III) other potentially exposed or 
susceptible subpopulations. 
(D) PROCEDURAL
REQUIREMENTS.—The 
assessment under subparagraph (B) shall be 
subject to— 
(i) public notice and an opportunity 
for public comment; and 
(ii) peer review by the Science Advi-
sory Committee on Chemicals established 
under section 26(o) of the Toxic Sub-
stances Control Act (15 U.S.C. 2625(o)). 
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(3) HIGH-PRIORITY SUBSTANCES.— 
(A) STYRENE AND VINYL CHLORIDE.—Not 
later than 2 years after the date of enactment 
of this Act, the Administrator shall, after public 
notice and an opportunity for public comment, 
make a final prioritization determination under 
section 6(b)(1) of the Toxic Substances Control 
Act (15 U.S.C. 2605(b)(1)) relating to— 
(i) styrene (including polystyrene); 
and 
(ii) vinyl chloride (including polyvinyl 
chloride). 
(B) OTHER CHEMICALS OR MIXTURES.— 
With respect to any chemical substances or 
mixtures (as those terms are defined in section 
3 of the Toxic Substances Control Act (15 
U.S.C. 2602)) not described in subparagraph 
(A) and identified in the assessment under 
paragraph (2) as causing or contributing to po-
tential adverse public health impacts, the Ad-
ministrator shall— 
(i) include those chemical substances 
or mixtures in any subsequently published 
inventory; and 
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(ii) specify applicable timetables for 
action as part of the inventory in accord-
ance with clause (vii) or (viii) of paragraph 
(11) of section 8(b) of the Toxic Sub-
stances Control Act (15 U.S.C. 2607(b)). 
(4) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There are authorized to 
be appropriated to the Administrator such sums 
as are necessary to carry out this subsection 
and the amendments made by this subsection. 
(B) MAINTENANCE
OF
FUNDING.—The 
funding provided under this paragraph shall 
supplement (and not supplant) other Federal 
funding to carry out the Toxic Substances Con-
trol Act (15 U.S.C. 2601 et seq.). 
(h) HAZARDOUS WASTE.—Not later than 180 days 
after the date of enactment of this Act, the Administrator 
shall initiate a rulemaking to list discarded polyvinyl chlo-
ride as a hazardous waste under the Solid Waste Disposal 
Act (42 U.S.C. 6901 et seq.). 
(i) CUMULATIVE IMPACT REQUIREMENTS FOR COV-
ERED FACILITIES.— 
(1) FEDERAL
WATER
POLLUTION
CONTROL 
ACT.—Section 402 of the Federal Water Pollution 
Control Act (33 U.S.C. 1342) is amended— 
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(A) by striking the section designation and 
heading and all that follows through ‘‘Except 
as’’ in subsection (a)(1) and inserting the fol-
lowing: 
‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI-
NATION SYSTEM. 
‘‘(a) PERMITS ISSUED BY ADMINISTRATOR.— 
‘‘(1) IN GENERAL.—Except as’’; 
(B) in subsection (a)— 
(i) in paragraph (1)— 
(I) by striking ‘‘upon condition 
that such discharge will meet either 
(A) all’’ and inserting the following: 
‘‘subject to the conditions that— 
‘‘(A) the discharge will achieve compliance 
with— 
‘‘(i) all’’; 
(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 
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facility (as defined in section 4(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 
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 
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(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 4(a) of the Protecting Com-
munities from Plastics Act) additional controls 
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; 
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(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 4(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 
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— 
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(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; 
‘‘(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 
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‘‘(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 
4(a) of the Protecting Communities 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 defined in 
section 4(a) of the Protecting Communities 
from Plastics Act), the permitting authority de-
termines under paragraph (9)(C)(ii)(I)(bb)(BB) 
that the terms and conditions of the permit or 
renewal would not be sufficient to ensure a rea-
sonable certainty of no harm to the health of 
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the general population, or to any potentially ex-
posed or susceptible subpopulation, of the appli-
cable census tracts or Tribal census tracts (as 
those terms are defined by the Director of the 
Bureau of the Census); 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: 
‘‘(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)’’; 
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(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 4(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 
authority shall, in determining whether to 
issue or renew the permit— 
‘‘(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); 
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‘‘(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 
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 
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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 
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, 
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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 
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 
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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) the applicant has sub-
mitted a redemption plan on a 
prior occasion, but continues to 
be a persistent violator and that 
there is no indication exists of ex-
tremely exigent circumstances ex-
cusing the persistent violations.’’. 
(C) 
PERMIT
APPLICATIONS.—Section 
503(b) of the Clean Air Act (42 U.S.C. 
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 4(a) of the Protecting Com-
munities from Plastics Act) shall submit, together with the 
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compliance plan required under this subsection, a cumu-
lative impacts analysis for each census tract or Tribal cen-
sus tract (as those terms are defined by the Director of 
the Bureau of the Census) located in, or immediately adja-
cent to, the area in which the major source that is a cov-
ered source (as so defined) is, or is proposed to be, located 
that analyzes— 
‘‘(A) community demographics and locations of 
community exposure points, such as residences, 
schools, day care centers, nursing homes, hospitals, 
health clinics, places of religious worship, parks, 
playgrounds, and community centers; 
‘‘(B) air quality and the potential effect on that 
air quality of emissions of air pollutants (including 
pollutants listed under section 108 or 112) from the 
proposed covered facility (as so defined), including in 
combination with existing sources of pollutants; 
‘‘(C) the potential effects on soil quality and 
water quality of emissions of air and water pollut-
ants that could contaminate soil or water from the 
proposed major source, including in combination 
with existing sources of pollutants; and 
‘‘(D) public health and any potential effects on 
public health of the proposed covered facility (as so 
defined).’’. 
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(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— 
(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 on 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.). 
(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 
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