814 
hydrocarbons that are commercially pro-
duced; or 
‘‘(ii) acquiring a license for any activ-
ity described in clause (i). 
‘‘(G) COVERED
ISSUER.—The term ‘cov-
ered issuer’ means an issuer that is required to 
file an annual report under subsection (a) or 
section 15(d). 
‘‘(H) DIRECT AND INDIRECT GREENHOUSE 
GAS EMISSIONS.—The term ‘direct and indirect 
greenhouse gas emissions’ includes, with respect 
to a covered issuer— 
‘‘(i) all direct greenhouse gas emis-
sions released by the covered issuer; 
‘‘(ii) all indirect greenhouse gas emis-
sions with respect to electricity, heat, or 
steam purchased by the covered issuer; 
‘‘(iii) significant indirect emissions, 
other than the emissions described in 
clause (ii), emitted in the value chain of 
the covered issuer; and 
‘‘(iv) all indirect greenhouse gas emis-
sions that are attributable to assets owned 
or managed, including assets that are par-
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tially owned or managed, by the covered 
issuer. 
‘‘(I) FOSSIL FUEL RESERVES.—The term 
‘fossil fuel reserves’ has the meaning given the 
term ‘reserves’ under the final rule of the Com-
mission titled ‘Modernization of Oil and Gas 
Reporting’ (74 Fed. Reg. 2158; published Jan-
uary 14, 2009). 
‘‘(J) 
GREENHOUSE
GAS.—The 
term 
‘greenhouse gas’— 
‘‘(i) 
means 
carbon 
dioxide, 
hydrofluorocarbons, 
methane, 
nitrous 
oxide, 
perfluorocarbons, 
sulfur 
hexafluoride, 
nitrogen 
triflouride, 
and 
chlorofluorocarbons; 
‘‘(ii) 
includes 
any 
other 
anthropogenically emitted gas that the Ad-
ministrator of the Environmental Protec-
tion Agency determines, after notice and 
comment, to contribute to climate change; 
and 
‘‘(iii) 
includes 
any 
other 
anthropogenically emitted gas that the 
Intergovernmental 
Panel 
on 
Climate 
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Change determines to contribute to climate 
change. 
‘‘(K) GREENHOUSE GAS EMISSIONS.—The 
term ‘greenhouse gas emissions’ means the 
emissions of greenhouse gas, expressed in terms 
of metric tons of carbon dioxide equivalent. 
‘‘(L) PHYSICAL RISKS.—The term ‘phys-
ical risks’ means financial risks to long-lived 
fixed assets, locations, operations, or value 
chains that result from exposure to physical cli-
mate-related effects, including— 
‘‘(i) increased average global tempera-
tures and increased frequency of tempera-
ture extremes; 
‘‘(ii) increased severity and frequency 
of extreme weather events; 
‘‘(iii) increased flooding; 
‘‘(iv) sea level rise; 
‘‘(v) ocean acidification; 
‘‘(vi) increased frequency of wildfires; 
‘‘(vii) decreased arability of farmland; 
‘‘(viii) decreased availability of fresh 
water; and 
‘‘(ix) any other financial risks to long- 
lived fixed assets, locations, operations, or 
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value chains determined appropriate by the 
Commission, in consultation with appro-
priate climate principals. 
‘‘(M) SOCIAL COST OF CARBON.—The term 
‘social cost of carbon’ means the social cost of 
carbon, as described in the technical support 
document entitled ‘Technical Support Docu-
ment: Technical Update of the Social Cost of 
Carbon for Regulatory Impact Analysis Under 
Executive Order 12866’, published by the Inter-
agency Working Group on Social Cost of Green-
house Gases, United States Government, in Au-
gust 2016 or any successor or substantially re-
lated estimate of the monetized damages associ-
ated with an incremental increase in carbon di-
oxide emissions in a given year. 
‘‘(N) TRANSITION RISKS.—The term ‘tran-
sition risks’ means financial risks that are at-
tributable to climate change mitigation and ad-
aptation, including efforts to reduce greenhouse 
gas emissions and strengthen resilience to the 
impacts of climate change, including— 
‘‘(i) costs relating to— 
‘‘(I) international treaties and 
agreements; 
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‘‘(II) Federal, State, and local 
policy; 
‘‘(III) new technologies; 
‘‘(IV) changing markets; 
‘‘(V) reputational impacts rel-
evant to changing consumer behavior; 
and 
‘‘(VI) litigation; and 
‘‘(ii) assets that may lose value or be-
come stranded due to any of the costs de-
scribed in subclauses (I) through (VI) of 
clause (i). 
‘‘(O) VALUE
CHAIN.—The term ‘value 
chain’— 
‘‘(i) means the total lifecycle of a 
product or service, both before and after 
production of the product or service, as ap-
plicable; and 
‘‘(ii) may include the sourcing of ma-
terials, production, transportation, and dis-
posal with respect to the product or service 
described in clause (i). 
‘‘(2) FINDINGS.—Congress finds that— 
‘‘(A) short-, medium-, and long-term finan-
cial and economic risks and opportunities relat-
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ing to climate change, and the national and 
global reduction of greenhouse gas emissions, 
constitute information that issuers— 
‘‘(i) may reasonably expect to affect 
shareholder decision making; and 
‘‘(ii) should regularly identify, evalu-
ate, and disclose; and 
‘‘(B) the disclosure of information de-
scribed in paragraph (1) should— 
‘‘(i) identify, and evaluate— 
‘‘(I) material physical and transi-
tion risks posed by climate change; 
and 
‘‘(II) the potential financial im-
pact of such risks; 
‘‘(ii) detail any implications such risks 
have on corporate strategy; 
‘‘(iii) detail any board-level oversight 
of material climate related risks and op-
portunities; 
‘‘(iv) allow for intra- and cross-indus-
try comparison, to the extent practicable, 
of climate-related risk exposure through 
the inclusion of standardized industry-spe-
cific and sector-specific disclosure metrics, 
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as identified by the Commission, in con-
sultation with the appropriate climate prin-
cipals; 
‘‘(v) allow for tracking of performance 
over time with respect to mitigating cli-
mate risk exposure; and 
‘‘(vi) incorporate a price on green-
house gas emissions in financial analyses 
that reflects, at minimum, the social cost 
of carbon that is attributable to issuers. 
‘‘(3) DISCLOSURE.—Each covered issuer, in any 
annual report filed by the covered issuer under sub-
section (a) or section 15(d), shall, in accordance 
with any rules issued by the Commission pursuant 
to this subsection, include in each such report infor-
mation regarding— 
‘‘(A) the identification of, the evaluation of 
potential financial impacts of, and any risk- 
management strategies relating to— 
‘‘(i) physical risks posed to the cov-
ered issuer by climate change; and 
‘‘(ii) transition risks posed to the cov-
ered issuer by climate change; 
‘‘(B) a description of any established cor-
porate governance processes and structures to 
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identify, assess, and manage climate-related 
risks; 
‘‘(C) a description of specific actions that 
the covered issuer is taking to mitigate identi-
fied risks; 
‘‘(D) a description of the resilience of any 
strategy the covered issuer has for addressing 
climate risks when differing climate scenarios 
are taken into consideration; and 
‘‘(E) a description of how climate risk is 
incorporated into the overall risk management 
strategy of the covered issuer. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (3) may be construed as precluding a cov-
ered issuer from including, in an annual report sub-
mitted under subsection (a) or section 15(d), any in-
formation not explicitly referenced in such para-
graph. 
‘‘(5) RULEMAKING.—The Commission, in con-
sultation with the appropriate climate principals, 
shall, not later than 2 years after the date of the en-
actment of this subsection, issue rules with respect 
to the information that a covered issuer is required 
to disclose pursuant to this subsection and such 
rules shall— 
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‘‘(A) establish climate-related risk disclo-
sure rules, which shall— 
‘‘(i) be, to the extent practicable, spe-
cialized for industries within specific sec-
tors of the economy, which shall include— 
‘‘(I) the sectors of finance, insur-
ance, transportation, electric power, 
mining, and non-renewable energy; 
and 
‘‘(II) any other sector determined 
appropriate by the Commission, in 
consultation with the appropriate cli-
mate principals; 
‘‘(ii) include reporting standards for 
estimating and disclosing direct and indi-
rect greenhouse gas emissions by a covered 
issuer, and any affiliates of the covered 
issuer, which shall— 
‘‘(I) disaggregate, to the extent 
practicable, total emissions of each 
specified greenhouse gas by the cov-
ered issuer; and 
‘‘(II) include greenhouse gas 
emissions by the covered issuer during 
the period covered by the disclosure; 
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‘‘(iii) include reporting standards for 
disclosing, with respect to a covered 
issuer— 
‘‘(I) the total amount of fossil 
fuel-related assets owned or managed 
by the covered issuer; and 
‘‘(II) the percentage of fossil 
fuel-related assets as a percentage of 
total assets owned or managed by the 
covered issuer; 
‘‘(iv) specify requirements for, and the 
disclosure of, input parameters, assump-
tions, and analytical choices to be used in 
climate scenario analyses required under 
subparagraph (B)(i), including— 
‘‘(I) present value discount rates; 
and 
‘‘(II) time frames to consider, in-
cluding 5-, 10-, and 20-year time 
frames; and 
‘‘(v) include reporting standards and 
guidance with respect to the information 
required under subparagraph (B)(iii); 
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‘‘(B) require that a covered issuer, with re-
spect to a disclosure required under this sub-
section— 
‘‘(i) incorporate into such disclosure— 
‘‘(I) quantitative analysis to sup-
port any qualitative statement made 
by the covered issuer; 
‘‘(II) the rules established under 
subparagraph (A); 
‘‘(III) industry-specific metrics 
that comply with the requirements 
under subparagraph (A)(i); 
‘‘(IV) specific risk management 
actions that the covered issuer is tak-
ing to address identified risks; 
‘‘(V) a discussion of the short-, 
medium-, and long-term resilience of 
any risk management strategy, and 
the 
evolution 
of 
applicable 
risk 
metrics, of the covered issuer under 
each scenario described in clause (ii); 
and 
‘‘(VI) the total cost attributable 
to the direct and indirect greenhouse 
gas emissions of the covered issuer, 
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using, at minimum, the social cost of 
carbon; 
‘‘(ii) consider, when preparing any 
qualitative or quantitative risk analysis 
statement contained in the disclosure— 
‘‘(I) a baseline scenario that in-
cludes physical impacts of climate 
change; 
‘‘(II) a 1.5 degrees scenario; and 
‘‘(III) any additional climate 
analysis scenario considered appro-
priate by the Commission, in consulta-
tion with the appropriate climate prin-
cipals; 
‘‘(iii) if the covered issuer engages in 
the commercial development of fossil fuels, 
include in the disclosure— 
‘‘(I) an estimate of the total and 
a disaggregated amount of direct and 
indirect greenhouse gas emissions of 
the covered issuer that are attrib-
utable to— 
‘‘(aa) combustion; 
‘‘(bb) flared hydrocarbons; 
‘‘(cc) process emissions; 
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‘‘(dd) directly vented emis-
sions; 
‘‘(ee) fugitive emissions or 
leaks; and 
‘‘(ff) land use changes; 
‘‘(II) a description of— 
‘‘(aa) the sensitivity of fossil 
fuel reserve levels to future price 
projection scenarios that incor-
porate the social cost of carbon; 
‘‘(bb) the percentage of the 
reserves of the covered issuer 
that will be developed under the 
scenarios established in clause 
(ii), as well as a forecast for the 
development prospects of each re-
serve under the scenarios estab-
lished in clause (ii); 
‘‘(cc) the potential amount 
of direct and indirect greenhouse 
gas emissions that are embedded 
in proved and probable reserves, 
with each such calculation pre-
sented as a total and in sub-
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divided categories by the type of 
reserve; 
‘‘(dd) the methodology of 
the covered issuer for detecting 
and mitigating fugitive methane 
emissions, which shall include the 
frequency with which applicable 
assets of the covered issuer are 
observed for methane leaks, the 
processes and technology that the 
covered issuer uses to detect 
methane leaks, the percentage of 
assets of the covered issuer that 
the covered issuer inspects under 
that methodology, and quan-
titative and time-bound reduction 
goals of the issuer with respect to 
methane leaks; 
‘‘(ee) the amount of water 
that the covered issuer withdraws 
from freshwater sources for use 
and consumption in operations of 
the covered issuer; and 
‘‘(ff) the percentage of the 
water described in item (ee) that 
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comes from regions of water 
stress or that face wastewater 
management challenges; and 
‘‘(III) any other information that 
the Commission determines is— 
‘‘(aa) necessary; 
‘‘(bb) appropriate to safe-
guard the public interest; or 
‘‘(cc) directed at ensuring 
that investors are informed in ac-
cordance with the findings de-
scribed in paragraph (2); 
‘‘(C) with respect to a disclosure required 
under section 13(s) of the Securities Exchange 
Act of 1934, require that a covered issuer in-
clude in such disclosure any other information, 
or use any climate-related or greenhouse gas 
emissions metric, that the Commission, in con-
sultation with the appropriate climate prin-
cipals, determines is— 
‘‘(i) necessary; 
‘‘(ii) appropriate to safeguard the 
public interest; or 
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‘‘(iii) directed at ensuring that inves-
tors are informed in accordance with the 
findings described in paragraph (2); and 
‘‘(D) with respect to a disclosure required 
under section 13(s) of the Securities Exchange 
Act of 1934, establish how and where the re-
quired disclosures shall be addressed in the cov-
ered issuer’s annual financial filing. 
‘‘(6) FORMATTING.—The Commission shall re-
quire issuers to disclose information in an interactive 
data format and shall develop standards for such 
format, which shall include electronic tags for infor-
mation that the Commission determines is— 
‘‘(A) necessary; 
‘‘(B) appropriate to safeguard the public 
interest; or 
‘‘(C) directed at ensuring that investors 
are informed in accordance with the findings 
described in paragraph (2). 
‘‘(7) PERIODIC UPDATE OF RULES.—The Com-
mission shall periodically update the rules issued 
under this subsection. 
‘‘(8) COMPILATION
OF
INFORMATION
DIS-
CLOSED.—The Commission shall, to the maximum 
extent practicable make a compilation of the infor-
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mation disclosed by issuers under this subsection 
publicly available on the website of the Commission 
and update such compilation at least once each year. 
‘‘(9) REPORTS.— 
‘‘(A) REPORT TO CONGRESS.—The Com-
mission shall— 
‘‘(i) conduct an annual assessment re-
garding the compliance of covered issuers 
with the requirements of this subsection; 
‘‘(ii) submit to the appropriate con-
gressional committees a report that con-
tains the results of each assessment con-
ducted under clause (i); and 
‘‘(iii) make each report submitted 
under clause (ii) accessible to the public. 
‘‘(B) GAO 
REPORT.—The Comptroller 
General of the United States shall periodically 
evaluate, and report to the appropriate congres-
sional committees on, the effectiveness of the 
Commission in carrying out and enforcing this 
subsection.’’. 
SEC. 853. BACKSTOP. 
If, 2 years after the date of the enactment of this 
Act, the Securities and Exchange Commission has not 
issued the rules required under section 13(s) of the Securi-
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ties Exchange Act of 1934, and until such rules are issued, 
a covered issuer (as defined in such section 13(s)) shall 
be deemed in compliance with such section 13(s) if disclo-
sures set forth in the annual report of such issuer satisfy 
the recommendations of the Task Force on Climate-re-
lated Financial Disclosures of the Financial Stability 
Board as reported in June, 2017, or any successor report, 
and as supplemented or adjusted by such rules, guidance, 
or other comments from the Securities and Exchange 
Commission. 
TITLE IX—WASTE REDUCTION 
Subtitle A—Clean Air 
SEC. 901. DEFINITIONS. 
In this subtitle: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COVERED
FACILITY.—The term ‘‘covered 
facility’’ means— 
(A) an industrial facility that transforms 
natural gas liquids into ethylene and propylene 
for later conversion into plastic polymers; 
(B) a plastic polymerization or polymer 
production facility; and 
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(C) an industrial facility that repolymerizes 
plastic polymers into chemical feedstocks for 
use in new products or as fuel. 
(3) COVERED
PRODUCT.—The term ‘‘covered 
product’’ means— 
(A) ethylene; 
(B) propylene; 
(C) polyethylene in any form (including 
pellets, resin, nurdle, powder, and flakes); 
(D) polypropylene in any form (including 
pellets, resin, nurdle, powder, and flakes); 
(E) polyvinyl chloride in any form (includ-
ing pellets, resin, nurdle, powder, and flakes); 
and 
(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’’ has the meaning given that 
term in section 601. 
(5) 
FENCELINE
MONITORING.—The 
term 
‘‘fenceline monitoring’’ means continuous, real-time 
monitoring of ambient air quality around the entire 
perimeter of a facility. 
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(6) 
FRONTLINE
COMMUNITY.—The 
term 
‘‘frontline community’’ means an environmental jus-
tice community (as defined in section 601) located 
near a covered facility. 
(7) 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 
section 902(c) are in effect. 
(8) 
ZERO-EMISSIONS
ENERGY.—The 
term 
‘‘zero-emissions energy’’ means energy that is pro-
duced without emitting any greenhouse gas. 
SEC. 902. CLEAN AIR. 
(a) TEMPORARY
PAUSE.—During the temporary 
pause period, notwithstanding any other provision of 
law— 
(1) the Administrator shall not issue a new per-
mit for a covered facility under the Clean Air Act 
(42 U.S.C. 7401 et seq.); and 
(2) the Administrator shall object in writing 
under subsections (b) and (c) of section 505 of the 
Clean Air Act (42 U.S.C. 7661d), as applicable, to 
any new permit for a covered facility issued under 
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the Clean Air Act (42 U.S.C. 7401 et seq.) by a 
State or local government pursuant to delegated au-
thority. 
(b) 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, 
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-
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pacts of covered facilities and the products 
of covered facilities. 
(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 
such subparagraph. 
(2) REQUIREMENTS.—The study under para-
graph (1) shall— 
(A) consider— 
(i) the direct, indirect, and cumulative 
environmental impacts of the industries of 
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, 
and environmental justice impacts of those 
industries; and 
(B) recommend technologies, standards, 
and practices to remediate or eliminate the 
local, regional, national, and international air, 
water, waste, climate change, public health, and 
environmental justice impacts of covered facili-
ties and the industries of covered facilities. 
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(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). 
(c) CONTROLLING AIR POLLUTION.— 
(1) 
NEW
SOURCE
PERFORMANCE
STAND-
ARDS.— 
(A) REGULATION.—Not later than 3 years 
after the date of enactment of this Act, the Ad-
ministrator shall finalize regulations pursuant 
to section 111 of the Clean Air Act (42 U.S.C. 
7411) to limit emissions of greenhouse gases 
and other air pollutants from covered facilities. 
(B) NEW
SOURCES.—The regulation re-
quired by subparagraph (A) shall provide for 
the establishment, implementation, and enforce-
ment of standards of performance limiting 
emissions of greenhouse gases and other air 
pollutants under section 111(b) of the Clean 
Air Act (42 U.S.C. 7411(b)) for emissions from 
new, reconstructed, and modified covered facili-
ties that are new sources (as defined in section 
111(a) of such Act (42 U.S.C. 7411(a))). 
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837 
(C) STANDARDS OF PERFORMANCE.—The 
standards of performance required by subpara-
graph (B) shall— 
(i) require the application of the best 
system of emission reduction to include the 
use of zero-emissions energy sources, ex-
cept to the extent that waste gases are re-
cycled; and 
(ii) include necessary conditions and 
procedures for the Administrator to deter-
mine that certain activities at covered fa-
cilities require the use of non-zero-emis-
sions energy sources. 
(D) DESIGNATION AS CATEGORY OF STA-
TIONARY SOURCES.—The regulation required by 
subparagraph (A) shall designate ethylene, pro-
pylene, polyethylene, and polypropylene produc-
tion facilities as a category of stationary 
sources under section 111(b)(1)(A) of the Clean 
Air Act (42 U.S.C. 7411(b)(1)(A)). 
(E) PROTECTION OF FRONTLINE COMMU-
NITIES.—The regulation required by subpara-
graph (A) shall include such updates to existing 
standards of performance under section 111 of 
the Clean Air Act (42 U.S.C. 7411) as the Ad-
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ministrator determines to be necessary, ac-
counting for technological advances, to ensure 
the protection of the health and welfare of 
frontline communities. Such updates shall in-
clude— 
(i) with respect to, at covered facili-
ties, storage vessels containing liquid with 
a vapor pressure of equal to or more than 
5 millimeters of mercury under actual stor-
age conditions, ensuring that owners or op-
erators of such storage vessels use an in-
ternal floating or fixed roof tank connected 
to a volatile organic compound control de-
vice; 
(ii) with respect to elevated or ground- 
level flaring at covered facilities, updating 
standards to ensure that— 
(I) such flaring is permitted only 
when necessary for safety reasons; 
and 
(II) such standards are, without 
exception, continuously applied; 
(iii) with respect to synthetic organic 
chemical manufacturing industry (com-
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monly referred to as ‘‘SOCMI’’) equipment 
used at covered facilities— 
(I) ensuring that owners and op-
erators of such equipment, wherever 
possible, use process units and compo-
nents with a leak-less or seal-less de-
sign; 
(II) ensuring that owners and op-
erators of such equipment use optical 
gas imaging to identify leaks on a 
quarterly basis; 
(III) prohibiting the use of open- 
ended valves or lines except for safety 
reasons; 
(IV) lowering the threshold for 
‘‘no detectable emissions’’ to mean an 
instrument reading of less than 50 
parts per million above background 
concentrations; and 
(V) defining a leak as any instru-
ment reading above the standard de-
scribed in subclause (IV); 
(iv) with respect to natural gas-fired 
steam boilers at covered facilities, ensuring 
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that such boilers may burn only gaseous 
fuels, not solid or liquid fuels; and 
(v) with respect to air emissions moni-
toring at covered facilities, requiring— 
(I) accurate and continuous emis-
sions monitoring of criteria air pollut-
ants subject to a standard issued 
under section 109 of the Clean Air 
Act (42 U.S.C. 7409) for all combus-
tion 
devices 
except 
non-enclosed 
flares; 
(II) fenceline monitoring for the 
pollutants listed in subclause (I) and 
other relevant air pollutants; and 
(III) accurate and continuous 
recordkeeping when monitoring de-
scribed in subclauses (I) and (II) is 
required and making such records 
publicly available. 
(2) NATIONAL EMISSION STANDARDS FOR HAZ-
ARDOUS AIR POLLUTANTS.— 
(A) REGULATION.—Not later than 3 years 
after the date of enactment of this Act, the Ad-
ministrator shall finalize regulations pursuant 
to section 112 of the Clean Air Act (42 U.S.C. 
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7412) to further limit emissions of hazardous 
air pollutants (as defined in section 112(a) of 
the Clean Air Act (42 U.S.C. 7412(a)) from 
covered facilities and benzene waste operations. 
(B) 
MAXIMUM
ACHIEVABLE
CONTROL 
TECHNOLOGY STANDARDS.—The regulations re-
quired by subparagraph (A) shall provide for 
the establishment, implementation, and enforce-
ment of updated maximum achievable control 
technology standards for covered facilities and 
benzene waste operations. Such standards 
shall— 
(i) at a minimum, prohibit, for any 
hazardous air pollutant, an instrument 
reading of 50 or more parts per million 
above background concentrations; 
(ii) define a leak of a hazardous air 
pollutant as any instrument reading above 
the standard described in clause (i); and 
(iii) include necessary conditions and 
procedures for the Administrator to deter-
mine whether covered facilities and ben-
zene waste operations exhibit any such 
leaks. 
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(C) PROTECTION OF FRONTLINE COMMU-
NITIES.—The regulation required by subpara-
graph (A) shall include such updates to existing 
requirements under section 112 of the Clean 
Air Act (42 U.S.C. 7412) as the Administrator 
determines to be necessary, accounting for tech-
nological advances, to ensure the protection of 
the health and welfare of frontline communities. 
Such updates shall include— 
(i) disallowing the use of alternative 
means of emission limitation for the pur-
pose of reducing benzene emissions; and 
(ii) updating standards for covered fa-
cilities and benzene waste operations in ac-
cordance with subparagraph (B)(ii). 
SEC. 903. ENVIRONMENTAL JUSTICE. 
(a) IN GENERAL.—The Administrator shall by rule 
ensure that— 
(1) any proposed permit to be issued under the 
Clean Air Act (42 U.S.C. 7401 et seq.) with respect 
to a covered facility by the Administrator, or by a 
State or local agency to which the Administrator has 
delegated authority to issue such permit, is accom-
panied by an environmental justice assessment 
that— 
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(A) assesses the direct and disparate eco-
nomic, environmental, and public health im-
pacts of the proposed permit on frontline com-
munities; and 
(B) proposes changes or alterations to the 
proposed permit that would, to the maximum 
extent practicable, eliminate or mitigate the im-
pacts described in subparagraph (A); 
(2) one or more public meetings is held in 
frontline communities prior to the beginning of the 
public comment period for the proposed permit; 
(3) technical assistance is provided to residents 
of frontline communities seeking to participate in 
the public comment period for the proposed permit, 
either from— 
(A) the Environmental Protection Agency; 
or 
(B) expert sources chosen by residents of 
frontline communities; 
(4) each proposed permit and environmental 
justice assessment described in paragraph (1) is de-
livered to applicable frontline communities at the be-
ginning of the public comment period for the pro-
posed permit, which shall include notification 
through— 
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(A) direct means; and 
(B) publications likely to be obtained by 
residents of the frontline community; 
(5) the Administrator or the State or local 
agency described in paragraph (1), as applicable, 
shall not approve the proposed permit unless— 
(A) changes or alterations have been incor-
porated into the proposed permit that, to the 
maximum extent practicable, eliminate or miti-
gate the environmental justice impacts de-
scribed in paragraph (1)(A); and 
(B) the changes or alterations described in 
subparagraph (A) have been developed with 
input from residents or representatives of the 
frontline community in which the covered facil-
ity to which the proposed permit would apply is 
located or seeks to locate; and 
(6) the approval of the proposed permit is con-
ditioned on the covered facility providing comprehen-
sive fenceline monitoring and response strategies 
that fully protect public health and safety and the 
environment in frontline communities. 
(b) INPUT.—In promulgating a rule to carry out sub-
section (a), including any revision to such rule, the Admin-
istrator shall solicit input from— 
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(1) residents of frontline communities; and 
(2) representatives of frontline communities. 
(c) FINAL RULE.—Not later than 3 years after the 
date of enactment of this Act, the Administrator shall pro-
mulgate a final rule to carry out subsection (a). 
Subtitle B—Product Standards and 
Producer Responsibility 
SEC. 911. PRODUCT STANDARDS AND PRODUCER RESPON-
SIBILITY. 
(a) IN GENERAL.—The Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.) is amended by adding at the end 
the following: 
‘‘Subtitle K—Product Standards 
and Producer Responsibility 
‘‘SEC. 12001. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) BEVERAGE.— 
‘‘(A) IN GENERAL.—The term ‘beverage’ 
means any drinkable liquid intended for human 
oral consumption that is— 
‘‘(i) water; 
‘‘(ii) flavored, soda, mineral, or coco-
nut water; 
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‘‘(iii) beer, wine, liquor, hard cider, 
hard seltzer, a wine cooler, or a malt bev-
erage; 
‘‘(iv) a carbonated soft drink; 
‘‘(v) tea; 
‘‘(vi) coffee; 
‘‘(vii) fruit juice; 
‘‘(viii) dairy or plant-based milk; 
‘‘(ix) kombucha; 
‘‘(x) an energy or sports drink; 
‘‘(xi) a yogurt drink; 
‘‘(xii) a probiotic drink; or 
‘‘(xiii) any other drinkable liquid de-
termined to be appropriate by the Adminis-
trator. 
‘‘(B) EXCLUSIONS.—The term ‘beverage’ 
does not include— 
‘‘(i) a product marketed as a liquid 
meal replacement with caloric and nutri-
tional value intended to replace a regular 
meal; 
‘‘(ii) infant formula; 
‘‘(iii) a drug regulated under the Fed-
eral Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.); 
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‘‘(iv) any other beverage that is ex-
empted by a rule of the Administrator. 
‘‘(2) BEVERAGE CONTAINER.— 
‘‘(A) IN
GENERAL.—The term ‘beverage 
container’ means an individual and sealed glass, 
metal, or plastic bottle, can, or jar that— 
‘‘(i) contains a beverage; and 
‘‘(ii) the volume of which is not more 
than 3 liters. 
‘‘(B) EXCLUSION.—The term ‘beverage 
container’ does not include a carton, foil pouch, 
drink box, or metal container that requires a 
tool to be opened in order to be recycled. 
‘‘(3) COMPOSTABLE.— 
‘‘(A) 
IN
GENERAL.—The 
term 
‘compostable’ means, with respect to a covered 
product, that the covered product— 
‘‘(i)(I) meets the ASTM International 
standard specification for compostable 
products numbered D6400 or D6868— 
‘‘(aa) as in effect on the date of 
enactment of this subtitle; or 
‘‘(bb) as revised after the date of 
enactment of this subtitle, if the revi-
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sion is approved by the Administrator; 
and 
‘‘(II) is labeled to reflect that the cov-
ered product meets a standard described in 
subclause (I); 
‘‘(ii) is certified as a compostable 
product by an independent party that is 
approved by the Administrator; or 
‘‘(iii) comprises only— 
‘‘(I) wood without any coatings, 
additives, or toxic substances; or 
‘‘(II) natural or biodegradable 
fiber without any coatings, additives, 
or toxic substances. 
‘‘(B) 
EXCLUSION.—The 
term 
‘compostable’ shall not apply to paper. 
‘‘(4) COVERED PRODUCT.— 
‘‘(A) IN
GENERAL.—The term ‘covered 
product’ means, regardless of recyclability, 
compostability, or material type— 
‘‘(i) packaging; 
‘‘(ii) a food service product; 
‘‘(iii) paper; and 
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‘‘(iv) any other consumer product that 
is designed to be disposed of, recycled, or 
otherwise discarded after a single use. 
‘‘(B) EXCLUSION.—The term ‘covered 
product’ does not include a beverage container. 
‘‘(5) DISTRIBUTOR.—The term ‘distributor’ 
means an entity that engages in the sale of a cov-
ered product or beverage in a beverage container to 
a retailer, including any manufacturer who engages 
in such sale. 
‘‘(6) FOOD SERVICE PRODUCT.—The term ‘food 
service product’ means an item intended to deliver a 
food product, regardless of the recyclability or 
compostability of the item, including— 
‘‘(A) a utensil; 
‘‘(B) a straw; 
‘‘(C) a drink cup; 
‘‘(D) a drink lid; 
‘‘(E) a food package; 
‘‘(F) a food container; 
‘‘(G) a plate; 
‘‘(H) a bowl; 
‘‘(I) a meat tray; and 
‘‘(J) a food wrap. 
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‘‘(7) IMPORTER.—The term ‘importer’ means 
any retailer or manufacturer who directly imports a 
covered product or beverage in a beverage container 
into the United States. 
‘‘(8) MANUFACTURER.—The term ‘manufac-
turer’ means an entity bottling, canning, or other-
wise filling a covered product or beverage container 
for sale to a distributor, importer, or retailer. 
‘‘(9) PACKAGING.— 
‘‘(A) IN GENERAL.—The term ‘packaging’ 
means— 
‘‘(i) any package or container, regard-
less of recyclability or compostability; and 
‘‘(ii) any part of a package or con-
tainer, 
regardless 
of 
recyclability 
or 
compostability, that includes material that 
is used for the containment, protection, 
handling, delivery, and presentation of 
goods that are sold, offered for sale, or dis-
tributed to consumers in the United 
States, including through an internet 
transaction. 
‘‘(B) INCLUSIONS.—The term ‘packaging’ 
includes— 
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‘‘(i) a package or container intended 
for the consumer market; 
‘‘(ii) a package or container designed 
and intended to be used or filled at the 
point of sale, such as carry-out bags, bulk 
good bags, and home delivery food service 
packaging; 
‘‘(iii) a secondary package or con-
tainer used to group products for multiunit 
sale; 
‘‘(iv) a tertiary package or container 
used for transportation or distribution di-
rectly to a consumer; and 
‘‘(v) ancillary elements hung or at-
tached to a product and performing a 
packaging function. 
‘‘(C) EXCLUSION.—The term ‘packaging’ 
does not include a package or container de-
signed to store or protect a product, without 
being opened or tampered with, for more than 
5 years. 
‘‘(10) PAPER.— 
‘‘(A) IN
GENERAL.—The term ‘paper’ 
means paper that is sold, offered for sale, deliv-
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ered, or distributed to a consumer or business 
in the United States. 
‘‘(B) INCLUSIONS.—The term ‘paper’ in-
cludes— 
‘‘(i) newsprint and inserts; 
‘‘(ii) magazines and catalogs; 
‘‘(iii) promotional or advertising paper 
mail; 
‘‘(iv) paper meant for packaging; 
‘‘(v) office paper; and 
‘‘(vi) telephone or other similar direc-
tories. 
‘‘(C) EXCLUSIONS.—The term ‘paper’ does 
not include— 
‘‘(i) a paper product that, due to the 
intended use of the paper product, could 
become unsafe or unsanitary to recycle; or 
‘‘(ii) a bound soft-cover or hard-cover 
book. 
‘‘(11) RECYCLABLE.—The term ‘recyclable’ 
means, with respect to a covered product or beverage 
container, that— 
‘‘(A) the covered product or beverage con-
tainer is economically and technically possible 
to recycle; 
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‘‘(B) United States processing capacity is 
in operation to recycle, with the geographical 
distribution of the capacity aligned with the 
population of geographical regions of the 
United States, of the total quantity of the cov-
ered product or beverage container produced in 
the United States— 
‘‘(i) for each of calendar years 2022 
through 2026, not less than 25 percent; 
‘‘(ii) for each of calendar years 2027 
through 2031, not less than 35 percent; 
‘‘(iii) for each of calendar years 2032 
through 2036, not less than 50 percent; 
and 
‘‘(iv) for calendar year 2037 and each 
calendar year thereafter, not less than 60 
percent; and 
‘‘(C) the consumer that uses the covered 
product or beverage container is not required to 
remove an attached component of the covered 
product or beverage container, such as a shrink 
sleeve, label, or filter, before the covered prod-
uct or beverage container can be recycled. 
‘‘(12) RECYCLE; RECYCLING.— 
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‘‘(A) IN GENERAL.—The terms ‘recycle’ or 
‘recycling’ mean the series of activities by which 
a covered product or beverage container is— 
‘‘(i) collected, sorted, and processed; 
and 
‘‘(ii)(I) converted into a raw material 
with minimal loss of material quality; or 
‘‘(II) used in the production of a new 
product, including one that is identical to 
the original product. 
‘‘(B) EXCLUSION.—The terms ‘recycle’ or 
‘recycling’ do not include— 
‘‘(i) the method of sorting, processing, 
and aggregating materials from solid waste 
that does not preserve the original material 
quality, and, as a result, produces aggre-
gated material that is no longer usable for 
its initial purpose or product and can only 
be repurposed for use in a product of lower 
quality and lower market value (commonly 
referred to as ‘downcycling’); 
‘‘(ii) the use of waste— 
‘‘(I) as a fuel or fuel substitute; 
‘‘(II) for energy production; 
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‘‘(III) for alternate operating 
cover at a landfill; or 
‘‘(IV) within the footprint of a 
landfill; or 
‘‘(iii) the conversion of waste into al-
ternative products, such as chemicals, feed-
stocks, fuels, and energy, through— 
‘‘(I) pyrolysis; 
‘‘(II) hydropyrolysis; 
‘‘(III) methanolysis; 
‘‘(IV) gasification; 
‘‘(V) enzymatic breakdown; or 
‘‘(VI) a similar technology, as de-
termined by the Administrator. 
‘‘(13) RESTAURANT.— 
‘‘(A) IN GENERAL.—The term ‘restaurant’ 
means an establishment the primary business of 
which is the preparation of food or beverage— 
‘‘(i) for consumption by the public; 
‘‘(ii) in a form or quantity that is 
consumable immediately at the establish-
ment, whether or not the food or beverage 
is consumed within the confines of the 
place where the food or beverage is pre-
pared; or 
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‘‘(iii) for take-out. 
‘‘(B) INCLUSION.—The term ‘restaurant’ 
includes a fast food establishment. 
‘‘(14) RETAILER.—The term ‘retailer’ means 
an entity that— 
‘‘(A) engages in the sale of a covered prod-
uct or beverage in a beverage container to a 
consumer; 
‘‘(B) provides a covered product or bev-
erage in a beverage container to another entity 
in commerce, including provision free of charge, 
such as at a workplace or event; or 
‘‘(C) is an owner or operator of a vending 
machine or similar means who engages in the 
sale or provision described in (A) or (B) 
through such vending machine or similar 
means. 
‘‘(15) REUSABLE.—The term ‘reusable’ means, 
with respect to a covered product or beverage con-
tainer, that the covered product or beverage con-
tainer is physically capable of being reused repeat-
edly without degrading the quality or functionality of 
the good. 
‘‘(16) TOXIC SUBSTANCE.— 
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‘‘(A) IN GENERAL.—The term ‘toxic sub-
stance’ means any substance, mixture, or com-
pound that— 
‘‘(i) may cause personal injury or dis-
ease to humans through ingestion, inhala-
tion, or absorption through any body sur-
face; and 
‘‘(ii) satisfies one or more of the fol-
lowing conditions: 
‘‘(I) The substance, mixture, or 
compound is subject to reporting re-
quirements under— 
‘‘(aa) the Emergency Plan-
ning and Community Right-To- 
Know Act of 1986 (42 U.S.C. 
11001 et seq.); 
‘‘(bb) 
the 
Comprehensive 
Environmental Response, Com-
pensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.); 
or 
‘‘(cc) section 112(r) of the 
Clean 
Air 
Act 
(42 
U.S.C. 
7412(r)). 
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‘‘(II) Testing has produced evi-
dence recognized by the National In-
stitute for Occupational Safety and 
Health or the Environmental Protec-
tion Agency that the substance, mix-
ture, or compound poses acute or 
chronic health hazards. 
‘‘(III) The Administrator or the 
Secretary of Health and Human Serv-
ices has issued a public health advi-
sory for the substance, mixture, or 
compound. 
‘‘(IV) Exposure to the substance, 
mixture, or compound is shown by ex-
pert testimony recognized by the En-
vironmental Protection Agency to in-
crease the risk of developing a latent 
disease. 
‘‘(V) The substance, mixture, or 
compound is a perfluoroalkyl or 
polyfluoroalkyl substance. 
‘‘(B) EXCLUSIONS.—The term ‘toxic sub-
stance’ does not include— 
‘‘(i) a pesticide applied— 
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‘‘(I) in accordance with Federal, 
State, and local laws (including regu-
lations); and 
‘‘(II) in accordance with the in-
structions of the manufacturer of the 
pesticide; or 
‘‘(ii) ammunition, a component of am-
munition, a firearm, an air rifle, discharge 
of a firearm or an air rifle, hunting or 
fishing equipment, or a component of 
hunting or fishing equipment. 
‘‘(17) UTENSIL.— 
‘‘(A) IN
GENERAL.—The term ‘utensil’ 
means a product designed to be used by a con-
sumer to facilitate the consumption of a food or 
beverage. 
‘‘(B) INCLUSIONS.—The term ‘utensil’ in-
cludes a knife, a fork, a spoon, a spork, a cock-
tail pick, a chopstick, a splash stick, and a stir-
rer. 
‘‘SEC. 12002. RECYCLED CONTENT STANDARDS. 
‘‘(a) PLASTIC BEVERAGE CONTAINERS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Administrator shall require each manufacturer 
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of plastic beverage containers to make the plastic 
beverage containers— 
‘‘(A) by 2025, of 25 percent post-consumer 
recycled content from United States sources; 
‘‘(B) by 2030, of 30 percent post-consumer 
recycled content from United States sources; 
‘‘(C) by 2035, of 50 percent post-consumer 
recycled content from United States sources; 
‘‘(D) by 2040, of 80 percent post-consumer 
recycled content from United States sources; 
and 
‘‘(E) by such dates thereafter as the Ad-
ministrator shall establish, such percentages of 
post-consumer recycled content from United 
States sources as the Administrator determines 
by a rule to be appropriate. 
‘‘(2) ADJUSTMENT.—After consideration of the 
results of the study under subsection (b)(1), the Ad-
ministrator may issue regulations to modify one or 
more of the percentages described in subparagraphs 
(A) through (D) of paragraph (1). 
‘‘(b) OTHER COVERED PRODUCTS AND BEVERAGE 
CONTAINERS.— 
‘‘(1) STUDY.—The Administrator, in coordina-
tion with the Director of the National Institute of 
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Standards and Technology, the Commissioner of 
Food and Drugs, and the head of any other relevant 
Federal agency, shall carry out a study to determine 
the technical and safe minimum post-consumer recy-
cled content requirements for covered products and 
beverage containers, including beverage containers 
composed of glass, aluminum, and other materials. 
‘‘(2) REPORT.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subtitle, the 
Administrator shall submit to Congress a report 
describing the results of the study under para-
graph (1), including— 
‘‘(i) an estimate of the current and 
projected consumption of covered products 
and use of beverage containers in the 
United States; 
‘‘(ii) an estimate of current and pro-
jected future recycling rates of covered 
products and beverage containers in the 
United States; 
‘‘(iii) an assessment of techniques and 
recommendations to minimize the creation 
of new materials for covered products and 
beverage containers; and 
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‘‘(iv) an assessment of— 
‘‘(I) post-consumer recycled con-
tent standards for covered products 
and beverage containers that are tech-
nologically feasible; and 
‘‘(II) the impact of the standards 
described in subclause (I) on recycling 
rates of covered products and bev-
erage containers. 
‘‘(B) PUBLICATION.—On submission of the 
report under subparagraph (A) to Congress, the 
Administrator shall publish in the Federal Reg-
ister for public comment— 
‘‘(i) the report; and 
‘‘(ii) a description of the actions the 
Administrator intends to take during the 
1-year period after the date of publication 
in the Federal Register to establish min-
imum 
post-consumer 
recycled 
content 
standards for covered products and bev-
erage containers. 
‘‘(3) MINIMUM STANDARDS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the Administrator publishes the report 
under paragraph (2)(B), the Administrator 
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‘‘(4) incorporating recycled materials; 
‘‘(5) designing to reduce environmental impacts 
across the lifecycle of a product; 
‘‘(6) incorporating sustainably and renewably 
sourced material; 
‘‘(7) optimizing material to use the minimum 
quantity of packaging necessary to effectively deliver 
a product without damage or spoilage; 
‘‘(8) degradability of materials in cold-water en-
vironments; and 
‘‘(9) improving recyclability and compostability. 
‘‘SEC. 12004. PRODUCT LABELING. 
‘‘(a) IN GENERAL.—A manufacturer shall include la-
bels on covered products and beverage containers that— 
‘‘(1) are easy to read; 
‘‘(2) indicate that the covered product or bev-
erage container is— 
‘‘(A) recyclable; 
‘‘(B) not recyclable; 
‘‘(C) compostable; or 
‘‘(D) reusable; 
‘‘(3) in the case of a covered product or bev-
erage container that is not recyclable, does not in-
clude the universal chasing arrows recycling symbol 
or any other similar symbol that would lead a con-
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sumer to believe that the item should be sorted for 
recycling; 
‘‘(4) in the case of a plastic bag that is not 
compostable, is not tinted green or brown; 
‘‘(5) in the case of a compostable bag, is tinted 
green or brown and includes information identifying 
the entity designated by the Administrator that has 
certified that the product is compostable; and 
‘‘(6) in the case of a covered product or bev-
erage container that is compostable, includes a green 
or brown stripe or similar marking to identify that 
the item is compostable. 
‘‘(b) STANDARDIZED LABELS.—The Administrator 
shall establish or approve a standardized label for each 
category of covered product and beverage container to be 
used by manufacturers under subsection (a). 
‘‘(c) REQUIREMENT.—A label described in subsection 
(a), including a shrink sleeve— 
‘‘(1) shall be compatible with the intended 
method of discard for the covered product or bev-
erage container; and 
‘‘(2) shall not require removal by consumers in 
order to be discarded in the intended method. 
‘‘(d) COMPATIBILITY.—The Administrator shall en-
courage label manufacturers, in coordination with the sup-
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ply chains of those manufacturers, including substrate 
suppliers, converters, and ink suppliers, to work with the 
recycling industry to address label recycling compatibility 
challenges. 
‘‘(e) WET WIPES.—With respect to the label de-
scribed in subsection (a) for a wet wipe product— 
‘‘(1) in the case of a wet wipe product sold in 
the United States that is intended to be disposed of 
in the solid waste stream, the label shall include— 
‘‘(A) on the front of the package near the 
dispensing point, the statement ‘Do Not Flush’; 
and 
‘‘(B) in high contrast font and color, a ‘Do 
Not Flush’ moniker and symbol that is other-
wise in accordance with the voluntary guidelines 
for labeling practices of the nonwoven fabrics 
industry contained in the Code of Practice of 
the Association of the Nonwoven Fabrics Indus-
try 
and 
the 
European 
Disposables 
and 
Nonwovens 
Association, 
entitled 
‘Commu-
nicating Appropriate Disposal Pathways for 
Nonwoven Wipes to Protect Wastewater Sys-
tems’, second edition, as published in April 
2017; 
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‘‘(2) in the case of a wet wipe product sold in 
the United States that is capable of being, or in-
tended to be, disposed of in a sewer or septic system 
the label may include the statement ‘flushable’, 
‘sewer and septic safe’, or other statement that the 
product is intended to be disposed of in a sewer or 
septic system if the product— 
‘‘(A) meets the performance standards for 
dispersibility in a sewer system or septic system 
established by the International Water Services 
Flushability Group (as in effect on the date of 
enactment of this subtitle); and 
‘‘(B) does not contain chemicals or addi-
tives harmful to the public wastewater infra-
structure; and 
‘‘(3) in the case of a wet wipe product that is 
composed of plastic or other synthetic material, in-
cluding regenerated cellulosic fibers— 
‘‘(A) the label, marketing claims, or other 
advertisements for the product may not identify 
the product as ‘flushable’, ‘sewer and septic 
safe’, or otherwise intended to be disposed of in 
a sewer or septic system; and 
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‘‘(B) the label shall clearly and conspicu-
ously state that the product contains plastic or 
other synthetic material. 
‘‘SEC. 12005. RECYCLING AND COMPOSTING RECEPTACLE 
LABELING. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) PUBLIC SPACE.—The term ‘public space’ 
means a business, an airport, a school, a stadium, 
a government office, a park, and any other public 
space, as determined by the Administrator. 
‘‘(2) RECYCLING
OR
COMPOSTING
RECEP-
TACLE.—The term ‘recycling or composting recep-
tacle’ means a recycling or composting bin, cart, or 
dumpster. 
‘‘(3) 
RESIDENTIAL
RECYCLING
AND 
COMPOSTING PROGRAM.—The term ‘residential recy-
cling and composting program’ means a recycling 
and composting program that services single family 
dwellings, multifamily dwellings or facilities, or both. 
‘‘(b) IN GENERAL.—The Administrator shall develop 
and publish guidelines for a national standardized labeling 
system for recycling and composting receptacles that use 
a methodology that is consistent throughout the United 
States to assist members of the public in properly recy-
cling and composting. Labels shall— 
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‘‘(1) use a national standardized methodology 
of colors, images, format, and terminology, including 
to address diverse ethnic populations; 
‘‘(2) be placed on recycling and composting re-
ceptacles in public spaces; and 
‘‘(3) communicate to users of those recycling 
and composting receptacles— 
‘‘(A) 
the 
specific 
recyclables 
and 
compostables accepted locally; and 
‘‘(B) the specific rules of sorting for local 
recycling and composting systems. 
‘‘(c) DEVELOPMENT OF LABELS.— 
‘‘(1) IN
GENERAL.—Manufacturers in the 
United States shall, in accordance with the guide-
lines published under subsection (b), work with 
State and local governments, as applicable, to use 
the national standardized labeling system to develop 
labels for use on recycling and composting recep-
tacles in public spaces. 
‘‘(2) SIMPLE AND DETAILED VERSIONS.—In de-
veloping labels under paragraph (1), manufacturers 
shall develop— 
‘‘(A) a simple version of the label for use 
on recycling and composting receptacles used in 
public spaces, which shall communicate general 
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guidance on local recycling and composting re-
quirements; and 
‘‘(B) a detailed version of the label for use 
on recycling and composting receptacles used as 
part of a residential recycling and composting 
program, taking into consideration the com-
plexity of the packaging and products disposed 
of by single family dwellings and multifamily 
dwellings and facilities. 
‘‘(d) DISTRIBUTION OF LABELS.— 
‘‘(1) SIMPLE VERSION.— 
‘‘(A) IN
GENERAL.—Manufacturers and, 
as applicable, distributors shall work with State 
and local governments, as applicable, to dis-
tribute the simple version of the label developed 
under subsection (c)(2)(A) to each customer 
that owns or operates a public space within the 
jurisdiction of the relevant State or local gov-
ernment. 
‘‘(B) QUANTITY.—The quantity of labels 
distributed to an owner or operator of a public 
space under subparagraph (A) shall be reason-
ably sufficient to ensure that a label may be 
placed on each recycling and composting recep-
tacle in that public space. 
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‘‘(C) ADDITIONAL LABELS.—If the quan-
tity of labels distributed under subparagraph 
(B) is insufficient, manufacturers and, as appli-
cable, distributors shall make available to own-
ers and operators described in subparagraph 
(A) additional labels to purchase or download. 
‘‘(D) REQUIREMENT OF OWNERS AND OP-
ERATORS.—An owner or operator of a public 
space that receives labels under subparagraph 
(A) shall display the labels on the recycling and 
composting receptacles in that public space. 
‘‘(2) DETAILED VERSION.—An owner or oper-
ator, including any municipal or private entity, that 
services a residential recycling and composting pro-
gram shall display a detailed standardized label de-
veloped under subsection (c)(2)(B) on each recycling 
and composting receptacle used by the residential re-
cycling and composting program. 
‘‘(e) GROUPS.—Manufacturers and, as applicable, 
distributors may form organizations to act on their behalf 
to comply with subsections (c) and (d). 
‘‘SEC. 12006. RECYCLING AND COMPOSTING COLLECTION. 
‘‘The Administrator, in consultation with manufac-
turers, distributors, State and local governments, and af-
fected stakeholders, shall issue guidance to standardize— 
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‘‘(1) recycling and composting collection across 
communities and States; and 
‘‘(2) reporting to the Administrator of rates of 
recycling, composting, and other forms of waste 
management across communities and States. 
‘‘SEC. 12007. PROTECTION OF LOCAL GOVERNMENTS. 
‘‘Nothing in this subtitle preempts any State or local 
law in effect on or after the date of enactment of this sub-
title that— 
‘‘(1) requires beverage containers or other cov-
ered products to be made of a greater percentage of 
post-consumer recycled content than required under 
section 12002; or 
‘‘(2) in any other way exceeds the requirements 
of this subtitle. 
‘‘SEC. 12008. ANNUAL ASSESSMENT OF PLASTIC WASTE. 
‘‘(a) IN GENERAL.—The Administrator shall conduct 
an annual study on the origins, quantity, and composition 
of plastic waste in the municipal solid waste system. 
‘‘(b) CONTENTS.—In carrying out subsection (a), the 
Administrator shall assess— 
‘‘(1) the primary origins of plastic waste that 
enters the municipal solid waste system, including 
from residential, commercial, or other sources; 
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‘‘(2) the quantity of plastic waste that enters 
the municipal solid waste system, including by prod-
uct category; 
‘‘(3) the quantity of plastic waste recycled, 
composted, combusted with or without energy recov-
ery, or landfilled, including by product category; and 
‘‘(4) any other relevant metrics that the Admin-
istrator determines to be appropriate. 
‘‘(c) CONSULTATION.—The Administrator may con-
sult with relevant stakeholders in conducting the study 
under this section, including representatives of— 
‘‘(1) public and private sector recycling, 
composting, and solid waste management industries, 
including collection providers; 
‘‘(2) recyclers, composters, collection providers, 
and other solid waste management industries; 
‘‘(3) industry groups or associations; 
‘‘(4) any other relevant stakeholder group in-
volved in the management, transport, or disposal of 
plastic waste that the Administrator determines to 
be appropriate. 
‘‘(d) REPORT.—Not later than 1 year after the date 
of enactment of this subtitle, and annually thereafter, the 
Administrator shall submit to Congress, and make pub-
licly available on the website of the Environmental Protec-
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tion Agency, a report containing the results of the annual 
study conducted under this section. 
‘‘Subtitle L—Beverage Container 
Collection 
‘‘SEC. 13001. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) AREA.—When used in the context of space 
occupied by a retailer, the term ‘area’ means— 
‘‘(A) the number of square feet of the 
building or portion of the building leased or 
owned by the retailer; and 
‘‘(B) only includes retail space if— 
‘‘(i) the retail space is less than 5,000 
square feet; 
‘‘(ii) the retail space occupies less 
than 50 percent of the leased or owned 
space where retail operations are located; 
and 
‘‘(iii) the nonretail space is used in 
whole or in part for the manufacturing of 
beverages. 
‘‘(2) BEVERAGE.—The term ‘beverage’ has the 
meaning given that term in section 12001. 
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‘‘(3) BEVERAGE CONTAINER.—The term ‘bev-
erage container’ has the meaning given that term in 
section 12001. 
‘‘(4) BEVERAGE DISTRIBUTOR.—The term ‘bev-
erage distributor’ means an entity that engages in 
the sale of a beverage in a beverage container to a 
retailer, including any manufacturer who engages in 
such sale. 
‘‘(5) BEVERAGE
IMPORTER.—The term ‘bev-
erage importer’ means any retailer or manufacturer 
who directly imports a beverage in a beverage con-
tainer into the United States. 
‘‘(6) BEVERAGE
MANUFACTURER.—The term 
‘beverage manufacturer’ means an entity bottling, 
canning, or otherwise filling a beverage container for 
sale to a distributor, importer, or retailer. 
‘‘(7) BEVERAGE
RETAILER.—The term ‘bev-
erage retailer’ means an entity that— 
‘‘(A) engages in the sale of a beverage in 
a beverage container to a consumer; 
‘‘(B) provides a beverage in a beverage 
container to another entity in commerce, includ-
ing provision free of charge, such as at a work-
place or event; or 
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‘‘(C) is an owner or operator of a vending 
machine or similar means who engages in the 
sale or provision described in (A) or (B) 
through such vending machine or similar 
means. 
‘‘(8) CATEGORY OF BEVERAGE.—The term ‘cat-
egory of beverage’ means one of the following cat-
egories of beverage in a beverage container: 
‘‘(A) Water. 
‘‘(B) Carbonated soft drinks. 
‘‘(C) All other non-alcoholic beverages (ex-
cluding infant formula, liquid meal replace-
ments, and any other product excluded from the 
definition of a beverage). 
‘‘(D) Alcoholic beverages. 
‘‘(E) Beverages containing marijuana or 
hemp. 
‘‘(9) CONVENIENCE ZONE.—The term ‘conven-
ience zone’ means a convenience zone specified by 
the Administrator under section 13002(e)(1)(A). 
‘‘(10) RECOVERY
RATE.—The term ‘recovery 
rate’ means the quantity of beverage containers col-
lected divided by the quantity of beverage containers 
produced, expressed as a percentage. 
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‘‘(11) REDEMPTION
CENTER.—The term ‘re-
demption center’ means a redemption center de-
scribed in section 13002(d). 
‘‘(12) RETURN RATE.—The term ‘return rate’ 
means the number of beverage containers returned 
for the refund value in accordance with section 
13003(e) during a calendar year and the number of 
beverage containers that carry a refund value sold 
during that calendar year, calculated separately. 
‘‘SEC. 
13002. 
BEVERAGE 
CONTAINER 
RECOVERY 
PRO-
GRAMS. 
‘‘(a) IN GENERAL.—Subject to subsection (b), not 
later than 5 years after the date of enactment of this sub-
title— 
‘‘(1) every beverage container sold or offered 
for sale by a retailer shall clearly indicate by em-
bossing, a stamp, a label, or other method securely 
affixed to the beverage container, the refund value 
of the container; 
‘‘(2) each retailer shall pay distributors the re-
fund value for each beverage container delivered; 
‘‘(3) on the sale of each beverage container by 
a retailer, the retailer may collect a refund value in 
accordance with section 13003(e); 
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‘‘(4) on return of the beverage container to a 
retailer or a redemption center by a person, the re-
tailer or redemption center, as applicable, shall 
repay a refund value to the person; 
‘‘(5) retailers that are participating in a re-
demption center in accordance with subsection (d) 
shall collectively pay not less than 50 percent of the 
cost of operating the redemption center, which 
amount shall be apportioned among the retailers 
based on the total volume of beverage containers 
sold by each retailer; 
‘‘(6) a distributor that is a member of a dis-
tributor cooperative under subsection (c) shall re-
trieve containers from retailers or redemption cen-
ters and pay refunds through the distributor cooper-
ative in accordance with that subsection; 
‘‘(7) a distributor that is not a member of a 
distributor cooperative under subsection (c) shall— 
‘‘(A) in a timely manner and consistent 
with commercial best practices, collect beverage 
containers that— 
‘‘(i) the distributor distributes to a re-
tailer; and 
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‘‘(ii) the retailer or an applicable re-
demption center has collected from con-
sumers; and 
‘‘(B) on receipt of each beverage container 
under subparagraph (A), pay the retailer or the 
redemption center, as applicable, the refund 
value; and 
‘‘(8) by June 1 of each calendar year, a dis-
tributor or importer shall provide to the Adminis-
trator a report that lists the beverage container re-
turn data for the previous calendar year of the dis-
tributor or importer, calculated separately for glass, 
metal, and plastic beverage containers. 
‘‘(b) EXCEPTION FOR STATES WITH EXISTING PRO-
GRAMS.— 
‘‘(1) IN GENERAL.—A State that has in effect 
a beverage container recovery program the require-
ments of which are substantially similar to, or more 
stringent than, the requirements of this section may 
submit to the Administrator a request to waive the 
applicability of this section in that State. 
‘‘(2) REQUIREMENT.—The Administrator may 
approve a waiver under paragraph (1) if the State 
demonstrates that the beverage container recovery 
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rate for the program in that State is more than 75 
percent. 
‘‘(c) DISTRIBUTOR COOPERATIVES.— 
‘‘(1) IN GENERAL.—The Administrator may ap-
prove the formation of a distributor cooperative by 
2 or more distributors or importers for the purposes 
of— 
‘‘(A) collecting the refund value of bev-
erage containers specified from distributors or 
importers and refunding to retailers the amount 
the retailers paid for the refund value of empty 
beverage containers; 
‘‘(B) paying the refund value for beverage 
containers redeemed; and 
‘‘(C) processing beverage containers. 
‘‘(2) APPLICATIONS.— 
‘‘(A) IN
GENERAL.—Applications to be-
come a distributor cooperative described in 
paragraph (1) shall be submitted to the Admin-
istrator. 
‘‘(B) CONTENTS.—An application under 
subparagraph (A) shall include— 
‘‘(i) evidence of consultation with 
stakeholders prior to submitting the appli-
cation for approval; 
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‘‘(ii) assurances that— 
‘‘(I) the distributor cooperative 
will provide an opportunity for stake-
holder input in the implementation 
and operation of the activities de-
scribed in paragraph (1); 
‘‘(II) distributors will pay the 
costs of collecting and managing bev-
erage containers; 
‘‘(III) reasonable and free con-
sumer access to collection facilities or 
collection services will be provided; 
‘‘(IV) the distributor cooperative 
will make consumers aware of— 
‘‘(aa) the activities described 
in paragraph (1); 
‘‘(bb) the location of collec-
tion facilities or the availability 
of collection services; and 
‘‘(cc) how to manage bev-
erage containers in a safe man-
ner; 
‘‘(V) the distributor cooperative 
will have the ability to track the re-
turn rate, the management of costs 
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incurred by the program, and the 
management of environmental impacts 
of the program; and 
‘‘(VI) the distributor cooperative 
will have a dispute resolution proce-
dure for disputes that arise during 
implementation of the activities under 
paragraph (1); and 
‘‘(iii) such other information as the 
Administrator may require. 
‘‘(3) CONSIDERATIONS.—In deciding whether to 
approve an application under paragraph (2), the Ad-
ministrator may consider any of the following: 
‘‘(A) The population and geographical area 
of the markets in which the distributor coopera-
tive operates. 
‘‘(B) The quantity of beverage containers 
that distributors expect will be used in a com-
mercial enterprise, sold, offered for sale, or dis-
tributed each year. 
‘‘(C) The quantity of beverage containers 
that the distributor cooperative expects to col-
lect each year. 
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‘‘(D) The size of the population intended 
to be served by collection facilities or collection 
services of the distributor cooperative. 
‘‘(E) The provision of convenient options 
for the collection of beverage containers in 
urban centers and small, isolated communities, 
and for persons with disabilities or who have no 
access to transportation. 
‘‘(F) The manner, kind, and quantity of 
advertising and consumer education planned by 
the distributor to inform consumers of— 
‘‘(i) the location and operation of col-
lection facilities; 
‘‘(ii) the availability of collection serv-
ices; and 
‘‘(iii) the environmental and economic 
benefits of participating in the activities 
under paragraph (1). 
‘‘(G) The methods of beverage container 
collection, storage, transportation, and manage-
ment. 
‘‘(H) Distributor cooperatives in the same 
geographical area. 
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‘‘(I) The structure of financial and oper-
ational cooperation with 2 or more distributors 
or importers. 
‘‘(4) REQUIREMENTS.—A distributor coopera-
tive under paragraph (1) shall— 
‘‘(A) outline a plan to achieve, or to be ca-
pable of achieving by a reasonable date, which 
shall be not later than 2 years after the date of 
enactment of this subtitle— 
‘‘(i) a 75 percent recovery rate or any 
performance measures, performance re-
quirements, or targets established by the 
Administrator; and 
‘‘(ii) any performance measures, per-
formance requirements, or targets in the 
plan; and 
‘‘(B) submit the plan described in subpara-
graph (A) and such additional documentation 
as the Administrator determines to be necessary 
with each report provided to the Administrator 
under paragraph (9). 
‘‘(5) COMPLIANCE.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this subtitle, 
each distributor and distributor cooperative 
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shall achieve the applicable target recovery 
rates established under paragraph (4)(A)(i). 
‘‘(B) NONCOMPLIANCE.—If a distributor 
or distributor cooperative does not achieve an 
applicable target recovery rate in accordance 
with subparagraph (A), the distributor or dis-
tributor cooperative shall— 
‘‘(i) submit to the Administrator a 
plan to achieve the applicable target recov-
ery rate; and 
‘‘(ii) forfeit to the Administrator the 
amount of any unredeemed beverage con-
tainer deposits received by the distributor 
or distributor cooperative. 
‘‘(C) USE OF FORFEITED AMOUNTS.—The 
Administrator shall use amounts forfeited under 
subparagraph (B)(ii) for marketing and out-
reach relating to the program under this sub-
title. 
‘‘(6) MULTIPLE ORGANIZATIONS.—A distributor 
may participate in more than 1 distributor coopera-
tive only if each distributor cooperative is established 
for a different category of beverage containers or ge-
ographic area. 
‘‘(7) PARTICIPATION FEES.— 
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‘‘(A) IN GENERAL.—A distributor coopera-
tive may charge each distributor fees for mem-
bership that include, with respect to a dis-
tributor, the costs of collecting or cleaning up 
the beverage containers of the distributor. 
‘‘(B) CONSIDERATIONS.—In determining 
the costs of collection and cleanup described in 
subparagraph (A), the distributor cooperative 
shall take into account— 
‘‘(i) the cost to properly manage the 
applicable category of beverage container 
waste; and 
‘‘(ii) the environmental benefits of 
beverage containers that— 
‘‘(I) are specifically designed to 
be reusable or refillable; and 
‘‘(II) have a high reuse or refill 
rate. 
‘‘(8) REVOCATION.—The Administrator may re-
voke the approval of a distributor cooperative for 
continued or persistent noncompliance with the re-
quirements of this subtitle. 
‘‘(9) REPORTS.—Not later than July 1 of each 
calendar year, a distributor cooperative shall provide 
to the Administrator a report that lists, in aggregate 
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form for all distributors and importers that partici-
pate in the distributor cooperative, the fee structure, 
and the beverage container return data for the pre-
vious calendar year, calculated separately for glass, 
metal, and plastic beverage containers. 
‘‘(d) REDEMPTION CENTERS.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
approve a redemption center if the Administrator de-
termines that the redemption center will provide a 
convenient service to consumers for the return of 
empty beverage containers. 
‘‘(2) REQUIREMENTS.—A redemption center 
shall— 
‘‘(A) be staffed and open— 
‘‘(i) each day; and 
‘‘(ii) not less than 10 hours each day; 
‘‘(B) accept— 
‘‘(i) any beverage container; and 
‘‘(ii) not less than 350 beverage con-
tainers per person per day; 
‘‘(C) provide— 
‘‘(i) hand counts by staff of the facil-
ity; 
‘‘(ii) a drop door for consumers who 
are bottle drop account holders to drop off 
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bags of beverage containers for staff of the 
facility to count for a fee; or 
‘‘(iii) any other convenient means of 
receiving beverage containers, as deter-
mined by the Administrator; and 
‘‘(D) be sited in a conveniently accessible 
commercial zone, unless the Administrator de-
termines that another location provides sub-
stantially equivalent service for consumers. 
‘‘(3) FACTORS.—In determining whether to ap-
prove a redemption center under paragraph (1), the 
Administrator shall consider— 
‘‘(A)(i) the location of the redemption cen-
ter; and 
‘‘(ii) if the redemption center is not located 
in a commercial zone, whether the location will 
have similar return convenience for consumers 
as a commercial zone location; 
‘‘(B) the category of beverage containers 
accepted at the redemption center; 
‘‘(C) retailers occupying 5,000 or more 
square feet within a redemption center zone 
that will be served by the redemption center 
and the distance of the retailers from the re-
demption center; 
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‘‘(D) retailers occupying 5,000 or more 
square feet within a redemption center zone 
that will not be served by the redemption center 
and the distance of the retailers from the re-
demption center; 
‘‘(E) days and hours of operation of the 
redemption center; 
‘‘(F) parking facilities serving the redemp-
tion center; 
‘‘(G) evidence showing that the redemption 
center meets all applicable local ordinances and 
zoning requirements; 
‘‘(H) the limitation, if any, on the number 
of beverage containers per person per day that 
the redemption center will accept; 
‘‘(I) 1 or more payment methods offered 
by the redemption center for redeemed beverage 
containers; 
‘‘(J) the projected volume of beverage con-
tainer returns at the redemption center as com-
pared to the actual returns at the retailers to 
be served by the redemption center; 
‘‘(K) a description of how consumers will 
be notified of the location, services, and service 
hours of the redemption center; and 
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‘‘(L) any other relevant factor that the Ad-
ministrator determines to be fundamental to 
the operation of a redemption center. 
‘‘(4) APPLICATIONS.— 
‘‘(A) IN GENERAL.—Any person desiring 
approval of a redemption center shall submit an 
application to the Administrator. 
‘‘(B) CONTENTS.—An application under 
subparagraph (A) shall include— 
‘‘(i) the name and address of each 
person to be responsible for the establish-
ment and operation of the redemption cen-
ter; 
‘‘(ii) the exact location and mailing 
address of the redemption center; 
‘‘(iii) the category of beverage con-
tainers that will be accepted at the re-
demption center; 
‘‘(iv) the names and addresses of the 
retailers occupying 5,000 or more square 
feet within a redemption center zone that 
will be served by the redemption center; 
‘‘(v) the names and addresses of the 
retailers occupying 5,000 or more square 
feet within a redemption center zone that 
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will not be served by the redemption cen-
ter; 
‘‘(vi) the distances from the redemp-
tion center to the retailers occupying 5,000 
or more square feet within a redemption 
center zone that will be served; 
‘‘(vii) the distances from the redemp-
tion center to retailers occupying 5,000 or 
more square feet within a redemption cen-
ter zone that will not be served; 
‘‘(viii) the days and hours of operation 
of the redemption center; 
‘‘(ix) a description of parking facilities 
to serve the redemption center; 
‘‘(x) evidence showing that a redemp-
tion center meets the zoning requirements 
and other applicable State and local ordi-
nances of the regulating jurisdiction; 
‘‘(xi) the limitation, if any, on the 
number of beverage containers per person 
per day that will be accepted at the re-
demption center; 
‘‘(xii) the 1 or more payment methods 
for redeemed beverage containers; 
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‘‘(xiii) the projected volume of bev-
erage container returns at the redemption 
center as compared to the actual returns 
at the retailers to be served by the redemp-
tion center; 
‘‘(xiv) a description of how consumers 
will be notified of the location, services, 
and service hours of the redemption center; 
and 
‘‘(xv) such additional information as 
the Administrator may require. 
‘‘(5) ANNUAL REGISTRATION.— 
‘‘(A) IN GENERAL.—The 1 or more per-
sons responsible for the operation of a redemp-
tion center approved by the Administrator 
under paragraph (1) shall register the redemp-
tion center with the Administrator and pay the 
fee determined by the Administrator not later 
than July 1 of each calendar year, which reg-
istration shall be in effect for the next calendar 
year. 
‘‘(B) CONTENTS.—A registration under 
subparagraph (A)— 
‘‘(i) shall be on a form provided by 
the Administrator; and 
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‘‘(ii) shall contain, at a minimum— 
‘‘(I) a list and exact address of 
each redemption center that the per-
son is responsible for operating during 
the next calendar year; 
‘‘(II) the fee for each redemption 
center that the person is responsible 
for operating during the next calendar 
year; and 
‘‘(III) such additional informa-
tion as may be required by the Ad-
ministrator. 
‘‘(C) WITHDRAWAL OF APPROVAL.— 
‘‘(i) IN GENERAL.—The Administrator 
shall withdraw approval of a redemption 
center if a person responsible for operating 
the redemption center fails to submit the 
required information or pay the required 
fee by July 1 of each calendar year in ac-
cordance with subparagraph (A). 
‘‘(ii) CESSATION
OF
OPERATIONS.— 
On withdraw of approval of a redemption 
center under clause (i), the redemption 
center shall cease all operations until the 
person responsible for operating the re-
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demption center submits the required in-
formation or required fee to the Adminis-
trator. 
‘‘(6) STANDARDS
OF
CLEANLINESS
FOR
RE-
DEMPTION
CENTERS.—All persons responsible for 
the establishment and operation of the redemption 
center shall at all times use commercially reasonable 
practices to keep the redemption center premises, in-
cluding the parking facilities serving the redemption 
center, in accordance with applicable law, in good re-
pair, painted, clean, well-lighted, free of litter and 
trash, and free of rodents, vermin, infestations of in-
sects, and their harborages or breeding places. 
‘‘(e) RETAILERS WITHIN CONVENIENCE ZONES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IN GENERAL.—For each redemption 
center, the Administrator shall specify not less 
than 1 and not more than 2 convenience zones. 
‘‘(B) DETERMINATION.—The area of each 
convenience zone shall be an area surrounding 
the redemption center that is based, to the 
maximum extent practicable, on the proposal 
submitted as part of an application for approval 
of a redemption center under subsection (d)(1). 
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‘‘(C) 
GUIDELINES.—The 
Administrator 
shall establish guidelines for determining the 
surface area sizes of convenience zones. 
‘‘(D) LOCATION.—If the Administrator 
specifies a second convenience zone for a re-
demption center under subparagraph (A), any 
point along the interior border of the second 
convenience zone shall be not closer to the re-
demption center than the exterior border of the 
first convenience zone. 
‘‘(2) ELIGIBILITY.—Any retailer doing business 
within a convenience zone that occupies a space of 
not less than 5,000 square feet in a single area may 
participate in, be served by, and be charged the cost 
of participation in the redemption center in accord-
ance with subsection (a)(5). 
‘‘(3) PARTICIPATING RETAILERS.— 
‘‘(A) FIRST CONVENIENCE ZONE.—A re-
tailer described in paragraph (2) within the 
first convenience zone that participates in, is 
served by, and pays the cost of participation in 
the redemption center may refuse to accept and 
to pay the refund value of empty beverage con-
tainers. 
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‘‘(B) SECOND CONVENIENCE ZONE.—A re-
tailer described in paragraph (2) within the sec-
ond convenience zone, if any, that participates 
in, is served by, and pays the cost of participa-
tion in the redemption center may refuse to ac-
cept and to pay the refund value of more than 
24 individual empty beverage containers re-
turned by any 1 person during any 1 day. 
‘‘(4) SMALL
RETAILERS.—Any retailer doing 
business within a convenience zone that occupies a 
space of less than 5,000 square feet in a single area 
may refuse to accept and to pay the refund value of 
more than 24 individual empty beverage containers 
returned by any 1 person during any 1 day. 
‘‘(5) NONPARTICIPATING RETAILERS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), any retailer doing business 
within a convenience zone that occupies a space 
of not less than 5,000 square feet in a single 
area and does not participate in and is not 
served by a redemption center— 
‘‘(i) may refuse to accept and to pay 
the refund value of more than 350 indi-
vidual empty beverage containers returned 
by any 1 person during any 1 day; and 
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‘‘(ii) shall, beginning on the date on 
which the redemption center begins accept-
ing beverage containers— 
‘‘(I) provide services equivalent to 
the services provided by the redemp-
tion center, including hand counting 
and drop off service; 
‘‘(II) post in each area where 
beverage containers are received a 
clearly visible and legible sign that 
contains the list of services that shall 
be provided by the retailer under this 
subparagraph; and 
‘‘(III) provide not less than the 
greater of— 
‘‘(aa) 2 automated reverse 
vending 
machines 
capable 
of 
processing metal, plastic, and 
glass beverage containers; and 
‘‘(bb) 1 automated reverse 
vending machine described in 
item (aa) for each 500,000 bev-
erage containers sold by the re-
tailer in the previous calendar 
year. 
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‘‘(B) EXCEPTION.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), subparagraph (A) shall not apply to a 
retailer described in that subparagraph 
that sold fewer than 100,000 beverage con-
tainers during the previous calendar year. 
‘‘(ii) SUBMISSION.—To be eligible for 
an exemption under clause (i), a retailer 
shall submit to the Administrator an appli-
cation describing the number of beverage 
containers sold by the retailer during the 
previous calendar year. 
‘‘SEC. 13003. ACCEPTANCE AND RETRIEVAL REQUIRE-
MENTS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c)— 
‘‘(1) a retailer or redemption center may not— 
‘‘(A) refuse to accept from any person any 
beverage container described in subsection (b); 
or 
‘‘(B) refuse to pay in cash the refund value 
of a returned beverage container; and 
‘‘(2) a distributor may not refuse to retrieve 
from a retailer or redemption center any beverage 
container that— 
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‘‘(A) has been returned to the retailer or 
redemption center in accordance with this sub-
title; and 
‘‘(B) is of the category of beverage con-
tainer, brand of beverage container, and size of 
beverage container distributed by the dis-
tributor. 
‘‘(b) BEVERAGE CONTAINER REQUIREMENTS.—To 
be eligible for a refund under this subtitle, a beverage con-
tainer— 
‘‘(1) in the case of a refund provided by a re-
tailer, shall be the category of beverage sold by the 
retailer; and 
‘‘(2) shall not— 
‘‘(A) visibly contain or be contaminated by 
a substance other than water, residue of the 
original contents, or ordinary dust; or 
‘‘(B) be damaged to the extent that the 
brand appearing on the container cannot be 
identified. 
‘‘(c) REFUSAL.— 
‘‘(1) IN GENERAL.—A retailer or redemption 
center may refuse to accept from a person a bev-
erage container if— 
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‘‘(A) the retailer or redemption center has 
reasonable grounds to believe that— 
‘‘(i) the beverage container was ob-
tained from or through a distributor with-
out paying the refund value; or 
‘‘(ii) the beverage container has al-
ready been redeemed, such as through a 
reverse vending process; or 
‘‘(B) in the case of a retailer that is not 
within a convenience zone— 
‘‘(i) the beverage container exceeds an 
applicable limitation described in para-
graph (2); and 
‘‘(ii) the retailer posts a clearly visible 
and legible sign describing the applicable 
limitation described in paragraph (2). 
‘‘(2) LIMITATIONS.—A retailer described in 
paragraph (1)(B) may refuse to accept under that 
paragraph— 
‘‘(A) more than 144 individual beverage 
containers returned by any 1 person during any 
1 day, if the retailer occupies a space of 5,000 
or more square feet in a single area; 
‘‘(B) more than 50 individual beverage 
containers returned by any 1 person during any 
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1 day, if the retailer occupies a space of less 
than 5,000 square feet in a single area; or 
‘‘(C) a beverage container if the retailer 
has not offered that category of beverage con-
tainer for sale within the 180-day period pre-
ceding the attempted return. 
‘‘(d) NOTICE.—Any requirements established under 
subsections (b) and (c) shall be posted in each area where 
beverage containers are received on a clearly visible and 
legible sign. 
‘‘(e) REFUND VALUE.—The refund value for a bev-
erage container shall be not less than 10 cents for each 
beverage container. 
‘‘SEC. 13004. ADMINISTRATION. 
‘‘(a) IN GENERAL.—The Administrator shall ensure 
that— 
‘‘(1) consumers are able to return redeemable 
beverage containers to retailers or redemption cen-
ters; and 
‘‘(2) redemption centers and retailers are able 
to return beverage containers to distributors and 
distributor cooperatives. 
‘‘(b) REGULATIONS.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of enactment of this subtitle, the Ad-
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ministrator shall promulgate regulations to carry out 
this subtitle. 
‘‘(2) REVIEW REQUIRED.—In promulgating or 
revising regulations pursuant to paragraph (1), the 
Administrator shall— 
‘‘(A) review the minimum refund value es-
tablished under section 13003(e) not less fre-
quently than once every 5 years; and 
‘‘(B) revise that value as the Administrator 
determines to be appropriate. 
‘‘(c) ACCOUNTING.— 
‘‘(1) IN GENERAL.—Not later than August 1 of 
each calendar year, using the beverage container re-
turn data provided in section 13002(a)(8), the Ad-
ministrator shall— 
‘‘(A) calculate for the previous calendar 
year the percentage of beverage containers re-
turned for the refund value specified by mate-
rial type; and 
‘‘(B) post the percentages on the website 
of the Environmental Protection Agency. 
‘‘(2) REQUIREMENTS.—The Administrator shall 
calculate return data under paragraph (1)— 
‘‘(A) for each distributor cooperative; 
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‘‘(B) for each distributor or importer that 
does not participate in a distributor cooperative; 
and 
‘‘(C) for all distributors and importers. 
‘‘(d) NONDISCLOSURE.— 
‘‘(1) IN GENERAL.—Except for the percentages 
described in subsection (c), in a proceeding for a vio-
lation of subsection (f), or as provided in paragraph 
(2), the Administrator may not disclose any informa-
tion provided by a distributor, an importer, or a dis-
tributor cooperative under section 13002(a)(8). 
‘‘(2) EXCEPTION.—The Administrator may re-
lease aggregate data of information described in 
paragraph (1) in such a manner that does not reveal 
the sales of any individual distributor. 
‘‘(e) AUDIT.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date on which the Administrator receives a 
report required under section 13002(a)(8), the Ad-
ministrator may review or audit the records of, as 
applicable, each reporting distributor cooperative or 
each reporting distributor or importer that does not 
participate in a distributor cooperative. 
‘‘(2) INDEPENDENT AUDIT.—If in the course of 
a review described in paragraph (1) the Adminis-
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trator determines that an audit of a distributor co-
operative, distributor, or importer is necessary, the 
Administrator shall require the distributor coopera-
tive, distributor, or importer to retain an inde-
pendent financial audit firm to determine the accu-
racy of information contained in the report required 
under section 13002(a)(8). 
‘‘(3) COSTS.—The distributor cooperative, dis-
tributor, or importer that is the subject of review 
under this subsection shall pay the costs of an audit 
under paragraph (2). 
‘‘(4) LIMITATION.—An audit under paragraph 
(2) shall be limited to the records described in sec-
tion 13002(a)(8). 
‘‘(f) ENFORCEMENT.— 
‘‘(1) PROHIBITION.—It shall be unlawful for 
any person that is a distributor, distributor coopera-
tive, manufacturer, importer, retailer, or redemption 
center— 
‘‘(A) to sell, use, import into the United 
States, or distribute any beverage container in 
commerce except in compliance with this sub-
title; or 
‘‘(B) to fail to comply with this subtitle. 
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905 
‘‘(2) CIVIL PENALTY.—Any person that violates 
paragraph (1) shall be subject to a fine in the 
amount of $500 for each violation. 
‘‘(3) SEPARATE
VIOLATIONS.—Each day on 
which a person violates paragraph (1) shall be con-
sidered a separate violation.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Solid Waste Disposal Act (Public Law 89–272; 79 
Stat. 997) is amended by inserting after the item relating 
to section 11011 the following: 
‘‘Subtitle K—Product Standards and Producer Responsibility 
‘‘Sec. 12001. Definitions. 
‘‘Sec. 12002. Recycled content standards. 
‘‘Sec. 12003. Designing for the environment. 
‘‘Sec. 12004. Product labeling. 
‘‘Sec. 12005. Recycling and composting receptacle labeling. 
‘‘Sec. 12006. Recycling and composting collection. 
‘‘Sec. 12007. Protection of local governments. 
‘‘Sec. 12008. Annual assessment of plastic waste. 
‘‘Subtitle L—Beverage Container Collection 
‘‘Sec. 13001. Definitions. 
‘‘Sec. 13002. Beverage container recovery programs. 
‘‘Sec. 13003. Acceptance and retrieval requirements. 
‘‘Sec. 13004. Administration.’’. 
SEC. 912. FEDERAL PROCUREMENT. 
Section 6002 of the Solid Waste Disposal Act (42 
U.S.C. 6962) is amended— 
(1) in subsection (e), in the matter preceding 
paragraph (1), by striking ‘‘and from time to time, 
revise’’ and inserting ‘‘review not less frequently 
than once every 5 years, and, if appropriate, revise, 
in consultation with recyclers and manufacturers of 
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products containing recovered material, not later 
than 2 years after the completion of the initial re-
view after the date of enactment of the CLEAN Fu-
ture Act and thereafter, as appropriate’’; and 
(2) by adding at the end the following: 
‘‘(j) CONSULTATION AND PROVISION OF INFORMA-
TION BY ADMINISTRATOR.—The Administrator shall— 
‘‘(1) consult with each procuring agency, in-
cluding contractors of the procuring agency, to clar-
ify the responsibilities of the procuring agency under 
this section; and 
‘‘(2) provide to each procuring agency informa-
tion on the requirements under this section and the 
responsibilities of the procuring agency under this 
section. 
‘‘(k) REPORTS.—The Administrator, in consultation 
with the Administrator of General Services, shall submit 
to Congress an annual report describing— 
‘‘(1) the quantity of federally procured products 
containing recovered material listed in the guidelines 
under subsection (e); and 
‘‘(2) with respect to the products described in 
paragraph (1), the percentage of recovered material 
in each product.’’. 
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SEC. 913. TASK FORCE ON EXTENDED PRODUCER RESPON-
SIBILITY. 
(a) ESTABLISHMENT.—Not later than 60 days after 
the date of enactment of this subtitle, the Administrator 
of the Environmental Protection Agency shall establish a 
task force to develop recommendations on the design of 
a national extended producer responsibility system for cov-
ered products and beverage containers in the marketplace. 
(b) MEMBERSHIP.—The task force shall be com-
prised of representatives from— 
(1) States, cities, and counties, including— 
(A) small, medium, and large areas; and 
(B) urban and rural areas; 
(2) Indian Tribes; 
(3) product and packaging manufacturers, dis-
tributors, and retailers; 
(4) 
public 
and 
private 
sector 
recycling, 
composting, and solid waste management industries; 
(5) collection and cleanup service providers; 
(6) retail or service establishments, such as re-
tail stores, grocery stores, restaurants, hotels, and 
motels; 
(7) environmental, scientific, and advocacy or-
ganizations; 
(8) public place, freshwater, and marine litter 
prevention and cleanup programs; 
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(9) disability advocacy organizations; 
(10) any other Federal agency or office within 
the Executive Branch that the Administrator deter-
mines to be appropriate; and 
(11) any other relevant stakeholder group that 
the Administrator determines to be appropriate. 
(c) FUNCTIONS.—The task force shall— 
(1) identify, evaluate, and propose design cri-
teria for a national extended producer responsibility 
system that covers the lifecycle management of cov-
ered products and beverage containers, in addition 
to any other product categories that the Adminis-
trator determines appropriate; 
(2) develop detailed recommendations on the 
structure of a national extended producer responsi-
bility system, including— 
(A) the scope of regulation; 
(B) identification of regulated entities; 
(C) how regulated entities may coordinate, 
including through Organizations, to fulfill their 
obligations under a national extended producer 
responsibility system; 
(D) the financial and logistical obligations 
of regulated entities; 
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(E) the relationship between regulated en-
tities and units of Federal, State, and local gov-
ernment; and 
(F) any other design criteria that the Ad-
ministrator determines to be appropriate; and 
(3) in developing recommendations under para-
graph (2), incorporate any findings reported to the 
task force pursuant to subsection (d)(3). 
(d) RESEARCH GRANTS.— 
(1) PROGRAM
ESTABLISHMENT.—Not later 
than 60 days after the establishment of the task 
force under subsection (a), the Administrator shall 
establish a program to award grants to eligible enti-
ties to study and provide recommendations on the 
design of a national extended producer responsibility 
system for covered products and beverage con-
tainers, in accordance with subsection (c)(2). 
(2) ELIGIBLE ENTITIES.—For purposes of this 
subsection, eligible entities are— 
(A) academic institutions; 
(B) nonprofit and research organizations; 
and 
(C) any other organization that the Ad-
ministrator determines to be appropriate. 
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(3) REQUIREMENT.—Each eligible entity that 
receives a grant under this subsection shall, not later 
than 180 days after receiving such grant, report its 
findings to the task force established under sub-
section (a). 
(e) REPORT.—Not later than 1 year after the estab-
lishment of the task force under subsection (a), the task 
force shall provide recommendations on the design of a 
national extended producer responsibility system devel-
oped under subsection (a)(2) to— 
(1) the Administrator; 
(2) the Committee on Energy and Commerce of 
the House of Representatives; and 
(3) the Committee on Environment and Public 
Works of the Senate. 
(f) DEFINITIONS.— 
(1) IN GENERAL.—In this section, the terms 
used have the meanings given those terms in section 
12001 of the Solid Waste Disposal Act (as added by 
this subtitle). 
(2) EXTENDED PRODUCER RESPONSIBILITY.— 
The term ‘‘extended producer responsibility’’ means 
a system, strategy, or regulatory framework in which 
the producers of certain products or materials as-
sume responsibility, including both financial and 
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physical responsibility, for the collection, treatment, 
and disposal of such products or materials at the 
end of their useful lifetime. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000 for fiscal year 2022, to remain available until 
expended. 
SEC. 914. NATIONAL ACADEMY OF SCIENCES REVIEW. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall seek 
to enter into an agreement with the National Academy of 
Sciences under which the National Academy of Sciences 
shall agree to conduct a study on single-use products (as 
defined in section 921) and bans on such products, in ac-
cordance with the requirements of subsections (b) and (c). 
(b) REQUIREMENTS.—The study required under sub-
section (a) shall assess— 
(1) best practices for mitigating the negative 
environmental effects associated with the disposal of 
single-use products; 
(2) potential measures to improve the recovery 
and safe disposal of single-use products; 
(3) the environmental, economic, and any other 
applicable effects of existing single-use product bans 
in the United States and in other countries; 
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