124 
of, and best practices relating to, reuse and refill systems 
with respect to each of the following sectors: 
‘‘(1) Food service, including— 
‘‘(A) take-out food; 
‘‘(B) the delivery of prepared meals; and 
‘‘(C) meal kits. 
‘‘(2) Consumer food and beverage products. 
‘‘(3) Consumer cleaning products. 
‘‘(4) Personal care products. 
‘‘(5) Transportation and shipping of wholesale 
and retail goods. 
‘‘(6) Public educational institutions, including 
institutions of higher education. 
‘‘(7) Other sectors, as identified by the Admin-
istrator. 
‘‘(b) OBJECTIVES.—The report under subsection (a) 
shall include an evaluation and summary of— 
‘‘(1) types of reuse and refill systems for prod-
uct delivery that can be best used at different scales; 
‘‘(2) methods to ensure equitable distribution of 
reuse and refill systems for product delivery in popu-
lations of color, communities of color, Indigenous 
communities, and low-income communities; 
‘‘(3) job creation opportunities through the use 
or expansion of reuse and refill systems; 
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‘‘(4) economic costs and benefits for— 
‘‘(A) businesses that deploy reuse and refill 
system technologies; and 
‘‘(B) parties responsible for waste collec-
tion and management; 
‘‘(5) types of local, State, and Federal support 
needed to expand the use of reuse and refill systems; 
and 
‘‘(6) existing barriers to the widespread imple-
mentation of reuse and refill systems. 
‘‘(c) CONSIDERATIONS.—In preparing the report 
under subsection (a), the Administrator shall take into 
consideration relevant information relating to reuse and 
refill system programs and approaches in States, units of 
local government, and foreign countries. 
‘‘SEC. 12225. RECYCLING AND COMPOSTING RECEPTACLE 
LABELING. 
‘‘(a) PURPOSE.—The purpose of this section is to es-
tablish guidelines for a national standardized labeling sys-
tem for the development of labels for recycling and 
composting receptacles that use a methodology that is con-
sistent throughout the United States to assist members 
of the public in properly recycling and composting. 
‘‘(b) DEFINITIONS.—In this section: 
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‘‘(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 composing 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 provides services to 
single-family dwellings, multifamily dwellings or fa-
cilities, or both. 
‘‘(c) GUIDELINES.—Not later than 2 years after the 
date of enactment of this subtitle, the Administrator shall 
develop and publish guidelines for a national standardized 
labeling system for use by Organizations to develop labels 
that— 
‘‘(1) use a national standardized methodology 
of colors, images, format, and terminology, including 
to address diverse ethnic populations; 
‘‘(2) 
shall 
be 
placed 
on 
recycling 
and 
composting receptacles in public spaces and the serv-
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ice area of the Organization in accordance with 
paragraphs (1)(D) and (2) of subsection (e); and 
‘‘(3) communicate to users of those recycling 
and composting receptacles— 
‘‘(A) 
the 
specific 
recyclables 
and 
compostables accepted by the Organization; and 
‘‘(B) the specific rules of sorting for the 
Organization. 
‘‘(d) DEVELOPMENT OF LABELS.— 
‘‘(1) IN GENERAL.—Each Organization, in ac-
cordance with the guidelines published under sub-
section (c), shall use the national standardized label-
ing system to develop labels for use on recycling and 
composting receptacles in public spaces and the serv-
ice area of the Organization to communicate to users 
of those recycling and composting receptacles— 
‘‘(A) 
the 
specific 
recyclables 
and 
compostables accepted by the Organization; and 
‘‘(B) the specific rules of sorting for the 
Organization. 
‘‘(2) SIMPLE AND DETAILED VERSIONS.—In de-
veloping labels under paragraph (1), an Organiza-
tion shall develop— 
‘‘(A) a simple version of the label for use 
on recycling and composting receptacles used in 
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public spaces, which shall list the basic 
recyclables and compostables accepted by the 
Organization; 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 of the Organization, taking into con-
sideration the complexity of the covered prod-
ucts and beverage containers disposed of by sin-
gle-family dwellings and multifamily dwellings 
and facilities. 
‘‘(e) DISTRIBUTION OF LABELS.— 
‘‘(1) SIMPLE VERSION.— 
‘‘(A) IN GENERAL.—An Organization shall 
distribute the simple version of the label devel-
oped by the Organization under subsection 
(d)(2)(A) to each customer of the Organization 
that owns or operates a public space in the 
service area of the Organization. 
‘‘(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, an Organization shall make 
available to owners 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 Organization or 
municipality, as applicable, that provides services to 
a residential recycling and composting program in 
the service area of the Organization or municipality, 
as applicable, shall display a detailed standardized 
label developed by the Organization under subsection 
(d)(2)(B) on each recycling and composting recep-
tacle 
used 
by 
the 
residential 
recycling 
and 
composting program. 
‘‘SEC. 12226. STUDY AND ACTION ON PLASTIC TOBACCO FIL-
TERS AND ELECTRONIC CIGARETTES. 
‘‘(a) STUDY.—Not later than 2 years after the date 
of enactment of this subtitle, the Administrator, in con-
junction with the Commissioner of Food and Drugs and 
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the Director of the National Institutes of Health, shall 
conduct a study of— 
‘‘(1) the environmental impacts and efficacy of 
tobacco filters made from plastic; and 
‘‘(2) the environmental impacts of electronic 
cigarettes, including disposable plastic components 
of electronic cigarettes. 
‘‘(b) REPORT TO CONGRESS.—Not later than 180 
days after the date on which the study under subsection 
(a) is concluded, the Administrator, in conjunction with 
the Commissioner of Food and Drugs, shall submit a re-
port describing any recommendations of the Administrator 
for the establishment of a program to reduce litter from, 
and the environmental impacts of, single-use tobacco filter 
products and electronic cigarettes to— 
‘‘(1) the Committee on Health, Education, 
Labor and Pensions of the Senate; 
‘‘(2) the Committee on Environment and Public 
Works of the Senate; 
‘‘(3) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
‘‘(4) the Committee on Energy and Commerce 
of the House of Representatives. 
‘‘(c) PUBLICATION.—On submission of the report 
under subsection (b), the Administrator, in conjunction 
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with the Commissioner of Food and Drugs, shall publish 
in the Federal Register for public comment— 
‘‘(1) a copy of the report; and 
‘‘(2) a description of the actions the Adminis-
trator and the Commissioner of Food and Drugs in-
tend to take during the 1-year period beginning on 
the date of publication to reduce litter from, and the 
environmental impacts of, single-use tobacco filter 
products and electronic cigarettes, including rec-
ommendations for incorporating plastic tobacco fil-
ters and electronic cigarette plastic components into 
an extended producer responsibility program. 
‘‘PART III—PROHIBITION ON CERTAIN EXPORTS 
‘‘SEC. 12301. PROHIBITION ON CERTAIN EXPORTS. 
‘‘No person may export from the United States any 
plastic waste, plastic paring, or scrap of plastic— 
‘‘(1) to a country that is not a member of the 
Organization for Economic Cooperation and Devel-
opment; 
‘‘(2) without the prior informed consent of the 
relevant authorities in a receiving country that is a 
member of the Organization for Economic Coopera-
tion and Development, if those exports— 
‘‘(A) are not of a single, nonhalogenated 
plastic polymer; 
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‘‘(B) are contaminated with greater than 
0.5 percent of— 
‘‘(i) other plastics; or 
‘‘(ii) other materials, including— 
‘‘(I) labels, adhesives, varnishes, 
waxes, inks, and paints; and 
‘‘(II) composite materials mixing 
plastics with nonplastic materials; or 
‘‘(C) are to be re-exported to a country 
that is not a member of the Organization for 
Economic Cooperation and Development; or 
‘‘(3) that is contaminated with— 
‘‘(A) a hazardous chemical; 
‘‘(B) effective beginning on the date that is 
1 year after the date of enactment of this sub-
title, a toxic substance; or 
‘‘(C) any other substance, to the extent 
that the export becomes hazardous waste. 
‘‘PART IV—LOCAL GOVERNMENT EFFORTS 
‘‘SEC. 12401. 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— 
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‘‘(1) requires the collection and recycling of any 
product in a greater quantity than is required under 
part I; 
‘‘(2) prohibits the sale or distribution of any 
product that is not prohibited under part I or II; 
‘‘(3) requires any product to be made of a 
greater percentage of post-consumer recycled mate-
rial than is required under part I or II; or 
‘‘(4) in any way exceeds the requirements of 
this subtitle.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
contained in section 1001 of the Solid Waste Disposal Act 
(42 U.S.C. 6901 note; Public Law 89–272) is amended 
by adding at the end the following: 
‘‘Subtitle K—Extended Responsibility for Beverage Containers and Packaging 
‘‘Sec. 12001. Definitions. 
‘‘PART I—EXTENDED RESPONSIBILITY 
‘‘Sec. 12101. Extended responsibility. 
‘‘Sec. 12102. Producer Responsibility Organizations. 
‘‘Sec. 12103. Product Stewardship Plans. 
‘‘Sec. 12104. Membership fees. 
‘‘Sec. 12105. Single-use plastic source reduction requirements. 
‘‘Sec. 12106. Advisory committees. 
‘‘Sec. 12107. Reduction, reuse, and recycling needs assessment. 
‘‘Sec. 12108. National beverage container program. 
‘‘Sec. 12109. Elimination of toxic substances in beverage containers and post- 
consumer recycled material. 
‘‘Sec. 12110. Reporting and auditing. 
‘‘Sec. 12111. Public outreach and education. 
‘‘Sec. 12112. Reduction and Litter Cleanup Trust Fund. 
‘‘Sec. 12113. Prohibition on certain toxic substances and materials. 
‘‘Sec. 12114. Enforcement. 
‘‘PART II—REDUCTION OF SINGLE-USE PRODUCTS 
‘‘SUBPART A—PROHIBITIONS ON SINGLE-USE PLASTIC BAGS AND 
POLYSTYRENE FOAM FOOD SERVICE PRODUCTS; ACCESSORIES ON REQUEST 
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‘‘Sec. 12201. Definitions. 
‘‘Sec. 12202. Bag requirements. 
‘‘Sec. 12203. Food service products. 
‘‘Sec. 12204. Violations; enforcement. 
‘‘Sec. 12205. Education and outreach. 
‘‘Sec. 12206. Rulemaking. 
‘‘SUBPART B—PROHIBITION ON OTHER SINGLE-USE PRODUCTS 
‘‘Sec. 12211. Definitions. 
‘‘Sec. 12212. Prohibition on certain travel toiletries. 
‘‘Sec. 12213. Prohibitions on black plastics. 
‘‘Sec. 12214. Prohibition on noncompostable produce stickers. 
‘‘Sec. 12215. Enforcement. 
‘‘SUBPART C—ADVANCING REUSE AND REFILL SYSTEMS 
‘‘Sec. 12221. Grant program to expand equitable access to reusable and refill-
able packaging. 
‘‘Sec. 12222. Grant program to support water refill stations at airports and 
train stations. 
‘‘Sec. 12223. Clean Communities Program. 
‘‘Sec. 12224. Report on reuse and refill systems. 
‘‘Sec. 12225. Recycling and composting receptacle labeling. 
‘‘Sec. 12226. Study and action on plastic tobacco filters and electronic ciga-
rettes. 
‘‘PART III—PROHIBITION ON CERTAIN EXPORTS 
‘‘Sec. 12301. Prohibition on certain exports. 
‘‘PART IV—LOCAL GOVERNMENT EFFORTS 
‘‘Sec. 12401. Protection of local governments.’’. 
TITLE II—PROTECTING 
COMMUNITIES FROM PLASTICS 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Protecting Commu-
nities from Plastics Act’’. 
SEC. 202. FINDINGS. 
Congress finds that— 
(1) plastics production is exacerbating the cli-
mate crisis and driving environmental injustice in 
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vulnerable communities located near petrochemical 
facilities; 
(2) plastics production is on track to double in 
the decade beginning on the date of enactment of 
this Act, locking in harmful emissions for decades; 
(3) plastics and other petrochemicals are fore-
casted to become the largest driver of oil and hy-
draulically fractured gas demand by 2050; 
(4) some studies have projected that the plas-
tics industry will emit more greenhouse gas emis-
sions than coal plants in the United States by 2030; 
(5) petrochemical facilities that produce plastics 
are more likely to be located in low-income commu-
nities and communities of color, disproportionately 
exposing those communities to harmful pollutants; 
(6) plastics production and certain disposal fa-
cilities pollute surrounding communities with chemi-
cals that are known to cause cancer, birth defects, 
and other serious illnesses; 
(7) transitioning from the use of fossil fuels for 
power generation and transportation only to replace 
that demand with more fossil fuel-based plastics pro-
duction— 
(A) is not a viable strategy; and 
(B) fails to protect communities; 
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(8) plastics carry impacts throughout the 
lifecycle, including the impacts of— 
(A) oil and gas extraction; 
(B) plastics refining, manufacturing, and 
certain methods of disposal; and 
(C) resulting plastics pollution in commu-
nities and the environment, where the degrad-
ing plastics— 
(i) leach chemical additives; and 
(ii) emit greenhouse gases; 
(9) addressing the plastics crisis requires a shift 
away from single-use plastics in nonessential set-
tings; and 
(10) technologies that convert plastics to fuel, 
use plastics for energy generation, generate feed-
stocks for the chemical industry, or produce haz-
ardous waste and toxic air pollution are not a sus-
tainable solution to the plastics crisis. 
SEC. 203. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) PLASTIC.—The term ‘‘plastic’’ means a syn-
thetic or semisynthetic material that— 
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(A) is natural rubber; or 
(B) has naturally occurring polymers, such 
as proteins or starches. 
(3) REFILL; REFILLABLE; REUSABLE; REUSE.— 
The terms ‘‘refill’’, ‘‘refillable’’, ‘‘reusable’’, and 
‘‘reuse’’ mean— 
(A) with respect to packaging or a food 
service product that is reused or refilled by a 
producer, that the packaging or food service 
product is— 
(i) explicitly designed and marketed to 
be utilized for not less than the number of 
cycles that the Administrator determines 
to be appropriate, for the same product, or 
for another purposeful packaging use in a 
supply chain; 
(ii) designed for durability to function 
properly in original condition for multiple 
cycles; 
(iii) composed of materials that do not 
contain— 
(I) toxic heavy metals; 
(II) pathogens; 
(III) additives; or 
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(IV) toxic substances (as defined 
in section 12000 of the Solid Waste 
Disposal Act); 
(iv) supported by adequate infrastruc-
ture to ensure that the packaging or food 
service product can be conveniently and 
safely reused or refilled for multiple cycles; 
and 
(v) repeatedly recovered, inspected, 
and repaired, if necessary, and reissued 
into the supply chain for reuse or refill for 
multiple cycles; and 
(B) with respect to packaging or a food 
service product that is reused or refilled by a 
consumer, that the packaging or food service 
product is— 
(i) explicitly designed and marketed to 
be utilized for not less than the number of 
cycles that the Administrator determines 
to be appropriate, for the same product; 
(ii) designed for durability to function 
properly in its original condition for mul-
tiple cycles; 
(iii) composed of materials that do not 
contain— 
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(I) toxic heavy metals; 
(II) pathogens; 
(III) additives; or 
(IV) toxic substances (as defined 
in section 12000 of the Solid Waste 
Disposal Act); and 
(iv) supported by adequate and con-
venient availability of, and retail infra-
structure for, bulk or large format pack-
aging that may be refilled to ensure the 
packaging or food service product can be 
conveniently and safely reused or refilled 
by the consumer for multiple cycles, as 
needed. 
(4) SINGLE-USE PLASTIC.— 
(A) IN GENERAL.—The term ‘‘single-use 
plastic’’ means a plastic product or packaging 
that— 
(i) is routinely disposed of, recycled, 
or otherwise discarded after a single use; 
or 
(ii) is not sufficiently durable or wash-
able to be, or is not intended to be, reus-
able or refillable. 
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(B) EXCLUSIONS.—The term ‘‘single-use 
plastic’’ does not include— 
(i) medical equipment, medical de-
vices, consumer personal protective equip-
ment, or other products determined by the 
Secretary of Health and Human Services 
to necessarily be made of plastic for the 
protection of public health or for people 
with disabilities; 
(ii) packaging that is— 
(I) for any product described in 
clause (i) that is determined by the 
Secretary of Health and Human Serv-
ices to necessarily be used for the pro-
tection of public health or for people 
with disabilities; or 
(II) used for the shipment of 
hazardous materials, such that the 
packaging is prohibited from being 
composed of used materials under sec-
tion 178.509 or 178.522 of title 49, 
Code of Federal Regulations (as in ef-
fect on the date of enactment of this 
Act); or 
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(iii) personal hygiene products that, 
due to the intended use of the products, 
could become unsafe or unsanitary to recy-
cle, such as diapers. 
SEC. 204. ENVIRONMENTAL JUSTICE PROTECTIONS AT 
COVERED FACILITIES. 
(a) DEFINITIONS.—In this section: 
(1) COMMUNITY OF COLOR.—The term ‘‘com-
munity of color’’ means a geographically distinct 
area in which the percentage of the population of the 
community represented by people of color is higher 
than the percentage of the population of the State 
represented by people of color. 
(2) CONSULTATION.—The term ‘‘consultation’’ 
means the meaningful and timely process of— 
(A) seeking, discussing, and carefully con-
sidering the views of fenceline communities in a 
manner that is cognizant of the values of all 
parties; and 
(B) when feasible, seeking agreement 
among the parties. 
(3) COVERED
FACILITY.—The term ‘‘covered 
facility’’ means— 
(A) an industrial facility that transforms 
petrochemical gas and liquids into ethylene and 
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(B) propylene; and 
(C) raw plastic materials in any form, in-
cluding pellets, resin, nurdles, powder, and 
flakes, including— 
(i) polyethylene terephthalate (com-
monly referred to as ‘‘PET’’ or ‘‘PETE’’); 
(ii) high-density polyethylene (com-
monly referred to as ‘‘HDPE’’); 
(iii) low-density polyethylene (com-
monly referred to as ‘‘LDPE’’); 
(iv) polypropylene (commonly referred 
to as ‘‘PP’’); 
(v) polyvinyl chloride (commonly re-
ferred to as ‘‘PVC’’); 
(vi) polystyrene (commonly referred to 
as ‘‘PS’’); and 
(vii) any other plastic polymer deter-
mined to be appropriate by the Adminis-
trator. 
(5) ENVIRONMENTAL JUSTICE.—The term ‘‘en-
vironmental justice’’ means the fair treatment and 
meaningful involvement of all individuals, regardless 
of race, color, national origin, educational level, or 
income, with respect to the development, implemen-
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tation, and enforcement of environmental laws, regu-
lations, and policies to ensure that— 
(A) communities with significant popu-
lations of racial minorities, communities of 
color, Indigenous communities, and low-income 
communities have full access to public informa-
tion and opportunities for meaningful public 
participation with respect to human health and 
environmental planning, regulations, and en-
forcement; 
(B) no community described in subpara-
graph (A) is exposed to a disproportionate bur-
den of the negative human health and environ-
mental impacts of pollution or other environ-
mental hazards; and 
(C) the 17 principles described in the docu-
ment entitled ‘‘The Principles of Environmental 
Justice’’, written and adopted at the First Na-
tional People of Color Environmental Leader-
ship Summit convened on October 24 through 
27, 1991, in Washington, DC, are upheld. 
(6) FENCELINE COMMUNITY.— 
(A) IN
GENERAL.—The term ‘‘fenceline 
community’’ means a community located near a 
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covered facility that has experienced, as a result 
of that location— 
(i) negative impacts on human health 
and the environment; and 
(ii) systemic socioeconomic disparity 
or another form of injustice with respect to 
policies, regulations, or enforcement. 
(B) INCLUSIONS.—The term ‘‘fenceline 
community’’ includes a low-income community, 
an Indigenous community, and a community of 
color. 
(7) INDIGENOUS COMMUNITY.—The term ‘‘In-
digenous community’’ means— 
(A) a federally recognized Indian Tribe; 
(B) a State-recognized Indian Tribe; 
(C) an Alaska Native or Native Hawaiian 
community or organization; and 
(D) any other community of Indigenous in-
dividuals, including communities in other coun-
tries. 
(8) LIMITED
ENGLISH
PROFICIENCY
INDI-
VIDUAL.—The term ‘‘limited English proficiency in-
dividual’’ means an individual that— 
(A) does not speak English as their pri-
mary language; or 
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146 
(B) has a limited ability to read, speak, 
write, or understand English. 
(9) LOW-INCOME COMMUNITY.—The term ‘‘low- 
income community’’ means any census block group 
in which 30 percent or more of the population are 
individuals with an annual household income equal 
to, or less than, the greater of— 
(A) an amount equal to 80 percent of the 
median income of the area in which the house-
hold is located, as reported by the Secretary of 
Housing and Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
(10) MATERIAL
RECOVERY
FACILITY.—The 
term ‘‘material recovery facility’’ means a solid 
waste management facility that processes materials 
for reuse or recycling. 
(11) MEANINGFUL.—The term ‘‘meaningful’’, 
with respect to involvement by the public in a deter-
mination by a Federal agency, means that— 
(A) potentially affected residents of a com-
munity have an appropriate opportunity to par-
ticipate in decisions relating to a proposed ac-
tivity that will affect the environment or public 
health of the community; 
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147 
(B) the public contribution can influence 
the determination by the Federal agency; 
(C) the concerns of all participants are 
taken into consideration in the decision-making 
process; and 
(D) the Federal agency— 
(i) provides to potentially affected 
members of the public accurate informa-
tion, including identifying limited English 
proficiency individuals who need language 
assistance, implementing accessible lan-
guage assistance measures, and providing 
notice to limited English proficiency indi-
viduals for effective engagement in deci-
sions; and 
(ii) facilitates the involvement of po-
tentially affected members of the public. 
(12) 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— 
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148 
(i) all regulations and final rules re-
quired under subsections (d), (e), and (f) 
are in effect; and 
(ii) the amendments made by sub-
section (i) are fully implemented. 
(13) 
TRANSLATION
SERVICES.—The 
term 
‘‘translation services’’ means professional language 
translation and interpretation for oral communica-
tions, and translation for written documents and no-
tices, in any language spoken by more than 5 per-
cent of the population residing within a fenceline 
community. 
(b) NATIONAL ACADEMIES STUDY OF PLASTICS IN-
DUSTRY.— 
(1) AGREEMENT.— 
(A) IN
GENERAL.—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 producers of covered 
products, including the entire supply chain, 
the extraction and refining of fossil fuels 
and polymer feedstocks, chemical recycling 
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150 
(II) the recyclability of plastic; 
and 
(III) the ability to use recycled 
content. 
(B) FAILURE TO ENTER AGREEMENT.—If 
the Administrator fails to enter into an agree-
ment described in subparagraph (A), the Ad-
ministrator shall conduct the study described in 
that subparagraph. 
(2) REQUIREMENTS.—The study under para-
graph (1) shall— 
(A) take into consideration— 
(i) the direct, indirect, and cumulative 
environmental impacts of industries, in-
cluding 
plastic 
production 
industries, 
chemical recycling industries, and the in-
dustries of other covered facilities; 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, regulations, 
standards, 
and 
practices, 
including 
rec-
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151 
ommendations for technologies, regulations, 
standards, and practices that will best carry out 
the regulatory modifications required under 
subsections (d), (e), and (g), to remediate or 
eliminate the local, regional, national, and inter-
national air, water, waste, climate change, pub-
lic health, and environmental justice impacts of 
the industries described in subparagraph (A)(i). 
(3) REPORT.—Not later than 18 months after 
the date of enactment of this Act, the Administrator 
shall submit to Congress a report describing the re-
sults of the study under paragraph (1). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Na-
tional Academy of Sciences and the National Insti-
tutes of Health such sums as are necessary to carry 
out this subsection. 
(c) PERMITTING MORATORIUM FOR COVERED FA-
CILITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), 
during the temporary pause period, notwithstanding 
any other provision of law— 
(A) the Administrator shall not issue a 
new permit for a covered facility under— 
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152 
(i) the Clean Air Act (42 U.S.C. 7401 
et seq.); or 
(ii) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.); 
(B) the Secretary of the Army, acting 
through the Chief of Engineers, shall not issue 
a new permit for a covered facility under sec-
tion 404 of the Federal Water Pollution Control 
Act (33 U.S.C. 1344); 
(C) the Administrator shall object in writ-
ing under subsections (b) and (c) of section 505 
of the Clean Air Act (42 U.S.C. 7661d) or sec-
tion 402(d)(2) of the Federal Water Pollution 
Control Act (33 U.S.C. 1342(d)(2)), as applica-
ble, to any new permit issued to a covered facil-
ity by a State agency delegated authority under 
the Clean Air Act (42 U.S.C. 7401 et seq.) or 
the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.); and 
(D) the export of covered products is pro-
hibited. 
(2) EXCEPTION.—Paragraph (1) does not apply 
to a permit described in that paragraph for a facility 
that is— 
(A) a material recovery facility; 
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153 
(B) a mechanical recycling facility; or 
(C) a compost facility. 
(d) CLEAN AIR REQUIREMENTS FOR COVERED FA-
CILITIES.— 
(1) TIMELY
REVISION
OF
EMISSIONS
STAND-
ARDS.—Section 111(b)(1)(B) of the Clean Air Act 
(42 U.S.C. 7411(b)(1)(B)) is amended by striking 
the fifth sentence. 
(2) NEW
SOURCE
PERFORMANCE
STANDARDS 
FOR CERTAIN FACILITIES.—Not later than 3 years 
after the date of enactment of this Act, the Adminis-
trator shall promulgate a final rule— 
(A) designating petrochemical feedstock 
and polymer production facilities as a category 
of stationary source under section 111(b)(1)(A) 
of 
the 
Clean 
Air 
Act 
(42 
U.S.C. 
7411(b)(1)(A)); and 
(B) establishing new source performance 
standards under section 111(f)(1) of the Clean 
Air Act (42 U.S.C. 7411(f)(1)) for the category 
of stationary source designated under subpara-
graph (A). 
(3) STORAGE
VESSELS
FOR
COVERED
PROD-
UCTS.—Not later than 3 years after the date of en-
actment of this Act, the Administrator shall promul-
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154 
gate a final rule modifying section 60.112b(a) of 
title 40, Code of Federal Regulations, to ensure that 
an owner or operator of a storage vessel containing 
liquid with a vapor pressure equal to not less than 
5 millimeters of mercury under actual storage condi-
tions that is regulated under that section uses— 
(A) an internal floating roof tank con-
nected to a volatile organic compound control 
device; or 
(B) a fixed-roof tank connected to a vola-
tile organic compound control device. 
(4) FLARING.—Not later than 1 year after the 
date of enactment of this Act, the Administrator 
shall promulgate a final rule— 
(A) modifying title 40, Code of Federal 
Regulations, to ensure that flaring, at ground- 
level and elevated, shall only be permitted when 
necessary solely for safety reasons; and 
(B) modifying sections 60.112b(a)(3)(ii), 
60.115b(d)(1), 
60.482–10a(d), 
60.562– 
1(a)(1)(i)(C), 60.662(b), and 60.702(b) of title 
40, Code of Federal Regulations, to ensure 
that— 
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155 
(i) references to flare standards under 
those sections refer to the flare standards 
established under subparagraph (A); and 
(ii) the flare standards under those 
sections are, without exception, continu-
ously applied. 
(5) SOCMI EQUIPMENT
LEAKS.—Not later 
than 3 years after the date of enactment of this Act, 
the Administrator shall promulgate a final rule— 
(A) modifying section 60.482–1a of title 
40, Code of Federal Regulations, to ensure that 
owners and operators use process units and 
components with a leak-less or seal-less design; 
(B) modifying subsection (f) of that sec-
tion to ensure that owners and operators use 
optical gas imaging monitoring pursuant to sec-
tion 60.5397a of that title on a quarterly basis, 
unless the owner or operator receives approval 
from the Administrator, in writing, to use 
Method 21 of the Environmental Protection 
Agency (as described in appendix A–7 of part 
60 of title 40, Code of Federal Regulations (as 
in effect on the date of enactment of this Act)) 
with a repair threshold of 500 parts per billion; 
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156 
(C) modifying 60.482–6a of title 40, Code 
of Federal Regulations, to ensure that the use 
of open-ended valves or lines is prohibited un-
less a showing is made that the use of an open- 
ended valve or line is necessary for safety rea-
sons; and 
(D) modifying subpart VVa of part 60 of 
title 40, Code of Federal Regulations, to ensure 
that— 
(i) the term ‘‘no detectable emissions’’ 
is defined to mean an instrument reading 
of less than 50 parts per billion above 
background concentrations; and 
(ii) the term ‘‘leak’’ is defined to 
mean an instrument reading of not less 
than 50 parts per billion above background 
concentrations. 
(6) NATURAL
GAS-FIRED
STEAM
BOILERS.— 
Not later than 3 years after the date of enactment 
of this Act, the Administrator shall promulgate a 
final rule revising subpart Db of part 60 of title 40, 
Code of Federal Regulations, to ensure that boilers 
or heaters located at an affected covered facility reg-
ulated under that subpart may only burn gaseous 
fuels, not solid fuels or liquid fuels. 
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157 
(7) NATIONAL EMISSION STANDARDS FOR HAZ-
ARDOUS
AIR
POLLUTANTS
IMPLEMENTATION
IM-
PROVEMENTS.— 
(A) EQUIPMENT
LEAKS
OF
BENZENE.— 
Not later than 3 years after the date of enact-
ment of this Act, the Administrator shall pro-
mulgate a final rule to strike subsection (c) of 
section 61.112 of title 40, Code of Federal Reg-
ulations. 
(B) BENZENE WASTE OPERATIONS.—Not 
later than 3 years after the date of enactment 
of this Act, the Administrator shall promulgate 
a final rule modifying subpart FF of part 61 of 
title 40, Code of Federal Regulations, to ensure 
that— 
(i) the term ‘‘no detectable emissions’’ 
is defined to mean an instrument reading 
of less than 50 parts per billion above 
background concentrations; and 
(ii) the term ‘‘leak’’ is defined to 
mean an instrument reading of not less 
than 50 parts per billion above background 
concentrations. 
(C) 
MAXIMUM
ACHIEVABLE
CONTROL 
TECHNOLOGY
STANDARDS
FOR
COVERED
FA-
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158 
CILITIES.—Not later than 1 year after the date 
of enactment of this Act, the Administrator 
shall— 
(i) promulgate a final rule modifying 
subpart YY of part 63 of title 40, Code of 
Federal Regulations, to ensure that— 
(I) the generic maximum achiev-
able control technology standards de-
scribed in that subpart— 
(aa) require no detectable 
emissions of hazardous air pollut-
ants, unless the Administrator— 
(AA) determines that 
the maximum degree of re-
duction in emissions of haz-
ardous air pollutants achiev-
able pursuant to section 
112(d)(2) of the Clean Air 
Act (42 U.S.C. 7412(d)(2)) 
justifies higher limits; and 
(BB) publishes the de-
termination under subitem 
(AA) and the proposed high-
er limits in a rulemaking; 
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159 
(bb) ensure an ample mar-
gin of safety to protect public 
health and prevent an adverse 
environmental effect; and 
(cc) prevent adverse cumu-
lative effects to fetal health, the 
health of children, and the health 
of vulnerable subpopulations; and 
(II) the term ‘‘no detectable 
emissions’’, as required under sub-
clause (I)(aa), is defined to mean an 
instrument reading of less than 50 
parts per billion above background 
concentrations; and 
(ii) in promulgating the final rule pur-
suant to clause (i), take into consider-
ation— 
(I) the effects and risks of expo-
sure from cumulative sources of haz-
ardous air pollutants under the sub-
part modified under that clause; and 
(II) the best available science, in-
cluding science provided by the Na-
tional Academy of Sciences. 
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160 
(8) MONITORING.—Not later than 2 years after 
the date of enactment of this Act, the Administrator 
shall promulgate a final rule revising subparts DDD, 
NNN, and RRR and other relevant subparts of part 
60 of title 40, Code of Federal Regulations— 
(A) to require continuous emissions moni-
toring of benzene, nitrogen oxides, sulfur diox-
ide, carbon monoxide, other hazardous air pol-
lutants, and filterable particulate matter for all 
combustion devices, including during startups, 
shutdowns, and malfunctions of the facilities 
regulated by those subparts; 
(B) to require— 
(i) accurate and continuous record-
keeping when continuous emissions moni-
toring is required under subparagraph (A); 
and 
(ii) the records required under clause 
(i) to be made available to the public in 
real time; 
(C) to require continuous monitoring of 
emissions from combustion devices under sec-
tion 63.658 of title 40, Code of Federal Regula-
tions (as in effect on the date of enactment of 
this Act), for nitrogen oxides, sulfur dioxide, 
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161 
carbon monoxide, filterable and condensable 
particulate matter, and all other relevant haz-
ardous air pollutants; and 
(D) to ensure that the continuous moni-
toring of combustion devices required under 
subparagraphs (A) and (C) are used to deter-
mine the compliance of facilities regulated by 
those subparts with the Clean Air Act (42 
U.S.C. 7401 et seq.). 
(e) CLEAN WATER REQUIREMENTS FOR COVERED 
FACILITIES.— 
(1) BAT AND NSPS STANDARDS FOR PLASTIC 
POLYMER
PRODUCTION.—Not later than 3 years 
after the date of enactment of this Act, the Adminis-
trator shall promulgate a final rule— 
(A) modifying part 414 of title 40, Code of 
Federal Regulations, to ensure that the best 
available technology and new source perform-
ance standard requirements under that part re-
flect updated best available technology and best 
available demonstrated control technology for 
all pollutants discharged by covered facilities 
that produce covered products, including pollut-
ants of concern that are not regulated on the 
date of enactment of this Act; 
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162 
(B) 
modifying 
sections 
414.91(b), 
414.101(b), and 414.111(b) of title 40, Code of 
Federal Regulations, to ensure that— 
(i) for new source performance stand-
ards for applicable covered facilities pro-
ducing covered products, the maximum ef-
fluent limit for any 1 day and for any 
monthly average for the priority pollutants 
described in appendix A to part 423 of 
title 40, Code of Federal Regulations (as 
in effect on the date of enactment of this 
Act), is 0 milligrams per liter, unless the 
Administrator— 
(I) determines that higher limits 
are justified using best available dem-
onstrated control technology; and 
(II) publishes the determination 
under subclause (I) and the proposed 
higher limits in a rulemaking; and 
(ii) for best available technology and 
new source performance standards, the 
maximum effluent limit for any 1 day and 
for any monthly average for total plastic 
pellets and other plastic material is 0 milli-
grams per liter; and 
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163 
(C) that ensures that the best available 
technology limitations described in part 414 of 
title 40, Code of Federal Regulations (as modi-
fied under subparagraph (A)) apply to covered 
facilities that produce fewer than 5,000,001 
pounds of covered products per year. 
(2) REVISED EFFLUENT LIMITATIONS GUIDE-
LINES FOR PETROCHEMICAL FEEDSTOCK AND POLY-
MER PRODUCTION.— 
(A) BAT AND
NCPS
STANDARDS.—Not 
later than 3 years after the date of enactment 
of this Act, the Administrator shall promulgate 
a final rule— 
(i) modifying sections 419.23, 419.26, 
419.33, and 419.36 of title 40, Code of 
Federal Regulations, to ensure that the 
best available technology and new source 
performance standards reflect updated best 
available technology and best available 
demonstrated control technology for all 
pollutants discharged by covered facilities 
producing petrochemical feedstocks and 
polymers; and 
(ii) modifying sections 419.26(a) and 
419.36(a) of title 40, Code of Federal Reg-
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164 
ulations, to ensure that the new source 
performance standards for any 1 day and 
for average of daily values for 30 consecu-
tive days for the priority pollutants de-
scribed in appendix A to part 423 of title 
40, Code of Federal Regulations (as in ef-
fect on the date of enactment of this Act), 
is 0 milligrams per liter, unless the Admin-
istrator— 
(I) determines that higher limits 
are necessary based on the best avail-
able demonstrated control technology; 
and 
(II) publishes the determination 
under subclause (I) and the proposed 
higher limits in a rulemaking. 
(B) RUNOFF LIMITATIONS FOR ETHYLENE 
AND PROPYLENE PRODUCTION.—Not later than 
3 years after the date of enactment of this Act, 
the Administrator shall promulgate a final rule 
modifying sections 419.26(e) and 419.36(e) of 
title 40, Code of Federal Regulations, to ensure 
that runoff limitations that reflect best avail-
able demonstrated control technology are in-
cluded. 
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165 
(f) ENVIRONMENTAL JUSTICE REQUIREMENTS FOR 
COVERED FACILITIES.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Administrator 
shall promulgate a final rule to ensure that— 
(A) any proposed permit to be issued by 
the Administrator or a State agency to which 
authority is delegated under the Clean Air Act 
(42 U.S.C. 7401 et seq.) or the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.) 
with respect to a covered facility is accompanied 
by an environmental justice assessment that— 
(i) assesses the direct, indirect, and 
cumulative economic, environmental, and 
public health impacts of the proposed per-
mit on fenceline communities; and 
(ii) proposes changes or alterations to 
the proposed permit that would, to the 
maximum extent practicable, eliminate or 
mitigate the impacts described in clause 
(i); 
(B) each proposed permit and environ-
mental justice assessment described in subpara-
graph (A) is delivered to applicable fenceline 
communities at the beginning of the public com-
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166 
ment period for the proposed permit for pur-
poses of notification and consultation, which 
shall include— 
(i) prompt notification— 
(I) through direct means, includ-
ing in non-English languages for lim-
ited English proficiency individuals; 
(II) through publications likely to 
be obtained by residents of the 
fenceline community, including non- 
English language publications; and 
(III) in the form of a public 
hearing in the fenceline community— 
(aa) for which public notice 
is provided— 
(AA) not later than 60 
days before the date on 
which the public hearing is 
to be held; and 
(BB) using the means 
described in subclauses (I) 
and (II); 
(bb) for which translation 
services are provided; and 
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167 
(cc) 
that 
is 
accessible 
through live-streaming or alter-
native video streaming services 
for which translation services are 
provided; and 
(ii) after the prompt notification re-
quired under clause (i), consultation that— 
(I) facilitates effective collabora-
tion and informed policymaking that 
further recognizes the importance of 
regular communication and collabora-
tion with fenceline communities, re-
gardless of whether specific regulatory 
or policy changes are being consid-
ered; 
(II) seeks information and input 
from fenceline communities by solic-
iting the collaboration, cooperation, 
and participation of those fenceline 
communities; 
(III) includes an in-person meet-
ing or a telephone conference that— 
(aa) is in a location, if appli-
cable, that is selected by those 
engaged in the consultation to be 
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168 
mutually accessible to representa-
tives of fenceline communities 
and applicable Federal or State 
government participants; and 
(bb) removes institutional 
and procedural impediments that 
adversely affect working directly 
with fenceline communities; 
(IV) ensures that any health or 
environmental 
concerns 
raised 
by 
fenceline communities with be prop-
erly investigated and considered in de-
cisions to grant or deny the proposed 
permit; and 
(V) explains to the representa-
tives of the fenceline community the 
range of resulting actions that the Ad-
ministrator or State agency may take; 
(C) the Administrator or a State agency to 
which authority is delegated under the Clean 
Air Act (42 U.S.C. 7401 et seq.) or the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), as applicable, shall not approve a pro-
posed permit described in subparagraph (A) un-
less— 
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169 
(i) changes or alterations have been 
incorporated into the revised proposed per-
mit that, to the maximum extent prac-
ticable, eliminate or mitigate the impacts 
described in subparagraph (A)(i); 
(ii) the changes or alterations de-
scribed in clause (i) have been developed 
with meaningful input from residents or 
representatives of the fenceline community 
in which the covered facility to which the 
proposed permit would apply is located or 
seeks to locate; and 
(iii) the permit includes a community 
benefit agreement that— 
(I) has been entered into after 
the prompt notification and consulta-
tion required under clauses (i) and 
(ii), respectively, of subparagraph (B); 
and 
(II) stipulates the benefits the 
covered facility agrees to fund or fur-
nish in exchange for community sup-
port for the covered facility, which 
may include— 
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(aa) commitments to hire di-
rectly from a community; 
(bb) contributions to eco-
nomic and health trust funds; 
(cc) local workforce training 
guarantees; 
(dd) increased pollution con-
trol technologies; 
(ee) operation restrictions; 
(ff) 
financial 
assurances; 
and 
(gg) siting restrictions; 
(D) the Administrator or a State agency to 
which authority is delegated under the Clean 
Air Act (42 U.S.C. 7401 et seq.) or the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), as applicable, shall not approve a pro-
posed permit described in subparagraph (A) 
during the 45-day period beginning on the date 
on which a public hearing described in subpara-
graph (B)(i)(III) is held for the proposed per-
mit; 
(E) the approval of a proposed permit de-
scribed in subparagraph (A) is conditioned on 
the covered facility providing— 
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(i) response strategies that fully pro-
tect public health and safety and the envi-
ronment in fenceline communities, for 
which the affected fenceline communities 
have the opportunity to provide meaningful 
input; and 
(ii) subject to subparagraph (F)— 
(I) comprehensive, continuous, 
real-time monitoring of ambient air 
quality— 
(aa) around the perimeter of 
the covered facility; and 
(bb) in any areas that can 
reasonably be impacted by the 
covered facility; 
(II) water quality testing of 
wastewater discharges from the cov-
ered facility; and 
(F) regardless of whether a permit has 
been sought or issued with respect to the chem-
ical, each covered facility shall conduct appro-
priate air and water quality monitoring and 
testing relating to each chemical produced at 
the covered facility in a quantity of more than 
100 pounds per year, and each chemical pro-
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duced at the covered facility that is emitted in 
excess of the applicable level permitted under 
the Clean Air Act (42 U.S.C. 7401 et seq.) or 
the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.), as applicable, to ensure 
that any discharge of such a chemical into the 
air or water shall be— 
(i) reported to the Administrator by 
not later than 48 hours after receipt of the 
test result; and 
(ii) if a release of information to the 
public is not limited due to confidentiality 
concerns, made publicly available in ac-
cordance with subclauses (I) and (II) of 
subparagraph (B)(i). 
(2) REQUIREMENTS.— 
(A) INPUT.—The Administrator shall de-
velop the final rule under paragraph (1) with 
meaningful input from— 
(i) residents of fenceline communities; 
and 
(ii) representatives of fenceline com-
munities. 
(B) COMMUNITY CONSULTATION.—In car-
rying 
out 
consultation 
under 
paragraph 
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(1)(B)(ii), the Administrator and each State 
agency to which authority is delegated under 
the Clean Air Act (42 U.S.C. 7401 et seq.) or 
the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.) shall establish a dedicated 
position that— 
(i) supports fenceline communities in 
understanding the technical nuances of the 
permit and regulatory process; and 
(ii) accounts for limited English pro-
ficiency individuals. 
(3) REPORT TO CONGRESS ON STATE PERMIT-
TING PROGRAMS.—Not later than 2 years after the 
date on which the final rule required under para-
graph (1) is published in the Federal Register, and 
not less frequently than once every 5 years there-
after, the Administrator shall submit to Congress a 
report evaluating the implementation by States of 
required environmental justice considerations pursu-
ant to that final rule in State permitting programs 
under the Clean Air Act (42 U.S.C. 7401 et seq.) 
and the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.). 
(g) TOXIC SUBSTANCES.— 
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(1) INVENTORY AND REPORTING.—Section 8(b) 
of the Toxic Substances Control Act (15 U.S.C. 
2607(b)) is amended by adding at the end the fol-
lowing: 
‘‘(11) PLASTICS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) COVERED
FACILITY; 
COVERED 
PRODUCT.—The terms ‘covered facility’ 
and ‘covered product’ have the meanings 
given those terms in section 204(a) of the 
Protecting Communities from Plastics Act. 
‘‘(ii) 
PLASTIC; 
SINGLE-USE
PLAS-
TIC.—The terms ‘plastic’ and ‘single-use 
plastic’ have the meanings given those 
terms in section 203 of the Protecting 
Communities from Plastics Act. 
‘‘(B) INVENTORY.—Not later than April 1, 
2025, and every 3 years thereafter, the Admin-
istrator shall prepare, and publish in the Fed-
eral Register, an inventory of plastic manufac-
turing, distribution in commerce, and trade in 
the United States. 
‘‘(C) PROCESS.—In preparing the inven-
tory under subparagraph (B), the Adminis-
trator shall— 
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‘‘(i) identify— 
‘‘(I) each covered facility; and 
‘‘(II) any other manufacturer of 
plastic products; 
‘‘(ii) identify— 
‘‘(I) the monomers and polymers 
associated with plastic production; 
‘‘(II) the types or uses of plastic 
products manufactured; and 
‘‘(III) the associated quantities of 
polymer and product manufacture and 
uses; 
‘‘(iii) quantify the single-use plastics 
manufactured— 
‘‘(I) in the aggregate; and 
‘‘(II) by use category; 
‘‘(iv) quantify the percentage of post- 
consumer recycled material content of 
feedstocks for manufacture of the types of 
plastic products identified under clause 
(ii)(II); 
‘‘(v) provide information and quan-
tified estimates regarding the fate of the 
plastic products at the end of useful life; 
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‘‘(vi) identify the chemicals used in 
polymer or plastic production that may 
pose a potential risk to human health and 
the environment, taking into account the 
data reported under subparagraph (D)(i), 
which shall include, at a minimum, the in-
formation described in subparagraphs (A) 
through (G) of subsection (a)(2); 
‘‘(vii) specify any chemicals identified 
under clause (vi)— 
‘‘(I) that are undergoing regu-
latory action under section 6; or 
‘‘(II) for which regulatory action 
under section 6 is anticipated during 
the following 3 years; 
‘‘(viii) for each chemical identified 
under clause (vi) that is not specified 
under clause (vii), provide a timetable for 
regulatory action under section 6 and any 
other recommended actions, including pro-
posed revisions of Federal law or regula-
tions, to achieve further reductions in plas-
tic manufacture or distribution in com-
merce; and 
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‘‘(ix) propose revisions to Federal law 
or regulations to achieve further reductions 
in plastic manufacture or distribution in 
commerce. 
‘‘(D) REPORTING.— 
‘‘(i) IN GENERAL.—To assist in the 
preparation of the inventory under sub-
paragraph (B), notwithstanding section 
3(2)(B), each person that manufactures a 
covered product used in plastic production, 
and each person that manufactures a plas-
tic product, shall submit to the Adminis-
trator periodic reports at such time and in-
cluding such information as the Adminis-
trator shall determine, by rule. 
‘‘(ii) PROMULGATION OF RULE.—Not 
later than July 1, 2024, the Administrator 
shall promulgate the rule described in 
clause (i). 
‘‘(iii) PREVIOUSLY SUBMITTED INFOR-
MATION.—To avoid duplication, informa-
tion previously submitted to the Adminis-
trator under this section may be consid-
ered to be partially compliant with the re-
porting requirements of this subparagraph 
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178 
if the information previously submitted is 
an accurate reflection of the current infor-
mation. 
‘‘(iv) 
PUBLIC
AVAILABILITY.—The 
Administrator shall make available to the 
public, in an accessible database, the re-
ports submitted under clause (i), in accord-
ance with section 14.’’. 
(2) CUMULATIVE
HEALTH
RISKS
POSED
BY 
COVERED FACILITIES.— 
(A) DEFINITIONS.—In this paragraph: 
(i) 
CHEMICAL
SUBSTANCE; 
MIX-
TURE.—The terms ‘‘chemical substance’’ 
and ‘‘mixture’’ have the meanings given 
those terms in section 3 of the Toxic Sub-
stances Control Act (15 U.S.C. 2602). 
(ii) COVERED
FACILITY.—The term 
‘‘covered facility’’ means a covered facility 
identified in the inventory. 
(iii) INVENTORY.—The term ‘‘inven-
tory’’ means the inventory published under 
paragraph (11) of section 8(b) of the Toxic 
Substances 
Control 
Act 
(15 
U.S.C. 
2607(b)). 
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