[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3263 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3263

To amend the Solid Waste Disposal Act to reduce the production and use 
 of certain single-use plastic products and packaging, to improve the 
     responsibility of producers in the design, collection, reuse, 
 recycling, and disposal of their consumer products and packaging, to 
 prevent pollution from consumer products and packaging from entering 
    into animal and human food chains and waterways, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2020

    Mr. Udall (for himself, Mr. Merkley, Mr. Booker, Mr. Wyden, Mr. 
 Blumenthal, Mrs. Feinstein, and Ms. Harris) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Solid Waste Disposal Act to reduce the production and use 
 of certain single-use plastic products and packaging, to improve the 
     responsibility of producers in the design, collection, reuse, 
 recycling, and disposal of their consumer products and packaging, to 
 prevent pollution from consumer products and packaging from entering 
    into animal and human food chains and waterways, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Break Free From Plastic Pollution 
Act of 2020''.

SEC. 2. PRODUCER RESPONSIBILITY FOR PRODUCTS AND PACKAGING.

    (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--Producer Responsibility for Products and Packaging

``SEC. 12001. DEFINITIONS.

    ``In this subtitle:
            ``(1) Advisory committee.--The term `advisory committee' 
        means an advisory committee established by an Organization 
        under section 12102(c).
            ``(2) Beverage.--
                    ``(A) In general.--The term `beverage' means any 
                drinkable liquid intended for human oral consumption, 
                including--
                            ``(i) water;
                            ``(ii) flavored water;
                            ``(iii) soda water;
                            ``(iv) mineral water;
                            ``(v) beer;
                            ``(vi) a malt beverage;
                            ``(vii) a carbonated soft drink;
                            ``(viii) liquor;
                            ``(ix) tea;
                            ``(x) coffee;
                            ``(xi) hard cider;
                            ``(xii) fruit juice;
                            ``(xiii) an energy or sports drink;
                            ``(xiv) coconut water;
                            ``(xv) wine;
                            ``(xvi) a yogurt drink;
                            ``(xvii) a probiotic drink;
                            ``(xviii) a wine cooler; and
                            ``(xix) any other beverage determined to be 
                        appropriate by the Administrator.
                    ``(B) Exclusions.--The term `beverage' does not 
                include--
                            ``(i) a drug regulated under the Federal 
                        Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
                        seq.);
                            ``(ii) infant formula; or
                            ``(iii) a meal replacement liquid.
            ``(3) Beverage container.--
                    ``(A) In general.--The term `beverage container' 
                means a prepackaged beverage container--
                            ``(i) made of any material, including 
                        glass, plastic, metal, and multimaterial; and
                            ``(ii) the volume of which is not more than 
                        3 liters.
                    ``(B) Exclusion.--The term `beverage container' 
                does not include a covered product of any material used 
                to sell a prepackaged beverage, such as--
                            ``(i) a carton;
                            ``(ii) a pouch; or
                            ``(iii) aseptic packaging, such as a drink 
                        box.
                    ``(C) Inclusion.--Notwithstanding subparagraphs (A) 
                and (B), for purposes of the program under section 
                12104, the term `beverage container' includes a 
                container for a beverage that is not described in those 
                subparagraphs, such as a carton, pouch, or drink box, 
                the responsible party for which elects to participate 
                in the program under that section.
            ``(4) 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 
                                revision is approved by the 
                                Administrator; and
                            ``(II) is labeled to reflect that the 
                        covered 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) fiber without any coatings, 
                                additives, or toxic substances.
                    ``(B) Exclusion.--The term `compostable' shall not 
                apply to paper.
            ``(5) Covered entity.--The term `covered entity' means a 
        single family or multifamily dwelling or publicly owned land 
        (such as a sidewalk, plaza, and park) for which a recycling 
        collection service is provided.
            ``(6) Covered product.--
                    ``(A) In general.--The term `covered product' 
                means, regardless of recyclability, compostability, and 
                material type--
                            ``(i) packaging;
                            ``(ii) a food service product;
                            ``(iii) paper;
                            ``(iv) a single-use product that is not 
                        subject to the prohibition under section 
                        12202(c); and
                            ``(v) a container for a beverage that is 
                        not described in subparagraphs (A) and (B) of 
                        paragraph (3), such as a carton, pouch, or 
                        aseptic packaging, such as a drink box, the 
                        responsible party for which does not elect to 
                        participate in the program under section 12104.
                    ``(B) Exclusion.--The term `covered product' does 
                not include a beverage container.
            ``(7) Covered retail or service establishment.--The term 
        `covered retail or service establishment' means a store, 
        grocery store, restaurant, beverage provider, vendor, hotel, 
        motel, or other retail or service establishment operating in 
        the United States.
            ``(8) 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.
            ``(9) Organization.--The term `Organization' means a 
        Producer Responsibility Organization established under section 
        12102(a)(1).
            ``(10) Packaging.--
                    ``(A) In general.--The term `packaging' means--
                            ``(i) any package or container, regardless 
                        of recyclability or compostability; and
                            ``(ii) any part of a package or container, 
                        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 distributed to consumers 
                        in the United States, including through an 
                        internet transaction.
                    ``(B) Inclusions.--The term `packaging' includes--
                            ``(i) packaging intended for the consumer 
                        market;
                            ``(ii) service packaging designed and 
                        intended to be used or filled at the point of 
                        sale, such as carry-out bags, bulk good bags, 
                        take-out bags, and home delivery food service 
                        packaging;
                            ``(iii) secondary packaging used to group 
                        products for multiunit sale;
                            ``(iv) tertiary packaging used for 
                        transportation or distribution directly to a 
                        consumer; and
                            ``(v) ancillary elements hung or attached 
                        to a product and performing a packaging 
                        function.
                    ``(C) Exclusion.--The term `packaging' does not 
                include packaging--
                            ``(i) used for the long-term protection or 
                        storage of a product; and
                            ``(ii) with a life of not less than 5 
                        years.
            ``(11) Paper.--
                    ``(A) In general.--The term `paper' means paper 
                that is sold, offered for sale, delivered, or 
                distributed to a consumer or business in the United 
                States.
                    ``(B) Inclusions.--The term `paper' includes--
                            ``(i) newsprint and inserts;
                            ``(ii) magazines and catalogs;
                            ``(iii) direct mail;
                            ``(iv) office paper; and
                            ``(v) telephone directories.
                    ``(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 book.
            ``(12) Plan.--The term `Plan' means a Product Stewardship 
        Plan described in section 12105.
            ``(13) Program.--The term `Program' means a Product 
        Stewardship Program established under section 12102(a)(2).
            ``(14) Recyclable.--The term `recyclable' means, with 
        respect to a covered product or beverage container, that--
                    ``(A) the covered product or beverage container is 
                economically and technically recyclable in current 
                United States market conditions;
                    ``(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 covered product or 
                beverage container--
                            ``(i) for each of calendar years 2020 
                        through 2024, not less than 25 percent;
                            ``(ii) for each of calendar years 2025 
                        through 2029, not less than 35 percent;
                            ``(iii) for each of calendar years 2030 
                        through 2034, not less than 50 percent; and
                            ``(iv) for calendar year 2035 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 product or beverage container can be 
                recycled.
            ``(15) Recycle.--
                    ``(A) In general.--The term `recycle' means the 
                series of activities by which a covered product is--
                            ``(i) collected, sorted, and processed; and
                            ``(ii)(I) converted into a raw material 
                        with minimal loss of material quality;
                            ``(II) used in the production of a new 
                        product, including the original product; or
                            ``(III) in the case of composting or 
                        organic recycling, productively used for soil 
                        improvement.
                    ``(B) Exclusion.--The term `recycle' does 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, the aggregated 
                        material is no longer usable for its initial 
                        purpose or product and can only be used for 
                        inferior purposes or products (commonly 
                        referred to as `downcycling');
                            ``(ii) the use of waste--
                                    ``(I) as a fuel or fuel substitute;
                                    ``(II) for energy production;
                                    ``(III) for alternate operating 
                                cover; or
                                    ``(IV) within the footprint of a 
                                landfill; or
                            ``(iii) the conversion of waste into 
                        alternative products, such as chemicals, 
                        feedstocks, fuels, and energy, through--
                                    ``(I) pyrolysis;
                                    ``(II) hydropyrolysis;
                                    ``(III) methanolysis;
                                    ``(IV) gasification;
                                    ``(V) enzymatic breakdown; or
                                    ``(VI) a similar technology, as 
                                determined by the Administrator.
            ``(16) Responsible party.--
                    ``(A) Beverage containers.--
                            ``(i) In general.--With respect to a 
                        beverage sold in a beverage container, the term 
                        `responsible party' means--
                                    ``(I) a person that engages in the 
                                distribution or sale of the beverage in 
                                a beverage container to a retailer in 
                                the United States, including any 
                                manufacturer that engages in that sale 
                                or distribution;
                                    ``(II) if subclause (I) does not 
                                apply, a person that engages in the 
                                sale of the beverage in a beverage 
                                container directly to a consumer in the 
                                United States; or
                                    ``(III) if subclauses (I) and (II) 
                                do not apply, a person that imports the 
                                beverage sold in a beverage container 
                                into the United States for use in a 
                                commercial enterprise, sale, offer for 
                                sale, or distribution in the United 
                                States.
                            ``(ii) Related definitions.--In this 
                        subparagraph:
                                    ``(I) Distributor.--The term 
                                `distributor' means a person that 
                                engages in the sale of beverages in 
                                beverage containers to a retailer in 
                                the United States.
                                    ``(II) Manufacturer.--The term 
                                `manufacturer' means a person bottling, 
                                canning, or otherwise filling beverage 
                                containers for sale to distributors, 
                                importers, or retailers.
                                    ``(III) Retailer.--
                                            ``(aa) In general.--The 
                                        term `retailer' means a person 
                                        in the United States that--

                                                    ``(AA) engages in 
                                                the sale of beverages 
                                                in beverage containers 
                                                to a consumer; or

                                                    ``(BB) provides 
                                                beverages in beverage 
                                                containers to a person 
                                                in commerce, including 
                                                provision free of 
                                                charge, such as at a 
                                                workplace or event.

                                            ``(bb) Inclusion.--The term 
                                        `retailer' includes a person 
                                        that engages in the sale of or 
                                        provides beverages in beverage 
                                        containers, as described in 
                                        item (aa), through a vending 
                                        machine or similar means.
                    ``(B) Covered products.--With respect to a covered 
                product, the term `responsible party' means--
                            ``(i) a person that manufactures and uses 
                        in a commercial enterprise, sells, offers for 
                        sale, or distributes the covered product in the 
                        United States under the brand of the 
                        manufacturer;
                            ``(ii) if clause (i) does not apply, a 
                        person that is not the manufacturer of the 
                        covered product but is the owner or licensee of 
                        a trademark under which the covered product is 
                        used in a commercial enterprise, sold, offered 
                        for sale, or distributed in the United States, 
                        whether or not the trademark is registered; or
                            ``(iii) if clauses (i) and (ii) do not 
                        apply, a person that imports the covered 
                        product into the United States for use in a 
                        commercial enterprise, sale, offer for sale, or 
                        distribution in the United States.
            ``(17) 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 establishment, 
                        whether or not the food or beverage is consumed 
                        within the confines of the place where the food 
                        or beverage is prepared; or
                            ``(iii) in a consumable form for 
                        consumption outside the place where the food or 
                        beverage is prepared.
                    ``(B) Inclusion.--The term `restaurant' includes a 
                fast food restaurant.
            ``(18) Reusable.--The term `reusable' means, with respect 
        to a covered product or beverage container, that the covered 
        product or beverage container is--
                    ``(A) technically feasible to reuse or refill in 
                United States market conditions; and
                    ``(B) reusable or refillable for such number of 
                cycles, but not less than 100 cycles, as the 
                Administrator determines to be appropriate for the 
                covered product or beverage container.
            ``(19) Single-use product.--
                    ``(A) In general.--The term `single-use product' 
                means a consumer product that is routinely disposed of, 
                recycled, or otherwise discarded after a single use.
                    ``(B) Exclusions.--The term `single-use product' 
                does not include--
                            ``(i) medical food, supplements, devices, 
                        or other products determined by the Secretary 
                        of Health and Human Services to necessarily be 
                        made of plastic for the protection of public 
                        health;
                            ``(ii) a personal hygiene product that, due 
                        to the intended use of the product, could 
                        become unsafe or unsanitary to recycle, such as 
                        a diaper; or
                            ``(iii) packaging that is--
                                    ``(I) for any product described in 
                                clause (i); or
                                    ``(II) used for the shipment of 
                                hazardous materials that is prohibited 
                                from being composed of used materials 
                                under section 178.509 or 178.522 of 
                                title 49, Code of Federal Regulations 
                                (as in effect on the date of enactment 
                                of this subtitle).
            ``(20) Toxic substance.--
                    ``(A) In general.--The term `toxic substance' means 
                any substance, mixture, or compound that may cause 
                personal injury or disease to humans through ingestion, 
                inhalation, or absorption through any body surface and 
                satisfies one or more of the following conditions:
                            ``(i) The substance, mixture, or compound 
                        is subject to reporting requirements under--
                                    ``(I) the Emergency Planning and 
                                Community Right-To-Know Act of 1986 (42 
                                U.S.C. 11001 et seq.);
                                    ``(II) the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act of 1980 (42 U.S.C. 
                                9601 et seq.); or
                                    ``(III) section 112(r) of the Clean 
                                Air Act (42 U.S.C. 7412(r)).
                            ``(ii) Testing has produced evidence 
                        recognized by the National Institute for 
                        Occupational Safety and Health or the 
                        Environmental Protection Agency that the 
                        substance, mixture, or compound poses acute or 
                        chronic health hazards.
                            ``(iii) The Administrator or the Secretary 
                        of Health and Human Services has issued a 
                        public health advisory for the substance, 
                        mixture, or compound.
                            ``(iv) Exposure to the substance, mixture, 
                        or compound is shown by expert testimony 
                        recognized by the Environmental Protection 
                        Agency to increase the risk of developing a 
                        latent disease.
                            ``(v) The substance, mixture, or compound 
                        is a perfluoroalkyl or polyfluoroalkyl 
                        substance.
                    ``(B) Exclusions.--The term `toxic substance' does 
                not include--
                            ``(i) a pesticide applied--
                                    ``(I) in accordance with Federal, 
                                State, and local laws (including 
                                regulations); and
                                    ``(II) in accordance with the 
                                instructions of the manufacturer of the 
                                pesticide; or
                            ``(ii) ammunition, a component of 
                        ammunition, 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.
            ``(21) United states.--The term `United States', when used 
        in a geographical sense, means all of the States.
            ``(22) Utensil.--
                    ``(A) In general.--The term `utensil' means a 
                product designed to be used by a consumer to facilitate 
                the consumption of a food or beverage.
                    ``(B) Inclusions.--The term `utensil' includes a 
                knife, a fork, a spoon, a spork, a cocktail pick, a 
                chopstick, a splash stick, and a stirrer.

                 ``PART I--PRODUCTS IN THE MARKETPLACE

``SEC. 12101. EXTENDED PRODUCER RESPONSIBILITY.

    ``(a) In General.--Except as provided in subsection (b), beginning 
on February 1, 2023, each responsible party for any covered product or 
beverage sold in a beverage container that is sold, distributed, or 
imported into the United States shall--
            ``(1) participate as a member of an Organization for which 
        a Plan is approved by the Administrator; and
            ``(2) through that participation, satisfy the performance 
        targets under section 12105(g).
    ``(b) Exemptions.--A responsible party for a covered product or 
beverage sold in a beverage container, including a responsible party 
that operates as a single point of retail sale and is not supplied by, 
or operated as part of, a franchise, shall not be subject to this part 
if the responsible party--
            ``(1)(A) for fiscal year 2021, has an annual revenue of 
        less than $1,000,000; and
            ``(B) for fiscal year 2022 and each subsequent fiscal year, 
        has an annual revenue of less than the applicable amount during 
        the preceding fiscal year, as adjusted to reflect changes for 
        the 12-month period ending on the preceding November 30 in the 
        Consumer Price Index for All Urban Consumers published by the 
        Bureau of Labor Statistics of the Department of Labor; or
            ``(2) is the responsible party for less than 1 ton of 
        covered products or beverage containers in commerce each year.
    ``(c) Enforcement.--
            ``(1) Prohibition.--It shall be unlawful for any person 
        that is a responsible party for a covered product or beverage 
        sold in a beverage container to sell, use, or distribute any 
        covered product or beverage sold in a beverage container in 
        commerce except in compliance with this part.
            ``(2) Civil penalty.--Any person that violates paragraph 
        (1) shall be subject to a fine for each violation and for each 
        day that the violation occurs in an amount of not more than 
        $70,117.
            ``(3) Injunctive relief.--The Administrator may bring a 
        civil action to enjoin the sale, distribution, or importation 
        into the United States of a covered product or beverage sold in 
        a beverage container in violation of this part.
            ``(4) State enforcement.--The Administrator may permit a 
        State to carry out enforcement under paragraph (2) or (3) if 
        the Administrator determines that the State meets such 
        requirements as the Administrator may establish.
    ``(d) Inapplicability of the Antitrust Laws.--The antitrust laws, 
as defined in the first section of the Clayton Act (15 U.S.C. 12), 
shall not apply to a responsible party or Organization that carries out 
activities in accordance with an approved Plan if the conduct is 
necessary to plan and implement the Plan.

``SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS.

    ``(a) In General.--
            ``(1) Establishment.--To satisfy the requirement under 
        section 12101(a)(1), one or more responsible parties for a 
        category of covered product or beverage sold in a beverage 
        container shall establish a Producer Responsibility 
        Organization that shall act as an agent and on behalf of each 
        responsible party to carry out the responsibilities of the 
        responsible party under this part with respect to that category 
        of covered product or beverage sold in a beverage container.
            ``(2) Program.--An Organization shall establish a Product 
        Stewardship Program to carry out the responsibilities of the 
        Organization under this part.
            ``(3) Coordination.--If more than 1 Organization is 
        established under paragraph (1) with respect to a category of 
        covered product or beverage sold in a beverage container, the 
        Administrator shall--
                    ``(A) coordinate and manage those Organizations; or
                    ``(B) establish an entity--
                            ``(i) to carry out subparagraph (A); and
                            ``(ii) to conduct business between those 
                        Organizations and State and local governments.
            ``(4) Multiple organizations.--A responsible party--
                    ``(A) may participate in more than 1 Organization 
                if each Organization is established for a different 
                category of covered products or beverages sold in 
                beverage containers; and
                    ``(B) may participate in--
                            ``(i) only 1 national Organization with 
                        respect to--
                                    ``(I) each category of covered 
                                products; or
                                    ``(II) beverages sold in beverage 
                                containers; or
                            ``(ii) only 1 regional Organization with 
                        respect to beverages sold in beverage 
                        containers and each category of covered 
                        products for each region in which the covered 
                        products or beverages sold in beverage 
                        containers produced by the responsible party 
                        are sold.
            ``(5) Nonprofit status.--An Organization shall be 
        established and operated as an organization described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and 
        exempt from taxation under 501(a) of that Code.
            ``(6) Categories.--The Administrator, in consultation with 
        Organizations, shall promulgate regulations to establish 
        categories of covered products and beverages sold in beverage 
        containers for purposes of this part.
    ``(b) Participation Fees.--
            ``(1) In general.--Subject to paragraph (5), an 
        Organization shall charge each responsible party a fee for 
        membership in the Organization in accordance with this 
        subsection.
            ``(2) Components.--A fee charged to a responsible party 
        under paragraph (1) shall include--
                    ``(A) costs of management and cleanup in accordance 
                with paragraph (3); and
                    ``(B) administrative costs in accordance with 
                paragraph (4).
            ``(3) Management and cleanup costs.--
                    ``(A) In general.--A fee under paragraph (1) shall 
                include, with respect to a responsible party, the costs 
                of management (which shall include collecting, 
                transporting, processing, recycling, and composting) or 
                cleaning up the covered products or beverage containers 
                of the responsible party after consumer use through the 
                applicable Program, including administrative costs.
                    ``(B) Considerations.--In determining the costs of 
                management and cleanup described in subparagraph (A) 
                with respect to a responsible party, an Organization 
                shall, at a minimum, take into account--
                            ``(i) the cost to properly manage the 
                        applicable category of covered product or 
                        beverage container waste;
                            ``(ii) the cost to assist in cleaning up 
                        the covered product or beverage container waste 
                        of the responsible party from--
                                    ``(I) public places;
                                    ``(II) freshwater and marine 
                                environments, to the extent that 
                                cleanup can be accomplished without 
                                harming the existing marine life and 
                                intact ecosystems; and
                                    ``(III) materials in compost 
                                facilities or other facilities handling 
                                organic wastes;
                            ``(iii) to the extent that cleanup of the 
                        covered products or beverage containers from 
                        freshwater and marine environments cannot be 
                        accomplished without harming the existing 
                        freshwater and marine life and intact 
                        ecosystems, the cost of other appropriate 
                        mitigation measures;
                            ``(iv) the higher cost of managing covered 
                        products that--
                                    ``(I) bond materials together, 
                                making the covered product more 
                                difficult to recycle, such as plastic 
                                bonded with paper or metal;
                                    ``(II) would typically be 
                                recyclable or compostable, but, as a 
                                consequence of the design of the 
                                covered product, has the effect of 
                                disrupting recycling or composting 
                                processes;
                                    ``(III) includes labels, inks, 
                                liners, and adhesives containing heavy 
                                metals or other toxic substances; or
                                    ``(IV) cannot be mechanically 
                                recycled;
                            ``(v) the lower cost of managing--
                                    ``(I) beverage containers that 
                                have--
                                            ``(aa) nondetachable caps; 
                                        or
                                            ``(bb) other innovations 
                                        and design characteristics to 
                                        prevent littering; and
                                    ``(II) contact containers and other 
                                covered products that--
                                            ``(aa) are specifically 
                                        designed to be reusable or 
                                        refillable; and
                                            ``(bb) have a high reuse or 
                                        refill rate;
                            ``(vi) covered products with lower 
                        environmental impacts, including--
                                    ``(I) covered products that are 
                                made of--
                                            ``(aa) sustainable or 
                                        renewably sourced materials; or
                                            ``(bb) at least 90 percent 
                                        by weight of any combination 
                                        of--

                                                    ``(AA) postconsumer 
                                                recycled content; or

                                                    ``(BB) materials 
                                                derived from land or 
                                                freshwater or marine 
                                                environment litter; and

                                    ``(II) compostable covered products 
                                that--
                                            ``(aa) have direct contact 
                                        with food; or
                                            ``(bb) help divert food 
                                        waste from a landfill; and
                            ``(vii) the percentage of postconsumer 
                        recycled content verified by an independent 
                        party designated by the Administrator that 
                        exceeds the minimum requirements established 
                        under section 12302 in the packaging, if the 
                        recycled content does not disrupt the potential 
                        for future recycling.
            ``(4) Administrative costs.--
                    ``(A) In general.--A fee under paragraph (1) shall 
                include--
                            ``(i) the administrative costs to the 
                        Organization of carrying out the Program;
                            ``(ii) the cost to the Administrator of 
                        administering this part with respect to the 
                        applicable Organization, including--
                                    ``(I) oversight, including annual 
                                oversight;
                                    ``(II) issuance of any rules;
                                    ``(III) planning;
                                    ``(IV) Plan review;
                                    ``(V) compliance;
                                    ``(VI) outreach and education;
                                    ``(VII) enforcement;
                                    ``(VIII) sufficient staff positions 
                                to administer this part; and
                                    ``(IX) other activities directly 
                                related to the activities described in 
                                subclauses (I) through (VIII); and
                            ``(iii) the cost to a State for carrying 
                        out enforcement with respect to the applicable 
                        Organization.
                    ``(B) Consideration.--In determining the fee for a 
                responsible party under subparagraph (A), an 
                Organization shall consider the company size and annual 
                revenue of the responsible party.
                    ``(C) Reimbursement.--An Organization shall 
                reimburse--
                            ``(i) the Administrator for costs described 
                        subparagraph (A)(ii) incurred by the 
                        Administrator; and
                            ``(ii) a State for costs described in 
                        subparagraph (A)(iii) incurred by the State.
            ``(5) Approval.--
                    ``(A) In general.--Before an Organization may 
                charge a fee or revise the amount of a fee to be 
                charged under paragraph (1)--
                            ``(i) the Organization shall submit to the 
                        Administrator the fee structure and the 
                        methodology for determining that fee structure; 
                        and
                            ``(ii)(I) the Organization shall receive 
                        notification of approval of the fee structure 
                        under subparagraph (B)(ii); or
                            ``(II) the fee structure shall be 
                        considered approved under subparagraph (C).
                    ``(B) Approval.--Not later than 60 days after 
                receipt of a fee structure under subparagraph (A)(i), 
                the Administrator shall--
                            ``(i)(I) approve the fee structure if the 
                        Administrator determines that the fee structure 
                        is in accordance with this subsection; or
                            ``(II) deny the fee structure if the 
                        Administrator determines that the fee structure 
                        is not in accordance with this subsection; and
                            ``(ii) notify the Organization of the 
                        determination under clause (i).
                    ``(C) Failure to meet deadline.--If the 
                Administrator does not make a determination under 
                clause (i) of subparagraph (B) by the date required 
                under that subparagraph, the fee structure shall be 
                considered to be approved.
    ``(c) Advisory Committees.--
            ``(1) In general.--An Organization shall establish an 
        advisory committee that represents a range of interested and 
        engaged persons relevant to the category of covered products or 
        beverages sold in beverage containers of the applicable 
        Program, including--
                    ``(A) collection providers;
                    ``(B) cleanup service providers;
                    ``(C) recyclers; and
                    ``(D) composters.
            ``(2) Composition.--
                    ``(A) In general.--At a minimum, an advisory 
                committee shall include individuals representing each 
                of--
                            ``(i) responsible parties, such as a trade 
                        association;
                            ``(ii) States;
                            ``(iii) cities, including--
                                    ``(I) small and large cities; and
                                    ``(II) cities located in urban and 
                                rural counties;
                            ``(iv) counties, including--
                                    ``(I) small and large counties; and
                                    ``(II) urban and rural counties;
                            ``(v) public sector recycling, composting, 
                        and solid waste industries for the applicable 
                        type of product or packaging;
                            ``(vi) private sector recycling, 
                        composting, and solid waste industries for the 
                        applicable type of product or packaging;
                            ``(vii) recycled feedstock users for the 
                        applicable type of product or packaging;
                            ``(viii) public place litter programs;
                            ``(ix) freshwater and marine litter 
                        programs;
                            ``(x) environmental organizations;
                            ``(xi) disability advocates;
                            ``(xii) Indian Tribes; and
                            ``(xiii) environmental and human health 
                        scientists.
                    ``(B) Requirements.--
                            ``(i) In general.--Each individual serving 
                        on an advisory committee may represent only 1 
                        category described in clauses (i) through 
                        (xiii) of subparagraph (A).
                            ``(ii) Disproportionate representation.--An 
                        Organization shall ensure that no category 
                        described in clauses (i) through (xiii) of 
                        subparagraph (A) has disproportionate 
                        representation on an advisory committee.
            ``(3) Public comment.--Each year, an Organization shall 
        provide a process to receive comments from additional 
        stakeholders and community members, which to the maximum extent 
        practicable shall include diverse ethnic populations.
            ``(4) Expenses.--
                    ``(A) In general.--An Organization shall reimburse 
                representatives of community groups, Indian Tribes, 
                State and local governments, and nonprofit 
                organizations for expenses related to participating on 
                the advisory committee.
                    ``(B) Other members.--Other members of the advisory 
                committee may be compensated for travel expenses as 
                needed to ensure the ability of those members to 
                participate on the advisory committee.
            ``(5) Duties.--An Organization shall--
                    ``(A) hold an advisory committee meeting at least 
                once per year;
                    ``(B) request and consider comments from the 
                advisory committee of the Organization prior to the 
                submission to the Administrator of a Plan or any 
                revisions to a Plan;
                    ``(C) report comments of the advisory committee to 
                the Administrator as an appendix to any revisions to a 
                Plan submitted to the Administrator; and
                    ``(D) include a summary of advisory committee 
                engagement and input in the report under section 12107.

``SEC. 12103. COVERED PRODUCT MANAGEMENT.

    ``(a) In General.--In carrying out a Program, a responsible party, 
acting through an Organization, shall--
            ``(1) meet the performance targets under the applicable 
        Plan, as described in section 12105(g)--
                    ``(A) in the case of covered products, by providing 
                for the collection of covered products in accordance 
                with subsection (b); or
                    ``(B) in the case of beverage containers, by 
                carrying out the responsibilities under section 
                12104(e); and
            ``(2) in accordance with subsection (c), provide for the 
        cleanup of covered products or beverage containers that become 
        litter.
    ``(b) Collection.--
            ``(1) In general.--A Program shall provide widespread, 
        convenient, and equitable access to opportunities for the 
        collection of covered products in accordance with this 
        subsection.
            ``(2) Convenience.--
                    ``(A) In general.--Subject to subparagraph (B), 
                collection opportunities described in paragraph (1) 
                shall--
                            ``(i) be provided throughout each State, 
                        Tribal land, and territory in which the 
                        applicable covered product is sold, including 
                        in rural and island communities;
                            ``(ii) be as convenient as trash collection 
                        in the applicable area; and
                            ``(iii) in a case in which collection of 
                        the applicable covered product by curbside 
                        collection is not practicable, be, as 
                        determined by the Administrator, and in the 
                        case of a city with a population of 750,000 or 
                        more residents, subject to the approval of the 
                        city, available for not less than 95 percent of 
                        the population of the applicable area within--
                                    ``(I) in the case of an urban area, 
                                a 10-minute drive; or
                                    ``(II) in the case of a rural area, 
                                the longer of--
                                            ``(aa) a 45-minute drive; 
                                        and
                                            ``(bb) the time to drive to 
                                        the nearest rural service 
                                        center.
                    ``(B) Waiver.--The Administrator may waive the 
                requirement under subparagraph (A) after--
                            ``(i) consultation with the advisory 
                        committee of the applicable Organization and 
                        other appropriate stakeholders; and
                            ``(ii) approval by the unit of local 
                        government with jurisdiction over the 
                        applicable area.
            ``(3) Methods.--
                    ``(A) Curbside or multifamily collection.--With 
                respect to a geographic area described in paragraph 
                (2)(A), an Organization shall, at a minimum, provide 
                the opportunity for the collection of the applicable 
                covered product through a curbside or multifamily 
                recycling collection service, if--
                            ``(i) the category of covered product--
                                    ``(I) is suitable for curbside or 
                                multifamily recycling collection; and
                                    ``(II) can be effectively sorted by 
                                facilities receiving the covered 
                                product after collection; and
                            ``(ii) the provider of the service agrees--
                                    ``(I) to accept the category of 
                                covered product; and
                                    ``(II) to a compensation agreement 
                                described in subparagraph (C).
                    ``(B) Other methods.--In addition to the method 
                described in subparagraph (A), an Organization may 
                comply with the requirement under paragraph (1) by--
                            ``(i) entering into an agreement with--
                                    ``(I) an entity that carries out a 
                                program through which consumers may 
                                drop off the covered product at a 
                                designated location (commonly known as 
                                a `depot drop-off program'); or
                                    ``(II) a retailer that accepts the 
                                covered product from consumers 
                                (commonly known as `retailer take-
                                back'); or
                            ``(ii) such other means as the Organization 
                        determines to be appropriate, including by 
                        establishing a collection program or service, 
                        including a program or service that provides 
                        collection from public spaces.
                    ``(C) Compensation agreements.--
                            ``(i) In general.--An Organization may 
                        comply with this subsection by entering into an 
                        agreement with a governmental or private entity 
                        under which the Organization compensates the 
                        entity for the collection of covered products.
                            ``(ii) Requirement.--As part of a 
                        compensation agreement under clause (i), an 
                        Organization shall offer to provide 
                        reimbursement of not less than 100 percent of 
                        the cost to the entity of managing the covered 
                        products, including, as applicable, 
                        administrative costs, sorting, and 
                        reprocessing.
            ``(4) Managing collected covered products.--In carrying out 
        this subsection, an Organization shall--
                    ``(A) ensure that--
                            ``(i) the collection means and systems used 
                        direct the covered product waste to--
                                    ``(I) facilities that are effective 
                                in sorting and reprocessing covered 
                                product waste prior to shipment in a 
                                form ready for remanufacture into new 
                                products; or
                                    ``(II) other facilities that the 
                                Administrator determines appropriately 
                                manage the covered product waste;
                            ``(ii) covered products are managed in an 
                        environmentally sound and socially just manner 
                        at reprocessing, disposal, or other facilities 
                        operating with human health and environmental 
                        protection standards that are broadly 
                        equivalent to the standards required in--
                                    ``(I) the United States; or
                                    ``(II) other countries that are 
                                members of the Organization for 
                                Economic Cooperation and Development; 
                                and
                            ``(iii) the Program includes measures to 
                        track, verify, and publicly report that covered 
                        products are managed responsibly and not 
                        reexported to other countries; and
                    ``(B) take measures--
                            ``(i) to promote high-quality recycling 
                        that retains material quality;
                            ``(ii) to meet the necessary quality 
                        standards for the relevant facilities that 
                        manufacture new products from the collected, 
                        sorted, and reprocessed materials; and
                            ``(iii) to prioritize the recycling of 
                        products and packaging into uses that achieve 
                        the greatest environmental benefits from 
                        displacing the use of virgin materials.
            ``(5) Costs.--A responsible party or an Organization may 
        not charge a covered entity any amount for the cost of carrying 
        out this subsection.
            ``(6) Effect.--Nothing in this subsection--
                    ``(A) requires a governmental entity to provide for 
                the collection of covered products; or
                    ``(B) prohibits a governmental entity from 
                providing for the collection of covered products.
    ``(c) Cleanup; Reduction in Waste.--A Program shall--
            ``(1) provide funding to, and coordinate with, entities 
        that collect covered product or beverage container litter from 
        public places or freshwater or marine environments in the 
        United States, including Tribal land and territories; and
            ``(2) coordinate product design and Program innovations to 
        reduce covered product or beverage container waste.
    ``(d) Minimum Funding Requirements.--
            ``(1) In general.--Of Program expenditures for a fiscal 
        year, an Organization shall ensure that--
                    ``(A)(i) for the 10-year period beginning on the 
                date on which the Organization is established, not less 
                than 50 percent is used for the improvement and 
                development of new market, recycling, or composting 
                infrastructure in the United States, which may include 
                installing or upgrading equipment at existing sorting 
                and reprocessing facilities--
                            ``(I) to improve sorting of covered product 
                        waste; or
                            ``(II) to mitigate the impacts of covered 
                        product waste to other commodities; and
                    ``(ii) for each year thereafter, such percentage as 
                the Administrator may establish, but not less than 10 
                percent, is used for the purposes described in clause 
                (i); and
                    ``(B) not less than 10 percent is used for--
                            ``(i) cleanup activities under subsection 
                        (c)(1); and
                            ``(ii) the removal of covered product or 
                        beverage container contaminants at compost 
                        facilities and other facilities that manage 
                        organic materials.
            ``(2) Determination of expenditures.--For purposes of 
        carrying out paragraph (1), Program expenditures for a fiscal 
        year shall be based on--
                    ``(A) in the case of the first fiscal year of the 
                Program, budgeted expenditures for the fiscal year; and
                    ``(B) in the case of each fiscal year thereafter, 
                Program expenditures for the previous fiscal year.

``SEC. 12104. NATIONAL BEVERAGE CONTAINER PROGRAM.

    ``(a) Responsibilities of Responsible Parties.--
            ``(1) In general.--Each responsible party for beverages 
        sold in beverage containers shall--
                    ``(A) charge to a retailer to which the beverage in 
                a beverage container is delivered a deposit in the 
                amount of the applicable refund value described in 
                subsection (c) on delivery; and
                    ``(B) on receipt of an empty beverage container 
                from a retailer, pay to the retailer a refund in the 
                amount of the applicable refund value described in 
                subsection (c).
            ``(2) Use of deposits from unredeemed beverage 
        containers.--A responsible party shall use any amounts received 
        as deposits under paragraph (1)(A) for which an empty beverage 
        container is not returned to the Organization responsible for 
        the material of the beverage container for investment in 
        collection, recycling, and reuse infrastructure.
    ``(b) Responsibilities of Retailers.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each retailer of beverages in beverage containers shall--
                    ``(A) charge to the customer to which the beverage 
                in a beverage container is sold a deposit in the amount 
                of the applicable refund value described in subsection 
                (c) on the sale;
                    ``(B) on receipt of an empty beverage container 
                from a customer, pay to the customer a refund in the 
                amount of the applicable refund value described in 
                subsection (c);
                    ``(C) accept a beverage container and pay a refund 
                under subparagraph (B)--
                            ``(i) during any period that the retailer 
                        is open for business; and
                            ``(ii) regardless of whether the specific 
                        beverage container was sold by the retailer; 
                        and
                    ``(D) in the case of a retailer that is equal to or 
                greater than 5,000 square feet, accept any brand and 
                size of beverage container and pay a refund under 
                subparagraph (B) for the beverage container, regardless 
                of whether the retailer sells that brand or size of 
                beverage container.
            ``(2) Exceptions.--
                    ``(A) Dirty or damaged.--A retailer described in 
                paragraph (1) may refuse to accept a beverage container 
                and pay a refund under paragraph (1)(B) if the beverage 
                container--
                            ``(i) visibly contains or is contaminated 
                        by a substance other than--
                                    ``(I) water;
                                    ``(II) residue of the original 
                                contents; or
                                    ``(III) ordinary dust; or
                            ``(ii) is so damaged that the brand or 
                        refund label appearing on the container cannot 
                        be identified.
                    ``(B) Container limitation.--
                            ``(i) Large retailers.--A retailer 
                        described in paragraph (1) that is equal to or 
                        greater than 5,000 square feet may refuse to 
                        accept, and pay a refund under paragraph (1)(B) 
                        for, more than 250 beverage containers per 
                        person per day.
                            ``(ii) Small retailers.--A retailer 
                        described in paragraph (1) that is less than 
                        5,000 square feet may refuse to accept, and pay 
                        a refund under paragraph (1)(B) for, more than 
                        50 beverage containers per person per day.
                    ``(C) Brand and size.--A retailer described in 
                paragraph (1) that is less than 5,000 square feet may 
                refuse to accept, and pay a refund under paragraph 
                (1)(B) for, a brand or size of beverage container that 
                the retailer does not sell.
                    ``(D) Restaurants.--A retailer described in 
                paragraph (1) that is a restaurant may refuse to 
                accept, and pay a refund under paragraph (1)(B) for, a 
                beverage container that the restaurant did not sell.
                    ``(E) Other means of return.--The Administrator may 
                permit the establishment of convenience zones, under 
                which a retailer within a convenience zone is exempt 
                from this subsection if the Administrator determines 
                that the retailer--
                            ``(i) is located within close proximity to 
                        a redemption center established under 
                        subsection (e)(2); and
                            ``(ii) shares in the cost of the operation 
                        of that redemption center with the responsible 
                        party.
    ``(c) Applicable Refund Value.--
            ``(1) In general.--The amount of the refund value referred 
        to in subsections (a) and (b) shall be not less than 10 cents.
            ``(2) Adjustments.--Beginning on the date that is 3 years 
        after the date of enactment of this part, the Administrator may 
        increase the minimum refund value under paragraph (1) to 
        account for--
                    ``(A) inflation; and
                    ``(B) other factors, such as a failure to meet 
                performance targets described in section 12105(g).
            ``(3) Discretionary increases.--A responsible party, with 
        respect to a covered product or beverage container, or a State 
        may require a refund value that is more than the minimum refund 
        value under paragraph (1).
    ``(d) Labeling.--Any manufacturer, importer, or distributor of a 
beverage in a beverage container that is sold in the United States 
shall include on the label of the beverage container a standardized 
description of the applicable refund value in such a manner that the 
description is clearly visible.
    ``(e) Responsibilities of Organizations.--
            ``(1) Collection and storage.--An Organization of 
        responsible parties for beverages sold in beverage containers 
        shall facilitate collection and storage of beverage containers 
        that are returned to retailers under this section by providing 
        storage or other means to collect the beverage containers until 
        collection for recycling, such as reverse vending or other 
        convenient options for consumers.
            ``(2) Redemption centers.--
                    ``(A) In general.--An Organization of responsible 
                parties for beverages sold in beverage containers shall 
                establish and operate facilities to accept beverage 
                containers from consumers.
                    ``(B) Requirements.--A facility established under 
                subparagraph (A) shall--
                            ``(i) be staffed and available to the 
                        public--
                                    ``(I) each day other than a Federal 
                                or local holiday; and
                                    ``(II) not less than 10 hours each 
                                day;
                            ``(ii) accept--
                                    ``(I) any beverage container; and
                                    ``(II) not less than 350 beverage 
                                containers per person per day; and
                            ``(iii) provide--
                                    ``(I) hand or automated counts 
                                conducted by staff of the facility;
                                    ``(II) a drop door for consumers to 
                                drop off bags of mixed beverage 
                                containers for staff of the facility to 
                                count, for which the facility may 
                                collect a convenience fee; or
                                    ``(III) any other convenient means 
                                of receiving and counting beverage 
                                containers, as determined by the 
                                Administrator.
            ``(3) Curbside collection.--An Organization may pay an 
        entity that collects curbside recycling the value of the 
        applicable refund value under subsection (c) for beverage 
        containers collected, based on weight or another measurement 
        that approximates the amount of the refunds, as negotiated by 
        the Organization and the entity.
    ``(f) Excluded States.--
            ``(1) Definition of eligible state.--In this subsection, 
        the term `eligible State' means a State that--
                    ``(A) has in effect a beverage container law before 
                the date of enactment of this subtitle; and
                    ``(B) enacts legislation after the date of 
                enactment of this part to update the beverage container 
                law described in subparagraph (A) to be consistent with 
                the refund value amounts under, and beverage containers 
                covered by, this part.
            ``(2) Compliance with state law.--In the case of an 
        eligible State, compliance with the law of the eligible State 
        by a distributor, retailer, manufacturer, importer, or 
        Organization shall be considered to be compliance with this 
        section.
            ``(3) Conformity.--An eligible State is encouraged to 
        negotiate with relevant Organizations on updated features of 
        the beverage container law of the eligible State, such as 
        sharing new revenue from increased deposits.

``SEC. 12105. PRODUCT STEWARDSHIP PLANS.

    ``(a) In General.--Not later than February 1, 2022, each 
Organization shall submit to the Administrator a Product Stewardship 
Plan that describes how the Organization will carry out the 
responsibilities of the Organization under this part.
    ``(b) Contents.--Each Plan shall contain, at a minimum--
            ``(1) contact information for the Organization submitting 
        the Plan;
            ``(2) a list of participating responsible parties and 
        brands covered by the applicable Program, including 
        organization structure for each responsible party; and
            ``(3) a description of--
                    ``(A) each category of covered product or beverage 
                sold in a beverage container covered by the Plan;
                    ``(B) funding for the Organization, including how 
                fees will be structured and collected in accordance 
                with section 12102(b)(5);
                    ``(C) performance targets under subsection (g);
                    ``(D) the means by which each type of covered 
                product or beverage container will be collected in 
                accordance with section 12103 or 12104, as applicable, 
                to meet--
                            ``(i) the consumer convenience and 
                        geographic coverage standards for collection 
                        under this part; and
                            ``(ii) the performance targets under 
                        subsection (g);
                    ``(E) consumer education plans in accordance with 
                section 12106;
                    ``(F) a customer service process, such as a process 
                for answering citizen or customer questions and 
                resolving issues;
                    ``(G) sound management practices for worker health 
                and safety;
                    ``(H) plans for complying with design-for-
                environment and labeling requirements under sections 
                12303 and 12304, respectively;
                    ``(I) the means by which responsible parties will 
                work with and improve existing recycling, composting, 
                litter cleanup, and disposal programs and 
                infrastructure;
                    ``(J) any plans to transition to reusable covered 
                products;
                    ``(K) the means by which the Organization is 
                mitigating fraud in the applicable Program;
                    ``(L) the means by which responsible parties will 
                consult with the Federal Government, State and local 
                governments, and any other important stakeholders; and
                    ``(M) plans for market development.
    ``(c) Approval or Denial.--Not later than 90 days after receiving a 
Plan under subsection (a), the Administrator shall--
            ``(1) approve or deny the Plan; and
            ``(2) notify the applicable Organization of the 
        determination of the Administrator under paragraph (1).
    ``(d) Implementation.--Beginning on August 1, 2022, not later than 
60 days after receiving a notification of approval of a Plan under 
subsection (c)(2), the applicable Organization shall begin 
implementation of the Plan.
    ``(e) Expiration.--A Plan--
            ``(1) shall expire on the date that is 5 years after the 
        date on which the Plan is approved; and
            ``(2) may be renewed.
    ``(f) Revisions.--The Administrator may require a revision to a 
Plan before the expiration date of the Plan if--
            ``(1) the performance targets under subsection (g) are not 
        being met; or
            ``(2) there is a change in circumstances that otherwise 
        warrants a revision.
    ``(g) Performance Targets.--
            ``(1) In general.--Each Plan shall contain achievable 
        performance targets for the collection and recycling of the 
        applicable covered product or beverage container in accordance 
        with section 12103 or 12104, as applicable.
            ``(2) Minimum requirements.--Performance targets under 
        paragraph (1) shall be not less than, by weight of covered 
        product--
                    ``(A) by December 31, 2027--
                            ``(i) 65 percent of all covered products, 
                        except paper, reused or recycled;
                            ``(ii) 75 percent of all beverage 
                        containers and paper covered products recycled; 
                        and
                            ``(iii) 50 percent of all industrially 
                        compostable covered products composted; and
                    ``(B) by December 31, 2032--
                            ``(i) 80 percent of all covered products, 
                        except paper, reused or recycled;
                            ``(ii) 90 percent of all beverage 
                        containers and paper covered products recycled; 
                        and
                            ``(iii) 70 percent of all industrially 
                        compostable covered products composted.

``SEC. 12106. OUTREACH AND EDUCATION.

    ``(a) In General.--A Program shall include the provision of 
outreach and education to consumers throughout the United States 
regarding--
            ``(1) proper end-of-life management of covered products and 
        beverage containers;
            ``(2) the location and availability of curbside and drop-
        off collection opportunities;
            ``(3) how to prevent litter of covered products and 
        beverage containers; and
            ``(4) recycling and composting instructions that are--
                    ``(A) consistent nationwide, except as necessary to 
                take into account differences among State and local 
                laws;
                    ``(B) easy to understand; and
                    ``(C) easily accessible.
    ``(b) Activities.--Outreach and education under subsection (a) 
shall--
            ``(1) be designed to achieve the management goals of 
        covered products and beverage containers under this part, 
        including the prevention of contamination by covered products 
        and beverage containers in other management systems or in other 
        materials;
            ``(2) be coordinated across programs nationally to avoid 
        confusion for consumers; and
            ``(3) include, at a minimum--
                    ``(A) consulting on education, outreach, and 
                communications with the advisory committee of the 
                applicable Organization and other stakeholders;
                    ``(B) coordinating with and assisting local 
                municipal programs, municipal contracted programs, 
                solid waste collection companies, and other entities 
                providing services to the Program;
                    ``(C) developing and providing outreach and 
                education to the diverse ethnic populations of the 
                United States through translated and culturally 
                appropriate materials, including in-language and 
                targeted outreach;
                    ``(D) establishing consumer websites and mobile 
                applications that provide information about methods to 
                prevent covered product and beverage container 
                pollution and how consumers may access and use 
                collection services;
                    ``(E) working with Program participants to label 
                covered products and beverage containers with 
                information to assist consumers in responsibly managing 
                covered product and beverage container waste; and
                    ``(F) determining the effectiveness of outreach, 
                education, communications, and convenience of services 
                through periodic surveys of consumers.
    ``(c) Evaluation.--If the Administrator determines that performance 
targets under section 12105(g) are not being met with respect to an 
Organization, the Organization shall--
            ``(1) conduct an evaluation of the effectiveness of 
        outreach and education efforts under this section to determine 
        whether changes are necessary to improve those outreach and 
        education efforts; and
            ``(2) develop information that may be used to improve 
        outreach and education efforts under this section.

``SEC. 12107. REPORTING.

    ``(a) In General.--An Organization shall annually make available on 
a publicly available website a report that contains--
            ``(1) with respect to covered products or beverages in 
        beverage containers sold or imported by members of the 
        Organization, a description of, at a minimum--
                    ``(A) the quantity of covered products or beverage 
                containers sold or imported and collected, by 
                submaterial type and State, for the year covered by the 
                report and each prior year;
                    ``(B) management of the covered products or 
                beverage containers, including recycling rates, by 
                submaterial type, for the year covered by the report 
                and each prior year;
                    ``(C) data on the final destination and quantity of 
                reclaimed covered products or beverage containers, by 
                submaterial type, including the form of any covered 
                products or beverage containers exported;
                    ``(D) contamination in the recycling stream of the 
                covered products or beverage containers;
                    ``(E) collection service vendors and collection 
                locations, including--
                            ``(i) the geographic distribution of 
                        collection;
                            ``(ii) distance to population centers;
                            ``(iii) hours;
                            ``(iv) actions taken to reduce barriers to 
                        collection by expanding curbside collection or 
                        facilitating drop-offs; and
                            ``(v) frequency of collection availability; 
                        and
                    ``(F) efforts to reduce environmental impacts at 
                each stage of the lifecycle of the covered products or 
                beverage containers;
            ``(2) the composition of the advisory committee for the 
        Organization;
            ``(3) expenses of the Organization;
            ``(4) outreach and education efforts under section 12106, 
        including the results of those efforts;
            ``(5) customer service efforts and results;
            ``(6) performance relative to the performance targets of 
        the Plan under section 12105(g);
            ``(7) the status of packaging innovation and design 
        characteristics to prevent littering, make covered products or 
        beverage containers reusable or refillable, or reduce overall 
        covered product and beverage container waste; and
            ``(8) any other information that the Administrator 
        determines to be appropriate.
    ``(b) Consistency.--Organizations shall make efforts to coordinate 
reporting under subsection (a) to provide for consistency of 
information across a category of covered products or beverage 
containers.
    ``(c) Audits.--Every 2 years, the Administrator shall conduct an 
audit of collection and recycling to provide an accounting of the 
collection and recycling of covered products and beverage containers 
that are not produced by a responsible party or an Organization.
    ``(d) Reductions in State and Local Taxes.--Not later than February 
1, 2025, and annually thereafter, the Administrator shall prepare and 
make publicly available a report describing--
            ``(1) the effect of this part on costs incurred by State 
        and local governments for the management and cleanup of covered 
        products and beverage containers; and
            ``(2) any reductions in State and local taxes as a result 
        of any reductions of costs described in paragraph (1).

              ``PART II--REDUCTION OF SINGLE-USE PRODUCTS

``SEC. 12201. PROHIBITION ON SINGLE-USE PLASTIC CARRYOUT BAGS.

    ``(a) Definition of Single-Use Plastic Bag.--In this section:
            ``(1) In general.--The term `single-use plastic bag' means 
        a bag that is--
                    ``(A) made of--
                            ``(i) plastic film; or
                            ``(ii) woven or nonwoven nylon, 
                        polypropylene, polyethylene-terephthalate, or 
                        Tyvek in a quantity less than 80 grams per 
                        square meter; and
                    ``(B) provided by a covered retail or service 
                establishment to a customer at the point of sale, home 
                delivery, the check stand, cash register, or other 
                point of departure to a customer for use to transport, 
                deliver, or carry away purchases.
            ``(2) Exclusions.--The term `single-use plastic bag' does 
        not include--
                    ``(A) a bag that is subject to taxation under 
                section 4056 of the Internal Revenue Code of 1986; or
                    ``(B) a covered product that is--
                            ``(i) used by a consumer inside a store--
                                    ``(I) to package bulk items, such 
                                as fruit, vegetables, nuts, grains, 
                                candy, unwrapped prepared foods or 
                                bakery goods, or small hardware items; 
                                or
                                    ``(II) to contain or wrap--
                                            ``(aa) prepackaged or non-
                                        prepackaged frozen foods, meat, 
                                        or fish; or
                                            ``(bb) flowers, potted 
                                        plants, or other items the 
                                        dampness of which may require 
                                        the use of the nonhandled bag;
                            ``(ii) a bag sold at retail in packages 
                        containing multiple bags intended to contain 
                        garbage or pet waste;
                            ``(iii) a newspaper bag;
                            ``(iv) a door hanger bag; or
                            ``(v) a laundry or dry cleaning bag.
    ``(b) Prohibition.--A covered retail or service establishment shall 
not provide at the point of sale a single-use plastic bag to a 
customer.
    ``(c) Enforcement.--
            ``(1) Written notification for first violation.--If a 
        covered retail or service establishment violates subsection 
        (b), the Administrator shall provide that covered retail or 
        service establishment with written notification regarding the 
        violation of the requirement under that subsection.
            ``(2) Subsequent violations.--
                    ``(A) In general.--If a covered retail or service 
                establishment, subsequent to receiving a written 
                notification described in paragraph (1), violates 
                subsection (b), the Administrator shall fine the 
                covered retail or service establishment in accordance 
                with subparagraph (B).
                    ``(B) Amount of penalty.--For each violation during 
                a calendar year, the amount of the penalty under 
                subparagraph (A) shall be--
                            ``(i) in the case of the first violation, 
                        $250;
                            ``(ii) in the case of the second violation, 
                        $500; and
                            ``(iii) in the case of the third violation 
                        or any subsequent violation, $1,000.
                    ``(C) Seizure.--On a third violation or any 
                subsequent violation under this paragraph by a covered 
                retail or service establishment, the Administrator may 
                seize any single-use plastic bags in the possession of 
                the covered retail or service establishment.
                    ``(D) Limitation.--In the case of a covered retail 
                or service establishment the annual revenue of which is 
                less than $1,000,000, a penalty shall not be imposed 
                under this paragraph more than once during any 7-day 
                period.
            ``(3) State enforcement.--The Administrator may permit a 
        State to carry out enforcement under this subsection if the 
        Administrator determines that the State meets such requirements 
        as the Administrator may establish.
    ``(d) Effective Date.--The prohibition under this section shall 
take effect on January 1, 2022.

``SEC. 12202. REDUCTION OF OTHER SINGLE-USE PRODUCTS.

    ``(a) Prohibition on Plastic Utensils and Plastic Straws.--
            ``(1) Utensils.--A covered retail or service establishment 
        may not use, provide, distribute, or sell a plastic utensil.
            ``(2) Plastic straws.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), a covered retail or service establishment that 
                sells food or beverages--
                            ``(i) except as provided in clause (ii), 
                        may not provide a plastic straw to a customer;
                            ``(ii) shall provide a plastic straw to a 
                        customer who requests a plastic straw;
                            ``(iii) shall provide accessible means of 
                        communication, across all ordering platforms 
                        used by the covered retail or service 
                        establishment (such as online, mobile, and in-
                        person), for customers to request a plastic 
                        straw; and
                            ``(iv) shall keep in stock plastic straws 
                        for customers who request plastic straws.
                    ``(B) Effective functional equivalents.--If the 
                Administrator, in consultation with the National 
                Council on Disability and advocates representing the 
                disability and environmental communities, determines 
                that an effective functional equivalent to a plastic 
                straw that can be recycled, composted, or disposed with 
                minimal harm to the environment has been developed--
                            ``(i) subparagraph (A) shall no longer 
                        apply; and
                            ``(ii) a covered retail or service 
                        establishment may not provide a plastic straw 
                        to a customer.
                    ``(C) Exclusion.--Subparagraph (A) shall not apply 
                to the sale of plastic straws in bulk for home or 
                personal use.
            ``(3) Nonplastic alternatives.--A covered retail or service 
        establishment may provide, distribute, or sell a reusable, 
        compostable, or recyclable alternative to a plastic utensil or 
        plastic straw only--
                    ``(A) on request of a customer; and
                    ``(B) in the case of a compostable or recyclable 
                alternative, if composting or recycling, as applicable, 
                for the item is provided and locally accessible.
    ``(b) Prohibition on Other Single-Use Products.--
            ``(1) In general.--Except as provided in paragraphs (3) and 
        (4), a covered retail or service establishment may not sell or 
        distribute any single-use product that the Administrator 
        determines is not recyclable or compostable and can be replaced 
        by a reusable or refillable item.
            ``(2) Inclusions.--In the prohibition under paragraph (1), 
        the Administrator shall include--
                    ``(A) expanded polystyrene for use in food service 
                products, disposable consumer coolers, or shipping 
                packaging;
                    ``(B) single-use personal care products, such as 
                miniature bottles containing shampoo, soap, and lotion 
                that are provided at hotels or motels;
                    ``(C) noncompostable produce stickers; and
                    ``(D) such other products that the Administrator 
                determines by regulation to be appropriate.
            ``(3) Exception.--The prohibition under paragraph (1) shall 
        not apply to the sale or distribution of an expanded 
        polystyrene cooler for medical use.
            ``(4) Temporary waiver.--The Administrator may grant a 
        temporary waiver of not more than 1 year from the prohibition 
        under paragraph (1) for the use of expanded polystyrene in 
        shipping packaging to protect a product of high value if a 
        viable alternative to expanded polystyrene is not available.
    ``(c) Enforcement.--
            ``(1) Written notification for first violation.--If a 
        covered retail or service establishment violates subsection (a) 
        or (b), the Administrator shall provide that covered retail or 
        service establishment with written notification regarding the 
        violation of the requirement under that subsection.
            ``(2) Subsequent violations.--
                    ``(A) In general.--If any covered retail or service 
                establishment, subsequent to receiving a written 
                notification described in paragraph (1), violates 
                subsection (a) or (b), the Administrator shall fine the 
                covered retail or service establishment in accordance 
                with subparagraph (B).
                    ``(B) Amount of penalty.--For each violation during 
                a calendar year, the amount of the penalty under 
                subparagraph (A) shall be--
                            ``(i) in the case of the first violation, 
                        $250;
                            ``(ii) in the case of the second violation, 
                        $500; and
                            ``(iii) in the case of the third violation 
                        or any subsequent violation, $1,000.
                    ``(C) Seizure.--On a third violation or any 
                subsequent violation under this paragraph by a covered 
                retail or service establishment, the Administrator may 
                seize any plastic products prohibited under subsection 
                (a) or (b) that are in the possession of the covered 
                retail or service establishment.
                    ``(D) Limitation.--In the case of a covered retail 
                or service establishment the annual revenue of which is 
                less than $1,000,000, a penalty shall not be imposed 
                under this paragraph more than once during any 7-day 
                period.
            ``(3) State enforcement.--The Administrator may permit a 
        State to carry out enforcement under this subsection if the 
        Administrator determines that the State meets such requirements 
        as the Administrator may establish.
    ``(d) Effective Date.--The prohibition under this section shall 
take effect on January 1, 2022.

``SEC. 12203. STUDY AND ACTION ON PLASTIC TOBACCO FILTERS AND 
              ELECTRONIC CIGARETTES.

    ``(a) Study.--Not later than 2 years after the date of enactment of 
this subtitle, the Administrator, in conjunction with the Commissioner 
of Food and Drugs and the Director of the National Institutes of 
Health, shall conduct a study on--
            ``(1) the environmental impacts and efficacy of tobacco 
        filters made from plastic; and
            ``(2) the environmental impacts of electronic cigarettes, 
        including disposable components of electronic cigarettes.
    ``(b) Report to Congress.--
            ``(1) In general.--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 to the committees described in paragraph 
        (2) a report describing recommendations to establish a program 
        to reduce litter from, and the environmental impacts of, 
        single-use tobacco filter products and electronic cigarettes.
            ``(2) Committees.--The committees referred to in paragraph 
        (1) are--
                    ``(A) the Committee on Health, Education, Labor, 
                and Pensions of the Senate;
                    ``(B) the Committee on Environment and Public Works 
                of the Senate;
                    ``(C) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    ``(D) the Committee on Energy and Commerce of the 
                House of Representatives.
    ``(c) Publication.--On submission of the report under subsection 
(b)(1), the Administrator, in conjunction with the Commissioner of Food 
and Drugs, shall publish in the Federal Register for public comment--
            ``(1) the report; and
            ``(2) a description of the actions the Administrator and 
        the Commissioner of Food and Drugs intend to take during the 1-
        year period after the date of publication to reduce litter 
        from, and the environmental impacts of, single-use tobacco 
        filter products and electronic cigarettes, including 
        recommendations for incorporating plastic tobacco filters and 
        electronic cigarette components into an extended producer 
        responsibility program.

                  ``PART III--RECYCLING AND COMPOSTING

``SEC. 12301. RECYCLING AND COMPOSTING COLLECTION.

    ``The Administrator, in consultation with Organizations, State and 
local governments, and affected stakeholders, shall issue guidance to 
standardize recycling and composting collection across communities and 
States.

``SEC. 12302. REQUIREMENTS FOR THE PRODUCTION OF PRODUCTS CONTAINING 
              RECYCLED CONTENT.

    ``(a) Plastic Beverage Containers.--
            ``(1) In general.--Subject to paragraph (2), the 
        Administrator shall require each responsible party for 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 Administrator 
                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 Administrator 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 coordination with the 
        Director of the National Institute of 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 recycled 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 paragraph (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 projected 
                        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
                            ``(iv) an assessment of--
                                    ``(I) post-consumer recycled 
                                content standards for covered products 
                                and beverage containers that are 
                                technologically feasible; and
                                    ``(II) the impact of the standards 
                                described in subclause (I) on recycling 
                                rates of covered products and beverage 
                                containers.
                    ``(B) Publication.--On submission of the report 
                under subparagraph (A) to Congress, the Administrator 
                shall publish in the Federal Register 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 minimum post-
                        consumer recycled content standards for covered 
                        products and beverage containers.
            ``(3) Minimum standards.--
                    ``(A) In general.--Not later than 1 year after the 
                Administrator publishes the report under paragraph 
                (2)(B), the Administrator shall establish minimum post-
                consumer recycled content standards for covered 
                products and beverage containers.
                    ``(B) Requirement.--The standards established under 
                subparagraph (A) shall increase the percentage by which 
                covered products and beverage containers shall be 
                composed of post-consumer recycled content over a time 
                period established by the Administrator.

``SEC. 12303. DESIGNING FOR THE ENVIRONMENT.

    ``(a) In General.--The Administrator shall require each responsible 
party of covered products and beverage containers to design the covered 
products and beverage containers to minimize the environmental and 
health impacts of the covered products and beverage containers.
    ``(b) Requirements.--In designing covered products and beverage 
containers in accordance with subsection (a), to minimize the impacts 
of extraction, manufacture, use, and end-of-life management, a 
responsible party shall consider--
            ``(1) eliminating or reducing the quantity of material 
        used;
            ``(2) eliminating toxic substances;
            ``(3) designing for reuse, refill, and lifespan extension;
            ``(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 
        environments; and
            ``(9) improving recyclability and compostability.

``SEC. 12304. PRODUCT LABELING.

    ``(a) In General.--A responsible party shall include labels on 
covered products and beverage containers that--
            ``(1) are easy to read;
            ``(2) indicate that the covered product or beverage 
        container is--
                    ``(A) recyclable;
                    ``(B) not recyclable;
                    ``(C) compostable; or
                    ``(D) reusable;
            ``(3) in the case of a covered product or beverage 
        container that is not recyclable, does not include the 
        universal chasing arrows recycling symbol or any other similar 
        symbol that would lead a consumer 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 beverage 
        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 responsible parties 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 beverage container; and
            ``(2) shall not require removal by consumers.
    ``(d) Compatibility.--The Administrator shall encourage label 
manufacturers, in coordination with the supply 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 described 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 otherwise 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 Industry and the European Disposables and 
                Nonwovens Association, entitled `Communicating 
                Appropriate Disposal Pathways for Nonwoven Wipes to 
                Protect Wastewater Systems', second edition, as 
                published in April 2017;
            ``(2) in the case of a wet wipe product sold in the United 
        States that is labeled with a claim that the product is 
        `flushable', `sewer and septic safe', or any other claim that 
        indicates that the product is intended to be disposed of in a 
        sewer or septic system--
                    ``(A) 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--
                            ``(i) 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
                            ``(ii) does not contain chemicals or 
                        additives harmful to the public wastewater 
                        infrastructure; and
            ``(3) in the case of a wet wipe product that is composed of 
        plastic or other synthetic material, including regenerated 
        cellulosic fibers--
                    ``(A) the label, marketing claims, or other 
                advertisements for the product may not identify the 
                product as intended for disposal in a sewer or septic 
                system; and
                    ``(B) the label shall clearly and conspicuously 
                state that the product contains plastic or other 
                synthetic material.

``SEC. 12305. RECYCLING AND COMPOSTING RECEPTACLE LABELING.

    ``(a) Purpose.--The purpose of this section is to establish 
guidelines for a national standardized labeling system for the 
development of labels for recycling and composting receptacles that use 
a methodology that is consistent throughout the United States to assist 
members of the public in properly recycling and composting.
    ``(b) 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 receptacle.--The term 
        `recycling or composting receptacle' means a recycling or 
        composing bin, cart, or dumpster.
            ``(3) Residential recycling and composting program.--The 
        term `residential recycling and composting program' means a 
        recycling and composting program that services single family 
        dwellings, multifamily dwellings or facilities, or both.
    ``(c) Guidelines.--The Administrator shall develop and publish 
guidelines for a national standardized labeling system for an 
Organization to use 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 service 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 
                that the Organization accepts; and
                    ``(B) the specific rules of sorting for that 
                Organization.
    ``(d) Development of Labels.--
            ``(1) In general.--Each Organization in the United States 
        shall, in accordance with the guidelines published under 
        subsection (c), use the national standardized labeling system 
        to develop labels for use on recycling and composting 
        receptacles in public spaces and the service area of the 
        Organization to communicate to users of those recycling and 
        composting receptacles--
                    ``(A) the specific recyclables and compostables 
                that the Organization accepts; and
                    ``(B) the specific rules of sorting for that 
                Organization.
            ``(2) Simple and detailed versions.--In developing labels 
        under paragraph (1), an Organization shall develop--
                    ``(A) a simple version of the label for use on 
                recycling and composting receptacles used in public 
                spaces, which shall list the basic recyclables and 
                compostables that the Organization accepts; 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 complexity of the packaging and 
                products disposed of by single 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 developed by that 
                Organization under subsection (d)(2)(A) to each 
                customer of that 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 reasonably sufficient to 
                ensure that a label may be placed on each recycling and 
                composting receptacle in that public space.
                    ``(C) Additional labels.--If the quantity 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 operators.--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 services a residential recycling and 
        composting program in the area served by an Organization shall 
        display a detailed standardized label developed by that 
        Organization under subsection (d)(2)(B) on each recycling and 
        composting receptacle used by the residential recycling and 
        composting program.

``SEC. 12306. PROHIBITION ON CERTAIN EXPORTS OF WASTE.

    ``No person may export from the United States plastic waste, 
plastic parings, or scraps of plastic--
            ``(1) to a country that is not a member of the Organization 
        for Economic Cooperation and Development;
            ``(2) without the prior informed consent of the relevant 
        authorities in a receiving country that is a member of the 
        Organization for Economic Cooperation and Development, if those 
        exports--
                    ``(A) are not of a single, nonhalogenated plastic 
                polymer; or
                    ``(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
            ``(3) that are contaminated with hazardous chemicals, toxic 
        substances, or substances to the extent that the export becomes 
        hazardous waste.

                  ``PART IV--LOCAL GOVERNMENT EFFORTS

``SEC. 12401. PROTECTION OF LOCAL GOVERNMENTS.

    ``Nothing in this subtitle or section 4056 of the Internal Revenue 
Code of 1986 preempts any State or local law in effect on or after the 
date of enactment of this subtitle that--
            ``(1) requires the collection and recycling of recyclables 
        in a greater quantity than required under section 12105(g);
            ``(2) prohibits the sale or distribution of products that 
        are not prohibited under part II;
            ``(3) requires products to be made of a greater percentage 
        of post-consumer recycled content than required under section 
        12302;
            ``(4) imposes a fee or other charge for products not 
        subject to taxation under section 4056 of the Internal Revenue 
        Code of 1986; or
            ``(5) in any way exceeds the requirements of this subtitle.

``SEC. 12402. CLEAN COMMUNITIES PROGRAM.

    ``The Administrator shall establish a program, to be known as the 
`Clean Communities Program', under which the Administrator shall 
leverage smart technology and social media to provide technical 
assistance to units of local government of States in cost-effectively--
            ``(1) identifying concentrated areas of pollution in that 
        unit of local government; and
            ``(2) implementing source reduction solutions.

                         ``PART V--FISHING GEAR

``SEC. 12501. STUDY AND ACTION ON DERELICT FISHING GEAR.

    ``(a) Report.--Not later than 2 years after the date of enactment 
of this subtitle, the Under Secretary of Commerce for Oceans and 
Atmosphere (referred to in this section as the `Under Secretary') shall 
submit to the Committee on Commerce, Science, and Transportation and 
the Committee on Environment and Public Works of the Senate and the 
Committee on Natural Resources of the House of Representatives a report 
that includes--
            ``(1) an analysis of the scale of fishing gear losses by 
        United States and foreign fisheries, including--
                    ``(A) the variance in the quantity of gear lost 
                among--
                            ``(i) domestic and foreign fisheries;
                            ``(ii) types of fishing gear; and
                            ``(iii) methods of fishing;
                    ``(B) the means by which lost fishing gear is 
                transported by ocean currents; and
                    ``(C) common reasons that fishing gear is lost;
            ``(2) an evaluation of the ecological, human health, and 
        maritime safety impacts of derelict fishing gear, and how those 
        impacts vary across--
                    ``(A) types of fishing gear;
                    ``(B) materials used to construct fishing gear; and
                    ``(C) geographic location;
            ``(3) recommendations on management measures--
                    ``(A) to prevent fishing gear losses; and
                    ``(B) to reduce the impacts of lost fishing gear;
            ``(4) an assessment of the cost of implementing management 
        measures described in paragraph (3); and
            ``(5) an assessment of the impact of fishing gear loss 
        attributable to foreign countries.
    ``(b) Publication.--On submission of the report under subsection 
(a), the Under Secretary shall publish in the Federal Register for 
public comment--
            ``(1) the report; and
            ``(2) a description of the actions the Under Secretary 
        intends to take during the 1-year period after the date of 
        publication to reduce litter from, and the environmental 
        impacts of, commercial fishing gear.''.
    (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--Producer Responsibility for Products and Packaging

``Sec. 12001. Definitions.
                 ``Part I--Products in the Marketplace

``Sec. 12101. Extended producer responsibility.
``Sec. 12102. Producer Responsibility Organizations.
``Sec. 12103. Covered product management.
``Sec. 12104. National beverage container program.
``Sec. 12105. Product Stewardship Plans.
``Sec. 12106. Outreach and education.
``Sec. 12107. Reporting.
              ``Part II--Reduction of Single-Use Products

``Sec. 12201. Prohibition on single-use plastic carryout bags.
``Sec. 12202. Reduction of other single-use products.
``Sec. 12203. Study and action on plastic tobacco filters and 
                            electronic cigarettes.
                  ``Part III--Recycling and Composting

``Sec. 12301. Recycling and composting collection.
``Sec. 12302. Requirements for the production of products containing 
                            recycled content.
``Sec. 12303. Designing for the environment.
``Sec. 12304. Product labeling.
``Sec. 12305. Recycling and composting receptacle labeling.
``Sec. 12306. Prohibition on certain exports of waste.
                  ``Part IV--Local Government Efforts

``Sec. 12401. Protection of local governments.
``Sec. 12402. Clean Communities Program.
                         ``Part V--Fishing Gear

``Sec. 12501. Study and action on derelict fishing gear.''.

SEC. 3. IMPOSITION OF TAX ON CARRYOUT BAGS.

    (a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986 
is amended by inserting after subchapter C the following new 
subchapter:

                     ``Subchapter D--Carryout Bags

``Sec. 4056. Imposition of tax.

``SEC. 4056. IMPOSITION OF TAX.

    ``(a) General Rule.--There is hereby imposed on any retail sale a 
tax on each carryout bag provided to a customer by an applicable 
entity.
    ``(b) Amount of Tax.--The amount of tax imposed by subsection (a) 
shall be $0.10 per carryout bag.
    ``(c) Liability for Tax.--The applicable entity shall be liable for 
the tax imposed by this section.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Applicable entity.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `applicable entity' means--
                            ``(i) any restaurant (as defined in section 
                        12001 of the Solid Waste Disposal Act), or
                            ``(ii) any business which--
                                    ``(I) sells food, alcohol, or any 
                                other good or product to the public at 
                                retail, or
                                    ``(II) elects to comply with the 
                                requirements under this section.
                    ``(B) Exception.--
                            ``(i) In general.--For purposes of this 
                        section, the term `applicable entity' shall not 
                        include any entity described in subparagraph 
                        (A) if the State, or any local government or 
                        political subdivision thereof, in which such 
                        entity is located has been granted a waiver 
                        pursuant to clause (ii).
                            ``(ii) Waiver.--The Secretary shall 
                        prescribe rules providing for the waiver of 
                        application of this section with respect to any 
                        State, or any local government or political 
                        subdivision thereof, which has enacted a tax or 
                        fee on the provision of carryout bags which is 
                        similar to the tax imposed under this section.
            ``(2) Carryout bag.--
                    ``(A) In general.--The term `carryout bag' means a 
                bag of any material that is provided to a consumer at 
                the point of sale to carry or cover purchases, 
                merchandise, or other items.
                    ``(B) Exceptions.--Such term shall not include any 
                product described in section 12201(a)(2)(B)(ii) of the 
                Solid Waste Disposal Act.
    ``(e) Bag Tax Stated Separately on Receipt.--The tax imposed by 
subsection (a) shall be separately stated on the receipt of sale 
provided to the customer.
    ``(f) Exceptions.--The tax imposed under subsection (a) shall not 
apply to any carryout bag that is provided to a customer as part of a 
transaction in which the customer is purchasing any item using benefits 
received under the supplemental nutrition assistance program 
established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 
seq.) or the supplemental nutrition program for women, infants, and 
children authorized under section 17 of the Child Nutrition Act of 1966 
(42 U.S.C. 1786).
    ``(g) Penalties.--
            ``(1) Written notification for first violation.--If any 
        applicable entity fails to collect the tax imposed under 
        subsection (a) or satisfy the requirements under subsection 
        (e), the Secretary shall provide such entity with written 
        notification regarding the violation of the requirements under 
        such subsections.
            ``(2) Subsequent violations.--
                    ``(A) In general.--If any applicable entity, 
                subsequent to receiving a written notification 
                described in paragraph (1), fails to collect the tax 
                imposed under subsection (a) or satisfy the 
                requirements under subsection (e), such entity shall 
                pay a penalty in addition to the tax imposed under this 
                section.
                    ``(B) Amount of penalty.--For each violation during 
                a calendar year, the amount of the penalty under 
                subparagraph (A) shall be--
                            ``(i) in the case of the first violation, 
                        $250,
                            ``(ii) in the case of the second violation, 
                        $500, and
                            ``(iii) in the case of the third violation 
                        or any subsequent violation, $1,000.
                    ``(C) Limitation.--In the case of any applicable 
                entity with less than $1,000,000 in total revenue for 
                the year preceding the imposition of any penalty under 
                this paragraph, any such penalty may not be imposed 
                under this paragraph more than once during any 7-day 
                period.
    ``(h) Rule of Construction.--Nothing in this section or any 
regulations promulgated under this section shall preempt, limit, or 
supersede, or be interpreted to preempt, limit, or supersede--
            ``(1) any law or regulation relating to any tax or fee on 
        carryout bags which is imposed by a State or local government 
        entity, or any political subdivision, agency, or 
        instrumentality thereof, or
            ``(2) any additional fees imposed by any applicable entity 
        on carryout bags provided to its customers.''.
    (b) Carryout Bag Credit Program.--Subchapter B of chapter 65 of 
such Code is amended by adding at the end the following new section:

``SEC. 6431. CARRYOUT BAG CREDIT PROGRAM.

    ``(a) Allowance of Credit.--If--
            ``(1) tax has been imposed under section 4056 on any 
        carryout bag,
            ``(2) an applicable entity provides such bag to a customer 
        in a point of sale transaction, and
            ``(3) such entity has kept and can produce records for 
        purposes of this section and section 4056 that include--
                    ``(A) the total number of carryout bags provided to 
                customers for which the tax was imposed under section 
                4056(a) and the amounts passed through to customers for 
                such bags pursuant to section 4056(e), and
                    ``(B) the total number of bags for which a refund 
                was provided to customers pursuant to a carryout bag 
                credit program,
the Secretary shall pay (without interest) to such entity an amount 
equal to the applicable amount for each bag provided by such entity in 
connection with a point of sale transaction.
    ``(b) Applicable Amount.--For purposes of subsection (a), the 
applicable amount is an amount equal to--
            ``(1) in the case of an applicable entity that has 
        established a carryout bag credit program, $0.10, and
            ``(2) in the case of an applicable entity that has not 
        established a carryout bag credit program, $0.04.
    ``(c) Carryout Bag Credit Program.--For purposes of this section, 
the term `carryout bag credit program' means a program established by 
an applicable entity which--
            ``(1) for each bag provided by the customer to package any 
        items purchased from the applicable entity, such entity refunds 
        such customer $0.05 for each such bag from the total cost of 
        their purchase,
            ``(2) separately states the amount of such refund on the 
        receipt of sale provided to the customer, and
            ``(3) prominently advertises such program at each entrance 
        and checkout register of the applicable entity.
    ``(d) Definitions.--For purposes of this section, the terms 
`applicable entity' and `carryout bag' have the same meanings given 
such terms under section 4056(d).''.
    (c) Establishment of Trust Fund.--Subchapter A of chapter 98 of 
such Code is amended by adding at the end the following:

``SEC. 9512. RECYCLING AND LITTER CLEANUP TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the `Recycling and 
Litter Cleanup Trust Fund' (referred to in this section as the `Trust 
Fund'), consisting of such amounts as may be appropriated or credited 
to the Trust Fund as provided in this section or section 9602(b).
    ``(b) Transfers to Trust Fund.--There is hereby appropriated to the 
Trust Fund an amount equivalent to the amounts received in the Treasury 
pursuant to section 4056.
    ``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund 
shall be available, as provided by appropriation Acts, for--
            ``(1) making payments under section 6431, and
            ``(2) making grants for--
                    ``(A) reusable carryout bags, and
                    ``(B) recycling, reuse, and composting 
                infrastructure and litter cleanup.''.
    (d) Study.--Not later than the date which is 18 months after the 
date of enactment of this Act, the Comptroller General of the United 
States shall conduct a study on the effectiveness of sections 4056, 
6431, and 9512 of the Internal Revenue Code of 1986 (as added by this 
Act) at reducing the use of carryout bags and encouraging the use of 
reusable bags. The report shall address--
            (1) the use of plastic or paper single-use carryout bags 
        during the period preceding the enactment of such sections;
            (2) the effect of such sections on the citizens and 
        residents of the United States, including--
                    (A) the percentage reduction in the use of plastic 
                or paper single-use carryout bags as a result of the 
                enactment of such sections;
                    (B) the opinion among citizens and residents of the 
                United States regarding the effect of such sections, 
                disaggregated by race and income level; and
                    (C) the amount of substitution between other types 
                of plastic bags for single-use carryout bags;
            (3) measures that the Comptroller General determines may 
        increase the effectiveness of such sections, including the 
        amount of tax imposed on each carryout bag; and
            (4) any effects, both positive and negative, on United 
        States businesses as a result of the enactment of such 
        sections, including costs, storage space, and changes in paper 
        bag usage.
The Comptroller General shall submit a report of such study to the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate.
    (e) Clerical Amendments.--
            (1) The table of subchapters for chapter 31 of such Code is 
        amended by inserting after the item relating to subchapter C 
        the following new item:

                    ``subchapter d. carryout bags''.

            (2) The table of sections for subchapter B of chapter 65 of 
        such Code is amended by adding at the end the following new 
        item:

``Sec. 6431. Carryout bag credit program.''.
            (3) The table of sections for subchapter A of chapter 98 of 
        such Code is amended by adding at the end the following new 
        item:

``Sec. 9512. Recycling and litter cleanup trust fund.''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2022.

SEC. 4. CLEAN AIR, CLEAN WATER, AND ENVIRONMENTAL JUSTICE.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental 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
                    (C) an industrial facility that repolymerizes 
                plastic polymers into chemical feedstocks for use in 
                new products or as fuel.
            (3) Covered products.--The term ``covered plastic'' 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 (including 
                pellets, resin, nurdle, powder, and flakes); or
                    (F) other plastic polymer raw materials in any form 
                (including pellets, resin, nurdle, powder, and flakes).
            (4) Environmental justice.--The term ``environmental 
        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, 
        implementation, and enforcement of environmental laws, 
        regulations, and policies to ensure that--
                    (A) communities of color, indigenous communities, 
                and low-income communities have access to public 
                information and opportunities for meaningful public 
                participation with respect to human health and 
                environmental planning, regulations, and enforcement;
                    (B) no community of color, indigenous community, or 
                low-income community is exposed to a disproportionate 
                burden of the negative human health and environmental 
                impacts of pollution or other environmental hazards; 
                and
                    (C) the 17 principles described in the document 
                entitled ``The Principles of Environmental Justice'', 
                written and adopted at the First National People of 
                Color Environmental Leadership Summit held on October 
                24 through 27, 1991, in Washington, DC, are upheld.
            (5) Fenceline monitoring.--The term ``fenceline 
        monitoring'' means continuous, real-time monitoring of ambient 
        air quality around the entire perimeter of a facility.
            (6) Frontline community.--
                    (A) In general.--The term ``frontline community'' 
                means a community located near a covered facility that 
                has experienced systemic socioeconomic disparities or 
                other forms of injustice.
                    (B) Inclusions.--The term ``frontline community'' 
                includes a low-income community, a community that 
                includes indigenous peoples, and a community of color.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, acting through the Chief of Engineers.
            (8) Single-use plastic.--
                    (A) In general.--The term ``single-use plastic'' 
                means a plastic product or packaging that is routinely 
                disposed of, recycled, or otherwise discarded after a 
                single use.
                    (B) Exclusions.--The term ``single-use plastic'' 
                does not include--
                            (i) medical food, supplements, devices, 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
                            (ii) packaging that is--
                                    (I) for any product described in 
                                clause (i); or
                                    (II) used for the shipment of 
                                hazardous materials that is prohibited 
                                from being composed of used materials 
                                under section 178.509 or section 
                                178.522 of title 49, Code of Federal 
                                Regulations (as in effect on the date 
                                of enactment of this Act).
            (9) 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 subsections (d) 
                and (e) are in effect.
            (10) Zero-emissions energy.--The term ``zero-emissions 
        energy'' means renewable energy the production of which emits 
        no greenhouse gases at the production source.
    (b) Temporary Pause.--During the temporary pause period, 
notwithstanding any other provision of law--
            (1) the Administrator shall not issue a new permit for a 
        covered facility under--
                    (A) the Clean Air Act (42 U.S.C. 7401 et seq.); or
                    (B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
            (2) the Secretary shall not issue a new permit for a 
        covered facility under section 404 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1344);
            (3) the Administrator shall object in writing under 
        subsections (b) and (c) of section 505 of the Clean Air Act (42 
        U.S.C. 7661d) or section 402(d)(2) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342(d)(2)), as applicable, to 
        any new permit issued to a covered facility 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
            (4) subject to subsection (g), the export of covered 
        products is prohibited.
    (c) 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 impacts 
                        of covered products;
                            (ii) the environmental justice and 
                        pollution impacts of covered facilities and the 
                        products of covered facilities;
                            (iii) the existing standard technologies 
                        and practices of covered facilities with 
                        respect to the discharge and emission of 
                        pollutants into the environment; and
                            (iv) the best available technologies and 
                        practices that reduce or eliminate the 
                        environmental justice and pollution impacts of 
                        covered facilities and the products of covered 
                        facilities.
                    (B) Failure to enter agreement.--If the 
                Administrator fails to enter into an agreement 
                described in subparagraph (A), the Administrator shall 
                conduct the study described in that subparagraph.
            (2) Requirements.--The study under paragraph (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 expansion 
                        of those industries, including local, regional, 
                        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 facilities and the 
                industries of covered facilities.
            (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 results of the study under 
        paragraph (1).
    (d) Clean Air.--
            (1) Timely revision of emissions standards.--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) National source performance standards implementation 
        improvements.--
                    (A) Zero-emissions energy.--Not later than 3 years 
                after the date of enactment of this Act, the 
                Administrator shall promulgate a final rule requiring 
                that--
                            (i) covered facilities that manufacture 
                        olefins, including ethylene and propylene, use 
                        only zero-emissions energy sources, except to 
                        the extent that waste gases are recycled; and
                            (ii) covered facilities that manufacture 
                        low-density polyethylene, linear low-density 
                        polyethylene, high-density polyethylene, 
                        styrene, vinyl chloride, or synthetic organic 
                        fibers use only zero-emissions energy sources, 
                        except to the extent that waste gases are 
                        recycled, unless the Administrator--
                                    (I) determines that under certain 
                                conditions (such as during the 
                                commencement or shut down of production 
                                at a covered facility), expenditures of 
                                energy that are not from zero-emissions 
                                energy sources are required; and
                                    (II) publishes the determination 
                                under subclause (I) and a proposed 
                                mixture of zero-emissions energy and 
                                non-zero-emissions energy for those 
                                conditions in a rulemaking.
                    (B) New source performance standards for certain 
                facilities.--Not later than 3 years after the date of 
                enactment of this Act, the Administrator shall 
                promulgate a final rule--
                            (i) designating ethylene, propylene, 
                        polyethylene, and polypropylene 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
                            (ii) establishing new source performance 
                        standards for the category of stationary source 
                        designated under clause (i) under section 
                        111(f)(1) of the Clean Air Act (42 U.S.C. 
                        7411(f)(1)).
                    (C) Storage vessels for covered products.--Not 
                later than 3 years after the date of enactment of this 
                Act, the Administrator shall promulgate a final rule 
                modifying section 60.112b(a) of title 40, Code of 
                Federal Regulations (as in effect on the date of 
                enactment of this Act), to ensure that an owner or 
                operator of a storage vessel containing liquid with a 
                vapor pressure of equal to or more than 5 millimeters 
                of mercury under actual storage conditions that is 
                regulated under that section uses--
                            (i) an internal floating roof tank 
                        connected to a volatile organic compound 
                        control device; or
                            (ii) a fixed-roof tank connected to a 
                        volatile organic compound control device.
                    (D) Flaring.--Not later than 30 days after the date 
                of enactment of this Act, the Administrator shall 
                promulgate a final rule--
                            (i) modifying title 40, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this Act), to ensure that flaring, 
                        either at ground-level or elevated, shall only 
                        be permitted when necessary solely for safety 
                        reasons; and
                            (ii) modifying sections 60.112b(a)(3)(ii), 
                        60.115b(d)(1), 60.482-10a(d), 60.662(b), 
                        60.702(b), and 60.562-1(a)(1)(i)(C) of title 
                        40, Code of Federal Regulations (as in effect 
                        on the date of enactment of this Act), to 
                        ensure that--
                                    (I) references to flare standards 
                                under those sections refer to the flare 
                                standards established under clause (i); 
                                and
                                    (II) the flare standards under 
                                those sections are, without exception, 
                                continuously applied.
                    (E) SOCMI equipment leaks.--Not later than 3 years 
                after the date of enactment of this Act, the 
                Administrator shall promulgate a final rule--
                            (i) modifying section 60.482-1a of title 
                        40, Code of Federal Regulations (as in effect 
                        on the date of enactment of this Act), to 
                        ensure that, whenever possible, owners and 
                        operators use process units and components with 
                        a leak-less or seal-less design;
                            (ii) modifying section 60.482-1a(f) of 
                        title 40, Code of Federal Regulations (as in 
                        effect on the date of enactment of this Act), 
                        to ensure that owners and operators use optical 
                        gas imaging monitoring pursuant to section 
                        60.5397a of title 40, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this Act), 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 million;
                            (iii) modifying 60.482-6a of title 40, Code 
                        of Federal Regulations (as in effect on the 
                        date of enactment of this Act), to ensure that 
                        the use of open-ended valves or lines is 
                        prohibited except if a showing is made that the 
                        use of an open-ended valve or line is necessary 
                        for safety reasons; and
                            (iv) modifying subpart VVa of part 60 of 
                        title 40, Code of Federal Regulations (as in 
                        effect on the date of enactment of this Act), 
                        to ensure that--
                                    (I) the term ``no detectable 
                                emissions'' is defined to mean an 
                                instrument reading of less than 50 
                                parts per million above background 
                                concentrations; and
                                    (II) the term ``leak'' is defined 
                                to mean an instrument reading of 
                                greater than or equal to 50 parts per 
                                million above background 
                                concentrations.
                    (F) 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 (as in effect on the date of 
                enactment of this Act), to ensure that boilers or 
                heaters located at an affected covered facility 
                regulated under that subpart may only burn gaseous 
                fuels, not solid fuels or liquid fuels.
                    (G) Monitoring.--Not later than 3 years after the 
                date of enactment of this Act, the Administrator shall 
                promulgate a final rule revising subparts DDD, NNN, 
                RRR, and other relevant subparts of part 60 of title 
                40, Code of Federal Regulations (as in effect on the 
                date of enactment of this Act)--
                            (i) to require continuous emissions 
                        monitoring of nitrogen oxides, sulfur dioxide, 
                        carbon monoxide, and filterable particulate 
                        matter for all combustion devices except for 
                        non-enclosed flares, including during startups, 
                        shutdowns, and malfunctions of the facilities 
                        regulated by those subparts;
                            (ii) to require--
                                    (I) accurate and continuous 
                                recordkeeping when continuous 
                                monitoring is required under clause 
                                (i); and
                                    (II) the records required under 
                                subclause (I) to be made available to 
                                the public; and
                            (iii) to require fenceline monitoring under 
                        section 63.658 of title 40, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this Act), for nitrogen oxides, 
                        sulfur dioxide, carbon monoxide, filterable and 
                        condensable particulate matter, and all other 
                        relevant hazardous air pollutants.
            (3) National emission standards for hazardous air 
        pollutants implementation improvements.--
                    (A) Equipment leaks of benzene.--Not later than 3 
                years after the date of enactment of this Act, the 
                Administrator shall promulgate a final rule modifying 
                section 61.112 of title 40, Code of Federal Regulations 
                (as in effect on the date of enactment of this Act), 
                that strikes subsection (c).
                    (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 (as in effect on the date of enactment of 
                this Act), to ensure that--
                            (i) the term ``no detectable emissions'' is 
                        defined to mean an instrument reading of less 
                        than 50 parts per million above background 
                        concentrations; and
                            (ii) the term ``leak'' is defined to mean 
                        an instrument reading of greater than or equal 
                        to 50 parts per million above background 
                        concentrations.
                    (C) Maximum achievable control technology standards 
                for covered facilities.--Not later than 3 years 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 (as in effect on the date 
                        of enactment of this Act), to ensure that--
                                    (I) the generic maximum achievable 
                                control technology standards described 
                                in that subpart--
                                            (aa) require no detectable 
                                        emissions of hazardous air 
                                        pollutants, unless the 
                                        Administrator--

                                                    (AA) determines 
                                                that the maximum degree 
                                                of reduction in 
                                                emissions of hazardous 
                                                air pollutants 
                                                achievable 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 
                                                determination under 
                                                subitem (AA) and the 
                                                proposed higher limits 
                                                in a rulemaking;

                                            (bb) ensure an ample margin 
                                        of safety to protect public 
                                        health and prevent an adverse 
                                        environmental effect; and
                                            (cc) prevent adverse 
                                        cumulative effects to fetal 
                                        health, the health of children, 
                                        and the health of vulnerable 
                                        subpopulations; and
                                    (II) the term ``no detectable 
                                emissions'', as required under 
                                subclause (I)(aa), is defined to mean 
                                an instrument reading of less than 50 
                                parts per million above background 
                                concentrations; and
                            (ii) in promulgating the final rule 
                        required in clause (i)(I), consider--
                                    (I) the effects and risks of 
                                exposure from multiple sources of 
                                hazardous air pollutants under the 
                                subpart modified under that clause; and
                                    (II) the best available science, 
                                including science provided by the 
                                National Academies of Science.
    (e) Clean Water.--
            (1) Revised effluent limitation guidelines for the organic 
        chemical, plastics, and synthetic fibers industrial category.--
                    (A) BAT and nsps standards for plastic polymer 
                production.--Not later than 3 years after the date of 
                enactment of this Act, the Administrator shall 
                promulgate a final rule--
                            (i) that ensures that the best available 
                        technology limitations described in part 414 of 
                        title 40, Code of Federal Regulations (as 
                        modified under clause (ii)), applies to covered 
                        facilities that produce fewer than 5,000,001 
                        pounds of covered products per year;
                            (ii) modifying part 414 of title 40, Code 
                        of Federal Regulations (as in effect on the 
                        date of enactment of this Act), to ensure that 
                        the best available technology and new source 
                        performance standard requirements under that 
                        part reflect updated best available technology 
                        and best available demonstrated control 
                        technology for all pollutants discharged by 
                        covered facilities that produce covered 
                        products, including pollutants of concern that 
                        are not regulated on the date of enactment of 
                        this Act; and
                            (iii) modifying sections 414.91(b), 
                        414.101(b), and 414.111(b) of title 40, Code of 
                        Federal Regulations (as in effect on the date 
                        of enactment of this Act), to ensure that--
                                    (I) for new source performance 
                                standards for applicable covered 
                                facilities producing covered products, 
                                the maximum effluent 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--
                                            (aa) determines that higher 
                                        limits are justified using best 
                                        available demonstrated control 
                                        technology; and
                                            (bb) publishes the 
                                        determination under item (aa) 
                                        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 milligrams per liter.
                    (B) Effluent limitations for runoff from plastic 
                polymer production and plastic molding and forming 
                facilities.--Not later than 60 days after the date of 
                enactment of this Act, the Administrator shall 
                promulgate a final rule modifying parts 414 and 463 of 
                title 40, Code of Federal Regulations (as in effect on 
                the date of enactment of this Act), to ensure that--
                            (i) the runoff from facilities regulated 
                        under part 414 or 463 of that title contains, 
                        for any 1 day and for any monthly average, 0 
                        milligrams per liter of plastic pellets or 
                        other plastic materials; and
                            (ii) the requirement under clause (i) is 
                        reflected in all stormwater and other permits 
                        issued by the Administrator and State-delegated 
                        programs under section 402 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1342), in 
                        addition to other applicable limits and 
                        standards.
                    (C) Effluent limitations for runoff from facilities 
                that transport and package plastic pellets or other 
                plastic materials.--Not later than 180 days after the 
                date of enactment of this Act, the Administrator 
                shall--
                            (i) identify, in addition to the facilities 
                        described in subparagraph (B)(i), other sources 
                        of runoff or other pollution consisting of 
                        plastic pellets or other plastic materials into 
                        navigable waters (as defined in section 502 of 
                        the Federal Water Pollution Control Act (33 
                        U.S.C. 1362)); and
                            (ii) promulgate a final rule that--
                                    (I) limits the discharge of plastic 
                                pellets or other plastic materials in 
                                wastewater and runoff from facilities 
                                identified under clause (i) to, for any 
                                1 day and for any monthly average, 0 
                                milligrams per liter; and
                                    (II) requires the limitation under 
                                subclause (I) to be reflected in all 
                                stormwater and other permits issued by 
                                the Administrator and State-delegated 
                                programs under section 402 of the 
                                Federal Water Pollution Control Act (33 
                                U.S.C. 1342), in addition to other 
                                applicable limits and standards.
            (2) Revised effluent limitations guidelines for ethylene 
        and propylene production.--
                    (A) BAT and nsps standards.--Not later than 3 years 
                after the date of enactment of this Act, the 
                Administrator shall promulgate a final rule--
                            (i) modifying sections 419.23, 419.26, 
                        419.33, and 419.36 of title 40, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this Act), to ensure that the best 
                        available technology and new source performance 
                        standards reflect updated best available 
                        technology and best available demonstrated 
                        control technology for all pollutants 
                        discharged by covered facilities producing 
                        ethylene or propylene; and
                            (ii) modifying sections 419.26(a) and 
                        419.36(a) of title 40, Code of Federal 
                        Regulations (as in effect on the date of 
                        enactment of this Act), to ensure that the new 
                        source performance standards for any 1 day and 
                        for average of daily values for 30 consecutive 
                        days for the priority pollutants described in 
                        appendix A to part 423 of title 40, Code of 
                        Federal Regulations (as in effect on the date 
                        of enactment of this Act), is 0 milligrams per 
                        liter unless the Administrator--
                                    (I) determines that higher limits 
                                are justified using best available 
                                demonstrated control technology; and
                                    (II) the Administrator publishes 
                                the determination under item (aa) 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 
                (as in effect on the date of enactment of this Act), to 
                ensure that runoff limitations that reflect best 
                available demonstrated control technology are included.
    (f) Environmental Justice Requirements for Covered Facility 
Permits.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Administrator shall promulgate a 
        final rule to ensure that--
                    (A) any proposed permit to be issued by the 
                Administrator or by a State agency 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.) with respect to a covered facility is accompanied 
                by an environmental justice assessment that--
                            (i) assesses the direct and cumulative 
                        economic, environmental, and public health 
                        impacts of the proposed permit on frontline 
                        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 environmental justice 
                assessment described in subparagraph (A) is delivered 
                to applicable frontline communities at the beginning of 
                the public comment period for the proposed permit, 
                which shall include notification through--
                            (i) direct means; and
                            (ii) publications likely to be obtained by 
                        residents of the frontline community;
                    (C) the Administrator or a State agency delegated 
                authority under the Clean Air Act (42 U.S.C. 7401 et 
                seq.) or the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.), as applicable, shall not approve 
                a proposed permit described in subparagraph (A) 
                unless--
                            (i) changes or alterations have been 
                        incorporated into the proposed permit that, to 
                        the maximum extent practicable, eliminate or 
                        mitigate the environmental justice impacts 
                        described in subparagraph (A)(i); and
                            (ii) the changes or alterations described 
                        in clause (i) have been developed with input 
                        from residents or representatives of the 
                        frontline community in which the covered 
                        facility to which the proposed permit would 
                        apply is located or seeks to locate; and
                    (D) the approval of a proposed permit described in 
                subparagraph (A) is conditioned on the covered facility 
                providing comprehensive fenceline monitoring and 
                response strategies that fully protect public health 
                and safety and the environment in frontline 
                communities.
            (2) Requirement.--The Administrator shall develop the final 
        rule required under paragraph (1) with input from--
                    (A) residents of frontline communities; and
                    (B) representatives of frontline communities.
    (g) Extended Producer Responsibility for International Plastic 
Exports.--The temporary pause on the export of covered products under 
subsection (b)(4) shall remain in place until the Secretary of Commerce 
promulgates a final rule that--
            (1) requires the tracking of covered products from sale to 
        disposal;
            (2) prohibits the export of covered products to purchasers 
        that convert those plastics into single-use plastics;
            (3) requires the Secretary of Commerce, not less frequently 
        than once every 2 years and in consultation with the 
        Administrator and the Secretary of Health and Human Services, 
        to publish a report measuring and evaluating the environmental 
        and environmental justice impacts of exporting covered products 
        from sale to disposal; and
            (4) establishes enforceable mechanisms for sellers or 
        purchasers of covered products to mitigate the environmental 
        and environmental justice impacts of those covered products 
        from sale to disposal.
                                 <all>