[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9388 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 9388

To require the Administrator of the Environmental Protection Agency to 
 carry out certain activities to protect communities from the harmful 
              effects of plastics, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 1, 2022

 Mr. Huffman (for himself, Mr. Lowenthal, Ms. Tlaib, Mr. Panetta, Ms. 
 Barragan, Mr. Lieu, Mrs. Watson Coleman, Mr. Connolly, Mr. Grijalva, 
  Ms. Lee of California, Mr. Quigley, Ms. Bonamici, Ms. Pingree, Mr. 
 Blumenauer, Ms. Schakowsky, Mr. Levin of California, and Mr. Casten) 
 introduced the following bill; which was referred to the Committee on 
       Energy and Commerce, and in addition to the Committees on 
 Transportation and Infrastructure, Agriculture, and Foreign Affairs, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
 carry out certain activities to protect communities from the harmful 
              effects of plastics, and for other purposes.

    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 ``Protecting Communities from Plastics 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) plastics production is exacerbating the climate crisis 
        and driving environmental injustice in vulnerable communities 
        located near petrochemical facilities;
            (2) plastics production is on track to double in the decade 
        following the date of enactment of this Act, locking in harmful 
        emissions for decades;
            (3) plastics and other petrochemicals are forecasted to 
        become the largest driver of oil and hydraulically fractured 
        gas demand by 2050;
            (4) some studies have projected that the plastics industry 
        will emit more greenhouse gas emissions than coal plants in the 
        United States by 2030;
            (5) petrochemical facilities that produce plastics are more 
        likely to be located in low-income communities and communities 
        of color, disproportionately exposing those communities to 
        harmful pollutants;
            (6) plastics production and certain disposal facilities 
        pollute surrounding communities with chemicals that are known 
        to cause cancer, birth defects, and other serious illnesses;
            (7) transitioning off fossil fuels for power generation and 
        transportation only to replace that demand with more fossil 
        fuel-based plastics production is not a viable strategy and 
        fails to protect communities;
            (8) plastics carry impacts throughout their lifecycles, 
        including the impacts of--
                    (A) oil and gas extraction;
                    (B) plastics refining, manufacturing, and certain 
                methods of disposal; and
                    (C) plastics pollution that ends up in communities 
                and in the environment, where the degrading plastics 
                leach chemical additives and emit greenhouse gases;
            (9) addressing the plastics crisis requires a shift away 
        from single-use plastics in nonessential settings; and
            (10) technologies that convert plastics to fuel, use 
        plastics for energy generation, generate feedstocks for the 
        chemical industry, or produce hazardous waste and toxic air 
        pollution are not a sustainable solution to the plastics 
        crisis.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Plastic.--
                    (A) In general.--The term ``plastic'' means a 
                synthetic or semisynthetic material that--
                            (i) is synthesized by the polymerization of 
                        organic substances; and
                            (ii) is capable of being shaped into 
                        various rigid and flexible forms.
                    (B) Inclusions.--The term ``plastic'' includes 
                coatings and adhesives described in subparagraph (A).
                    (C) Exclusions.--The term ``plastic'' does not 
                include--
                            (i) natural rubber; or
                            (ii) naturally occurring polymers, such as 
                        proteins or starches.
            (3) Reusable; refillable; reuse; refill.--The terms 
        ``reusable'', ``refillable'', ``reuse'', and ``refill'' mean--
                    (A) with respect to packaging or food service ware 
                that is reused or refilled by a producer, that the 
                packaging or food service ware is--
                            (i) explicitly designed and marketed to be 
                        utilized for not less than the number of cycles 
                        that the Administrator determines to be 
                        appropriate, for the same product, or for 
                        another purposeful packaging use in a supply 
                        chain;
                            (ii) designed for durability to function 
                        properly in its original condition for multiple 
                        cycles;
                            (iii) composed of materials that do not 
                        contain--
                                    (I) toxic heavy metals;
                                    (II) pathogens;
                                    (III) additives; or
                                    (IV) chemical substances designated 
                                as high-priority substances under 
                                section 6(b)(1) of the Toxic Substances 
                                Control Act (15 U.S.C. 2605(b)(1)), 
                                including the chemicals or mixtures of 
                                chemicals described in section 4(g)(3);
                            (iv) supported by adequate infrastructure 
                        to ensure the packaging or food service ware 
                        can be conveniently and safely reused or 
                        refilled for multiple cycles; and
                            (v) repeatedly recovered, inspected, and 
                        repaired, if necessary, and reissued into the 
                        supply chain for reuse or refill for multiple 
                        cycles; and
                    (B) with respect to packaging or food service ware 
                that is reused or refilled by a consumer, that the 
                packaging or food service ware is--
                            (i) explicitly designed and marketed to be 
                        utilized for not less than the number of cycles 
                        that the Administrator determines to be 
                        appropriate, for the same product;
                            (ii) designed for durability to function 
                        properly in its original condition for multiple 
                        cycles;
                            (iii) composed of materials that do not 
                        contain--
                                    (I) toxic heavy metals;
                                    (II) pathogens;
                                    (III) additives; or
                                    (IV) chemical substances designated 
                                as high-priority substances under 
                                section 6(b)(1) of the Toxic Substances 
                                Control Act (15 U.S.C. 2605(b)(1)), 
                                including the chemicals or mixtures of 
                                chemicals described in section 4(g)(3); 
                                and
                            (iv) supported by adequate and convenient 
                        availability of, and retail infrastructure for, 
                        bulk or large format packaging that may be 
                        refilled to ensure the packaging or food 
                        service ware can be conveniently and safely 
                        reused or refilled by the consumer for multiple 
                        cycles, as needed.
            (4) Single-use plastic.--
                    (A) In general.--The term ``single-use plastic'' 
                means a plastic product or packaging that--
                            (i) is routinely disposed of, recycled, or 
                        otherwise discarded after a single use; or
                            (ii) is not sufficiently durable or 
                        washable to be, or is not intended to be, 
                        reusable or refillable.
                    (B) Exclusions.--The term ``single-use plastic'' 
                does not include--
                            (i) medical equipment, medical devices, 
                        consumer personal protective equipment, or 
                        other products determined by the Secretary of 
                        Health and Human Services to necessarily be 
                        made of plastic for the protection of public 
                        health or for people with disabilities;
                            (ii) packaging that is--
                                    (I) for any product described in 
                                clause (i) that is determined by the 
                                Secretary of Health and Human Services 
                                to necessarily be used for the 
                                protection of public health or for 
                                people with disabilities; or
                                    (II) used for the shipment of 
                                hazardous materials that is prohibited 
                                from being composed of used 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 Act); or
                            (iii) personal hygiene products that, due 
                        to the intended use of the products, could 
                        become unsafe or unsanitary to recycle, such as 
                        diapers.

SEC. 4. ENVIRONMENTAL JUSTICE PROTECTIONS AT COVERED FACILITIES.

    (a) Definitions.--In this section:
            (1) Community of color.--The term ``community of color'' 
        means a geographically distinct area in which the percentage of 
        the population of the community represented by people of color 
        is higher than the percentage of the population of the State 
        represented by people of color.
            (2) Consultation.--The term ``consultation'' means the 
        meaningful and timely process of--
                    (A) seeking, discussing, and carefully considering 
                the views of fenceline communities in a manner that is 
                cognizant of the values of all parties; and
                    (B) when feasible, seeking agreement among the 
                parties.
            (3) Covered facility.--The term ``covered facility'' 
        means--
                    (A) an industrial facility that transforms 
                petrochemical gas and liquids into ethylene and 
                propylene for later conversion into plastic polymers;
                    (B) an industrial facility that transforms ethylene 
                and propylene into any other chemical for later 
                conversion into plastic polymers;
                    (C) a plastic polymerization or polymer production 
                facility;
                    (D) an industrial facility that depolymerizes or 
                otherwise breaks down plastic polymers into chemical 
                feedstocks for use in new products or as fuel;
                    (E) an industrial facility that converts, including 
                through pyrolysis or gasification, plastic polymers 
                into chemical feedstocks; and
                    (F) an industrial facility that generates fuel or 
                energy from plastic polymers through waste-to-fuel 
                technology, an incinerator, or other similar 
                technology, as determined by the Administrator.
            (4) Covered product.--The term ``covered product'' means--
                    (A) ethylene;
                    (B) propylene; and
                    (C) raw plastic materials in any form, including 
                pellets, resin, nurdles, powder, and flakes, 
                including--
                            (i) polyethylene terephthalate (commonly 
                        referred to as ``PET'');
                            (ii) high density polyethylene (commonly 
                        referred to as ``HDPE'');
                            (iii) low density polyethylene (commonly 
                        referred to as ``LDPE'');
                            (iv) polypropylene (commonly referred to as 
                        ``PP'');
                            (v) polyvinyl chloride (commonly referred 
                        to as ``PVC'');
                            (vi) polystyrene (commonly referred to as 
                        ``PS''); and
                            (vii) any other plastic polymer determined 
                        to be appropriate by the Administrator.
            (5) 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.
            (6) Fenceline community.--
                    (A) In general.--The term ``fenceline community'' 
                means a community located near a covered facility that 
                has experienced systemic socioeconomic disparities or 
                other forms of injustice.
                    (B) Inclusions.--The term ``fenceline community'' 
                includes a low-income community, an indigenous 
                community, and a community of color.
            (7) Fenceline monitoring.--The term ``fenceline 
        monitoring'' means continuous, real-time monitoring of ambient 
        air quality around the entire perimeter of a facility.
            (8) Indigenous community.--The term ``indigenous 
        community'' means--
                    (A) a federally recognized Indian Tribe;
                    (B) a State-recognized Indian Tribe;
                    (C) an Alaska Native or Native Hawaiian community 
                or organization; and
                    (D) any other community of indigenous people, 
                including communities in other countries.
            (9) Limited english proficiency individual.--The term 
        ``limited English proficiency individual'' means an individual 
        that--
                    (A) does not speak English as their primary 
                language; or
                    (B) has a limited ability to read, speak, write, or 
                understand English.
            (10) Low-income community.--The term ``low-income 
        community'' means any census block group in which 30 percent or 
        more of the population are individuals with an annual household 
        income equal to, or less than, the greater of--
                    (A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Department of Housing and Urban 
                Development; and
                    (B) 200 percent of the Federal poverty line.
            (11) Material recovery facility.--The term ``material 
        recovery facility'' means a solid waste management facility 
        that processes materials for reuse or recycling.
            (12) Meaningful.--The term ``meaningful'', with respect to 
        involvement by the public in a determination by a Federal 
        agency, means that--
                    (A) potentially affected residents of a community 
                have an appropriate opportunity to participate in 
                decisions relating to a proposed activity that will 
                affect the environment or public health of the 
                community;
                    (B) the public contribution can influence the 
                determination by the Federal agency;
                    (C) the concerns of all participants involved are 
                taken into consideration in the decision-making 
                process; and
                    (D) the Federal agency--
                            (i) provides to potentially affected 
                        members of the public accurate information, 
                        including identifying limited English 
                        proficiency individuals who need language 
                        assistance, implementing accessible language 
                        assistance measures, and providing notice to 
                        limited English proficiency individuals for 
                        effective engagement in decisions; and
                            (ii) facilitates the involvement of 
                        potentially affected members of the public.
            (13) Temporary pause period.--The term ``temporary pause 
        period'' means the period--
                    (A) beginning on the date of enactment of this Act; 
                and
                    (B) ending on the date that is the first date on 
                which--
                            (i) all regulations and final rules 
                        required under subsections (d), (e), and (f) 
                        are in effect; and
                            (ii) the amendments made by subsection (i) 
                        are fully implemented.
    (b) National Academies Study of Plastics Industry.--
            (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, 
                        the extraction and refining of fossil fuels and 
                        polymer feedstocks, chemical recycling efforts, 
                        end uses, disposal fate, and lifecycle impacts 
                        of covered products;
                            (ii) the environmental, public health, and 
                        environmental justice and pollution impacts of 
                        covered facilities and the products of covered 
                        facilities;
                            (iii) the use of toxic additives in the 
                        production of covered products and the 
                        consequences of those additives on public 
                        health;
                            (iv) the existing standard technologies and 
                        practices of covered facilities with respect to 
                        the discharge and emission of pollutants into 
                        the environment;
                            (v) the best available technologies and 
                        practices that reduce or eliminate the 
                        environmental justice and pollution impacts of 
                        covered facilities, associated infrastructure 
                        of covered facilities, and the products of 
                        covered facilities; and
                            (vi) the toxicity of plastic polymers, 
                        additives, and chemicals (including 
                        byproducts), including the impacts of those 
                        polymers, additives, and chemicals on--
                                    (I) public health;
                                    (II) the recyclability of plastic; 
                                and
                                    (III) the ability to use recycled 
                                content.
                    (B) Failure to enter agreement.--If the 
                Administrator fails to enter into an 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 industries, including 
                        plastic production industries, chemical 
                        recycling industries, and the industries of 
                        other 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, regulations, standards, 
                and practices, including recommendations for 
                technologies, regulations, standards, and practices 
                that will best carry out the regulatory modifications 
                required under subsections (d), (e), and (g), to 
                remediate or eliminate the local, regional, national, 
                and international air, water, waste, climate change, 
                public health, and environmental justice impacts of the 
                industries described in subparagraph (A)(i).
            (3) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Administrator shall submit to 
        Congress a report describing the results of the study under 
        paragraph (1).
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Academy of Sciences and the 
        National Institutes of Health such sums as are necessary to 
        carry out this subsection.
    (c) Permitting Moratorium for Covered Facilities.--
            (1) In general.--Subject to paragraph (2), during the 
        temporary pause period, notwithstanding any other provision of 
        law--
                    (A) the Administrator shall not issue a new permit 
                for a covered facility under--
                            (i) the Clean Air Act (42 U.S.C. 7401 et 
                        seq.); or
                            (ii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                    (B) the Secretary of the Army, acting through the 
                Chief of Engineers, shall not issue a new permit for a 
                covered facility under section 404 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344);
                    (C) 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
                    (D) the export of covered products is prohibited.
            (2) Exception.--Paragraph (1) does not apply to a permit 
        described in that paragraph for a facility that is--
                    (A) a material recovery facility;
                    (B) a mechanical recycling facility; or
                    (C) a compost facility.
    (d) Clean Air Requirements for Covered Facilities.--
            (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) 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--
                    (A) designating petrochemical feedstock and polymer 
                production facilities as a category of stationary 
                source under section 111(b)(1)(A) of the Clean Air Act 
                (42 U.S.C. 7411(b)(1)(A)); and
                    (B) establishing new source performance standards 
                for the category of stationary source designated under 
                subparagraph (A) under section 111(f)(1) of the Clean 
                Air Act (42 U.S.C. 7411(f)(1)).
            (3) 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--
                    (A) an internal floating roof tank connected to a 
                volatile organic compound control device; or
                    (B) a fixed-roof tank connected to a volatile 
                organic compound control device.
            (4) Flaring.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall promulgate a 
        final rule--
                    (A) modifying title 40, Code of Federal Regulations 
                (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
                    (B) 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 subparagraph (A); and
                            (ii) the flare standards under those 
                        sections are, without exception, continuously 
                        applied.
            (5) SOCMI equipment leaks.--Not later than 3 years after 
        the date of enactment of this Act, the Administrator shall 
        promulgate a final rule--
                    (A) modifying section 60.482-1a of title 40, Code 
                of Federal Regulations (as in effect on the date of 
                enactment of this Act), to ensure that owners and 
                operators use process units and components with a leak-
                less or seal-less design;
                    (B) 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;
                    (C) 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
                    (D) 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.
            (6) Natural-gas fired steam boilers.--Not later than 3 
        years after the date of enactment of this Act, the 
        Administrator shall promulgate a final rule revising subpart Db 
        of part 60 of title 40, Code of Federal Regulations (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.
            (7) 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 cumulative 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.
            (8) 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)--
                    (A) to require continuous emissions monitoring of 
                benzene, 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;
                    (B) to require--
                            (i) accurate and continuous recordkeeping 
                        when continuous emissions monitoring is 
                        required under subparagraph (A); and
                            (ii) the records required under clause (i) 
                        to be made available to the public in real 
                        time;
                    (C) to require continuous fenceline monitoring of 
                emissions from combustion devices 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; and
                    (D) to ensure that the continuous monitoring of 
                combustion devices required under subparagraphs (A) and 
                (C) are used to determine the compliance of facilities 
                regulated by those subparts with the Clean Air Act (42 
                U.S.C. 7401 et seq.).
    (e) Clean Water Requirements for Covered Facilities.--
            (1) BAT and nsps standards for plastic polymer 
        production.--Not later than 3 years after the date of enactment 
        of this Act, the Administrator shall promulgate a final rule--
                    (A) that ensures that the best available technology 
                limitations described in part 414 of title 40, Code of 
                Federal Regulations (as modified under subparagraph 
                (B)) applies to covered facilities that produce fewer 
                than 5,000,001 pounds of covered products per year;
                    (B) 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
                    (C) 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--
                                    (I) determines that higher limits 
                                are justified using best available 
                                demonstrated control technology; and
                                    (II) publishes the determination 
                                under subclause (I) and the proposed 
                                higher limits in a rulemaking; and
                            (ii) for best available technology and new 
                        source performance standards, the maximum 
                        effluent limit for any 1 day and for any 
                        monthly average for total plastic pellets and 
                        other plastic material is 0 milligrams per 
                        liter.
            (2) Revised effluent limitations guidelines for 
        petrochemical feedstock and polymer 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 
                        petrochemical feedstocks and polymers; 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 necessary based on the best 
                                available demonstrated control 
                                technology; and
                                    (II) the Administrator publishes 
                                the determination under subclause (I) 
                                and the proposed higher limits in a 
                                rulemaking.
                    (B) Runoff limitations for ethylene and propylene 
                production.--Not later than 3 years after the date of 
                enactment of this Act, the Administrator shall 
                promulgate a final rule modifying sections 419.26(e) 
                and 419.36(e) of title 40, Code of Federal Regulations 
                (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 Facilities.--
            (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, indirect, and 
                        cumulative economic, environmental, and public 
                        health impacts of the proposed permit on 
                        fenceline communities; and
                            (ii) proposes changes or alterations to the 
                        proposed permit that would, to the maximum 
                        extent practicable, eliminate or mitigate the 
                        impacts described in clause (i);
                    (B) each proposed permit and environmental justice 
                assessment described in subparagraph (A) is delivered 
                to applicable fenceline communities at the beginning of 
                the public comment period for the proposed permit for 
                purposes of notification and consultation, which shall 
                include--
                            (i) prompt notification--
                                    (I) through direct means, including 
                                in non-English languages for limited 
                                English proficiency individuals;
                                    (II) through publications likely to 
                                be obtained by residents of the 
                                fenceline community, including non-
                                English language publications; and
                                    (III) in the form of a public 
                                hearing in the fenceline community--
                                            (aa) for which public 
                                        notice is provided--

                                                    (AA) not less than 
                                                60 days before the date 
                                                on which the public 
                                                hearing is to be held; 
                                                and

                                                    (BB) using the 
                                                means described in 
                                                subclauses (I) and 
                                                (II);

                                            (bb) for which translation 
                                        services are provided; and
                                            (cc) that is accessible 
                                        through live-streaming or 
                                        alternative video streaming 
                                        services for which translation 
                                        services are provided; and
                            (ii) after the prompt notification required 
                        under clause (i), consultation that--
                                    (I) facilitates effective 
                                collaboration and informed policymaking 
                                that further recognizes the importance 
                                of regular communication and 
                                collaboration with fenceline 
                                communities, regardless of whether 
                                specific regulatory or policy changes 
                                are being considered;
                                    (II) seeks information and input 
                                from fenceline communities by 
                                soliciting the collaboration, 
                                cooperation, and participation of those 
                                fenceline communities;
                                    (III) includes an in-person meeting 
                                or a telephone conference that--
                                            (aa) is in a location, if 
                                        applicable, that is selected by 
                                        those engaged in the 
                                        consultation to be mutually 
                                        accessible to representatives 
                                        of fenceline communities and 
                                        applicable State or Federal 
                                        government participants; and
                                            (bb) removes institutional 
                                        and procedural impediments that 
                                        adversely affect working 
                                        directly with fenceline 
                                        communities;
                                    (IV) ensures that any health or 
                                environmental concerns raised by 
                                fenceline communities with be properly 
                                invested and considered in decisions to 
                                grant or deny the proposed permit; and
                                    (V) explains to the representatives 
                                of the fenceline community the range of 
                                resulting actions that the 
                                Administrator or State agency may take; 
                                and
                    (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 revised proposed permit 
                        that, to the maximum extent practicable, 
                        eliminate or mitigate the environmental justice 
                        impacts described in subparagraph (A)(i);
                            (ii) the changes or alterations described 
                        in clause (i) have been developed with 
                        meaningful input from residents or 
                        representatives of the fenceline community in 
                        which the covered facility to which the 
                        proposed permit would apply is located or seeks 
                        to locate; and
                            (iii) the permit includes a community 
                        benefit agreement that--
                                    (I) has been entered into after the 
                                prompt notification and consultation 
                                required under clauses (i) and (ii), 
                                respectively, of subparagraph (B); and
                                    (II) stipulates the benefits the 
                                covered facility agrees to fund or 
                                furnish in exchange for community 
                                support for the covered facility, which 
                                may include--
                                            (aa) commitments to hire 
                                        directly from a community;
                                            (bb) contributions to 
                                        economic and health trust 
                                        funds;
                                            (cc) local workforce 
                                        training guarantees;
                                            (dd) increased pollution 
                                        control technologies;
                                            (ee) operation 
                                        restrictions;
                                            (ff) financial assurances; 
                                        and
                                            (gg) siting restrictions;
                    (D) 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) during 
                the 45-day period beginning on the date on which a 
                public hearing described in subparagraph (B)(i)(III) is 
                held for the proposed permit; and
                    (E) the approval of a proposed permit described in 
                subparagraph (A) is conditioned on the covered facility 
                providing comprehensive third-party fenceline 
                monitoring and response strategies that fully protect 
                public health and safety and the environment in 
                fenceline communities, for which the affected fenceline 
                communities have the opportunity to provide meaningful 
                input.
            (2) Requirements.--
                    (A) Required input.--The Administrator shall 
                develop the final rule required under paragraph (1) 
                with meaningful input from--
                            (i) residents of fenceline communities; and
                            (ii) representatives of fenceline 
                        communities.
                    (B) Community consultation requirement.--In 
                carrying out the consultation required under paragraph 
                (1)(B)(ii), the Administrator and each 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.) shall establish a 
                dedicated position that--
                            (i) supports fenceline communities in 
                        understanding the technical nuances of the 
                        permit and regulatory process; and
                            (ii) accounts for limited English 
                        proficiency individuals.
            (3) Report to congress on state permitting programs.--Not 
        later than 2 years after the date on which the final rule 
        required under paragraph (1) is published in the Federal 
        Register, and every 5 years thereafter, the Administrator shall 
        submit to Congress a report evaluating how States are 
        implementing required environmental justice considerations 
        pursuant to that final rule into their permitting programs 
        under the Clean Air Act (42 U.S.C. 7401 et seq.) and the 
        Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
    (g) Toxic Substances.--
            (1) Inventory and reporting.--Section 8(b) of the Toxic 
        Substances Control Act (15 U.S.C. 2607(b)) is amended by adding 
        at the end the following:
            ``(11) Plastics.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Covered facility; covered product.--
                        The terms `covered facility' and `covered 
                        product' have the meanings given those terms in 
                        section 4(a) of the Protecting Communities from 
                        Plastics Act.
                            ``(ii) Plastic; single-use plastic.--The 
                        terms `plastic' and `single-use plastic' have 
                        the meanings given those terms in section 3 of 
                        the Protecting Communities from Plastics Act.
                    ``(B) Publication.--Not later than April 1, 2025, 
                and every 3 years thereafter, the Administrator shall 
                publish in the Federal Register an inventory of plastic 
                manufacturing, distribution in commerce, and trade in 
                the United States.
                    ``(C) Process.--In carrying out the inventory under 
                subparagraph (B), the Administrator shall--
                            ``(i) identify--
                                    ``(I) each covered facility; and
                                    ``(II) any other manufacturer of 
                                plastic products;
                            ``(ii) identify--
                                    ``(I) the polymers associated with 
                                plastic production;
                                    ``(II) the types or uses of plastic 
                                products manufactured; and
                                    ``(III) the associated quantities 
                                of polymer and product manufacture and 
                                uses;
                            ``(iii) quantify the single-use plastics 
                        manufactured--
                                    ``(I) in the aggregate; and
                                    ``(II) by use category;
                            ``(iv) quantify the percentage of post-
                        consumer recycled content of the feedstocks for 
                        the manufacture of the types of plastic 
                        products identified under clause (ii)(II);
                            ``(v) provide information and quantified 
                        estimates on the fate of the plastic products 
                        at the end of their useful life;
                            ``(vi) identify the chemicals used in 
                        polymer or plastic production that may pose a 
                        potential risk to human health and the 
                        environment, taking into account the data 
                        reported under subparagraph (D)(i), which shall 
                        include, at a minimum, the information 
                        described in subparagraphs (A) through (G) of 
                        subsection (a)(2);
                            ``(vii) specify any chemicals identified 
                        under clause (vi)--
                                    ``(I) that are undergoing 
                                regulatory action under section 6; or
                                    ``(II) for which regulatory action 
                                under section 6 is anticipated during 
                                the next 3 years;
                            ``(viii) for each chemical identified under 
                        clause (vi) that is not specified under clause 
                        (vii), provide a timetable for regulatory 
                        action under section 6 and any other 
                        recommended actions, including proposed 
                        revisions of Federal law or regulations, to 
                        achieve further reductions in plastic 
                        manufacture or distribution in commerce; and
                            ``(ix) propose revisions to Federal law or 
                        regulations to achieve further reductions in 
                        plastic manufacture or distribution in 
                        commerce.
                    ``(D) Reporting.--
                            ``(i) In general.--To assist in the 
                        preparation of the inventory under subparagraph 
                        (B), notwithstanding section 3(2)(B), any 
                        person who manufactures a covered product used 
                        in plastic production, and any person who 
                        manufactures a plastic product, shall submit to 
                        the Administrator periodic reports at such time 
                        and including such information as the 
                        Administrator shall determine by rule.
                            ``(ii) Promulgation of rule.--Not later 
                        than July 1, 2024, the Administrator shall 
                        promulgate the rule described in clause (i).
                            ``(iii) Previously submitted information.--
                        To avoid duplication, information previously 
                        submitted to the Administrator under this 
                        section may be considered partially compliant 
                        with the reporting requirements of this 
                        subparagraph if the information previously 
                        submitted is an accurate reflection of the 
                        current information.
                            ``(iv) Public availability.--The 
                        Administrator shall make available to the 
                        public in an accessible database the reports 
                        submitted under clause (i), consistent with 
                        section 14.''.
            (2) Cumulative health risks posed by covered facilities.--
                    (A) Definitions.--In this paragraph:
                            (i) Chemical substance; mixture.--The terms 
                        ``chemical substance'' and ``mixture'' have the 
                        meanings given the terms in section 3 of the 
                        Toxic Substances Control Act (15 U.S.C. 2602).
                            (ii) Covered facility.--The term ``covered 
                        facility'' means a covered facility identified 
                        in the inventory.
                            (iii) Fenceline community.--The term 
                        ``fenceline community'' has the meaning given 
                        the term in section 4(a).
                            (iv) Inventory.--The term ``inventory'' 
                        means the inventory published under paragraph 
                        (11) of section 8(b) of the Toxic Substances 
                        Control Act (15 U.S.C. 2607(b)).
                    (B) Assessment.--Not later than April 1, 2027, 
                taking into account the inventory, the Administrator 
                shall conduct a single assessment of the aggregate, 
                cumulative public health impacts on fenceline 
                communities at covered facilities.
                    (C) Requirements.--The assessment under 
                subparagraph (B) shall--
                            (i) ascertain the potentially exposed or 
                        susceptible subpopulations;
                            (ii) estimate the magnitude of the 
                        potential health impacts on--
                                    (I) fenceline communities 
                                generally; and
                                    (II) more exposed or susceptible 
                                subpopulations specifically;
                            (iii) determine which chemical substances 
                        or mixtures may be causing or contributing to 
                        potential adverse public health impacts;
                            (iv) include an assessment of--
                                    (I) the cumulative exposures 
                                associated with covered facilities from 
                                all chemicals used to make plastic 
                                polymers;
                                    (II) the chemical substances 
                                (including plastic polymers, additives, 
                                and byproducts) produced from--
                                            (aa) the use of the plastic 
                                        polymers as feedstocks for 
                                        other chemicals; and
                                            (bb) waste-to-fuel 
                                        technology; and
                                    (III) the impact of chemical 
                                substances (including plastic polymers, 
                                additives, and byproducts) on--
                                            (aa) the recyclability of 
                                        plastics;
                                            (bb) the use of recycled 
                                        content in food contact 
                                        products and packaging; and
                                            (cc) public health; and
                            (v) focus on--
                                    (I) communities located near 
                                covered facilities;
                                    (II) workers at covered facilities; 
                                and
                                    (III) other potentially exposed or 
                                susceptible subpopulations.
                    (D) Procedural requirements.--The assessment under 
                subparagraph (B) shall be subject to--
                            (i) public notice and an opportunity for 
                        public comment; and
                            (ii) peer review by the Science Advisory 
                        Committee on Chemicals established under 
                        section 26(o) of the Toxic Substances Control 
                        Act (15 U.S.C. 2625(o)).
            (3) High-priority substances.--
                    (A) Styrene and vinyl chloride.--Not later than 2 
                years after the date of enactment of this Act, the 
                Administrator shall, after public notice and an 
                opportunity for public comment, make a final 
                prioritization determination under section 6(b)(1) of 
                the Toxic Substances Control Act (15 U.S.C. 2605(b)(1)) 
                relating to--
                            (i) styrene (including polystyrene); and
                            (ii) vinyl chloride (including polyvinyl 
                        chloride).
                    (B) Other chemicals or mixtures.--With respect to 
                any chemical substances or mixtures (as those terms are 
                defined in section 3 of the Toxic Substances Control 
                Act (15 U.S.C. 2602)) not described in subparagraph (A) 
                and identified in the assessment under paragraph (2) as 
                causing or contributing to potential adverse public 
                health impacts, the Administrator shall--
                            (i) include those chemical substances or 
                        mixtures in any subsequently published 
                        inventory; and
                            (ii) specify applicable timetables for 
                        action as part of the inventory in accordance 
                        with clause (vii) or (viii) of paragraph (11) 
                        of section 8(b) of the Toxic Substances Control 
                        Act (15 U.S.C. 2607(b)).
            (4) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated to the Administrator such sums as are 
                necessary to carry out this subsection and the 
                amendments made by this subsection.
                    (B) Maintenance of funding.--The funding provided 
                under this paragraph shall supplement (and not 
                supplant) other Federal funding to carry out the Toxic 
                Substances Control Act (15 U.S.C. 2601 et seq.).
    (h) Hazardous Waste.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall initiate a rulemaking to 
list discarded polyvinyl chloride as a hazardous waste under the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.).
    (i) Cumulative Impact Requirements for Covered Facilities.--
            (1) Federal water pollution control act.--Section 402 of 
        the Federal Water Pollution Control Act (33 U.S.C. 1342) is 
        amended--
                    (A) by striking the section designation and heading 
                and all that follows through ``Except as'' in 
                subsection (a)(1) and inserting the following:

``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

    ``(a) Permits Issued by Administrator.--
            ``(1) In general.--Except as'';
                    (B) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) by striking ``upon condition 
                                that such discharge will meet either 
                                (A) all'' and inserting the following: 
                                ``subject to the conditions that--
                    ``(A) the discharge will achieve compliance with--
                            ``(i) all'';
                                    (II) by striking ``403 of this Act, 
                                or (B) prior'' and inserting the 
                                following: ``403; or
                            ``(ii) prior''; and
                                    (III) by striking ``this Act.'' and 
                                inserting the following: ``this Act; 
                                and
                    ``(B) as applicable, with respect to the issuance 
                or renewal of the permit to a covered facility (as 
                defined in section 4(a) of the Protecting Communities 
                from Plastics Act)--
                            ``(i) based on an analysis by the 
                        Administrator of existing water quality and the 
                        potential cumulative impacts (as defined in 
                        section 501 of the Clean Air Act (42 U.S.C. 
                        7661)) of the discharge from the covered 
                        facility (as so defined), considered in 
                        conjunction with the designated and actual uses 
                        of the impacted navigable water, there exists a 
                        reasonable certainty of no harm to the health 
                        of the general population, or to any 
                        potentially exposed or susceptible 
                        subpopulation; or
                            ``(ii) if the Administrator determines 
                        that, due to those potential cumulative 
                        impacts, there does not exist a reasonable 
                        certainty of no harm to the health of the 
                        general population, or to any potentially 
                        exposed or susceptible subpopulation, the 
                        permit or renewal includes such terms and 
                        conditions as the Administrator determines to 
                        be necessary to ensure a reasonable certainty 
                        of no harm.''; and
                            (ii) in paragraph (2), by striking ``assure 
                        compliance with the requirements of paragraph 
                        (1) of this subsection, including conditions on 
                        data and information collection, reporting, and 
                        such other requirements as he deems 
                        appropriate.'' and inserting the following: 
                        ``ensure compliance with the requirements of 
                        paragraph (1), including--
                    ``(A) conditions relating to--
                            ``(i) data and information collection;
                            ``(ii) reporting; and
                            ``(iii) such other requirements as the 
                        Administrator determines to be appropriate; and
                    ``(B) with respect to covered facilities (as 
                defined in section 4(a) of the Protecting Communities 
                from Plastics Act) additional controls or pollution 
                prevention requirements.''; and
                    (C) in subsection (b)--
                            (i) in each of paragraphs (1)(D), (2)(B), 
                        and (3) through (7), by striking the semicolon 
                        at the end and inserting a period;
                            (ii) in paragraph (8), by striking ``; 
                        and'' at the end and inserting a period; and
                            (iii) by adding at the end the following:
            ``(10) To ensure that no permit will be issued to or 
        renewed for a covered facility (as defined in section 4(a) of 
        the Protecting Communities from Plastics Act) if, with respect 
        to an application for the permit, the State determines, based 
        on an analysis by the State of existing water quality and the 
        potential cumulative impacts (as defined in section 501 of the 
        Clean Air Act (42 U.S.C. 7661)) of the discharge from the 
        covered facility (as so defined), considered in conjunction 
        with the designated and actual uses of the impacted navigable 
        water, that the terms and conditions of the permit or renewal 
        would not be sufficient to ensure a reasonable certainty of no 
        harm to the health of the general population, or to any 
        potentially exposed or susceptible subpopulation.''.
            (2) Clean air act.--
                    (A) Definitions.--Section 501 of the Clean Air Act 
                (42 U.S.C. 7661) is amended--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``As used in this title--'' and 
                        inserting ``In this title:'';
                            (ii) by redesignating paragraphs (2), (3), 
                        and (4) as paragraphs (3), (5), and (4), 
                        respectively, and moving the paragraphs so as 
                        to appear in numerical order; and
                            (iii) by inserting after paragraph (1) the 
                        following:
            ``(2) Cumulative impacts.--The term `cumulative impacts' 
        means any exposure, public health or environmental risk, or 
        other effect occurring in a specific geographical area, 
        including from an emission or release--
                    ``(A) including--
                            ``(i) environmental pollution released--
                                    ``(I) routinely;
                                    ``(II) accidentally; or
                                    ``(III) otherwise; and
                            ``(ii) as assessed based on the combined 
                        past, present, and reasonably foreseeable 
                        emissions and discharges affecting the 
                        geographical area; and
                    ``(B) evaluated taking into account sensitive 
                populations and socioeconomic factors, where 
                applicable.''.
                    (B) Permit programs.--Section 502(b) of the Clean 
                Air Act (42 U.S.C. 7661a(b)) is amended--
                            (i) in paragraph (5)--
                                    (I) in subparagraphs (A) and (C), 
                                by striking ``assure'' each place it 
                                appears and inserting ``ensure''; and
                                    (II) by striking subparagraph (F) 
                                and inserting the following:
            ``(F) ensure that no permit will be issued to or renewed 
        for a covered facility (as defined in section 4(a) of the 
        Protecting Communities from Plastics Act), as applicable, if--
                    ``(i) with respect to an application for a permit 
                or renewal of a permit for a major source that is a 
                covered facility (as defined in section 4(a) of the 
                Protecting Communities from Plastics Act), the 
                permitting authority determines under paragraph 
                (9)(C)(ii)(I)(bb)(BB) that the terms and conditions of 
                the permit or renewal would not be sufficient to ensure 
                a reasonable certainty of no harm to the health of the 
                general population, or to any potentially exposed or 
                susceptible subpopulation, of the applicable census 
                tracts or Tribal census tracts (as those terms are 
                defined by the Director of the Bureau of the Census); 
                or
                    ``(ii) the Administrator objects to the issuance of 
                the permit in a timely manner under this title.''; and
                            (ii) in paragraph (9)--
                                    (I) in the fourth sentence, by 
                                striking ``Such permit revision'' and 
                                inserting the following:
                            ``(iii) Treatment as renewal.--A permit 
                        revision under this paragraph'';
                                    (II) in the third sentence, by 
                                striking ``No such revision shall'' and 
                                inserting the following:
                            ``(ii) Exception.--A revision under this 
                        paragraph shall not'';
                                    (III) in the second sentence, by 
                                striking ``Such revisions'' and 
                                inserting the following:
                    ``(B) Revision requirements.--
                            ``(i) Deadline.--A revision described in 
                        subparagraph (A) or (C)'';
                                    (IV) by striking ``(9) A 
                                requirement'' and inserting the 
                                following:
            ``(9) Major sources.--
                    ``(A) In general.--Subject to subparagraph (C), a 
                requirement that''; and
                                    (V) by adding at the end the 
                                following:
                    ``(C) Certain plastics facilities.--
                            ``(i) Definition of covered facility.--In 
                        this subparagraph, the term `covered facility' 
                        has the meaning given the term in section 4(a) 
                        of the Protecting Communities from Plastics 
                        Act.
                            ``(ii) Additional requirements.--With 
                        respect to any permit or renewal of a permit, 
                        as applicable, for a major source that is a 
                        covered facility, the permitting authority 
                        shall, in determining whether to issue or renew 
                        the permit--
                                    ``(I) evaluate the potential 
                                cumulative impacts of the proposed 
                                covered facility, as described in the 
                                applicable cumulative impacts analysis 
                                submitted under section 503(b)(3);
                                    ``(II) if, due to those potential 
                                cumulative impacts, the permitting 
                                authority cannot determine that there 
                                exists a reasonable certainty of no 
                                harm to the health of the general 
                                population, or to any potentially 
                                exposed or susceptible subpopulation, 
                                of any census tracts or Tribal census 
                                tracts (as those terms are defined by 
                                the Director of the Bureau of the 
                                Census) located in, or immediately 
                                adjacent to, the area in which the 
                                covered facility is, or is proposed to 
                                be, located--
                                            ``(aa) include in the 
                                        permit or renewal such terms 
                                        and conditions (including 
                                        additional controls or 
                                        pollution prevention 
                                        requirements) as the permitting 
                                        authority determines to be 
                                        necessary to ensure a 
                                        reasonable certainty of no 
                                        harm; or
                                            ``(bb) if the permitting 
                                        authority determines that terms 
                                        and conditions described in 
                                        item (aa) would not be 
                                        sufficient to ensure a 
                                        reasonable certainty of no 
                                        harm, deny the issuance or 
                                        renewal of the permit;
                                    ``(III) determine whether the 
                                applicant is a persistent violator, 
                                based on such criteria relating to the 
                                history of compliance by an applicant 
                                with this Act as the Administrator 
                                shall establish by not later than 180 
                                days after the date of enactment of the 
                                Protecting Communities from Plastics 
                                Act;
                                    ``(IV) if the permitting authority 
                                determines under subclause (III) that 
                                the applicant is a persistent violator 
                                and the permitting authority does not 
                                deny the issuance or renewal of the 
                                permit pursuant to subclause (V)(bb)--
                                            ``(aa) require the 
                                        applicant to submit a 
                                        redemption plan that describes, 
                                        if the applicant is not in 
                                        compliance with this Act, 
                                        measures the applicant will 
                                        carry out to achieve that 
                                        compliance, together with an 
                                        approximate deadline for that 
                                        achievement, measures the 
                                        applicant will carry out, or 
                                        has carried out to ensure the 
                                        applicant will remain in 
                                        compliance with this Act, and 
                                        to mitigate the environmental 
                                        and health effects of 
                                        noncompliance, and the measures 
                                        the applicant has carried out 
                                        in preparing the redemption 
                                        plan to consult or negotiate 
                                        with the communities affected 
                                        by each persistent violation 
                                        addressed in the plan; and
                                            ``(bb) once such a 
                                        redemption plan is submitted, 
                                        determine whether the plan is 
                                        adequate to ensuring that the 
                                        applicant will achieve 
                                        compliance with this Act 
                                        expeditiously, will remain in 
                                        compliance with this Act, will 
                                        mitigate the environmental and 
                                        health effects of 
                                        noncompliance, and has 
                                        solicited and responded to 
                                        community input regarding the 
                                        redemption plan; and
                                    ``(V) deny the issuance or renewal 
                                of the permit if the permitting 
                                authority determines that--
                                            ``(aa) the redemption plan 
                                        submitted under subclause 
                                        (IV)(aa) is inadequate; or
                                            ``(bb) the applicant has 
                                        submitted a redemption plan on 
                                        a prior occasion, but continues 
                                        to be a persistent violator and 
                                        that there is no indication 
                                        exists of extremely exigent 
                                        circumstances excusing the 
                                        persistent violations.''.
                    (C) Permit applications.--Section 503(b) of the 
                Clean Air Act (42 U.S.C. 7661b(b)) is amended by adding 
                at the end the following:
    ``(3) Analyses for Certain Plastics Facilities.--The regulations 
required by section 502(b) shall include a requirement that an 
applicant for a permit or renewal of a permit for a major source that 
is a covered facility (as defined in section 4(a) of the Protecting 
Communities from Plastics Act) shall submit, together with the 
compliance plan required under this subsection, a cumulative impacts 
analysis for each census tract or Tribal census tract (as those terms 
are defined by the Director of the Bureau of the Census) located in, or 
immediately adjacent to, the area in which the major source that is a 
covered source (as so defined) is, or is proposed to be, located that 
analyzes--
            ``(A) community demographics and locations of community 
        exposure points, such as residences, schools, day care centers, 
        nursing homes, hospitals, health clinics, places of religious 
        worship, parks, playgrounds, and community centers;
            ``(B) air quality and the potential effect on that air 
        quality of emissions of air pollutants (including pollutants 
        listed under section 108 or 112) from the proposed covered 
        facility (as so defined), including in combination with 
        existing sources of pollutants;
            ``(C) the potential effects on soil quality and water 
        quality of emissions of air and water pollutants that could 
        contaminate soil or water from the proposed major source, 
        including in combination with existing sources of pollutants; 
        and
            ``(D) public health and any potential effects on public 
        health of the proposed covered facility (as so defined).''.
    (j) Financial Assurance Requirements for Covered Facilities.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall develop and 
        require as a condition to receiving a permit under the Clean 
        Air Act (42 U.S.C. 7401 et seq.) or the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.) financial assurance 
        requirements for new covered facilities that demonstrate the 
        presence of sufficient financial resources--
                    (A) to safely close the covered facility at the end 
                of the operational life of the covered facility; or
                    (B) to provide appropriate emergency response in 
                the case of an accidental release.
            (2) Application to existing covered facilities.--The 
        financial assurance requirements under paragraph (1) shall 
        apply to existing covered facilities at the time on which an 
        existing covered facility seeks renewal of a permit under the 
        Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.).
    (k) Siting Restrictions for New Covered Facilities.--The issuance 
or approval of a permit under the Clean Air Act (42 U.S.C. 7401 et 
seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.) for new covered facilities or for the expansion of existing 
covered facilities shall be prohibited within 5 miles of a community 
building or area, including a school, a residence, a day care center, a 
nursing home, a hospital, a health clinic, a place of religious 
worship, a park, a playground, and a community center.

SEC. 5. FEDERAL SOURCE REDUCTION AND REUSE TARGETS.

    (a) Definition of Source Reduction.--
            (1) In general.--In this section, the term ``source 
        reduction'' means the reduction in the quantity of single-use 
        plastic packaging and food service ware created by producers 
        relative to the baseline established pursuant to subsection 
        (b)(1) by methods that may include--
                    (A) shifting to reusable or refillable packaging or 
                food service ware systems; or
                    (B) eliminating unnecessary packaging.
            (2) Exclusions.--In this section, the term ``source 
        reduction'' does not include--
                    (A) replacing a recyclable or compostable single-
                use plastic packaging or food service ware with--
                            (i) a nonrecyclable or noncompostable 
                        single-use plastic packaging or food service 
                        ware; or
                            (ii) a single-use plastic packaging or food 
                        service ware that is less likely to be recycled 
                        or composted; or
                    (B) switching from virgin single-use plastic 
                packaging or food service ware to plastic postconsumer 
                recycled content.
    (b) Federal Source Reduction Targets.--
            (1) Baseline.--Not later than December 31, 2025, the 
        Administrator shall promulgate regulations to establish a 
        baseline quantity, by total weight and total number of items, 
        of all single-use plastic packaging and food service ware 
        produced, sold, offered for sale, imported, or distributed in 
        the United States during calendar year 2024.
            (2) Reduction targets.--
                    (A) In general.--Not later than December 31, 2027, 
                the Administrator shall promulgate regulations to 
                establish phased source reduction targets for all 
                single-use plastic packaging and food service ware 
                produced, sold, offered for sale, imported, or 
                distributed in the United States, which shall be 
                organized by product category.
                    (B) Minimum.--The phased source reduction targets 
                established under subparagraph (A) shall include a 
                source reduction target of not less than 25 percent by 
                2032.
    (c) Federal Reuse and Refill Targets.--
            (1) In general.--Not later than December 31, 2025, the 
        Administrator shall promulgate regulations to establish phased 
        reuse and refill targets for all plastic packaging and food 
        service ware produced, sold, offered for sale, imported, or 
        distributed in the United States.
            (2) Minimum.--The phased reuse and refill targets 
        established under paragraph (1) shall include reuse and refill 
        targets of not less than 30 percent by 2032.
    (d) Exclusion.--Nothing in this section applies to any single-use 
plastic used for--
            (1) medical equipment, supplements, medical devices, 
        consumer personal protective equipment, or other products 
        determined by the Secretary of Health and Human Services to 
        necessarily be made of plastic for the protection of public 
        health or for people with disabilities;
            (2) packaging that is--
                    (A) for any product described in paragraph (1) that 
                is determined by the Secretary of Health and Human 
                Services to necessarily be made of plastic for the 
                protection of public health or for people with 
                disabilities; or
                    (B) 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 Act); or
            (3) a personal hygiene product that, due to the intended 
        use of the product, could become unsafe or unsanitary to 
        recycle, such as a diaper.

SEC. 6. ADVANCING REFILLABLE AND REUSABLE SYSTEMS.

    (a) Grant Program To Support Equity and Innovation in Refillable 
and Reusable Packaging.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall establish a 
        competitive grant program (referred to in this subsection as 
        the ``program'') to provide grants to eligible entities 
        described in paragraph (3) to carry out scalable reuse and 
        refill projects in accordance with this subsection.
            (2) Objectives.--To be eligible for a grant under the 
        program, a reuse and refill project shall evaluate the efficacy 
        and cost-effectiveness of tools, technologies, and techniques 
        for 1 or more of the following objectives:
                    (A) Expanding reuse and refill programs to replace 
                single-use plastics currently used in consumer goods 
                industries, including replacement with food service and 
                consumer food and beverage products that--
                            (i) are affordable, convenient, scalable, 
                        nontoxic, and equitable; and
                            (ii) satisfy the requirements described in 
                        section 3(3)(A).
                    (B) Expanding consumer knowledge of reuse and 
                refill programs, including through the development of 
                accessible educational and outreach programs and 
                materials.
                    (C) Installing and expanding access to publicly 
                available water bottle refilling stations.
                    (D) Installing and expanding access to sanitation 
                infrastructure in public or community buildings to 
                enable safe and hygienic reuse, including dishwashers 
                and sanitation stations.
            (3) Eligible entities.--To be eligible to receive a grant 
        under the program, an entity shall be--
                    (A) an educational institution, including an 
                institution of higher education;
                    (B) a nonprofit or community-based organization;
                    (C) a State, local, or Tribal government;
                    (D) a for-profit restaurant, business, or other 
                organization; or
                    (E) a public-private partnership.
            (4) Nontoxic requirements.--Materials used as part of a 
        reuse and refill project under the program shall not contain--
                    (A) toxic heavy metals, pathogens, or additives, 
                including--
                            (i) a perfluoroalkyl or polyfluoroalkyl 
                        substance;
                            (ii) an ortho-phthalate;
                            (iii) a bisphenol compound (not including 
                        an alkyl-substituted bisphenol compound 
                        generated through a xylenol-aldehyde process); 
                        or
                            (iv) a halogenated flame retardant; or
                    (B) chemical substances designated as high-priority 
                substances under section 6(b)(1) of the Toxic 
                Substances Control Act (15 U.S.C. 2605(b)(1)), 
                including the chemicals or mixtures of chemicals 
                described in section 4(g)(3).
            (5) Priorities.--In awarding grants under the program, the 
        Administrator shall--
                    (A) give priority to projects that will directly 
                benefit populations of color, communities of color, 
                indigenous communities, rural communities, and low-
                income communities;
                    (B) give priority to a project that achieves more 
                than 1 of the objectives described in paragraph (2); 
                and
                    (C) ensure that a grant is provided to carry out a 
                project in each region of the Environmental Protection 
                Agency.
            (6) Prize competition.--
                    (A) In general.--Not later than 1 year after the 
                first round of grants is awarded under the program, the 
                Administrator shall establish a prize competition under 
                which the Administrator shall--
                            (i) evaluate the projects carried out by 
                        each recipient of a grant under the program; 
                        and
                            (ii) award a prize to 1 of those 
                        recipients.
                    (B) Amount.--The Administrator shall determine the 
                amount of the prize under this paragraph.
                    (C) Use.--The recipient of the prize under this 
                paragraph shall use the amount of the prize to 
                demonstrate that the reuse or refill project carried 
                out by the recipient under the program--
                            (i) is scalable;
                            (ii) serves the community in which the 
                        program is carried out; and
                            (iii) is implemented in a sustainable and 
                        equitable manner.
            (7) Report.--Not later than 3 years after the date on which 
        the Administrator establishes the program, the Administrator 
        shall submit to Congress a report describing the effectiveness 
        of the projects carried out under the program.
            (8) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out the 
        program.
    (b) Report on Reuse and Refill Product Delivery Systems.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and every 5 years thereafter, the 
        Administrator shall make publicly available a report on 
        feasibility and best practices relating to reuse and refill 
        within the following sectors:
                    (A) Food service, including--
                            (i) take out;
                            (ii) delivery of prepared meals; and
                            (iii) meal kits.
                    (B) Consumer food and beverage products.
                    (C) Consumer cleaning products.
                    (D) Consumer personal care products.
                    (E) Transportation or shipping of wholesale and 
                retail goods.
                    (F) Public educational institutions, including 
                institutions of higher education.
                    (G) Other sectors, as identified by the 
                Administrator.
            (2) Objectives.--The report under paragraph (1) shall 
        evaluate and summarize--
                    (A) types of reuse and refill product delivery 
                systems that can be best used at different scales;
                    (B) methods to ensure equitable distribution of 
                reuse and refill product delivery systems in 
                populations of color, communities of color, indigenous 
                communities, and low-income communities;
                    (C) job creation opportunities through the use or 
                expansion of reuse and refill systems;
                    (D) economic costs and benefits for--
                            (i) the businesses that deploy reuse and 
                        refill technologies; and
                            (ii) the parties responsible for waste 
                        collection and management;
                    (E) types of local, State, and Federal support 
                needed to expand the use of reuse and refill systems; 
                and
                    (F) existing barriers to widespread implementation 
                of reuse and refill systems.
            (3) Consideration.--In preparing the report under paragraph 
        (1), the Administrator shall consider relevant information on 
        reuse and refill programs and approaches in States, units of 
        local government, and other countries.

SEC. 7. STUDIES; AGENCY DIRECTIVES.

    (a) Definition of Microplastic.--In this section, the term 
``microplastic'' means a plastic or plastic-coated particle that is 
less than 5 millimeters in any dimension.
    (b) National Recycling Strategy.--The Administrator shall not 
expand the scope of the National Recycling Strategy of the 
Environmental Protection Agency to include facilities that treat 
plastic waste through the use of pyrolysis, gasification, or similar 
chemical recycling technologies.
    (c) Food and Drug Administration Study.--
            (1) In general.--The Commissioner of Food and Drugs, in 
        consultation with the Secretary of Agriculture and, as 
        necessary, the heads of other Federal agencies such as the 
        Director of the National Institute of Standards and Technology 
        and such other Federal agencies as the Commissioner of Food and 
        Drugs determines to be necessary, shall conduct a nationwide 
        study on the presence and sources of microplastics in food 
        (including drink) products, including food products containing 
        fish, meat, fruits, or vegetables.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Commissioner of Food and Drugs shall 
        submit to Congress and make publicly available a report on the 
        study conducted under this subsection.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out this 
        subsection.
    (d) Microplastics Pilot Program.--
            (1) Establishment.--The Administrator shall establish a 
        pilot program (referred to in this subsection as the ``pilot 
        program'') to test the efficacy and cost effectiveness of 
        tools, technologies, and techniques--
                    (A) to remove microplastics from the environment 
                without causing additional harm to the environment; and
                    (B) to prevent the release of microplastics into 
                the environment.
            (2) Requirements.--In carrying out the pilot program, the 
        Administrator shall include the testing, and analysis and 
        mitigation of any environmental impacts, of--
                    (A) natural infrastructure;
                    (B) green infrastructure (as defined in section 502 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1362)); and
                    (C) mechanical removal systems (such as pumps) and 
                filtration technologies, including a consideration of 
                potential negative ecological impacts that may result 
                from filtration in natural waterways and ocean waters.
            (3) Eligible pilot program locations.--In carrying out the 
        pilot program, the Administrator may carry out projects located 
        in--
                    (A) stormwater systems;
                    (B) wastewater treatment facilities;
                    (C) drinking water systems;
                    (D) ports, harbors, inland waterways, estuaries, 
                and marine environments; and
                    (E) roadways, highways, and other streets used for 
                vehicular travel.
            (4) Outreach.--In determining selection criteria and 
        projects to carry out under the pilot program, the 
        Administrator shall conduct outreach to--
                    (A) the Interagency Marine Debris Coordinating 
                Committee established under section 5(a) of the Marine 
                Debris Act (33 U.S.C. 1954(a)); and
                    (B) stakeholders and experts in the applicable 
                field, as determined by the Administrator.
            (5) Reports.--
                    (A) Initial report.--Not later than 180 days after 
                the date of enactment of this Act, the Administrator 
                shall submit to Congress a report describing the 
                outreach conducted under paragraph (4).
                    (B) Subsequent report.--Not later than 3 years 
                after the date on which the Administrator establishes 
                the pilot program, the Administrator shall submit to 
                Congress a report describing the effectiveness of 
                projects carried out under the pilot program.
            (6) Rulemaking required.--Not later than 1 year after the 
        date on which the Administrator submits to Congress the report 
        required under paragraph (5)(B), the Administrator shall 
        initiate a rulemaking to address abatement and mitigation of 
        microplastics in locations described in paragraph (3) using 
        technologies and methods tested under the pilot program.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out this 
        subsection.
    (e) National Institutes of Health Research.--
            (1) In general.--The Director of the National Institutes of 
        Health shall conduct or support research on the presence of 
        microplastics in the human body, which may include determining 
        how the presence of microplastics in organs and biospecimens, 
        including urine, breastmilk, and stool, impacts human health.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, and annually for the next 4 years 
        thereafter, the Director of the National Institutes of Health 
        shall submit to Congress and make publicly available a report 
        that provides an overview of the research conducted or 
        supported under this subsection and any relevant findings.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out this 
        subsection.

SEC. 8. REDUCING SINGLE-USE PLASTICS IN AGRICULTURE.

    (a) Biodegradable Weed Barriers Practice Under the Environmental 
Quality Incentives Program.--The Secretary of Agriculture shall 
designate a project to replace the use of on-farm plastic weed barriers 
and weed mitigants with nonplastic, biodegradable alternatives as an 
agricultural conservation practice or enhancement that meets the 
requirement described in section 21001(a)(1)(B)(iii) of Public Law 117-
169 (commonly referred to as the ``Inflation Reduction Act of 2022'').
    (b) Single-Use Plastic Farm Product Packaging Reduction Grants.--
Section 210A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c) 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (6) as paragraph 
                (7); and
                    (C) by inserting after paragraph (5) the following:
            ``(6) supports the reduction of single-use plastics from 
        the post-production distribution packaging of agricultural 
        producers; and'';
            (2) by redesignating subsections (f) through (i) as 
        subsections (g) through (j), respectively;
            (3) by striking ``subsection (i)'' each place it appears 
        and inserting ``subsection (j)'';
            (4) by inserting after subsection (e) the following:
    ``(f) Single-Use Plastic Farm Product Packaging Reduction Grants.--
            ``(1) In general.--The Secretary shall provide grants to 
        entities described in paragraph (3) to significantly reduce or 
        eliminate single-use plastics from the post-production 
        distribution packaging of the entities.
            ``(2) Administration.--The Secretary shall carry out this 
        subsection through the Administrator of the Agricultural 
        Marketing Service, in coordination with the Administrator of 
        the Rural Business-Cooperative Service.
            ``(3) Eligible entities.--An entity shall be eligible for a 
        grant under paragraph (1) if the entity is--
                    ``(A) an independent producer (as determined by the 
                Secretary) of a value-added agricultural product; or
                    ``(B) an agricultural producer group, farmer or 
                rancher cooperative, or majority-controlled producer-
                based business venture (as determined by the 
                Secretary).
            ``(4) Grant amount.--The amount of a grant provided under 
        paragraph (1) shall be not more than $250,000.
            ``(5) Term.--The term of a grant provided under paragraph 
        (1) shall be 3 years.
            ``(6) Priority.--In providing grants under paragraph (1), 
        the Secretary shall give priority to--
                    ``(A) beginning farmers or ranchers;
                    ``(B) veteran farmers or ranchers;
                    ``(C) organic and regenerative farmers; and
                    ``(D) socially disadvantaged farmers or ranchers.
            ``(7) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $25,000,000 for 
        each of fiscal years 2023 through 2032.''; and
            (5) in subsection (i)(1) (as so redesignated), in the 
        matter preceding subparagraph (A), by striking ``subsection 
        (i)(3)(E)'' and inserting ``subsection (j)(3)(E)''.
                                 <all>