,,ii #aafth ,,congress #b;d ,session ,s4 #cbfc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aa1 #bjbj,mr4 ,udall 7for himself1 ,mr4 ,merkley1 ,mr4 ,booker1 ,mr4 ,wyden1 ,mr4 ,blumenthal1 ,mrs4 ,feinstein1 and ,ms4 ,harris7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,solid ,waste ,disposal ,act to reduce the production and use of certain single-use plastic products and packaging1 to improve the responsibility of producers in the design1 collection1 reuse1 recycling1 and disposal of their consumer products and packaging1 to prevent pollution from consumer products and packaging from entering into animal and human food chains and waterways1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,break ,free ,from ,plastic ,pollution ,act of #bjbj4 #b4 ,producer responsibility for products and packaging 7a7 ,in general ,the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq47 is amended by adding at the end the following3 ,k ,producer ,responsibility for ,products and ,packaging #abjja4 ,definitions ,in this subtitle3 7#a7 ,advisory committee ,the term advisory committee means an advisory committee established by an ,organization under section #abajb7;c74 7#b7 ,beverage 7,a7 ,in general ,the term beverage means any drinkable liquid intended for human oral consumption1 including-- 7i7 water2 7ii7 flavored water2 7iii7 soda water2 7iv7 mineral water2 7v7 beer2 7vi7 a malt beverage2 7vii7 a carbonated soft drink2 7viii7 liquor2 7ix7 tea2 7x7 coffee2 7xi7 hard cider2 7xii7 fruit juice2 7xiii7 an energy or sports drink2 7xiv7 coconut water2 7xv7 wine2 7xvi7 a yogurt drink2 7xvii7 a probiotic drink2 7xviii7 a wine cooler2 and 7xix7 any other beverage determined to be appropriate by the ,administrator4 7,b7 ,exclusions ,the term beverage does not include-- 7i7 a drug regulated under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 7ii7 infant formula2 or 7iii7 a meal replacement liquid4 7#c7 ,beverage container 7,a7 ,in general ,the term beverage container means a prepackaged beverage container-- 7i7 made of any material1 including glass1 plastic1 metal1 and multimaterial2 and 7ii7 the volume of which is not more than #c liters4 7,b7 ,exclusion ,the term beverage container does not include a covered product of any material used to sell a prepackaged beverage1 such as-- 7i7 a carton2 7ii7 a pouch2 or 7iii7 aseptic packaging1 such as a drink box4 7,c7 ,inclusion ,notwithstanding subparagraphs 7,a7 and 7,b71 for purposes of the program under section #abajd1 the term beverage container includes a container for a beverage that is not described in those subparagraphs1 such as a carton1 pouch1 or drink box1 the responsible party for which elects to participate in the program under that section4 7#d7 ,compostable 7,a7 ,in general ,the term compostable means1 with respect to a covered product1 that the covered product-- 7i7 7,i7 meets the ,,astm ,international standard specification for compostable products numbered ,d#fdjj or ,d#fhfh-- 7aa7 as in effect on the date of enactment of this subtitle2 or 7bb7 as revised after the date of enactment of this subtitle1 if the revision is approved by the ,administrator2 and 7,,ii7 is labeled to reflect that the covered product meets a standard described in subclause 7,i72 7ii7 is certified as a compostable product by an independent party that is approved by the ,administrator2 or 7iii7 comprises only-- 7,i7 wood without any coatings1 additives1 or toxic substances2 or 7,,ii7 fiber without any coatings1 additives1 or toxic substances4 7,b7 ,exclusion ,the term compostable shall not apply to paper4 7#e7 ,covered entity ,the term covered entity means a single family or multifamily dwelling or publicly owned land 7such as a sidewalk1 plaza1 and park7 for which a recycling collection service is provided4 7#f7 ,covered product 7,a7 ,in general ,the term covered product means1 regardless of recyclability1 compostability1 and material type-- 7i7 packaging2 7ii7 a food service product2 7iii7 paper2 7iv7 a single-use product that is not subject to the prohibition under section #abbjb7;c72 and 7v7 a container for a beverage that is not described in subparagraphs 7,a7 and 7,b7 of paragraph 7#c71 such as a carton1 pouch1 or aseptic packaging1 such as a drink box1 the responsible party for which does not elect to participate in the program under section #abajd4 7,b7 ,exclusion ,the term covered product does not include a beverage container4 7#g7 ,covered retail or service establishment ,the term covered retail or service establishment means a store1 grocery store1 restaurant1 beverage provider1 vendor1 hotel1 motel1 or other retail or service establishment operating in the ,united ,states4 7#h7 ,food service product ,the term food service product means an item intended to deliver a food product1 regardless of the recyclability or compostability of the item1 including-- 7,a7 a utensil2 7,b7 a straw2 7,c7 a drink cup2 7,d7 a drink lid2 7,e7 a food package2 7,f7 a food container2 7,g7 a plate2 7,h7 a bowl2 7,i7 a meat tray2 and 7,j7 a food wrap4 7#i7 ,organization ,the term ,organization means a ,producer ,responsibility ,organization established under section #abajb7;a77#a74 7#aj7 ,packaging 7,a7 ,in general ,the term packaging means-- 7i7 any package or container1 regardless of recyclability or compostability2 and 7ii7 any part of a package or container1 regardless of recyclability or compostability1 that includes material that is used for the containment1 protection1 handling1 delivery1 and presentation of goods that are sold1 offered for sale1 or distributed to consumers in the ,united ,states1 including through an internet transaction4 7,b7 ,inclusions ,the term packaging includes-- 7i7 packaging intended for the consumer market2 7ii7 service packaging designed and intended to be used or filled at the point of sale1 such as carry-out bags1 bulk good bags1 take-out bags1 and home delivery food service packaging2 7iii7 secondary packaging used to group products for multiunit sale2 7iv7 tertiary packaging used for transportation or distribution directly to a consumer2 and 7v7 ancillary elements hung or attached to a product and performing a packaging function4 7,c7 ,exclusion ,the term packaging does not include packaging-- 7i7 used for the long-term protection or storage of a product2 and 7ii7 with a life of not less than #e years4 7#aa7 ,paper 7,a7 ,in general ,the term paper means paper that is sold1 offered for sale1 delivered1 or distributed to a consumer or business in the ,united ,states4 7,b7 ,inclusions ,the term paper includes-- 7i7 newsprint and inserts2 7ii7 magazines and catalogs2 7iii7 direct mail2 7iv7 office paper2 and 7v7 telephone directories4 7,c7 ,exclusions ,the term paper does not include-- 7i7 a paper product that1 due to the intended use of the paper product1 could become unsafe or unsanitary to recycle2 or 7ii7 a bound book4 7#ab7 ,plan ,the term ,plan means a ,product ,stewardship ,plan described in section #abaje4 7#ac7 ,program ,the term ,program means a ,product ,stewardship ,program established under section #abajb7;a77#b74 7#ad7 ,recyclable ,the term recyclable means1 with respect to a covered product or beverage container1 that-- 7,a7 the covered product or beverage container is economically and technically recyclable in current ,united ,states market conditions2 7,b7 ,united ,states processing capacity is in operation to recycle1 with the geographical distribution of the capacity aligned with the population of geographical regions of the ,united ,states1 of the total quantity of the covered product or beverage container-- 7i7 for each of calendar years #bjbj through #bjbd1 not less than #be percent2 7ii7 for each of calendar years #bjbe through #bjbi1 not less than #ce percent2 7iii7 for each of calendar years #bjcj through #bjcd1 not less than #ej percent2 and 7iv7 for calendar year #bjce and each calendar year thereafter1 not less than #fj percent2 and 7,c7 the consumer that uses the covered product or beverage container is not required to remove an attached component of the covered product or beverage container1 such as a shrink sleeve1 label1 or filter1 before the covered product or beverage container can be recycled4 7#ae7 ,recycle 7,a7 ,in general ,the term recycle means the series of activities by which a covered product is-- 7i7 collected1 sorted1 and processed2 and 7ii7 7,i7 converted into a raw material with minimal loss of material quality2 7,,ii7 used in the production of a new product1 including the original product2 or 7,,iii7 in the case of composting or organic recycling1 productively used for soil improvement4 7,b7 ,exclusion ,the term recycle does not include-- 7i7 the method of sorting1 processing1 and aggregating materials from solid waste that does not preserve the original material quality1 and1 as a result1 the aggregated material is no longer usable for its initial purpose or product and can only be used for inferior purposes or products 7commonly referred to as downcycling72 7ii7 the use of waste-- 7,i7 as a fuel or fuel substitute2 7,,ii7 for energy production2 7,,iii7 for alternate operating cover2 or 7,,iv7 within the footprint of a landfill2 or 7iii7 the conversion of waste into alternative products1 such as chemicals1 feedstocks1 fuels1 and energy1 through-- 7,i7 pyrolysis2 7,,ii7 hydropyrolysis2 7,,iii7 methanolysis2 7,,iv7 gasification2 7,v7 enzymatic breakdown2 or 7,,vi7 a similar technology1 as determined by the ,administrator4 7#af7 ,responsible party 7,a7 ,beverage containers 7i7 ,in general ,with respect to a beverage sold in a beverage container1 the term responsible party means-- 7,i7 a person that engages in the distribution or sale of the beverage in a beverage container to a retailer in the ,united ,states1 including any manufacturer that engages in that sale or distribution2 7,,ii7 if subclause 7,i7 does not apply1 a person that engages in the sale of the beverage in a beverage container directly to a consumer in the ,united ,states2 or 7,,iii7 if subclauses 7,i7 and 7,,ii7 do not apply1 a person that imports the beverage sold in a beverage container into the ,united ,states for use in a commercial enterprise1 sale1 offer for sale1 or distribution in the ,united ,states4 7ii7 ,related definitions ,in this subparagraph3 7,i7 ,distributor ,the term distributor means a person that engages in the sale of beverages in beverage containers to a retailer in the ,united ,states4 7,,ii7 ,manufacturer ,the term manufacturer means a person bottling1 canning1 or otherwise filling beverage containers for sale to distributors1 importers1 or retailers4 7,,iii7 ,retailer 7aa7 ,in general ,the term retailer means a person in the ,united ,states that-- 7,,aa7 engages in the sale of beverages in beverage containers to a consumer2 or 7,,bb7 provides beverages in beverage containers to a person in commerce1 including provision free of charge1 such as at a workplace or event4 7bb7 ,inclusion ,the term retailer includes a person that engages in the sale of or provides beverages in beverage containers1 as described in item 7aa71 through a vending machine or similar means4 7,b7 ,covered products ,with respect to a covered product1 the term responsible party means-- 7i7 a person that manufactures and uses in a commercial enterprise1 sells1 offers for sale1 or distributes the covered product in the ,united ,states under the brand of the manufacturer2 7ii7 if clause 7i7 does not apply1 a person that is not the manufacturer of the covered product but is the owner or licensee of a trademark under which the covered product is used in a commercial enterprise1 sold1 offered for sale1 or distributed in the ,united ,states1 whether or not the trademark is registered2 or 7iii7 if clauses 7i7 and 7ii7 do not apply1 a person that imports the covered product into the ,united ,states for use in a commercial enterprise1 sale1 offer for sale1 or distribution in the ,united ,states4 7#ag7 ,restaurant 7,a7 ,in general ,the term restaurant means an establishment the primary business of which is the preparation of food or beverage-- 7i7 for consumption by the public2 7ii7 in a form or quantity that is consumable immediately at the establishment1 whether or not the food or beverage is consumed within the confines of the place where the food or beverage is prepared2 or 7iii7 in a consumable form for consumption outside the place where the food or beverage is prepared4 7,b7 ,inclusion ,the term restaurant includes a fast food restaurant4 7#ah7 ,reusable ,the term reusable means1 with respect to a covered product or beverage container1 that the covered product or beverage container is-- 7,a7 technically feasible to reuse or refill in ,united ,states market conditions2 and 7,b7 reusable or refillable for such number of cycles1 but not less than #ajj cycles1 as the ,administrator determines to be appropriate for the covered product or beverage container4 7#ai7 ,single-use product 7,a7 ,in general ,the term single-use product means a consumer product that is routinely disposed of1 recycled1 or otherwise discarded after a single use4 7,b7 ,exclusions ,the term single-use product does not include-- 7i7 medical food1 supplements1 devices1 or other products determined by the ,secretary of ,health and ,human ,services to necessarily be made of plastic for the protection of public health2 7ii7 a personal hygiene product that1 due to the intended use of the product1 could become unsafe or unsanitary to recycle1 such as a diaper2 or 7iii7 packaging that is-- 7,i7 for any product described in clause 7i72 or 7,,ii7 used for the shipment of hazardous materials that is prohibited from being composed of used materials under section #agh4eji or #agh4ebb of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subtitle74 7#bj7 ,toxic substance 7,a7 ,in general ,the term toxic substance means any substance1 mixture1 or compound that may cause personal injury or disease to humans through ingestion1 inhalation1 or absorption through any body surface and satisfies one or more of the following conditions3 7i7 ,the substance1 mixture1 or compound is subject to reporting requirements under-- 7,i7 the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq472 7,,ii7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 or 7,,iii7 section #aab7r7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7r774 7ii7 ,testing has produced evidence recognized by the ,national ,institute for ,occupational ,safety and ,health or the ,environmental ,protection ,agency that the substance1 mixture1 or compound poses acute or chronic health hazards4 7iii7 ,the ,administrator or the ,secretary of ,health and ,human ,services has issued a public health advisory for the substance1 mixture1 or compound4 7iv7 ,exposure to the substance1 mixture1 or compound is shown by expert testimony recognized by the ,environmental ,protection ,agency to increase the risk of developing a latent disease4 7v7 ,the substance1 mixture1 or compound is a perfluoroalkyl or polyfluoroalkyl substance4 7,b7 ,exclusions ,the term toxic substance does not include-- 7i7 a pesticide applied-- 7,i7 in accordance with ,federal1 ,state1 and local laws 7including regulations72 and 7,,ii7 in accordance with the instructions of the manufacturer of the pesticide2 or 7ii7 ammunition1 a component of ammunition1 a firearm1 an air rifle1 discharge of a firearm or an air rifle1 hunting or fishing equipment1 or a component of hunting or fishing equipment4 7#ba7 ,united ,states ,the term ,united ,states1 when used in a geographical sense1 means all of the ,states4 7#bb7 ,utensil 7,a7 ,in general ,the term utensil means a product designed to be used by a consumer to facilitate the consumption of a food or beverage4 7,b7 ,inclusions ,the term utensil includes a knife1 a fork1 a spoon1 a spork1 a cocktail pick1 a chopstick1 a splash stick1 and a stirrer4 ,i ,products in the ,marketplace #abaja4 ,extended producer responsibility 7a7 ,in general ,except as provided in subsection 7b71 beginning on ,february #a1 #bjbc1 each responsible party for any covered product or beverage sold in a beverage container that is sold1 distributed1 or imported into the ,united ,states shall-- 7#a7 participate as a member of an ,organization for which a ,plan is approved by the ,administrator2 and 7#b7 through that participation1 satisfy the performance targets under section #abaje7;g74 7b7 ,exemptions ,a responsible party for a covered product or beverage sold in a beverage container1 including a responsible party that operates as a single point of retail sale and is not supplied by1 or operated as part of1 a franchise1 shall not be subject to this part if the responsible party-- 7#a7 7,a7 for fiscal year #bjba1 has an annual revenue of less than #a1jjj1jjj2 and 7,b7 for fiscal year #bjbb and each subsequent fiscal year1 has an annual revenue of less than the applicable amount during the preceding fiscal year1 as adjusted to reflect changes for the #ab-month period ending on the preceding ,november #cj in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor2 or 7#b7 is the responsible party for less than #a ton of covered products or beverage containers in commerce each year4 7c7 ,enforcement 7#a7 ,prohibition ,it shall be unlawful for any person that is a responsible party for a covered product or beverage sold in a beverage container to sell1 use1 or distribute any covered product or beverage sold in a beverage container in commerce except in compliance with this part4 7#b7 ,civil penalty ,any person that violates paragraph 7#a7 shall be subject to a fine for each violation and for each day that the violation occurs in an amount of not more than #gj1aag4 7#c7 ,injunctive relief ,the ,administrator may bring a civil action to enjoin the sale1 distribution1 or importation into the ,united ,states of a covered product or beverage sold in a beverage container in violation of this part4 7#d7 ,state enforcement ,the ,administrator may permit a ,state to carry out enforcement under paragraph 7#b7 or 7#c7 if the ,administrator determines that the ,state meets such requirements as the ,administrator may establish4 7d7 ,inapplicability of the antitrust laws ,the antitrust laws1 as defined in the first section of the ,clayton ,act 7#ae ,u4,s4,c4 #ab71 shall not apply to a responsible party or ,organization that carries out activities in accordance with an approved ,plan if the conduct is necessary to plan and implement the ,plan4 #abajb4 ,producer ,responsibility ,organizations 7a7 ,in general 7#a7 ,establishment ,to satisfy the requirement under section #abaja7;a77#a71 one or more responsible parties for a category of covered product or beverage sold in a beverage container shall establish a ,producer ,responsibility ,organization that shall act as an agent and on behalf of each responsible party to carry out the responsibilities of the responsible party under this part with respect to that category of covered product or beverage sold in a beverage container4 7#b7 ,program ,an ,organization shall establish a ,product ,stewardship ,program to carry out the responsibilities of the ,organization under this part4 7#c7 ,coordination ,if more than #a ,organization is established under paragraph 7#a7 with respect to a category of covered product or beverage sold in a beverage container1 the ,administrator shall-- 7,a7 coordinate and manage those ,organizations2 or 7,b7 establish an entity-- 7i7 to carry out subparagraph 7,a72 and 7ii7 to conduct business between those ,organizations and ,state and local governments4 7#d7 ,multiple ,organizations ,a responsible party-- 7,a7 may participate in more than #a ,organization if each ,organization is established for a different category of covered products or beverages sold in beverage containers2 and 7,b7 may participate in-- 7i7 only #a national ,organization with respect to-- 7,i7 each category of covered products2 or 7,,ii7 beverages sold in beverage containers2 or 7ii7 only #a regional ,organization with respect to beverages sold in beverage containers and each category of covered products for each region in which the covered products or beverages sold in beverage containers produced by the responsible party are sold4 7#e7 ,nonprofit status ,an ,organization shall be established and operated as an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code4 7#f7 ,categories ,the ,administrator1 in consultation with ,organizations1 shall promulgate regulations to establish categories of covered products and beverages sold in beverage containers for purposes of this part4 7b7 ,participation fees 7#a7 ,in general ,subject to paragraph 7#e71 an ,organization shall charge each responsible party a fee for membership in the ,organization in accordance with this subsection4 7#b7 ,components ,a fee charged to a responsible party under paragraph 7#a7 shall include-- 7,a7 costs of management and cleanup in accordance with paragraph 7#c72 and 7,b7 administrative costs in accordance with paragraph 7#d74 7#c7 ,management and cleanup costs 7,a7 ,in general ,a fee under paragraph 7#a7 shall include1 with respect to a responsible party1 the costs of management 7which shall include collecting1 transporting1 processing1 recycling1 and composting7 or cleaning up the covered products or beverage containers of the responsible party after consumer use through the applicable ,program1 including administrative costs4 7,b7 ,considerations ,in determining the costs of management and cleanup described in subparagraph 7,a7 with respect to a responsible party1 an ,organization shall1 at a minimum1 take into account-- 7i7 the cost to properly manage the applicable category of covered product or beverage container waste2 7ii7 the cost to assist in cleaning up the covered product or beverage container waste of the responsible party from-- 7,i7 public places2 7,,ii7 freshwater and marine environments1 to the extent that cleanup can be accomplished without harming the existing marine life and intact ecosystems2 and 7,,iii7 materials in compost facilities or other facilities handling organic wastes2 7iii7 to the extent that cleanup of the covered products or beverage containers from freshwater and marine environments cannot be accomplished without harming the existing freshwater and marine life and intact ecosystems1 the cost of other appropriate mitigation measures2 7iv7 the higher cost of managing covered products that-- 7,i7 bond materials together1 making the covered product more difficult to recycle1 such as plastic bonded with paper or metal2 7,,ii7 would typically be recyclable or compostable1 but1 as a consequence of the design of the covered product1 has the effect of disrupting recycling or composting processes2 7,,iii7 includes labels1 inks1 liners1 and adhesives containing heavy metals or other toxic substances2 or 7,,iv7 cannot be mechanically recycled2 7v7 the lower cost of managing-- 7,i7 beverage containers that have-- 7aa7 nondetachable caps2 or 7bb7 other innovations and design characteristics to prevent littering2 and 7,,ii7 contact containers and other covered products that-- 7aa7 are specifically designed to be reusable or refillable2 and 7bb7 have a high reuse or refill rate2 7vi7 covered products with lower environmental impacts1 including-- 7,i7 covered products that are made of-- 7aa7 sustainable or renewably sourced materials2 or 7bb7 at least #ij percent by weight of any combination of-- 7,,aa7 postconsumer recycled content2 or 7,,bb7 materials derived from land or freshwater or marine environment litter2 and 7,,ii7 compostable covered products that-- 7aa7 have direct contact with food2 or 7bb7 help divert food waste from a landfill2 and 7vii7 the percentage of postconsumer recycled content verified by an independent party designated by the ,administrator that exceeds the minimum requirements established under section #abcjb in the packaging1 if the recycled content does not disrupt the potential for future recycling4 7#d7 ,administrative costs 7,a7 ,in general ,a fee under paragraph 7#a7 shall include-- 7i7 the administrative costs to the ,organization of carrying out the ,program2 7ii7 the cost to the ,administrator of administering this part with respect to the applicable ,organization1 including-- 7,i7 oversight1 including annual oversight2 7,,ii7 issuance of any rules2 7,,iii7 planning2 7,,iv7 ,plan review2 7,v7 compliance2 7,,vi7 outreach and education2 7,,vii7 enforcement2 7,,viii7 sufficient staff positions to administer this part2 and 7,,ix7 other activities directly related to the activities described in subclauses 7,i7 through 7,,viii72 and 7iii7 the cost to a ,state for carrying out enforcement with respect to the applicable ,organization4 7,b7 ,consideration ,in determining the fee for a responsible party under subparagraph 7,a71 an ,organization shall consider the company size and annual revenue of the responsible party4 7,c7 ,reimbursement ,an ,organization shall reimburse-- 7i7 the ,administrator for costs described subparagraph 7,a77ii7 incurred by the ,administrator2 and 7ii7 a ,state for costs described in subparagraph 7,a77iii7 incurred by the ,state4 7#e7 ,approval 7,a7 ,in general ,before an ,organization may charge a fee or revise the amount of a fee to be charged under paragraph 7#a7-- 7i7 the ,organization shall submit to the ,administrator the fee structure and the methodology for determining that fee structure2 and 7ii7 7,i7 the ,organization shall receive notification of approval of the fee structure under subparagraph 7,b77ii72 or 7,,ii7 the fee structure shall be considered approved under subparagraph 7,c74 7,b7 ,approval ,not later than #fj days after receipt of a fee structure under subparagraph 7,a77i71 the ,administrator shall-- 7i7 7,i7 approve the fee structure if the ,administrator determines that the fee structure is in accordance with this subsection2 or 7,,ii7 deny the fee structure if the ,administrator determines that the fee structure is not in accordance with this subsection2 and 7ii7 notify the ,organization of the determination under clause 7i74 7,c7 ,failure to meet deadline ,if the ,administrator does not make a determination under clause 7i7 of subparagraph 7,b7 by the date required under that subparagraph1 the fee structure shall be considered to be approved4 7c7 ,advisory committees 7#a7 ,in general ,an ,organization shall establish an advisory committee that represents a range of interested and engaged persons relevant to the category of covered products or beverages sold in beverage containers of the applicable ,program1 including-- 7,a7 collection providers2 7,b7 cleanup service providers2 7,c7 recyclers2 and 7,d7 composters4 7#b7 ,composition 7,a7 ,in general ,at a minimum1 an advisory committee shall include individuals representing each of-- 7i7 responsible parties1 such as a trade association2 7ii7 ,states2 7iii7 cities1 including-- 7,i7 small and large cities2 and 7,,ii7 cities located in urban and rural counties2 7iv7 counties1 including-- 7,i7 small and large counties2 and 7,,ii7 urban and rural counties2 7v7 public sector recycling1 composting1 and solid waste industries for the applicable type of product or packaging2 7vi7 private sector recycling1 composting1 and solid waste industries for the applicable type of product or packaging2 7vii7 recycled feedstock users for the applicable type of product or packaging2 7viii7 public place litter programs2 7ix7 freshwater and marine litter programs2 7x7 environmental organizations2 7xi7 disability advocates2 7xii7 ,indian ,tribes2 and 7xiii7 environmental and human health scientists4 7,b7 ,requirements 7i7 ,in general ,each individual serving on an advisory committee may represent only #a category described in clauses 7i7 through 7xiii7 of subparagraph 7,a74 7ii7 ,disproportionate representation ,an ,organization shall ensure that no category described in clauses 7i7 through 7xiii7 of subparagraph 7,a7 has disproportionate representation on an advisory committee4 7#c7 ,public comment ,each year1 an ,organization shall provide a process to receive comments from additional stakeholders and community members1 which to the maximum extent practicable shall include diverse ethnic populations4 7#d7 ,expenses 7,a7 ,in general ,an ,organization shall reimburse representatives of community groups1 ,indian ,tribes1 ,state and local governments1 and nonprofit organizations for expenses related to participating on the advisory committee4 7,b7 ,other members ,other members of the advisory committee may be compensated for travel expenses as needed to ensure the ability of those members to participate on the advisory committee4 7#e7 ,duties ,an ,organization shall-- 7,a7 hold an advisory committee meeting at least once per year2 7,b7 request and consider comments from the advisory committee of the ,organization prior to the submission to the ,administrator of a ,plan or any revisions to a ,plan2 7,c7 report comments of the advisory committee to the ,administrator as an appendix to any revisions to a ,plan submitted to the ,administrator2 and 7,d7 include a summary of advisory committee engagement and input in the report under section #abajg4 #abajc4 ,covered product management 7a7 ,in general ,in carrying out a ,program1 a responsible party1 acting through an ,organization1 shall-- 7#a7 meet the performance targets under the applicable ,plan1 as described in section #abaje7;g7-- 7,a7 in the case of covered products1 by providing for the collection of covered products in accordance with subsection 7b72 or 7,b7 in the case of beverage containers1 by carrying out the responsibilities under section #abajd7;e72 and 7#b7 in accordance with subsection 7c71 provide for the cleanup of covered products or beverage containers that become litter4 7b7 ,collection 7#a7 ,in general ,a ,program shall provide widespread1 convenient1 and equitable access to opportunities for the collection of covered products in accordance with this subsection4 7#b7 ,convenience 7,a7 ,in general ,subject to subparagraph 7,b71 collection opportunities described in paragraph 7#a7 shall-- 7i7 be provided throughout each ,state1 ,tribal land1 and territory in which the applicable covered product is sold1 including in rural and island communities2 7ii7 be as convenient as trash collection in the applicable area2 and 7iii7 in a case in which collection of the applicable covered product by curbside collection is not practicable1 be1 as determined by the ,administrator1 and in the case of a city with a population of #gej1jjj or more residents1 subject to the approval of the city1 available for not less than #ie percent of the population of the applicable area within-- 7,i7 in the case of an urban area1 a #aj-minute drive2 or 7,,ii7 in the case of a rural area1 the longer of-- 7aa7 a #de-minute drive2 and 7bb7 the time to drive to the nearest rural service center4 7,b7 ,waiver ,the ,administrator may waive the requirement under subparagraph 7,a7 after-- 7i7 consultation with the advisory committee of the applicable ,organization and other appropriate stakeholders2 and 7ii7 approval by the unit of local government with jurisdiction over the applicable area4 7#c7 ,methods 7,a7 ,curbside or multifamily collection ,with respect to a geographic area described in paragraph 7#b77;,a71 an ,organization shall1 at a minimum1 provide the opportunity for the collection of the applicable covered product through a curbside or multifamily recycling collection service1 if-- 7i7 the category of covered product-- 7,i7 is suitable for curbside or multifamily recycling collection2 and 7,,ii7 can be effectively sorted by facilities receiving the covered product after collection2 and 7ii7 the provider of the service agrees-- 7,i7 to accept the category of covered product2 and 7,,ii7 to a compensation agreement described in subparagraph 7,c74 7,b7 ,other methods ,in addition to the method described in subparagraph 7,a71 an ,organization may comply with the requirement under paragraph 7#a7 by-- 7i7 entering into an agreement with-- 7,i7 an entity that carries out a program through which consumers may drop off the covered product at a designated location 7commonly known as a depot drop-off program72 or 7,,ii7 a retailer that accepts the covered product from consumers 7commonly known as retailer take-back72 or 7ii7 such other means as the ,organization determines to be appropriate1 including by establishing a collection program or service1 including a program or service that provides collection from public spaces4 7,c7 ,compensation agreements 7i7 ,in general ,an ,organization may comply with this subsection by entering into an agreement with a governmental or private entity under which the ,organization compensates the entity for the collection of covered products4 7ii7 ,requirement ,as part of a compensation agreement under clause 7i71 an ,organization shall offer to provide reimbursement of not less than #ajj percent of the cost to the entity of managing the covered products1 including1 as applicable1 administrative costs1 sorting1 and reprocessing4 7#d7 ,managing collected covered products ,in carrying out this subsection1 an ,organization shall-- 7,a7 ensure that-- 7i7 the collection means and systems used direct the covered product waste to-- 7,i7 facilities that are effective in sorting and reprocessing covered product waste prior to shipment in a form ready for remanufacture into new products2 or 7,,ii7 other facilities that the ,administrator determines appropriately manage the covered product waste2 7ii7 covered products are managed in an environmentally sound and socially just manner at reprocessing1 disposal1 or other facilities operating with human health and environmental protection standards that are broadly equivalent to the standards required in-- 7,i7 the ,united ,states2 or 7,,ii7 other countries that are members of the ,organization for ,economic ,cooperation and ,development2 and 7iii7 the ,program includes measures to track1 verify1 and publicly report that covered products are managed responsibly and not reexported to other countries2 and 7,b7 take measures-- 7i7 to promote high-quality recycling that retains material quality2 7ii7 to meet the necessary quality standards for the relevant facilities that manufacture new products from the collected1 sorted1 and reprocessed materials2 and 7iii7 to prioritize the recycling of products and packaging into uses that achieve the greatest environmental benefits from displacing the use of virgin materials4 7#e7 ,costs ,a responsible party or an ,organization may not charge a covered entity any amount for the cost of carrying out this subsection4 7#f7 ,effect ,nothing in this subsection-- 7,a7 requires a governmental entity to provide for the collection of covered products2 or 7,b7 prohibits a governmental entity from providing for the collection of covered products4 7c7 ,cleanup2 reduction in waste ,a ,program shall-- 7#a7 provide funding to1 and coordinate with1 entities that collect covered product or beverage container litter from public places or freshwater or marine environments in the ,united ,states1 including ,tribal land and territories2 and 7#b7 coordinate product design and ,program innovations to reduce covered product or beverage container waste4 7d7 ,minimum funding requirements 7#a7 ,in general ,of ,program expenditures for a fiscal year1 an ,organization shall ensure that-- 7,a7 7i7 for the #aj-year period beginning on the date on which the ,organization is established1 not less than #ej percent is used for the improvement and development of new market1 recycling1 or composting infrastructure in the ,united ,states1 which may include installing or upgrading equipment at existing sorting and reprocessing facilities-- 7,i7 to improve sorting of covered product waste2 or 7,,ii7 to mitigate the impacts of covered product waste to other commodities2 and 7ii7 for each year thereafter1 such percentage as the ,administrator may establish1 but not less than #aj percent1 is used for the purposes described in clause 7i72 and 7,b7 not less than #aj percent is used for-- 7i7 cleanup activities under subsection 7c77#a72 and 7ii7 the removal of covered product or beverage container contaminants at compost facilities and other facilities that manage organic materials4 7#b7 ,determination of expenditures ,for purposes of carrying out paragraph 7#a71 ,program expenditures for a fiscal year shall be based on-- 7,a7 in the case of the first fiscal year of the ,program1 budgeted expenditures for the fiscal year2 and 7,b7 in the case of each fiscal year thereafter1 ,program expenditures for the previous fiscal year4 #abajd4 ,national beverage container program 7a7 ,responsibilities of responsible parties 7#a7 ,in general ,each responsible party for beverages sold in beverage containers shall-- 7,a7 charge to a retailer to which the beverage in a beverage container is delivered a deposit in the amount of the applicable refund value described in subsection 7c7 on delivery2 and 7,b7 on receipt of an empty beverage container from a retailer1 pay to the retailer a refund in the amount of the applicable refund value described in subsection 7c74 7#b7 ,use of deposits from unredeemed beverage containers ,a responsible party shall use any amounts received as deposits under paragraph 7#a77;,a7 for which an empty beverage container is not returned to the ,organization responsible for the material of the beverage container for investment in collection1 recycling1 and reuse infrastructure4 7b7 ,responsibilities of retailers 7#a7 ,in general ,except as provided in paragraph 7#b71 each retailer of beverages in beverage containers shall-- 7,a7 charge to the customer to which the beverage in a beverage container is sold a deposit in the amount of the applicable refund value described in subsection 7c7 on the sale2 7,b7 on receipt of an empty beverage container from a customer1 pay to the customer a refund in the amount of the applicable refund value described in subsection 7c72 7,c7 accept a beverage container and pay a refund under subparagraph 7,b7-- 7i7 during any period that the retailer is open for business2 and 7ii7 regardless of whether the specific beverage container was sold by the retailer2 and 7,d7 in the case of a retailer that is equal to or greater than #e1jjj square feet1 accept any brand and size of beverage container and pay a refund under subparagraph 7,b7 for the beverage container1 regardless of whether the retailer sells that brand or size of beverage container4 7#b7 ,exceptions 7,a7 ,dirty or damaged ,a retailer described in paragraph 7#a7 may refuse to accept a beverage container and pay a refund under paragraph 7#a77;,b7 if the beverage container-- 7i7 visibly contains or is contaminated by a substance other than-- 7,i7 water2 7,,ii7 residue of the original contents2 or 7,,iii7 ordinary dust2 or 7ii7 is so damaged that the brand or refund label appearing on the container cannot be identified4 7,b7 ,container limitation 7i7 ,large retailers ,a retailer described in paragraph 7#a7 that is equal to or greater than #e1jjj square feet may refuse to accept1 and pay a refund under paragraph 7#a77;,b7 for1 more than #bej beverage containers per person per day4 7ii7 ,small retailers ,a retailer described in paragraph 7#a7 that is less than #e1jjj square feet may refuse to accept1 and pay a refund under paragraph 7#a77;,b7 for1 more than #ej beverage containers per person per day4 7,c7 ,brand and size ,a retailer described in paragraph 7#a7 that is less than #e1jjj square feet may refuse to accept1 and pay a refund under paragraph 7#a77;,b7 for1 a brand or size of beverage container that the retailer does not sell4 7,d7 ,restaurants ,a retailer described in paragraph 7#a7 that is a restaurant may refuse to accept1 and pay a refund under paragraph 7#a77;,b7 for1 a beverage container that the restaurant did not sell4 7,e7 ,other means of return ,the ,administrator may permit the establishment of convenience zones1 under which a retailer within a convenience zone is exempt from this subsection if the ,administrator determines that the retailer-- 7i7 is located within close proximity to a redemption center established under subsection 7e77#b72 and 7ii7 shares in the cost of the operation of that redemption center with the responsible party4 7c7 ,applicable refund value 7#a7 ,in general ,the amount of the refund value referred to in subsections 7a7 and 7b7 shall be not less than #aj cents4 7#b7 ,adjustments ,beginning on the date that is #c years after the date of enactment of this part1 the ,administrator may increase the minimum refund value under paragraph 7#a7 to account for-- 7,a7 inflation2 and 7,b7 other factors1 such as a failure to meet performance targets described in section #abaje7;g74 7#c7 ,discretionary increases ,a responsible party1 with respect to a covered product or beverage container1 or a ,state may require a refund value that is more than the minimum refund value under paragraph 7#a74 7d7 ,labeling ,any manufacturer1 importer1 or distributor of a beverage in a beverage container that is sold in the ,united ,states shall include on the label of the beverage container a standardized description of the applicable refund value in such a manner that the description is clearly visible4 7e7 ,responsibilities of ,organizations 7#a7 ,collection and storage ,an ,organization of responsible parties for beverages sold in beverage containers shall facilitate collection and storage of beverage containers that are returned to retailers under this section by providing storage or other means to collect the beverage containers until collection for recycling1 such as reverse vending or other convenient options for consumers4 7#b7 ,redemption centers 7,a7 ,in general ,an ,organization of responsible parties for beverages sold in beverage containers shall establish and operate facilities to accept beverage containers from consumers4 7,b7 ,requirements ,a facility established under subparagraph 7,a7 shall-- 7i7 be staffed and available to the public-- 7,i7 each day other than a ,federal or local holiday2 and 7,,ii7 not less than #aj hours each day2 7ii7 accept-- 7,i7 any beverage container2 and 7,,ii7 not less than #cej beverage containers per person per day2 and 7iii7 provide-- 7,i7 hand or automated counts conducted by staff of the facility2 7,,ii7 a drop door for consumers to drop off bags of mixed beverage containers for staff of the facility to count1 for which the facility may collect a convenience fee2 or 7,,iii7 any other convenient means of receiving and counting beverage containers1 as determined by the ,administrator4 7#c7 ,curbside collection ,an ,organization may pay an entity that collects curbside recycling the value of the applicable refund value under subsection 7c7 for beverage containers collected1 based on weight or another measurement that approximates the amount of the refunds1 as negotiated by the ,organization and the entity4 7f7 ,excluded ,states 7#a7 ,definition of eligible ,state ,in this subsection1 the term eligible ,state means a ,state that-- 7,a7 has in effect a beverage container law before the date of enactment of this subtitle2 and 7,b7 enacts legislation after the date of enactment of this part to update the beverage container law described in subparagraph 7,a7 to be consistent with the refund value amounts under1 and beverage containers covered by1 this part4 7#b7 ,compliance with ,state law ,in the case of an eligible ,state1 compliance with the law of the eligible ,state by a distributor1 retailer1 manufacturer1 importer1 or ,organization shall be considered to be compliance with this section4 7#c7 ,conformity ,an eligible ,state is encouraged to negotiate with relevant ,organizations on updated features of the beverage container law of the eligible ,state1 such as sharing new revenue from increased deposits4 #abaje4 ,product ,stewardship ,plans 7a7 ,in general ,not later than ,february #a1 #bjbb1 each ,organization shall submit to the ,administrator a ,product ,stewardship ,plan that describes how the ,organization will carry out the responsibilities of the ,organization under this part4 7b7 ,contents ,each ,plan shall contain1 at a minimum-- 7#a7 contact information for the ,organization submitting the ,plan2 7#b7 a list of participating responsible parties and brands covered by the applicable ,program1 including organization structure for each responsible party2 and 7#c7 a description of-- 7,a7 each category of covered product or beverage sold in a beverage container covered by the ,plan2 7,b7 funding for the ,organization1 including how fees will be structured and collected in accordance with section #abajb7;b77#e72 7,c7 performance targets under subsection 7g72 7,d7 the means by which each type of covered product or beverage container will be collected in accordance with section #abajc or #abajd1 as applicable1 to meet-- 7i7 the consumer convenience and geographic coverage standards for collection under this part2 and 7ii7 the performance targets under subsection 7g72 7,e7 consumer education plans in accordance with section #abajf2 7,f7 a customer service process1 such as a process for answering citizen or customer questions and resolving issues2 7,g7 sound management practices for worker health and safety2 7,h7 plans for complying with design-for-environment and labeling requirements under sections #abcjc and #abcjd1 respectively2 7,i7 the means by which responsible parties will work with and improve existing recycling1 composting1 litter cleanup1 and disposal programs and infrastructure2 7,j7 any plans to transition to reusable covered products2 7,k7 the means by which the ,organization is mitigating fraud in the applicable ,program2 7,l7 the means by which responsible parties will consult with the ,federal ,government1 ,state and local governments1 and any other important stakeholders2 and 7,m7 plans for market development4 7c7 ,approval or denial ,not later than #ij days after receiving a ,plan under subsection 7a71 the ,administrator shall-- 7#a7 approve or deny the ,plan2 and 7#b7 notify the applicable ,organization of the determination of the ,administrator under paragraph 7#a74 7d7 ,implementation ,beginning on ,august #a1 #bjbb1 not later than #fj days after receiving a notification of approval of a ,plan under subsection 7c77#b71 the applicable ,organization shall begin implementation of the ,plan4 7e7 ,expiration ,a ,plan-- 7#a7 shall expire on the date that is #e years after the date on which the ,plan is approved2 and 7#b7 may be renewed4 7f7 ,revisions ,the ,administrator may require a revision to a ,plan before the expiration date of the ,plan if-- 7#a7 the performance targets under subsection 7g7 are not being met2 or 7#b7 there is a change in circumstances that otherwise warrants a revision4 7g7 ,performance targets 7#a7 ,in general ,each ,plan shall contain achievable performance targets for the collection and recycling of the applicable covered product or beverage container in accordance with section #abajc or #abajd1 as applicable4 7#b7 ,minimum requirements ,performance targets under paragraph 7#a7 shall be not less than1 by weight of covered product-- 7,a7 by ,december #ca1 #bjbg-- 7i7 #fe percent of all covered products1 except paper1 reused or recycled2 7ii7 #ge percent of all beverage containers and paper covered products recycled2 and 7iii7 #ej percent of all industrially compostable covered products composted2 and 7,b7 by ,december #ca1 #bjcb-- 7i7 #hj percent of all covered products1 except paper1 reused or recycled2 7ii7 #ij percent of all beverage containers and paper covered products recycled2 and 7iii7 #gj percent of all industrially compostable covered products composted4 #abajf4 ,outreach and education 7a7 ,in general ,a ,program shall include the provision of outreach and education to consumers throughout the ,united ,states regarding-- 7#a7 proper end-of-life management of covered products and beverage containers2 7#b7 the location and availability of curbside and drop-off collection opportunities2 7#c7 how to prevent litter of covered products and beverage containers2 and 7#d7 recycling and composting instructions that are-- 7,a7 consistent nationwide1 except as necessary to take into account differences among ,state and local laws2 7,b7 easy to understand2 and 7,c7 easily accessible4 7b7 ,activities ,outreach and education under subsection 7a7 shall-- 7#a7 be designed to achieve the management goals of covered products and beverage containers under this part1 including the prevention of contamination by covered products and beverage containers in other management systems or in other materials2 7#b7 be coordinated across programs nationally to avoid confusion for consumers2 and 7#c7 include1 at a minimum-- 7,a7 consulting on education1 outreach1 and communications with the advisory committee of the applicable ,organization and other stakeholders2 7,b7 coordinating with and assisting local municipal programs1 municipal contracted programs1 solid waste collection companies1 and other entities providing services to the ,program2 7,c7 developing and providing outreach and education to the diverse ethnic populations of the ,united ,states through translated and culturally appropriate materials1 including in-language and targeted outreach2 7,d7 establishing consumer websites and mobile applications that provide information about methods to prevent covered product and beverage container pollution and how consumers may access and use collection services2 7,e7 working with ,program participants to label covered products and beverage containers with information to assist consumers in responsibly managing covered product and beverage container waste2 and 7,f7 determining the effectiveness of outreach1 education1 communications1 and convenience of services through periodic surveys of consumers4 7c7 ,evaluation ,if the ,administrator determines that performance targets under section #abaje7;g7 are not being met with respect to an ,organization1 the ,organization shall-- 7#a7 conduct an evaluation of the effectiveness of outreach and education efforts under this section to determine whether changes are necessary to improve those outreach and education efforts2 and 7#b7 develop information that may be used to improve outreach and education efforts under this section4 #abajg4 ,reporting 7a7 ,in general ,an ,organization shall annually make available on a publicly available website a report that contains-- 7#a7 with respect to covered products or beverages in beverage containers sold or imported by members of the ,organization1 a description of1 at a minimum-- 7,a7 the quantity of covered products or beverage containers sold or imported and collected1 by submaterial type and ,state1 for the year covered by the report and each prior year2 7,b7 management of the covered products or beverage containers1 including recycling rates1 by submaterial type1 for the year covered by the report and each prior year2 7,c7 data on the final destination and quantity of reclaimed covered products or beverage containers1 by submaterial type1 including the form of any covered products or beverage containers exported2 7,d7 contamination in the recycling stream of the covered products or beverage containers2 7,e7 collection service vendors and collection locations1 including-- 7i7 the geographic distribution of collection2 7ii7 distance to population centers2 7iii7 hours2 7iv7 actions taken to reduce barriers to collection by expanding curbside collection or facilitating drop-offs2 and 7v7 frequency of collection availability2 and 7,f7 efforts to reduce environmental impacts at each stage of the lifecycle of the covered products or beverage containers2 7#b7 the composition of the advisory committee for the ,organization2 7#c7 expenses of the ,organization2 7#d7 outreach and education efforts under section #abajf1 including the results of those efforts2 7#e7 customer service efforts and results2 7#f7 performance relative to the performance targets of the ,plan under section #abaje7;g72 7#g7 the status of packaging innovation and design characteristics to prevent littering1 make covered products or beverage containers reusable or refillable1 or reduce overall covered product and beverage container waste2 and 7#h7 any other information that the ,administrator determines to be appropriate4 7b7 ,consistency ,organizations shall make efforts to coordinate reporting under subsection 7a7 to provide for consistency of information across a category of covered products or beverage containers4 7c7 ,audits ,every #b years1 the ,administrator shall conduct an audit of collection and recycling to provide an accounting of the collection and recycling of covered products and beverage containers that are not produced by a responsible party or an ,organization4 7d7 ,reductions in ,state and local taxes ,not later than ,february #a1 #bjbe1 and annually thereafter1 the ,administrator shall prepare and make publicly available a report describing-- 7#a7 the effect of this part on costs incurred by ,state and local governments for the management and cleanup of covered products and beverage containers2 and 7#b7 any reductions in ,state and local taxes as a result of any reductions of costs described in paragraph 7#a74 ,,ii ,reduction of ,single-,use ,products #abbja4 ,prohibition on single-use plastic carryout bags 7a7 ,definition of single-,use plastic bag ,in this section3 7#a7 ,in general ,the term single-use plastic bag means a bag that is-- 7,a7 made of-- 7i7 plastic film2 or 7ii7 woven or nonwoven nylon1 polypropylene1 polyethylene-terephthalate1 or ,tyvek in a quantity less than #hj grams per square meter2 and 7,b7 provided by a covered retail or service establishment to a customer at the point of sale1 home delivery1 the check stand1 cash register1 or other point of departure to a customer for use to transport1 deliver1 or carry away purchases4 7#b7 ,exclusions ,the term single-use plastic bag does not include-- 7,a7 a bag that is subject to taxation under section #djef of the ,internal ,revenue ,code of #aihf2 or 7,b7 a covered product that is-- 7i7 used by a consumer inside a store-- 7,i7 to package bulk items1 such as fruit1 vegetables1 nuts1 grains1 candy1 unwrapped prepared foods or bakery goods1 or small hardware items2 or 7,,ii7 to contain or wrap-- 7aa7 prepackaged or non-prepackaged frozen foods1 meat1 or fish2 or 7bb7 flowers1 potted plants1 or other items the dampness of which may require the use of the nonhandled bag2 7ii7 a bag sold at retail in packages containing multiple bags intended to contain garbage or pet waste2 7iii7 a newspaper bag2 7iv7 a door hanger bag2 or 7v7 a laundry or dry cleaning bag4 7b7 ,prohibition ,a covered retail or service establishment shall not provide at the point of sale a single-use plastic bag to a customer4 7c7 ,enforcement 7#a7 ,written notification for first violation ,if a covered retail or service establishment violates subsection 7b71 the ,administrator shall provide that covered retail or service establishment with written notification regarding the violation of the requirement under that subsection4 7#b7 ,subsequent violations 7,a7 ,in general ,if a covered retail or service establishment1 subsequent to receiving a written notification described in paragraph 7#a71 violates subsection 7b71 the ,administrator shall fine the covered retail or service establishment in accordance with subparagraph 7,b74 7,b7 ,amount of penalty ,for each violation during a calendar year1 the amount of the penalty under subparagraph 7,a7 shall be-- 7i7 in the case of the first violation1 #bej2 7ii7 in the case of the second violation1 #ejj2 and 7iii7 in the case of the third violation or any subsequent violation1 #a1jjj4 7,c7 ,seizure ,on a third violation or any subsequent violation under this paragraph by a covered retail or service establishment1 the ,administrator may seize any single-use plastic bags in the possession of the covered retail or service establishment4 7,d7 ,limitation ,in the case of a covered retail or service establishment the annual revenue of which is less than #a1jjj1jjj1 a penalty shall not be imposed under this paragraph more than once during any #g-;day period4 7#c7 ,state enforcement ,the ,administrator may permit a ,state to carry out enforcement under this subsection if the ,administrator determines that the ,state meets such requirements as the ,administrator may establish4 7d7 ,effective date ,the prohibition under this section shall take effect on ,january #a1 #bjbb4 #abbjb4 ,reduction of other single-use products 7a7 ,prohibition on plastic utensils and plastic straws 7#a7 ,utensils ,a covered retail or service establishment may not use1 provide1 distribute1 or sell a plastic utensil4 7#b7 ,plastic straws 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 a covered retail or service establishment that sells food or beverages-- 7i7 except as provided in clause 7ii71 may not provide a plastic straw to a customer2 7ii7 shall provide a plastic straw to a customer who requests a plastic straw2 7iii7 shall provide accessible means of communication1 across all ordering platforms used by the covered retail or service establishment 7such as online1 mobile1 and in-person71 for customers to request a plastic straw2 and 7iv7 shall keep in stock plastic straws for customers who request plastic straws4 7,b7 ,effective functional equivalents ,if the ,administrator1 in consultation with the ,national ,council on ,disability and advocates representing the disability and environmental communities1 determines that an effective functional equivalent to a plastic straw that can be recycled1 composted1 or disposed with minimal harm to the environment has been developed-- 7i7 subparagraph 7,a7 shall no longer apply2 and 7ii7 a covered retail or service establishment may not provide a plastic straw to a customer4 7,c7 ,exclusion ,subparagraph 7,a7 shall not apply to the sale of plastic straws in bulk for home or personal use4 7#c7 ,nonplastic alternatives ,a covered retail or service establishment may provide1 distribute1 or sell a reusable1 compostable1 or recyclable alternative to a plastic utensil or plastic straw only-- 7,a7 on request of a customer2 and 7,b7 in the case of a compostable or recyclable alternative1 if composting or recycling1 as applicable1 for the item is provided and locally accessible4 7b7 ,prohibition on other single-,use products 7#a7 ,in general ,except as provided in paragraphs 7#c7 and 7#d71 a covered retail or service establishment may not sell or distribute any single-use product that the ,administrator determines is not recyclable or compostable and can be replaced by a reusable or refillable item4 7#b7 ,inclusions ,in the prohibition under paragraph 7#a71 the ,administrator shall include-- 7,a7 expanded polystyrene for use in food service products1 disposable consumer coolers1 or shipping packaging2 7,b7 single-use personal care products1 such as miniature bottles containing shampoo1 soap1 and lotion that are provided at hotels or motels2 7,c7 noncompostable produce stickers2 and 7,d7 such other products that the ,administrator determines by regulation to be appropriate4 7#c7 ,exception ,the prohibition under paragraph 7#a7 shall not apply to the sale or distribution of an expanded polystyrene cooler for medical use4 7#d7 ,temporary waiver ,the ,administrator may grant a temporary waiver of not more than #a year from the prohibition under paragraph 7#a7 for the use of expanded polystyrene in shipping packaging to protect a product of high value if a viable alternative to expanded polystyrene is not available4 7c7 ,enforcement 7#a7 ,written notification for first violation ,if a covered retail or service establishment violates subsection 7a7 or 7b71 the ,administrator shall provide that covered retail or service establishment with written notification regarding the violation of the requirement under that subsection4 7#b7 ,subsequent violations 7,a7 ,in general ,if any covered retail or service establishment1 subsequent to receiving a written notification described in paragraph 7#a71 violates subsection 7a7 or 7b71 the ,administrator shall fine the covered retail or service establishment in accordance with subparagraph 7,b74 7,b7 ,amount of penalty ,for each violation during a calendar year1 the amount of the penalty under subparagraph 7,a7 shall be-- 7i7 in the case of the first violation1 #bej2 7ii7 in the case of the second violation1 #ejj2 and 7iii7 in the case of the third violation or any subsequent violation1 #a1jjj4 7,c7 ,seizure ,on a third violation or any subsequent violation under this paragraph by a covered retail or service establishment1 the ,administrator may seize any plastic products prohibited under subsection 7a7 or 7b7 that are in the possession of the covered retail or service establishment4 7,d7 ,limitation ,in the case of a covered retail or service establishment the annual revenue of which is less than #a1jjj1jjj1 a penalty shall not be imposed under this paragraph more than once during any #g-;day period4 7#c7 ,state enforcement ,the ,administrator may permit a ,state to carry out enforcement under this subsection if the ,administrator determines that the ,state meets such requirements as the ,administrator may establish4 7d7 ,effective date ,the prohibition under this section shall take effect on ,january #a1 #bjbb4 #abbjc4 ,study and action on plastic tobacco filters and electronic cigarettes 7a7 ,study ,not later than #b years after the date of enactment of this subtitle1 the ,administrator1 in conjunction with the ,commissioner of ,food and ,drugs and the ,director of the ,national ,institutes of ,health1 shall conduct a study on-- 7#a7 the environmental impacts and efficacy of tobacco filters made from plastic2 and 7#b7 the environmental impacts of electronic cigarettes1 including disposable components of electronic cigarettes4 7b7 ,report to ,congress 7#a7 ,in general ,not later than #ahj days after the date on which the study under subsection 7a7 is concluded1 the ,administrator1 in conjunction with the ,commissioner of ,food and ,drugs1 shall submit to the committees described in paragraph 7#b7 a report describing recommendations to establish a program to reduce litter from1 and the environmental impacts of1 single-use tobacco filter products and electronic cigarettes4 7#b7 ,committees ,the committees referred to in paragraph 7#a7 are-- 7,a7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,b7 the ,committee on ,environment and ,public ,works of the ,senate2 7,c7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7c7 ,publication ,on submission of the report under subsection 7b77#a71 the ,administrator1 in conjunction with the ,commissioner of ,food and ,drugs1 shall publish in the ,federal ,register for public comment-- 7#a7 the report2 and 7#b7 a description of the actions the ,administrator and the ,commissioner of ,food and ,drugs intend to take during the #a-year period after the date of publication to reduce litter from1 and the environmental impacts of1 single-use tobacco filter products and electronic cigarettes1 including recommendations for incorporating plastic tobacco filters and electronic cigarette components into an extended producer responsibility program4 ,,iii ,recycling and ,composting #abcja4 ,recycling and composting collection ,the ,administrator1 in consultation with ,organizations1 ,state and local governments1 and affected stakeholders1 shall issue guidance to standardize recycling and composting collection across communities and ,states4 #abcjb4 ,requirements for the production of products containing recycled content 7a7 ,plastic beverage containers 7#a7 ,in general ,subject to paragraph 7#b71 the ,administrator shall require each responsible party for plastic beverage containers to make the plastic beverage containers-- 7,a7 by #bjbe1 of #be percent post-consumer recycled content from ,united ,states sources2 7,b7 by #bjcj1 of #cj percent post-consumer recycled content from ,united ,states sources2 7,c7 by #bjce1 of #ej percent post-consumer recycled content from ,united ,states sources2 7,d7 by #bjdj1 of #hj percent post-consumer recycled content from ,united ,states sources2 and 7,e7 by such dates thereafter as the ,administrator shall establish1 such percentages of post-consumer recycled content from ,united ,states sources as the ,administrator determines by a rule to be appropriate4 7#b7 ,adjustment ,after consideration of the results of the study under subsection 7b77#a71 the ,administrator may issue regulations to modify one or more of the percentages described in subparagraphs 7,a7 through 7,d7 of paragraph 7#a74 7b7 ,other covered products and beverage containers 7#a7 ,study ,the ,administrator1 in coordination with the ,director of the ,national ,institute of ,standards and ,technology1 the ,commissioner of ,food and ,drugs1 and the head of any other relevant ,federal agency1 shall carry out a study to determine the technical and safe minimum post-consumer recycled content requirements for covered products and beverage containers1 including beverage containers composed of glass1 aluminum1 and other materials4 7#b7 ,report 7,a7 ,in general ,not later than #a year after the date of enactment of this subtitle1 the ,administrator shall submit to ,congress a report describing the results of the study under paragraph 7#a71 including-- 7i7 an estimate of the current and projected consumption of covered products and use of beverage containers in the ,united ,states2 7ii7 an estimate of current and projected future recycling rates of covered products and beverage containers in the ,united ,states2 7iii7 an assessment of techniques and recommendations to minimize the creation of new materials for covered products and beverage containers2 and 7iv7 an assessment of-- 7,i7 post-consumer recycled content standards for covered products and beverage containers that are technologically feasible2 and 7,,ii7 the impact of the standards described in subclause 7,i7 on recycling rates of covered products and beverage containers4 7,b7 ,publication ,on submission of the report under subparagraph 7,a7 to ,congress1 the ,administrator shall publish in the ,federal ,register for public comment-- 7i7 the report2 and 7ii7 a description of the actions the ,administrator intends to take during the #a-year period after the date of publication in the ,federal ,register to establish minimum post-consumer recycled content standards for covered products and beverage containers4 7#c7 ,minimum standards 7,a7 ,in general ,not later than #a year after the ,administrator publishes the report under paragraph 7#b77;,b71 the ,administrator shall establish minimum post-consumer recycled content standards for covered products and beverage containers4 7,b7 ,requirement ,the standards established under subparagraph 7,a7 shall increase the percentage by which covered products and beverage containers shall be composed of post-consumer recycled content over a time period established by the ,administrator4 #abcjc4 ,designing for the environment 7a7 ,in general ,the ,administrator shall require each responsible party of covered products and beverage containers to design the covered products and beverage containers to minimize the environmental and health impacts of the covered products and beverage containers4 7b7 ,requirements ,in designing covered products and beverage containers in accordance with subsection 7a71 to minimize the impacts of extraction1 manufacture1 use1 and end-of-life management1 a responsible party shall consider-- 7#a7 eliminating or reducing the quantity of material used2 7#b7 eliminating toxic substances2 7#c7 designing for reuse1 refill1 and lifespan extension2 7#d7 incorporating recycled materials2 7#e7 designing to reduce environmental impacts across the lifecycle of a product2 7#f7 incorporating sustainably and renewably sourced material2 7#g7 optimizing material to use the minimum quantity of packaging necessary to effectively deliver a product without damage or spoilage2 7#h7 degradability of materials in cold-water environments2 and 7#i7 improving recyclability and compostability4 #abcjd4 ,product labeling 7a7 ,in general ,a responsible party shall include labels on covered products and beverage containers that-- 7#a7 are easy to read2 7#b7 indicate that the covered product or beverage container is-- 7,a7 recyclable2 7,b7 not recyclable2 7,c7 compostable2 or 7,d7 reusable2 7#c7 in the case of a covered product or beverage container that is not recyclable1 does not include the universal chasing arrows recycling symbol or any other similar symbol that would lead a consumer to believe that the item should be sorted for recycling2 7#d7 in the case of a plastic bag that is not compostable1 is not tinted green or brown2 7#e7 in the case of a compostable bag1 is tinted green or brown and includes information identifying the entity designated by the ,administrator that has certified that the product is compostable2 and 7#f7 in the case of a covered product or beverage container that is compostable1 includes a green or brown stripe or similar marking to identify that the item is compostable4 7b7 ,standardized labels ,the ,administrator shall establish or approve a standardized label for each category of covered product and beverage container to be used by responsible parties under subsection 7a74 7c7 ,requirement ,a label described in subsection 7a71 including a shrink sleeve-- 7#a7 shall be compatible with the intended method of discard for the covered product or beverage container2 and 7#b7 shall not require removal by consumers4 7d7 ,compatibility ,the ,administrator shall encourage label manufacturers1 in coordination with the supply chains of those manufacturers1 including substrate suppliers1 converters1 and ink suppliers1 to work with the recycling industry to address label recycling compatibility challenges4 7e7 ,wet wipes ,with respect to the label described in subsection 7a7 for a wet wipe product-- 7#a7 in the case of a wet wipe product sold in the ,united ,states that is intended to be disposed of in the solid waste stream1 the label shall include-- 7,a7 on the front of the package near the dispensing point1 the statement ,do ,not ,flush2 and 7,b7 in high contrast font and color1 a ,do ,not ,flush moniker and symbol that is otherwise in accordance with the voluntary guidelines for labeling practices of the nonwoven fabrics industry contained in the ,code of ,practice of the ,association of the ,nonwoven ,fabrics ,industry and the ,european ,disposables and ,nonwovens ,association1 entitled ,communicating ,appropriate ,disposal ,pathways for ,nonwoven ,wipes to ,protect ,wastewater ,systems1 second edition1 as published in ,april #bjag2 7#b7 in the case of a wet wipe product sold in the ,united ,states that is labeled with a claim that the product is flushable1 sewer and septic safe1 or any other claim that indicates that the product is intended to be disposed of in a sewer or septic system-- 7,a7 the label may include the statement flushable1 sewer and septic safe1 or other statement that the product is intended to be disposed of in a sewer or septic system if the product-- 7i7 meets the performance standards for dispersibility in a sewer system or septic system established by the ,international ,water ,services ,flushability ,group 7as in effect on the date of enactment of this subtitle72 and 7ii7 does not contain chemicals or additives harmful to the public wastewater infrastructure2 and 7#c7 in the case of a wet wipe product that is composed of plastic or other synthetic material1 including regenerated cellulosic fibers-- 7,a7 the label1 marketing claims1 or other advertisements for the product may not identify the product as intended for disposal in a sewer or septic system2 and 7,b7 the label shall clearly and conspicuously state that the product contains plastic or other synthetic material4 #abcje4 ,recycling and composting receptacle labeling 7a7 ,purpose ,the purpose of this section is to establish guidelines for a national standardized labeling system for the development of labels for recycling and composting receptacles that use a methodology that is consistent throughout the ,united ,states to assist members of the public in properly recycling and composting4 7b7 ,definitions ,in this section3 7#a7 ,public space ,the term public space means a business1 an airport1 a school1 a stadium1 a government office1 a park1 and any other public space1 as determined by the ,administrator4 7#b7 ,recycling or composting receptacle ,the term recycling or composting receptacle means a recycling or composing bin1 cart1 or dumpster4 7#c7 ,residential recycling and composting program ,the term residential recycling and composting program means a recycling and composting program that services single family dwellings1 multifamily dwellings or facilities1 or both4 7c7 ,guidelines ,the ,administrator shall develop and publish guidelines for a national standardized labeling system for an ,organization to use to develop labels that-- 7#a7 use a national standardized methodology of colors1 images1 format1 and terminology1 including to address diverse ethnic populations2 7#b7 shall be placed on recycling and composting receptacles in public spaces and the service area of the ,organization in accordance with paragraphs 7#a77;,d7 and 7#b7 of subsection 7e72 and 7#c7 communicate to users of those recycling and composting receptacles-- 7,a7 the specific recyclables and compostables that the ,organization accepts2 and 7,b7 the specific rules of sorting for that ,organization4 7d7 ,development of labels 7#a7 ,in general ,each ,organization in the ,united ,states shall1 in accordance with the guidelines published under subsection 7c71 use the national standardized labeling system to develop labels for use on recycling and composting receptacles in public spaces and the service area of the ,organization to communicate to users of those recycling and composting receptacles-- 7,a7 the specific recyclables and compostables that the ,organization accepts2 and 7,b7 the specific rules of sorting for that ,organization4 7#b7 ,simple and detailed versions ,in developing labels under paragraph 7#a71 an ,organization shall develop-- 7,a7 a simple version of the label for use on recycling and composting receptacles used in public spaces1 which shall list the basic recyclables and compostables that the ,organization accepts2 and 7,b7 a detailed version of the label for use on recycling and composting receptacles used as part of a residential recycling and composting program1 taking into consideration the complexity of the packaging and products disposed of by single family dwellings and multifamily dwellings and facilities4 7e7 ,distribution of labels 7#a7 ,simple version 7,a7 ,in general ,an ,organization shall distribute the simple version of the label developed by that ,organization under subsection 7d77#b77;,a7 to each customer of that ,organization that owns or operates a public space in the service area of the ,organization4 7,b7 ,quantity ,the quantity of labels distributed to an owner or operator of a public space under subparagraph 7,a7 shall be reasonably sufficient to ensure that a label may be placed on each recycling and composting receptacle in that public space4 7,c7 ,additional labels ,if the quantity of labels distributed under subparagraph 7,b7 is insufficient1 an ,organization shall make available to owners and operators described in subparagraph 7,a7 additional labels to purchase or download4 7,d7 ,requirement of owners and operators ,an owner or operator of a public space that receives labels under subparagraph 7,a7 shall display the labels on the recycling and composting receptacles in that public space4 7#b7 ,detailed version ,an ,organization or municipality1 as applicable1 that services a residential recycling and composting program in the area served by an ,organization shall display a detailed standardized label developed by that ,organization under subsection 7d77#b77;,b7 on each recycling and composting receptacle used by the residential recycling and composting program4 #abcjf4 ,prohibition on certain exports of waste ,no person may export from the ,united ,states plastic waste1 plastic parings1 or scraps of plastic-- 7#a7 to a country that is not a member of the ,organization for ,economic ,cooperation and ,development2 7#b7 without the prior informed consent of the relevant authorities in a receiving country that is a member of the ,organization for ,economic ,cooperation and ,development1 if those exports-- 7,a7 are not of a single1 nonhalogenated plastic polymer2 or 7,b7 are contaminated with greater than #j4e percent of-- 7i7 other plastics2 or 7ii7 other materials1 including-- 7,i7 labels1 adhesives1 varnishes1 waxes1 inks1 and paints2 and 7,,ii7 composite materials mixing plastics with nonplastic materials2 or 7#c7 that are contaminated with hazardous chemicals1 toxic substances1 or substances to the extent that the export becomes hazardous waste4 ,,iv ,local ,government ,efforts #abdja4 ,protection of local governments ,nothing in this subtitle or section #djef of the ,internal ,revenue ,code of #aihf preempts any ,state or local law in effect on or after the date of enactment of this subtitle that-- 7#a7 requires the collection and recycling of recyclables in a greater quantity than required under section #abaje7;g72 7#b7 prohibits the sale or distribution of products that are not prohibited under part ,,ii2 7#c7 requires products to be made of a greater percentage of post-consumer recycled content than required under section #abcjb2 7#d7 imposes a fee or other charge for products not subject to taxation under section #djef of the ,internal ,revenue ,code of #aihf2 or 7#e7 in any way exceeds the requirements of this subtitle4 #abdjb4 ,clean ,communities ,program ,the ,administrator shall establish a program1 to be known as the ,clean ,communities ,program1 under which the ,administrator shall leverage smart technology and social media to provide technical assistance to units of local government of ,states in cost-effectively-- 7#a7 identifying concentrated areas of pollution in that unit of local government2 and 7#b7 implementing source reduction solutions4 ,v ,fishing ,gear #abeja4 ,study and action on derelict fishing gear 7a7 ,report ,not later than #b years after the date of enactment of this subtitle1 the ,under ,secretary of ,commerce for ,oceans and ,atmosphere 7referred to in this section as the ,under ,secretary7 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that includes-- 7#a7 an analysis of the scale of fishing gear losses by ,united ,states and foreign fisheries1 including-- 7,a7 the variance in the quantity of gear lost among-- 7i7 domestic and foreign fisheries2 7ii7 types of fishing gear2 and 7iii7 methods of fishing2 7,b7 the means by which lost fishing gear is transported by ocean currents2 and 7,c7 common reasons that fishing gear is lost2 7#b7 an evaluation of the ecological1 human health1 and maritime safety impacts of derelict fishing gear1 and how those impacts vary across-- 7,a7 types of fishing gear2 7,b7 materials used to construct fishing gear2 and 7,c7 geographic location2 7#c7 recommendations on management measures-- 7,a7 to prevent fishing gear losses2 and 7,b7 to reduce the impacts of lost fishing gear2 7#d7 an assessment of the cost of implementing management measures described in paragraph 7#c72 and 7#e7 an assessment of the impact of fishing gear loss attributable to foreign countries4 7b7 ,publication ,on submission of the report under subsection 7a71 the ,under ,secretary shall publish in the ,federal ,register for public comment-- 7#a7 the report2 and 7#b7 a description of the actions the ,under ,secretary intends to take during the #a-year period after the date of publication to reduce litter from1 and the environmental impacts of1 commercial fishing gear4 4 7b7 ,clerical amendment ,the table of contents for the ,solid ,waste ,disposal ,act 7,public ,law #hi-bgb2 #gi ,stat4 #iig7 is amended by inserting after the item relating to section #aajaa the following3 ,subtitle ,k--,producer ,responsibility for ,products and ,packaging ,sec4 #abjja4 ,definitions4 ,part ,i--,products in the ,marketplace ,sec4 #abaja4 ,extended producer responsibility4 ,sec4 #abajb4 ,producer ,responsibility ,organizations4 ,sec4 #abajc4 ,covered product management4 ,sec4 #abajd4 ,national beverage container program4 ,sec4 #abaje4 ,product ,stewardship ,plans4 ,sec4 #abajf4 ,outreach and education4 ,sec4 #abajg4 ,reporting4 ,part ,,ii--,reduction of ,single-,use ,products ,sec4 #abbja4 ,prohibition on single-use plastic carryout bags4 ,sec4 #abbjb4 ,reduction of other single-use products4 ,sec4 #abbjc4 ,study and action on plastic tobacco filters and electronic cigarettes4 ,part ,,iii--,recycling and ,composting ,sec4 #abcja4 ,recycling and composting collection4 ,sec4 #abcjb4 ,requirements for the production of products containing recycled content4 ,sec4 #abcjc4 ,designing for the environment4 ,sec4 #abcjd4 ,product labeling4 ,sec4 #abcje4 ,recycling and composting receptacle labeling4 ,sec4 #abcjf4 ,prohibition on certain exports of waste4 ,part ,,iv--,local ,government ,efforts ,sec4 #abdja4 ,protection of local governments4 ,sec4 #abdjb4 ,clean ,communities ,program4 ,part ,v--,fishing ,gear ,sec4 #abeja4 ,study and action on derelict fishing gear4 4 #c4 ,imposition of tax on carryout bags 7a7 ,general rule ,chapter #ca of the ,internal ,revenue ,code of #aihf is amended by inserting after subchapter ,c the following new subchapter3 ,d ,carryout ,bags ,sec4 #djef4 ,imposition of tax4 #djef4 ,imposition of tax 7a7 ,general rule ,there is hereby imposed on any retail sale a tax on each carryout bag provided to a customer by an applicable entity4 7b7 ,amount of tax ,the amount of tax imposed by subsection 7a7 shall be #j4aj per carryout bag4 7c7 ,liability for tax ,the applicable entity shall be liable for the tax imposed by this section4 7d7 ,definitions ,for purposes of this section-- 7#a7 ,applicable entity 7,a7 ,in general ,subject to subparagraph 7,b71 the term applicable entity means-- 7i7 any restaurant 7as defined in section #abjja of the ,solid ,waste ,disposal ,act71 or 7ii7 any business which-- 7,i7 sells food1 alcohol1 or any other good or product to the public at retail1 or 7,,ii7 elects to comply with the requirements under this section4 7,b7 ,exception 7i7 ,in general ,for purposes of this section1 the term applicable entity shall not include any entity described in subparagraph 7,a7 if the ,state1 or any local government or political subdivision thereof1 in which such entity is located has been granted a waiver pursuant to clause 7ii74 7ii7 ,waiver ,the ,secretary shall prescribe rules providing for the waiver of application of this section with respect to any ,state1 or any local government or political subdivision thereof1 which has enacted a tax or fee on the provision of carryout bags which is similar to the tax imposed under this section4 7#b7 ,carryout bag 7,a7 ,in general ,the term carryout bag means a bag of any material that is provided to a consumer at the point of sale to carry or cover purchases1 merchandise1 or other items4 7,b7 ,exceptions ,such term shall not include any product described in section #abbja7;a77#b77;,b77ii7 of the ,solid ,waste ,disposal ,act4 7e7 ,bag tax stated separately on receipt ,the tax imposed by subsection 7a7 shall be separately stated on the receipt of sale provided to the customer4 7f7 ,exceptions ,the tax imposed under subsection 7a7 shall not apply to any carryout bag that is provided to a customer as part of a transaction in which the customer is purchasing any item using benefits received under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 or the supplemental nutrition program for women1 infants1 and children authorized under section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf74 7g7 ,penalties 7#a7 ,written notification for first violation ,if any applicable entity fails to collect the tax imposed under subsection 7a7 or satisfy the requirements under subsection 7e71 the ,secretary shall provide such entity with written notification regarding the violation of the requirements under such subsections4 7#b7 ,subsequent violations 7,a7 ,in general ,if any applicable entity1 subsequent to receiving a written notification described in paragraph 7#a71 fails to collect the tax imposed under subsection 7a7 or satisfy the requirements under subsection 7e71 such entity shall pay a penalty in addition to the tax imposed under this section4 7,b7 ,amount of penalty ,for each violation during a calendar year1 the amount of the penalty under subparagraph 7,a7 shall be-- 7i7 in the case of the first violation1 #bej1 7ii7 in the case of the second violation1 #ejj1 and 7iii7 in the case of the third violation or any subsequent violation1 #a1jjj4 7,c7 ,limitation ,in the case of any applicable entity with less than #a1jjj1jjj in total revenue for the year preceding the imposition of any penalty under this paragraph1 any such penalty may not be imposed under this paragraph more than once during any #g-;day period4 7h7 ,rule of construction ,nothing in this section or any regulations promulgated under this section shall preempt1 limit1 or supersede1 or be interpreted to preempt1 limit1 or supersede-- 7#a7 any law or regulation relating to any tax or fee on carryout bags which is imposed by a ,state or local government entity1 or any political subdivision1 agency1 or instrumentality thereof1 or 7#b7 any additional fees imposed by any applicable entity on carryout bags provided to its customers4 4 7b7 ,carryout bag credit program ,subchapter ,b of chapter #fe of such ,code is amended by adding at the end the following new section3 #fdca4 ,carryout bag credit program 7a7 ,allowance of credit ,if-- 7#a7 tax has been imposed under section #djef on any carryout bag1 7#b7 an applicable entity provides such bag to a customer in a point of sale transaction1 and 7#c7 such entity has kept and can produce records for purposes of this section and section #djef that include-- 7,a7 the total number of carryout bags provided to customers for which the tax was imposed under section #djef7;a7 and the amounts passed through to customers for such bags pursuant to section #djef7;e71 and 7,b7 the total number of bags for which a refund was provided to customers pursuant to a carryout bag credit program1 the ,secretary shall pay 7without interest7 to such entity an amount equal to the applicable amount for each bag provided by such entity in connection with a point of sale transaction4 7b7 ,applicable amount ,for purposes of subsection 7a71 the applicable amount is an amount equal to-- 7#a7 in the case of an applicable entity that has established a carryout bag credit program1 #j4aj1 and 7#b7 in the case of an applicable entity that has not established a carryout bag credit program1 #j4jd4 7c7 ,carryout bag credit program ,for purposes of this section1 the term carryout bag credit program means a program established by an applicable entity which-- 7#a7 for each bag provided by the customer to package any items purchased from the applicable entity1 such entity refunds such customer #j4je for each such bag from the total cost of their purchase1 7#b7 separately states the amount of such refund on the receipt of sale provided to the customer1 and 7#c7 prominently advertises such program at each entrance and checkout register of the applicable entity4 7d7 ,definitions ,for purposes of this section1 the terms applicable entity and carryout bag have the same meanings given such terms under section #djef7;d74 4 7c7 ,establishment of trust fund ,subchapter ,a of chapter #ih of such ,code is amended by adding at the end the following3 #ieab4 ,recycling and litter cleanup trust fund 7a7 ,creation of trust fund ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,recycling and ,litter ,cleanup ,trust ,fund 7referred to in this section as the ,trust ,fund71 consisting of such amounts as may be appropriated or credited to the ,trust ,fund as provided in this section or section #ifjb7;b74 7b7 ,transfers to trust fund ,there is hereby appropriated to the ,trust ,fund an amount equivalent to the amounts received in the ,treasury pursuant to section #djef4 7c7 ,expenditures from trust fund ,amounts in the ,trust ,fund shall be available1 as provided by appropriation ,acts1 for-- 7#a7 making payments under section #fdca1 and 7#b7 making grants for-- 7,a7 reusable carryout bags1 and 7,b7 recycling1 reuse1 and composting infrastructure and litter cleanup4 4 7d7 ,study ,not later than the date which is #ah months after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study on the effectiveness of sections #djef1 #fdca1 and #ieab of the ,internal ,revenue ,code of #aihf 7as added by this ,act7 at reducing the use of carryout bags and encouraging the use of reusable bags4 ,the report shall address-- 7#a7 the use of plastic or paper single-use carryout bags during the period preceding the enactment of such sections2 7#b7 the effect of such sections on the citizens and residents of the ,united ,states1 including-- 7,a7 the percentage reduction in the use of plastic or paper single-use carryout bags as a result of the enactment of such sections2 7,b7 the opinion among citizens and residents of the ,united ,states regarding the effect of such sections1 disaggregated by race and income level2 and 7,c7 the amount of substitution between other types of plastic bags for single-use carryout bags2 7#c7 measures that the ,comptroller ,general determines may increase the effectiveness of such sections1 including the amount of tax imposed on each carryout bag2 and 7#d7 any effects1 both positive and negative1 on ,united ,states businesses as a result of the enactment of such sections1 including costs1 storage space1 and changes in paper bag usage4 ,the ,comptroller ,general shall submit a report of such study to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate4 7e7 ,clerical amendments 7#a7 ,the table of subchapters for chapter #ca of such ,code is amended by inserting after the item relating to subchapter ,c the following new item3 ,subchapter ,d4 ,carryout bags 4 7#b7 ,the table of sections for subchapter ,b of chapter #fe of such ,code is amended by adding at the end the following new item3 ,sec4 #fdca4 ,carryout bag credit program4 4 7#c7 ,the table of sections for subchapter ,a of chapter #ih of such ,code is amended by adding at the end the following new item3 ,sec4 #ieab4 ,recycling and litter cleanup trust fund4 4 7f7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbb4 #d4 ,clean air1 clean water1 and environmental justice 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,covered facility ,the term covered facility means-- 7,a7 an industrial facility that transforms natural gas liquids into ethylene and propylene for later conversion into plastic polymers2 7,b7 a plastic polymerization or polymer production facility2 and 7,c7 an industrial facility that repolymerizes plastic polymers into chemical feedstocks for use in new products or as fuel4 7#c7 ,covered products ,the term covered plastic means-- 7,a7 ethylene2 7,b7 propylene2 7,c7 polyethylene in any form 7including pellets1 resin1 nurdle1 powder1 and flakes72 7,d7 polypropylene in any form 7including pellets1 resin1 nurdle1 powder1 and flakes72 7,e7 polyvinyl chloride in any form 7including pellets1 resin1 nurdle1 powder1 and flakes72 or 7,f7 other plastic polymer raw materials in any form 7including pellets1 resin1 nurdle1 powder1 and flakes74 7#d7 ,environmental justice ,the term environmental justice means the fair treatment and meaningful involvement of all individuals1 regardless of race1 color1 national origin1 educational level1 or income1 with respect to the development1 implementation1 and enforcement of environmental laws1 regulations1 and policies to ensure that-- 7,a7 communities of color1 indigenous communities1 and low-income communities have access to public information and opportunities for meaningful public participation with respect to human health and environmental planning1 regulations1 and enforcement2 7,b7 no community of color1 indigenous community1 or low-income community is exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards2 and 7,c7 the #ag principles described in the document entitled ,the ,principles of ,environmental ,justice1 written and adopted at the ,first ,national ,people of ,color ,environmental ,leadership ,summit held on ,october #bd through #bg1 #aiia1 in ,washington1 ,,dc1 are upheld4 7#e7 ,fenceline monitoring ,the term fenceline monitoring means continuous1 real-time monitoring of ambient air quality around the entire perimeter of a facility4 7#f7 ,frontline community 7,a7 ,in general ,the term frontline community means a community located near a covered facility that has experienced systemic socioeconomic disparities or other forms of injustice4 7,b7 ,inclusions ,the term frontline community includes a low-income community1 a community that includes indigenous peoples1 and a community of color4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,army1 acting through the ,chief of ,engineers4 7#h7 ,single-use plastic 7,a7 ,in general ,the term single-use plastic means a plastic product or packaging that is routinely disposed of1 recycled1 or otherwise discarded after a single use4 7,b7 ,exclusions ,the term single-use plastic does not include-- 7i7 medical food1 supplements1 devices1 or other products determined by the ,secretary of ,health and ,human ,services to necessarily be made of plastic for the protection of public health2 or 7ii7 packaging that is-- 7,i7 for any product described in clause 7i72 or 7,,ii7 used for the shipment of hazardous materials that is prohibited from being composed of used materials under section #agh4eji or section #agh4ebb of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#i7 ,temporary pause period ,the term temporary pause period means the period-- 7,a7 beginning on the date of enactment of this ,act2 and 7,b7 ending on the date that is the first date on which all regulations required under subsections 7d7 and 7e7 are in effect4 7#aj7 ,zero-emissions energy ,the term zero-emissions energy means renewable energy the production of which emits no greenhouse gases at the production source4 7b7 ,temporary pause ,during the temporary pause period1 notwithstanding any other provision of law-- 7#a7 the ,administrator shall not issue a new permit for a covered facility under-- 7,a7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 or 7,b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7#b7 the ,secretary shall not issue a new permit for a covered facility under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd72 7#c7 the ,administrator shall object in writing under subsections 7b7 and 7c7 of section #eje of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa;d7 or section #djb7;d77#b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7;d77#b771 as applicable1 to any new permit issued to a covered facility by a ,state agency delegated authority under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 or the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7#d7 subject to subsection 7g71 the export of covered products is prohibited4 7c7 ,study 7#a7 ,in general 7,a7 ,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-- 7i7 the existing and planned expansion of the industry of the producers of covered products1 including the entire supply chain1 end uses1 disposal fate1 and lifecycle impacts of covered products2 7ii7 the environmental justice and pollution impacts of covered facilities and the products of covered facilities2 7iii7 the existing standard technologies and practices of covered facilities with respect to the discharge and emission of pollutants into the environment2 and 7iv7 the best available technologies and practices that reduce or eliminate the environmental justice and pollution impacts of covered facilities and the products of covered facilities4 7,b7 ,failure to enter agreement ,if the ,administrator fails to enter into an agreement described in subparagraph 7,a71 the ,administrator shall conduct the study described in that subparagraph4 7#b7 ,requirements ,the study under paragraph 7#a7 shall-- 7,a7 consider-- 7i7 the direct1 indirect1 and cumulative environmental impacts of the industries of covered facilities to date2 and 7ii7 the impacts of the planned expansion of those industries1 including local1 regional1 national1 and international air1 water1 waste1 climate change1 public health1 and environmental justice impacts of those industries2 and 7,b7 recommend technologies1 standards1 and practices to remediate or eliminate the local1 regional1 national1 and international air1 water1 waste1 climate change1 public health1 and environmental justice impacts of covered facilities and the industries of covered facilities4 7#c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report describing the results of the study under paragraph 7#a74 7d7 ,clean air 7#a7 ,timely revision of emissions standards ,section #aaa7;b77#a77;,b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;b77#a77;,b77 is amended by striking the fifth sentence4 7#b7 ,national source performance standards implementation improvements 7,a7 ,zero-emissions energy ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule requiring that-- 7i7 covered facilities that manufacture olefins1 including ethylene and propylene1 use only zero-emissions energy sources1 except to the extent that waste gases are recycled2 and 7ii7 covered facilities that manufacture low-density polyethylene1 linear low-density polyethylene1 high-density polyethylene1 styrene1 vinyl chloride1 or synthetic organic fibers use only zero-emissions energy sources1 except to the extent that waste gases are recycled1 unless the ,administrator-- 7,i7 determines that under certain conditions 7such as during the commencement or shut down of production at a covered facility71 expenditures of energy that are not from zero-emissions energy sources are required2 and 7,,ii7 publishes the determination under subclause 7,i7 and a proposed mixture of zero-emissions energy and non-zero-emissions energy for those conditions in a rulemaking4 7,b7 ,new source performance standards for certain facilities ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule-- 7i7 designating ethylene1 propylene1 polyethylene1 and polypropylene production facilities as a category of stationary source under section #aaa7;b77#a77;,a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;b77#a77;,a772 and 7ii7 establishing new source performance standards for the category of stationary source designated under clause 7i7 under section #aaa7;f77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;f77#a774 7,c7 ,storage vessels for covered products ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule modifying section #fj4aab;b7a7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that an owner or operator of a storage vessel containing liquid with a vapor pressure of equal to or more than #e millimeters of mercury under actual storage conditions that is regulated under that section uses-- 7i7 an internal floating roof tank connected to a volatile organic compound control device2 or 7ii7 a fixed-roof tank connected to a volatile organic compound control device4 7,d7 ,flaring ,not later than #cj days after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule-- 7i7 modifying title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that flaring1 either at ground-level or elevated1 shall only be permitted when necessary solely for safety reasons2 and 7ii7 modifying sections #fj4aab;b7a77#c77;ii71 #fj4aae;b7d77#a71 #fj4dhb-aj;a7d71 #fj4ffb7;b71 #fj4gjb7;b71 and #fj4efb-a7;a77#a77;i77,c7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that-- 7,i7 references to flare standards under those sections refer to the flare standards established under clause 7i72 and 7,,ii7 the flare standards under those sections are1 without exception1 continuously applied4 7,e7 ,,socmi equipment leaks ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule-- 7i7 modifying section #fj4dhb-a;a of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that1 whenever possible1 owners and operators use process units and components with a leak-less or seal-less design2 7ii7 modifying section #fj4dhb-a;a7f7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that owners and operators use optical gas imaging monitoring pursuant to section #fj4ecig;a of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 on a quarterly basis1 unless the owner or operator receives approval from the ,administrator in writing to use ,method #ba of the ,environmental ,protection ,agency 7as described in appendix ,a-#g of part #fj of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act77 with a repair threshold of #ejj parts per million2 7iii7 modifying #fj4dhb-f;a of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 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 reasons2 and 7iv7 modifying subpart ,v,va of part #fj of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that-- 7,i7 the term no detectable emissions is defined to mean an instrument reading of less than #ej parts per million above background concentrations2 and 7,,ii7 the term leak is defined to mean an instrument reading of greater than or equal to #ej parts per million above background concentrations4 7,f7 ,natural-gas fired steam boilers ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule revising subpart ,db of part #fj of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that boilers or heaters located at an affected covered facility regulated under that subpart may only burn gaseous fuels1 not solid fuels or liquid fuels4 7,g7 ,monitoring ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule revising subparts ,,ddd1 ,,nnn1 ,,rrr1 and other relevant subparts of part #fj of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act7-- 7i7 to require continuous emissions monitoring of nitrogen oxides1 sulfur dioxide1 carbon monoxide1 and filterable particulate matter for all combustion devices except for non-enclosed flares1 including during startups1 shutdowns1 and malfunctions of the facilities regulated by those subparts2 7ii7 to require-- 7,i7 accurate and continuous recordkeeping when continuous monitoring is required under clause 7i72 and 7,,ii7 the records required under subclause 7,i7 to be made available to the public2 and 7iii7 to require fenceline monitoring under section #fc4feh of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 for nitrogen oxides1 sulfur dioxide1 carbon monoxide1 filterable and condensable particulate matter1 and all other relevant hazardous air pollutants4 7#c7 ,national emission standards for hazardous air pollutants implementation improvements 7,a7 ,equipment leaks of benzene ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule modifying section #fa4aab of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 that strikes subsection 7c74 7,b7 ,benzene waste operations ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule modifying subpart ,,ff of part #fa of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that-- 7i7 the term no detectable emissions is defined to mean an instrument reading of less than #ej parts per million above background concentrations2 and 7ii7 the term leak is defined to mean an instrument reading of greater than or equal to #ej parts per million above background concentrations4 7,c7 ,maximum achievable control technology standards for covered facilities ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall-- 7i7 promulgate a final rule modifying subpart ,,yy of part #fc of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that-- 7,i7 the generic maximum achievable control technology standards described in that subpart-- 7aa7 require no detectable emissions of hazardous air pollutants1 unless the ,administrator-- 7,,aa7 determines that the maximum degree of reduction in emissions of hazardous air pollutants achievable pursuant to section #aab7;d77#b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7;d77#b77 justifies higher limits2 and 7,,bb7 publishes the determination under subitem 7,,aa7 and the proposed higher limits in a rulemaking2 7bb7 ensure an ample margin of safety to protect public health and prevent an adverse environmental effect2 and 7cc7 prevent adverse cumulative effects to fetal health1 the health of children1 and the health of vulnerable subpopulations2 and 7,,ii7 the term no detectable emissions1 as required under subclause 7,i77aa71 is defined to mean an instrument reading of less than #ej parts per million above background concentrations2 and 7ii7 in promulgating the final rule required in clause 7i77,i71 consider-- 7,i7 the effects and risks of exposure from multiple sources of hazardous air pollutants under the subpart modified under that clause2 and 7,,ii7 the best available science1 including science provided by the ,national ,academies of ,science4 7e7 ,clean water 7#a7 ,revised effluent limitation guidelines for the organic chemical1 plastics1 and synthetic fibers industrial category 7,a7 ,,bat and ,,nsps standards for plastic polymer production ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule-- 7i7 that ensures that the best available technology limitations described in part #dad of title #dj1 ,code of ,federal ,regulations 7as modified under clause 7ii771 applies to covered facilities that produce fewer than #e1jjj1jja pounds of covered products per year2 7ii7 modifying part #dad of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 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 products1 including pollutants of concern that are not regulated on the date of enactment of this ,act2 and 7iii7 modifying sections #dad4ia7;b71 #dad4aja7;b71 and #dad4aaa7;b7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that-- 7,i7 for new source performance standards for applicable covered facilities producing covered products1 the maximum effluent limit for any #a day and for any monthly average for the priority pollutants described in appendix ,a to part #dbc of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 is #j milligrams per liter unless the ,administrator-- 7aa7 determines that higher limits are justified using best available demonstrated control technology2 and 7bb7 publishes the determination under item 7aa7 and the proposed higher limits in a rulemaking2 and 7,,ii7 for best available technology and new source performance standards1 the maximum effluent limit for any #a day and for any monthly average for total plastic pellets and other plastic material is #j milligrams per liter4 7,b7 ,effluent limitations for runoff from plastic polymer production and plastic molding and forming facilities ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule modifying parts #dad and #dfc of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that-- 7i7 the runoff from facilities regulated under part #dad or #dfc of that title contains1 for any #a day and for any monthly average1 #j milligrams per liter of plastic pellets or other plastic materials2 and 7ii7 the requirement under clause 7i7 is reflected in all stormwater and other permits issued by the ,administrator and ,state-delegated programs under section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb71 in addition to other applicable limits and standards4 7,c7 ,effluent limitations for runoff from facilities that transport and package plastic pellets or other plastic materials ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall-- 7i7 identify1 in addition to the facilities described in subparagraph 7,b77i71 other sources of runoff or other pollution consisting of plastic pellets or other plastic materials into navigable waters 7as defined in section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb772 and 7ii7 promulgate a final rule that-- 7,i7 limits the discharge of plastic pellets or other plastic materials in wastewater and runoff from facilities identified under clause 7i7 to1 for any #a day and for any monthly average1 #j milligrams per liter2 and 7,,ii7 requires the limitation under subclause 7,i7 to be reflected in all stormwater and other permits issued by the ,administrator and ,state-delegated programs under section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb71 in addition to other applicable limits and standards4 7#b7 ,revised effluent limitations guidelines for ethylene and propylene production 7,a7 ,,bat and ,,nsps standards ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule-- 7i7 modifying sections #dai4bc1 #dai4bf1 #dai4cc1 and #dai4cf of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that the best available technology and new source performance standards reflect updated best available technology and best available demonstrated control technology for all pollutants discharged by covered facilities producing ethylene or propylene2 and 7ii7 modifying sections #dai4bf7;a7 and #dai4cf7;a7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that the new source performance standards for any #a day and for average of daily values for #cj consecutive days for the priority pollutants described in appendix ,a to part #dbc of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 is #j milligrams per liter unless the ,administrator-- 7,i7 determines that higher limits are justified using best available demonstrated control technology2 and 7,,ii7 the ,administrator publishes the determination under item 7aa7 and the proposed higher limits in a rulemaking4 7,b7 ,runoff limitations for ethylene and propylene production ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule modifying sections #dai4bf7;e7 and #dai4cf7;e7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that runoff limitations that reflect best available demonstrated control technology are included4 7f7 ,environmental justice requirements for covered facility permits 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule to ensure that-- 7,a7 any proposed permit to be issued by the ,administrator or by a ,state agency delegated authority under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 or the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 with respect to a covered facility is accompanied by an environmental justice assessment that-- 7i7 assesses the direct and cumulative economic1 environmental1 and public health impacts of the proposed permit on frontline communities2 and 7ii7 proposes changes or alterations to the proposed permit that would1 to the maximum extent practicable1 eliminate or mitigate the impacts described in clause 7i72 7,b7 each proposed permit and environmental justice assessment described in subparagraph 7,a7 is delivered to applicable frontline communities at the beginning of the public comment period for the proposed permit1 which shall include notification through-- 7i7 direct means2 and 7ii7 publications likely to be obtained by residents of the frontline community2 7,c7 the ,administrator or a ,state agency delegated authority under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 or the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 as applicable1 shall not approve a proposed permit described in subparagraph 7,a7 unless-- 7i7 changes or alterations have been incorporated into the proposed permit that1 to the maximum extent practicable1 eliminate or mitigate the environmental justice impacts described in subparagraph 7,a77i72 and 7ii7 the changes or alterations described in clause 7i7 have been developed with input from residents or representatives of the frontline community in which the covered facility to which the proposed permit would apply is located or seeks to locate2 and 7,d7 the approval of a proposed permit described in subparagraph 7,a7 is conditioned on the covered facility providing comprehensive fenceline monitoring and response strategies that fully protect public health and safety and the environment in frontline communities4 7#b7 ,requirement ,the ,administrator shall develop the final rule required under paragraph 7#a7 with input from-- 7,a7 residents of frontline communities2 and 7,b7 representatives of frontline communities4 7g7 ,extended producer responsibility for international plastic exports ,the temporary pause on the export of covered products under subsection 7b77#d7 shall remain in place until the ,secretary of ,commerce promulgates a final rule that-- 7#a7 requires the tracking of covered products from sale to disposal2 7#b7 prohibits the export of covered products to purchasers that convert those plastics into single-use plastics2 7#c7 requires the ,secretary of ,commerce1 not less frequently than once every #b years and in consultation with the ,administrator and the ,secretary of ,health and ,human ,services1 to publish a report measuring and evaluating the environmental and environmental justice impacts of exporting covered products from sale to disposal2 and 7#d7 establishes enforceable mechanisms for sellers or purchasers of covered products to mitigate the environmental and environmental justice impacts of those covered products from sale to disposal4