,,ii #aahth ,,congress #b;d ,session ,s4 #daid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ah1 #bjbd,mr4 ,booker 7for himself1 ,mr4 ,merkley1 ,mr4 ,van ,hollen1 ,mr4 ,sanders1 ,mr4 ,durbin1 ,mr4 ,welch1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to require the ,administrator of the ,environmental ,protection ,agency to carry out certain activities to protect communities from the harmful effects of plastics1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,communities from ,plastics ,act of #bjbd4 #b4 ,findings ,congress finds that-- 7#a7 plastics production is exacerbating the climate crisis and driving environmental injustice in vulnerable communities located near petrochemical facilities2 7#b7 plastics production is on track to double in the decade beginning on the date of enactment of this ,act1 locking in harmful emissions for decades2 7#c7 plastics and other petrochemicals are forecasted to become the largest driver of oil and hydraulically fractured gas demand by #bjej2 7#d7 some studies have projected that the plastics industry will emit more greenhouse gas emissions than coal plants in the ,united ,states by #bjcj2 7#e7 petrochemical facilities that produce plastics are more likely to be located in low-income communities and communities of color1 disproportionately exposing those communities to harmful pollutants2 7#f7 plastics production and certain disposal facilities pollute surrounding communities with chemicals that are known to cause cancer1 birth defects1 and other serious illnesses2 7#g7 transitioning from the use of fossil fuels for power generation and transportation only to replace that demand with more fossil fuel-based plastics production-- 7,a7 is not a viable strategy2 and 7,b7 fails to protect communities2 7#h7 plastics carry impacts throughout the lifecycle1 including the impacts of-- 7,a7 oil and gas extraction2 7,b7 plastics refining1 manufacturing1 and certain methods of disposal2 and 7,c7 resulting plastics pollution in communities and the environment1 where the degrading plastics-- 7i7 leach chemical additives2 and 7ii7 emit greenhouse gases2 7#i7 addressing the plastics crisis requires a shift away from single-use plastics in nonessential settings2 7#aj7 technologies that convert plastics to fuel1 use plastics for energy generation1 generate feedstocks for the chemical industry1 or produce hazardous waste and toxic air pollution are not a sustainable solution to the plastics crisis2 and 7#aa7 the projected impacts of climate change1 including rising sea levels1 heat1 and extreme weather1 pose physical risks to facilities involved in plastics production and disposal1 which can increase the risk of accidents1 additional emissions1 and other negative impacts on surrounding communities4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 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 container that-- 7i7 is designed to hold a beverage2 7ii7 is made of any material1 including glass1 plastic1 and metal2 and 7iii7 has a volume of not more than #c liters4 7,b7 ,exclusions ,the term beverage container does not include-- 7i7 a carton2 7ii7 a pouch2 or 7iii7 aseptic packaging1 such as a drink box4 7#d7 ,community of color ,the term community of color means a geographically distinct area in which the percentage of the population of the community represented by people of color is higher than the percentage of the population of the ,state represented by people of color4 7#e7 ,consultation ,the term consultation means the meaningful and timely process of-- 7,a7 seeking1 discussing1 and carefully considering the views of fenceline communities in a manner that is cognizant of the values of all parties2 and 7,b7 when feasible1 seeking agreement among the parties4 7#f7 ,covered facility ,the term covered facility means-- 7,a7 an industrial facility that transforms petrochemical gas and liquids into ethylene and propylene for later conversion into plastic polymers2 7,b7 an industrial facility that transforms ethylene and propylene into any other chemical for later conversion into plastic polymers2 7,c7 a plastic polymerization1 monomer1 polymer1 or resin production facility2 7,d7 an industrial facility that depolymerizes or otherwise breaks down plastic polymers into chemical feedstocks for use in new products or as fuel2 7,e7 an industrial facility that converts1 including through pyrolysis or gasification1 plastic polymers into chemical feedstocks2 7,f7 an industrial facility that generates fuel or energy from plastic polymers through waste-to-fuel technology1 an incinerator1 pyrolysis1 gasification1 or other similar technology1 as determined by the ,administrator2 and 7,g7 an industrial facility that produces a chemical feedstock for use in the plastics manufacturing industry4 7#g7 ,covered product ,the term covered product means-- 7,a7 ethylene2 7,b7 propylene2 and 7,c7 raw plastic materials in any form1 including pellets1 resin1 nurdles1 powder1 and flakes1 including-- 7i7 polyethylene terephthalate 7commonly referred to as ,,pet or ,,pete72 7ii7 high-density polyethylene 7commonly referred to as ,,hdpe72 7iii7 low-density polyethylene 7commonly referred to as ,,ldpe72 7iv7 polypropylene 7commonly referred to as ,,pp72 7v7 polyvinyl chloride 7commonly referred to as ,,pvc72 7vi7 polystyrene 7commonly referred to as ,,ps72 and 7vii7 any other plastic polymer determined to be appropriate by the ,administrator4 7#h7 ,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 with significant populations of racial minorities1 communities of color1 ,indigenous communities1 and low-income communities have full 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 described in subparagraph 7,a7 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 convened on ,october #bd through #bg1 #aiia1 in ,washington1 ,,dc1 are upheld4 7#i7 ,fenceline community 7,a7 ,in general ,the term fenceline community means a community located near a covered facility that has experienced1 as a result of that location-- 7i7 negative impacts on human health and the environment2 and 7ii7 systemic socioeconomic disparity or another form of injustice with respect to policies1 regulations1 or enforcement4 7,b7 ,inclusions ,the term fenceline community includes a low-income community1 an ,indigenous community1 and a community of color4 7#aj7 ,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 stirrer2 7,d7 a drink cup2 7,e7 a drink lid2 7,f7 a food package2 7,g7 a food container2 7,h7 a hinged or lidded container 7commonly known as a clamshell72 7,i7 a plate2 7,j7 a bowl2 7,k7 a meat1 fish1 seafood1 or vegetable tray2 7,l7 a food wrapper2 and 7,m7 a beverage container4 7#aa7 ,indigenous community ,the term ,indigenous community means-- 7,a7 a federally recognized ,indian ,tribe2 7,b7 a ,state-recognized ,indian ,tribe2 7,c7 an ,alaska ,native or ,native ,hawaiian community or organization2 and 7,d7 any other community of ,indigenous individuals1 including communities in other countries4 7#ab7 ,limited english proficiency individual ,the term limited ,english proficiency individual means an individual that-- 7,a7 does not speak ,english as their primary language2 or 7,b7 has a limited ability to read1 speak1 write1 or understand ,english4 7#ac7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with an annual household income equal to1 or less than1 the greater of-- 7,a7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,secretary of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#ad7 ,material recovery facility ,the term material recovery facility means a solid waste management facility that processes materials for reuse or recycling4 7#ae7 ,meaningful ,the term meaningful1 with respect to involvement by the public in a determination by a ,federal agency1 means that-- 7,a7 potentially affected residents of a community have an appropriate opportunity to participate in decisions relating to a proposed activity that will affect the environment or public health of the community2 7,b7 the public contribution can influence the determination by the ,federal agency2 7,c7 the concerns of all participants are taken into consideration in the decisionmaking process2 and 7,d7 the ,federal agency-- 7i7 provides to potentially affected members of the public accurate information1 including identifying limited ,english proficiency individuals who need language assistance1 implementing accessible language assistance measures1 and providing notice to limited ,english proficiency individuals for effective engagement in decisions2 and 7ii7 facilitates the involvement of potentially affected members of the public4 7#af7 ,packaging 7,a7 ,in general ,the term packaging means-- 7i7 any package or container1 regardless of recyclability or compostability2 and 7ii7 any separable and distinct material component1 regardless of recyclability or compostability1 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 an item described in subparagraph 7,a7 that is-- 7,i7 sales packaging or primary packaging intended for the consumer market2 7,,ii7 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 products2 7,,iii7 secondary packaging used to group products for multiunit sale2 or 7,,iv7 tertiary packaging used for transportation or distribution directly to a consumer2 and 7ii7 any ancillary element that is-- 7,i7 hung on1 or attached to1 a product2 and 7,,ii7 performing a packaging function4 7,c7 ,exclusion ,the term packaging does not include an item described in subparagraph 7,a7 or 7,b7 that-- 7i7 is used for the long-term protection or storage of a product2 and 7ii7 has a useful life of not less than #e years1 as determined by the ,administrator4 7#ag7 ,physical climate risks 7,a7 ,in general ,the term physical climate risks means risks to covered facilities and the operations of covered facilities that result from exposure to physical climate-related effects1 including-- 7i7 increased average global temperatures2 7ii7 increased severity and frequency of extreme weather events2 7iii7 increased flooding2 7iv7 sea-level rise2 7v7 increased severity and frequency of heat waves2 7vi7 increased frequency of wildfires2 7vii7 decreased arability of farmland2 and 7viii7 decreased availability of fresh water4 7,b7 ,inclusions ,the term physical climate risks includes the risk of additional emissions1 accidents1 failure of hazardous waste containment1 and other risks resulting from the exposure of covered facilities and the operations of covered facilities to physical climate-related effects4 7#ah7 ,plastic 7,a7 ,in general ,the term plastic means a synthetic or semisynthetic material that-- 7i7 is synthesized by the polymerization of organic substances2 and 7ii7 is capable of being shaped into various rigid and flexible forms4 7,b7 ,inclusions ,the term plastic includes coatings and adhesives described in subparagraph 7,a74 7,c7 ,exclusions ,the term plastic does not include-- 7i7 natural rubber2 or 7ii7 naturally occurring polymers1 such as proteins or starches4 7#ai7 ,producer 7,a7 ,in general ,the term producer means an entity that-- 7i7 7,i7 manufactures a covered product or beverage container2 and 7,,ii7 owns1 or is a licensee of1 the brand or trademark under which that covered product or beverage container is-- 7aa7 used in a commercial enterprise in the ,united ,states2 7bb7 sold or offered for sale in the ,united ,states2 or 7cc7 distributed in the ,united ,states2 7ii7 if no entity described in clause 7i7 exists with respect to a covered product or beverage container1 owns or1 if the owner is not located in the ,united ,states1 is the exclusive licensee of a brand or trademark under which the covered product or beverage container is used in a commercial enterprise1 sold or offered for sale1 or distributed1 in the ,united ,states2 or 7iii7 if no entity described in clause 7i7 or 7ii7 exists with respect to a covered product or beverage container1 sells1 offers for sale1 or distributes the covered product or beverage container in the ,united ,states4 7,b7 ,exclusion ,the term producer does not include an entity that produces1 harvests1 and packages an agricultural commodity on the site where the agricultural commodity was grown or raised4 7,c7 ,related definitions ,for purposes of subparagraph 7,a73 7i7 ,licensee ,the term licensee means an entity that holds the exclusive right to use a trademark or brand in the ,united ,states in connection with the manufacture1 sale1 or distribution of a covered product or beverage container4 7ii7 ,manufacture ,the term manufacture1 with respect to a beverage container1 means to bottle1 can1 or otherwise fill a beverage container for sale to-- 7,i7 distributors distributing beverage containers to retailers2 7,,ii7 importers2 or 7,,iii7 retailers4 7iii7 ,sale ,the term sale includes the delivery of a covered product or beverage container to a purchaser in the ,united ,states4 7#bj7 ,refill2 refillable2 reusable2 reuse ,the terms refill1 refillable1 reusable1 and reuse mean-- 7,a7 with respect to packaging or a food service product that is reused or refilled by a producer1 that the packaging or food service product is-- 7i7 explicitly designed and marketed to be utilized for not less than the number of cycles that the ,administrator determines to be appropriate1 for the same product1 or for another purposeful packaging use in a supply chain2 7ii7 designed for durability to function properly in original condition for multiple cycles2 7iii7 composed of materials that do not contain-- 7,i7 toxic heavy metals2 7,,ii7 pathogens2 7,,iii7 additives2 or 7,,iv7 toxic substances or chemical substances designated as high-priority substances under section #f7;b77#a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7;b77#a771 including the chemicals or mixtures of chemicals described in section #d7;f77#c72 7iv7 supported by adequate infrastructure to ensure that the packaging or food service product can be conveniently and safely reused or refilled for multiple cycles2 and 7v7 repeatedly recovered1 inspected1 and repaired1 if necessary1 and reissued into the supply chain for reuse or refill for multiple cycles2 and 7,b7 with respect to packaging or a food service product that is reused or refilled by a consumer1 that the packaging or food service product is-- 7i7 explicitly designed and marketed to be utilized for not less than the number of cycles that the ,administrator determines to be appropriate1 for the same product2 7ii7 designed for durability to function properly in its original condition for multiple cycles2 7iii7 composed of materials that do not contain-- 7,i7 toxic heavy metals2 7,,ii7 pathogens2 7,,iii7 additives2 or 7,,iv7 toxic substances or chemical substances designated as high-priority substances under section #f7;b77#a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7;b77#a771 including the chemicals or mixtures of chemicals described in section #d7;f77#c72 and 7iv7 supported by adequate and convenient availability of1 and retail infrastructure for1 bulk or large format packaging that may be refilled to ensure the packaging or food service product can be conveniently and safely reused or refilled by the consumer for multiple cycles1 as needed4 7#ba7 ,single-use plastic 7,a7 ,in general ,the term single-use plastic means a plastic product or packaging that-- 7i7 is routinely disposed of1 recycled1 or otherwise discarded after a single use2 or 7ii7 is not sufficiently durable or washable to be1 or is not intended to be1 reusable or refillable4 7,b7 ,exclusions ,the term single-use plastic does not include-- 7i7 medical equipment1 medical devices1 consumer personal protective equipment1 or other products determined by the ,secretary of ,health and ,human ,services to necessarily be made of plastic for the protection of public health or for people with disabilities2 7ii7 packaging that is-- 7,i7 for any product described in clause 7i7 that is determined by the ,secretary of ,health and ,human ,services to necessarily be used for the protection of public health or for people with disabilities2 or 7,,ii7 used for the shipment of hazardous materials1 such that the packaging 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 ,act72 or 7iii7 personal hygiene products that1 due to the intended use of the products1 could become unsafe or unsanitary to recycle1 such as diapers4 7#bb7 ,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-- 7i7 all regulations and final rules required under subsections 7c71 7d71 and 7e7 of section #d are in effect2 and 7ii7 the amendments made by subsection 7h7 of that section are fully implemented4 7#bc7 ,toxic substance 7,a7 ,in general ,the term toxic substance means any substance1 mixture1 or compound that-- 7i7 may cause-- 7,i7 personal injury or disease to humans through ingestion1 inhalation1 or absorption through any body surface2 or 7,,ii7 adverse impacts on the environment2 and 7ii7 satisfies #a or more of the conditions described in subparagraph 7,b74 7,b7 ,conditions ,the conditions referred to in subparagraph 7,a77ii7 are the following3 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 ,the ,national ,institute for ,occupational ,safety and ,health1 the ,occupational ,safety and ,health ,administration1 the ,national ,toxicology ,program1 the ,centers for ,disease ,control and ,prevention1 the ,administrator of ,health and ,human ,services1 the ,national ,institute for ,environmental ,health ,sciences1 or the ,environmental ,protection ,agency has established that the substance1 mixture1 or compound poses an acute or chronic health hazard1 including developmental1 reproductive1 or endocrine effects4 7iii7 ,the ,national ,institute for ,occupational ,safety and ,health or the ,environmental ,protection ,agency has recognized that the substance1 mixture1 or compound may increase the risk of developing a latent disease4 7iv7 ,the substance1 mixture1 or compound is-- 7,i7 a perfluoroalkyl or polyfluoroalkyl substance2 7,,ii7 an orthophthalate2 7,,iii7 a bisphenol compound 7but not including an alkyl-substituted bisphenol compound generated through a xylenol-aldehyde process72 7,,iv7 a halogenated or nanoscale flame-retardant chemical2 7,v7 ,,uv #cbh 7#b-7b;,h-benzotriazol-#b-yl7-#d1f-;di-t ert-pentylphenol72 7,,vi7 a chlorinated paraffin2 7,,vii7 listed as a persistent organic pollutant by the ,stockholm ,convention on ,persistent ,organic ,pollutants2 7,,viii7 given an overall carcinogenicity evaluation of ,group #a1 ,group #b;,a1 or ,group #b;,b by the ,international ,agency for ,research on ,cancer2 or 7,,ix7 listed as a toxic1 poisonous1 explosive1 corrosive1 flammable1 ecotoxic1 or infectious waste by the ,basel ,convention on the ,control of ,transboundary ,movements of ,hazardous ,wastes and ,their ,disposal1 done at ,basel1 ,switzerland1 ,march #bb1 #aihi4 7v7 ,the substance1 mixture1 or compound is a chemical or chemical class that1 as determined by the ,administrator1 has been identified by a ,federal agency1 ,state agency1 or international intergovernmental agency as being #a or more of the following3 7,i7 ,a carcinogen1 mutagen1 reproductive toxicant1 immunotoxicant1 neurotoxicant1 or endocrine disruptor4 7,,ii7 ,a persistent bioaccumulative4 7,,iii7 ,a chemical or chemical class that may-- 7aa7 harm the normal development of a fetus or child or cause other developmental toxicity in humans or wildlife2 7bb7 harm organs or cause other systemic toxicity2 or 7cc7 have an adverse impact on-- 7,,aa7 air quality2 7,,bb7 ecology2 7,,cc7 soil quality2 or 7,,dd7 water quality4 7,,iv7 ,a chemical or chemical class that has toxicity equivalent to the toxicity reflected in a criterion described in any of subclauses 7,i7 through 7,,iii74 7#bd7 ,translation services ,the term translation services means professional language translation and interpretation for oral communications1 and translation for written documents and notices1 in any language spoken by more than #e percent of the population residing within a fenceline community4 #d4 ,environmental justice protections at covered facilities 7a7 ,national academies study of plastics industry 7#a7 ,agreement 7,a7 ,in general ,the ,administrator shall offer to enter into an agreement with the ,national ,academy of ,sciences and the ,national ,institutes of ,health to conduct a study of-- 7i7 the existing and planned expansion of the industry of producers of covered products1 including the entire supply chain1 the extraction and refining of fossil fuels and polymer feedstocks1 chemical recycling efforts1 end uses1 disposal fate1 and lifecycle impacts of covered products2 7ii7 the environmental1 public health1 environmental justice1 and pollution impacts of covered facilities and the products of covered facilities2 7iii7 the use of additives in the production of covered products and the consequences of those additives on public health2 7iv7 the existing standard technologies and practices of covered facilities with respect to the discharge and emission of pollutants into the environment2 7v7 the best available technologies and practices that reduce or eliminate the environmental justice and pollution impacts of covered facilities1 associated infrastructure of covered facilities1 and the products of covered facilities2 and 7vi7 the toxicity of plastic polymers1 additives1 and chemicals 7including byproducts71 including the impacts of those polymers1 additives1 and chemicals on-- 7,i7 public health2 7,,ii7 the recyclability of plastic2 and 7,,iii7 the ability to use recycled content4 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 take into consideration-- 7i7 the direct1 indirect1 and cumulative environmental impacts of industries1 including plastic production industries1 chemical recycling industries1 and the industries of other covered facilities2 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 7iii7 7,i7 the impacts of physical climate risks on the environmental1 public health1 environmental justice1 and pollution risks posed by covered facilities and the products of covered facilities2 and 7,,ii7 the effectiveness of best available technologies to reduce or eliminate those environmental1 public health1 and environmental justice and pollution risks2 and 7,b7 recommend technologies1 regulations1 standards1 and practices1 including recommendations for technologies1 regulations1 standards1 and practices that will best carry out the regulatory modifications required under subsections 7c71 7d71 and 7f71 to remediate or eliminate the local1 regional1 national1 and international air1 water1 waste1 climate change1 public health1 and environmental justice impacts of the industries described in subparagraph 7,a77i74 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 7#d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,national ,academy of ,sciences and the ,national ,institutes of ,health such sums as are necessary to carry out this subsection4 7b7 ,permitting moratorium for covered facilities 7#a7 ,in general ,subject to paragraph 7#b71 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-- 7i7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 or 7ii7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,b7 the ,secretary of the ,army1 acting through the ,chief of ,engineers1 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 the export of covered products is prohibited4 7#b7 ,exception ,paragraph 7#a7 does not apply to a permit described in that paragraph for a facility that is-- 7,a7 a material recovery facility2 7,b7 a mechanical recycling facility2 or 7,c7 a compost facility4 7c7 ,clean air requirements for covered facilities 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 ,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-- 7,a7 designating petrochemical feedstock and polymer 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 7,b7 establishing new source performance standards under section #aaa7;f77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;f77#a77 for the category of stationary source designated under subparagraph 7,a74 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 ,regulations1 to ensure that an owner or operator of a storage vessel containing liquid with a vapor pressure equal to or more than #e millimeters of mercury under actual storage conditions that is regulated under that section uses-- 7,a7 an internal floating roof tank connected to a volatile organic compound control device2 or 7,b7 a fixed-roof tank connected to a volatile organic compound control device4 7#d7 ,flaring ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule-- 7,a7 modifying title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that flaring1 at ground-level and elevated1 shall only be permitted when necessary solely for safety reasons2 and 7,b7 modifying sections #fj4aab;b7a77#c77;ii71 #fj4aae;b7d77#a71 #fj4dhb-aj;a7d71 #fj4efb-a7;a77#a77;i77,c71 #fj4ffb7;b71 and #fj4gjb7;b7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 to ensure that-- 7i7 references to flare standards under those sections refer to the flare standards established under subparagraph 7,a72 and 7ii7 the flare standards under those sections are1 without exception1 continuously applied4 7#e7 ,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#f7 ,monitoring ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall promulgate a final rule revising subparts ,,ddd1 ,,nnn1 and ,,rrr 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-- 7,a7 to require continuous emissions monitoring of benzene1 nitrogen oxides1 sulfur dioxide1 carbon monoxide1 other hazardous air pollutants1 and filterable particulate matter for all combustion devices1 including during startups1 shutdowns1 and malfunctions of the facilities regulated by those subparts2 7,b7 to require-- 7i7 accurate and continuous recordkeeping when continuous emissions monitoring is required under subparagraph 7,a72 and 7ii7 the records required under clause 7i7 to be made available to the public in real time2 7,c7 to require continuous monitoring of emissions from combustion devices 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 pollutants2 and 7,d7 to ensure that the continuous monitoring of combustion devices required under subparagraphs 7,a7 and 7,c7 are used to determine the compliance of facilities regulated by those subparts with the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq474 7d7 ,clean water requirements for covered facilities 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-- 7,a7 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 7,b7 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-- 7i7 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 liter1 unless the ,administrator-- 7,i7 determines that higher limits are justified using best available demonstrated control technology2 and 7,,ii7 publishes the determination under subclause 7,i7 and the proposed higher limits in a rulemaking2 and 7ii7 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 liter2 and 7,c7 that ensures that the best available technology limitations described in part #dad of title #dj1 ,code of ,federal ,regulations 7as modified under subparagraph 7,a77 apply to covered facilities that produce fewer than #e1jjj1jja pounds of covered products per year4 7#b7 ,revised effluent limitations guidelines for petrochemical feedstock and polymer 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 petrochemical feedstocks and polymers2 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 liter1 unless the ,administrator-- 7,i7 determines that higher limits are necessary based on the best available demonstrated control technology2 and 7,,ii7 publishes the determination under subclause 7,i7 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 7e7 ,environmental justice requirements for covered facilities 7#a7 ,in general ,not later than #b 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 a ,state agency to which authority is delegated 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 direct1 indirect1 and cumulative economic1 environmental1 and public health impacts of the proposed permit on fenceline communities1 considering conditions in existence on the date of the assessment and the foreseeable impacts of climate change1 including physical climate risks2 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 fenceline communities at the beginning of the public comment period for the proposed permit for purposes of notification and consultation1 which shall include-- 7i7 prompt notification-- 7,i7 through direct means1 including in non-,english languages for limited ,english proficiency individuals2 7,,ii7 through publications likely to be obtained by residents of the fenceline community1 including non-,english language publications2 and 7,,iii7 in the form of a public hearing in the fenceline community-- 7aa7 for which public notice is provided-- 7,,aa7 not later than #fj days before the date on which the public hearing is to be held2 and 7,,bb7 using the means described in subclauses 7,i7 and 7,,ii72 7bb7 for which translation services are provided2 and 7cc7 that is accessible through live-streaming or alternative video streaming services for which translation services are provided2 and 7ii7 after the prompt notification required under clause 7i71 consultation that-- 7,i7 facilitates effective collaboration and informed policymaking that further recognizes the importance of regular communication and collaboration with fenceline communities1 regardless of whether specific regulatory or policy changes are being considered2 7,,ii7 seeks information and input from fenceline communities by soliciting the collaboration1 cooperation1 and participation of those fenceline communities2 7,,iii7 includes an in-person meeting or a telephone conference that-- 7aa7 is in a location1 if applicable1 that is selected by those engaged in the consultation to be mutually accessible to representatives of fenceline communities and applicable ,federal or ,state government participants2 and 7bb7 removes institutional and procedural impediments that adversely affect working directly with fenceline communities2 7,,iv7 ensures that any health or environmental concerns raised by fenceline communities will be properly investigated and considered in decisions to grant or deny the proposed permit2 and 7,v7 explains to the representatives of the fenceline community the range of resulting actions that the ,administrator or ,state agency may take2 7,c7 the ,administrator or a ,state agency to which authority is delegated 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 revised proposed permit that1 to the maximum extent practicable1 eliminate or mitigate the impacts described in subparagraph 7,a77i72 7ii7 the changes or alterations described in clause 7i7 have been developed with meaningful input from residents or representatives of the fenceline community in which the covered facility to which the proposed permit would apply is located or seeks to locate2 and 7iii7 the permit includes a community benefit agreement that-- 7,i7 has been entered into after the prompt notification and consultation required under clauses 7i7 and 7ii71 respectively1 of subparagraph 7,b72 and 7,,ii7 stipulates the benefits the covered facility agrees to fund or furnish in exchange for community support for the covered facility1 which may include-- 7aa7 commitments to hire directly from a community2 7bb7 contributions to economic and health trust funds2 7cc7 local workforce training guarantees2 7dd7 increased pollution control technologies2 7ee7 operation restrictions2 7ff7 financial assurances2 and 7gg7 siting restrictions2 7,d7 the ,administrator or a ,state agency to which authority is delegated 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 during the #de-;day period beginning on the date on which a public hearing described in subparagraph 7,b77i77,,iii7 is held for the proposed permit2 7,e7 the approval of a proposed permit described in subparagraph 7,a7 is conditioned on the covered facility providing-- 7i7 response strategies that fully protect public health and safety and the environment in fenceline communities1 for which the affected fenceline communities have the opportunity to provide meaningful input2 and 7ii7 subject to subparagraph 7,f7-- 7,i7 comprehensive1 continuous1 real-time monitoring of ambient air quality-- 7aa7 around the perimeter of the covered facility2 and 7bb7 in any areas that can reasonably be impacted by the covered facility2 7,,ii7 water quality testing of wastewater discharges from the covered facility2 and 7,f7 regardless of whether a permit has been sought or issued with respect to the chemical1 each covered facility shall conduct appropriate air and water quality monitoring and testing relating to each chemical produced at the covered facility in a quantity of more than #ajj pounds per year1 and each chemical produced at the covered facility that is emitted in excess of the applicable level permitted 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 to ensure that any discharge of such a chemical into the air or water shall be-- 7i7 reported to the ,administrator by not later than #dh hours after receipt of the test result2 and 7ii7 if a release of information to the public is not limited due to confidentiality concerns1 made publicly available in accordance with subclauses 7,i7 and 7,,ii7 of subparagraph 7,b77i74 7#b7 ,requirements 7,a7 ,input ,the ,administrator shall develop the final rule under paragraph 7#a7 with meaningful input from-- 7i7 residents of fenceline communities2 and 7ii7 representatives of fenceline communities4 7,b7 ,community consultation ,in carrying out consultation under paragraph 7#a77;,b77ii71 the ,administrator and each ,state agency to which authority is delegated 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 shall establish a dedicated position that-- 7i7 supports fenceline communities in understanding the technical nuances of the permit and regulatory process2 and 7ii7 accounts for limited ,english proficiency individuals4 7#c7 ,report to congress on state permitting programs ,not later than #b years after the date on which the final rule required under paragraph 7#a7 is published in the ,federal ,register1 and not less frequently than once every #e years thereafter1 the ,administrator shall submit to ,congress a report evaluating the implementation by ,states of required environmental justice considerations pursuant to that final rule in ,state permitting programs under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 and the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq474 7f7 ,toxic substances 7#a7 ,inventory and reporting ,section #h7;b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjg7;b77 is amended by adding at the end the following3 7#aa7 ,plastics 7,a7 ,definitions of covered facility2 covered product2 plastic2 single-use plastic ,in this paragraph1 the terms covered facility1 covered product1 plastic1 and single-use plastic have the meanings given those terms in section #c of the ,protecting ,communities from ,plastics ,act of #bjbd4 7,b7 ,inventory ,not later than ,april #a1 #bjbg1 and every #c years thereafter1 the ,administrator shall prepare1 and publish in the ,federal ,register1 an inventory of plastic manufacturing1 distribution in commerce1 and trade in the ,united ,states4 7,c7 ,process ,in preparing the inventory under subparagraph 7,b71 the ,administrator shall-- 7i7 identify-- 7,i7 each covered facility2 and 7,,ii7 any other manufacturer of plastic products2 7ii7 identify-- 7,i7 the monomers and polymers associated with plastic production2 7,,ii7 the types or uses of plastic products manufactured2 and 7,,iii7 the associated quantities of polymer and product manufacture and uses2 7iii7 quantify the single-use plastics manufactured-- 7,i7 in the aggregate2 and 7,,ii7 by use category2 7iv7 quantify the percentage of post-consumer recycled material content of feedstocks for manufacture of the types of plastic products identified under clause 7ii77,,ii72 7v7 provide information and quantified estimates regarding the fate of the plastic products at the end of useful life2 7vi7 identify the chemicals used in polymer or plastic production that may pose a potential risk to human health and the environment1 taking into account the data reported under subparagraph 7,d77i71 which shall include1 at a minimum1 the information described in subparagraphs 7,a7 through 7,g7 of subsection 7a77#b72 7vii7 specify any chemicals identified under clause 7vi7-- 7,i7 that are undergoing regulatory action under section #f2 or 7,,ii7 for which regulatory action under section #f is anticipated during the following #c years2 7viii7 for each chemical identified under clause 7vi7 that is not specified under clause 7vii71 provide a timetable for regulatory action under section #f and any other recommended actions1 including proposed revisions of ,federal law or regulations1 to achieve further reductions in plastic manufacture or distribution in commerce2 and 7ix7 propose revisions to ,federal law or regulations to achieve further reductions in plastic manufacture or distribution in commerce4 7,d7 ,reporting 7i7 ,in general ,to assist in the preparation of the inventory under subparagraph 7,b71 notwithstanding section #c7b77;,b71 each person that manufactures a covered product used in plastic production1 and each person that manufactures a plastic product1 shall submit to the ,administrator periodic reports at such time and including such information as the ,administrator shall determine1 by rule4 7ii7 ,promulgation of rule ,not later than ,july #a1 #bjbf1 the ,administrator shall promulgate the rule described in clause 7i74 7iii7 ,previously submitted information ,to avoid duplication1 information previously submitted to the ,administrator under this section may be considered to be partially compliant with the reporting requirements of this subparagraph if the information previously submitted is an accurate reflection of the current information4 7iv7 ,public availability ,the ,administrator shall make available to the public1 in an accessible database1 the reports submitted under clause 7i71 in accordance with section #ad4 4 7#b7 ,cumulative health risks posed by covered facilities 7,a7 ,definitions ,in this paragraph3 7i7 ,chemical substance2 mixture ,the terms chemical substance and mixture have the meanings given those terms in section #c of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjb74 7ii7 ,covered facility ,the term covered facility means a covered facility identified in the inventory4 7iii7 ,inventory ,the term inventory means the inventory published under paragraph 7#aa7 of section #h7;b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjg7;b774 7,b7 ,assessment ,not later than ,april #a1 #bjbi1 taking into account the inventory1 the ,administrator shall conduct a single assessment of the aggregate1 cumulative public health impacts on fenceline communities at covered facilities4 7,c7 ,requirements ,the assessment under subparagraph 7,b7 shall-- 7i7 ascertain the potentially exposed or susceptible subpopulations2 7ii7 estimate the magnitude of the potential health impacts on-- 7,i7 fenceline communities generally2 and 7,,ii7 more exposed or susceptible subpopulations specifically2 7iii7 determine which chemical substances or mixtures may be causing or contributing to potential adverse public health impacts2 7iv7 include an assessment of-- 7,i7 the cumulative exposures associated with covered facilities from all chemicals used to make plastic polymers1 considering conditions in existence on the date of the assessment and the foreseeable impacts of climate change1 including physical climate risks2 7,,ii7 the chemical substances 7including plastic polymers1 additives1 and byproducts7 produced from-- 7aa7 the use of the plastic polymers as feedstocks for other chemicals2 and 7bb7 waste-to-fuel technology2 and 7,,iii7 the impact of chemical substances 7including plastic polymers1 additives1 and byproducts7 on-- 7aa7 the recyclability of plastics2 7bb7 the use of recycled content in food contact products and packaging2 and 7cc7 public health2 and 7v7 focus on-- 7,i7 communities located near covered facilities2 7,,ii7 workers at covered facilities2 7,,iii7 other potentially exposed or susceptible subpopulations2 and 7,,iv7 impacts in other countries resulting from-- 7aa7 volatile organic compounds1 metals1 and other toxic additives and air emissions of foreign recycling facilities2 7bb7 the export from the ,united ,states of plastic products1 intermediary products 7such as pellets71 and plastic waste from covered facilities2 7cc7 disposal and management of unrecycled fractions from the exports described in item 7bb72 7dd7 water and land pollution resulting from importation of those exports2 and 7ee7 the legality of those imports1 including under the ,basel ,convention on the ,control of ,transboundary ,movements of ,hazardous ,wastes and ,their ,disposal1 done at ,basel1 ,switzerland1 ,march #bb1 #aihi4 7,d7 ,procedural requirements ,the assessment under subparagraph 7,b7 shall be subject to-- 7i7 public notice and an opportunity for public comment2 and 7ii7 peer review by the ,science ,advisory ,committee on ,chemicals established under section #bf7o7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfbe7o774 7#c7 ,high-priority substances 7,a7 ,styrene and vinyl chloride ,not later than #b years after the date of enactment of this ,act1 the ,administrator1 after public notice and an opportunity for comment1 shall make a final prioritization determination under section #f7;b77#a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7;b77#a77 relating to-- 7i7 styrene 7including polystyrene72 and 7ii7 vinyl chloride 7including polyvinyl chloride74 7,b7 ,other chemicals or mixtures ,with respect to any chemical substances or mixtures 7as those terms are defined in section #c of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjb77 not described in subparagraph 7,a7 and identified in the assessment under paragraph 7#b7 as causing or contributing to potential adverse public health impacts1 the ,administrator shall-- 7i7 include those chemical substances or mixtures in any subsequently published inventory2 and 7ii7 specify applicable timetables for action as part of the inventory in accordance with clause 7vii7 or 7viii7 of paragraph 7#aa7 of section #h7;b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjg7;b774 7#d7 ,authorization of appropriations 7,a7 ,in general ,there are authorized to be appropriated to the ,administrator such sums as are necessary to carry out this subsection and the amendments made by this subsection4 7,b7 ,maintenance of funding ,the funding provided under this paragraph shall supplement1 not supplant1 other ,federal funding to carry out the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja et seq474 7g7 ,hazardous waste ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall initiate a rulemaking to list discarded polyvinyl chloride as a hazardous waste under the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 7h7 ,cumulative impact requirements for covered facilities 7#a7 ,federal ,water ,pollution ,control ,act ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended-- 7,a7 by striking the section designation and heading and all that follows through ,except as in subsection 7a77#a7 and inserting the following3 #djb4 ,national pollutant discharge elimination system 7a7 ,permits issued by ,administrator 7#a7 ,in general ,except as 2 7,b7 in subsection 7a7-- 7i7 in paragraph 7#a7-- 7,i7 by striking upon condition that such discharge will meet either 7,a7 all and inserting the following3 subject to the conditions that-- 7,a7 the discharge will achieve compliance with-- 7i7 all 2 7,,ii7 by striking #djc of this ,act1 or 7,b7 prior and inserting the following3 #djc2 or 7ii7 prior 2 and 7,,iii7 by striking this ,act4 and inserting the following3 this ,act2 and 7,b7 as applicable1 with respect to the issuance or renewal of the permit to a covered facility 7as defined in section #c of the ,protecting ,communities from ,plastics ,act of #bjbd7-- 7i7 based on an analysis by the ,administrator of existing water quality and the potential cumulative impacts 7as defined in section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa77 of the discharge from the covered facility 7as so defined71 considered in conjunction with the designated and actual uses of the impacted navigable water1 there exists a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation2 or 7ii7 if the ,administrator determines that1 due to those potential cumulative impacts1 there does not exist a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 the permit or renewal includes such terms and conditions as the ,administrator determines to be necessary to ensure a reasonable certainty of no harm4 2 and 7ii7 in paragraph 7#b71 by striking assure compliance with the requirements of paragraph 7#a7 of this subsection1 including conditions on data and information collection1 reporting1 and such other requirements as he deems appropriate4 and inserting the following3 ensure compliance with the requirements of paragraph 7#a71 including-- 7,a7 conditions relating to-- 7i7 data and information collection2 7ii7 reporting2 and 7iii7 such other requirements as the ,administrator determines to be appropriate2 and 7,b7 with respect to covered facilities 7as defined in section #c of the ,protecting ,communities from ,plastics ,act of #bjbd7 additional controls or pollution prevention requirements4 2 and 7,c7 in subsection 7b7-- 7i7 in each of paragraphs 7#a77;,d71 7#b77;,b71 and 7#c7 through 7#g71 by striking the semicolon at the end and inserting a period2 7ii7 in paragraph 7#h71 by striking 2 and at the end and inserting a period2 and 7iii7 by adding at the end the following3 7#aj7 ,to ensure that no permit will be issued to or renewed for a covered facility 7as defined in section #c of the ,protecting ,communities from ,plastics ,act of #bjbd7 if1 with respect to an application for the permit1 the ,state determines1 based on an analysis by the ,state of existing water quality and the potential cumulative impacts 7as defined in section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa77 of the discharge from the covered facility 7as so defined71 considered in conjunction with the designated and actual uses of the impacted navigable water1 that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation4 4 7#b7 ,clean ,air ,act 7,a7 ,definitions ,section #eja of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa7 is amended-- 7i7 in the matter preceding paragraph 7#a71 by striking ,as used in this title-- and inserting ,in this title32 7ii7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#c71 7#e71 and 7#d71 respectively1 and moving the paragraphs so as to appear in numerical order2 and 7iii7 by inserting after paragraph 7#a7 the following3 7#b7 ,cumulative impacts ,the term cumulative impacts means any exposure1 public health or environmental risk1 or other effect occurring in a specific geographical area1 including from an emission or release-- 7,a7 including-- 7i7 environmental pollution released-- 7,i7 routinely2 7,,ii7 accidentally2 or 7,,iii7 otherwise2 and 7ii7 as assessed based on the combined past1 present1 and reasonably foreseeable emissions and discharges affecting the geographical area1 considering conditions in existence on the date of the assessment and the foreseeable impacts of climate change1 including physical climate risks 7as defined in section #c of the ,protecting ,communities from ,plastics ,act of #bjbd72 and 7,b7 evaluated taking into account sensitive populations and socioeconomic factors1 where applicable4 4 7,b7 ,permit programs ,section #ejb7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa;a7b77 is amended-- 7i7 in paragraph 7#e7-- 7,i7 in subparagraphs 7,a7 and 7,c71 by striking assure each place it appears and inserting ensure2 and 7,,ii7 by striking subparagraph 7,f7 and inserting the following3 7,f7 ensure that no permit will be issued to or renewed for a covered facility 7as defined in section #c of the ,protecting ,communities from ,plastics ,act of #bjbd71 as applicable1 if-- 7i7 with respect to an application for a permit or renewal of a permit for a major source that is a covered facility 7as so defined71 the permitting authority determines under paragraph 7#i77;,c77ii77,i77bb77,,bb7 that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 of the applicable census tracts or ,tribal census tracts 7as those terms are defined by the ,director of the ,bureau of the ,census72 or 7ii7 the ,administrator objects to the issuance of the permit in a timely manner under this title4 2 and 7ii7 in paragraph 7#i7-- 7,i7 in the fourth sentence1 by striking ,such permit revision and inserting the following3 7iii7 ,treatment as renewal ,a permit revision under this paragraph 2 7,,ii7 in the third sentence1 by striking ,no such revision shall and inserting the following3 7ii7 ,exception ,a revision under this paragraph shall not 2 7,,iii7 in the second sentence1 by striking ,such revisions and inserting the following3 7,b7 ,revision requirements 7i7 ,deadline ,a revision described in subparagraph 7,a7 or 7,c7 2 7,,iv7 by striking 7#i7 ,a requirement and inserting the following3 7#i7 ,major sources 7,a7 ,in general ,subject to subparagraph 7,c71 a requirement that 2 and 7,v7 by adding at the end the following3 7,c7 ,certain plastics facilities 7i7 ,definition of covered facility ,in this subparagraph1 the term covered facility has the meaning given the term in section #c of the ,protecting ,communities from ,plastics ,act of #bjbd4 7ii7 ,additional requirements ,with respect to any permit or renewal of a permit1 as applicable1 for a major source that is a covered facility1 the permitting authority1 in determining whether to issue or renew the permit1 shall-- 7,i7 evaluate the potential cumulative impacts of the proposed covered facility1 as described in the applicable cumulative impacts analysis submitted under section #ejc7;b77#c72 7,,ii7 if1 due to those potential cumulative impacts1 the permitting authority cannot determine that there exists a reasonable certainty of no harm to the health of the general population1 or to any potentially exposed or susceptible subpopulation1 of any census tracts or ,tribal census tracts 7as those terms are defined by the ,director of the ,bureau of the ,census7 located in1 or immediately adjacent to1 the area in which the covered facility is1 or is proposed to be1 located-- 7aa7 include in the permit or renewal such terms and conditions 7including additional controls or pollution prevention requirements7 as the permitting authority determines to be necessary to ensure a reasonable certainty of no harm2 or 7bb7 if the permitting authority determines that terms and conditions described in item 7aa7 would not be sufficient to ensure a reasonable certainty of no harm1 deny the issuance or renewal of the permit2 7,,iii7 determine whether the applicant is a persistent violator1 based on such criteria relating to the history of compliance by an applicant with this ,act as the ,administrator shall establish by not later than #ahj days after the date of enactment of the ,protecting ,communities from ,plastics ,act of #bjbd2 7,,iv7 if the permitting authority determines under subclause 7,,iii7 that the applicant is a persistent violator and the permitting authority does not deny the issuance or renewal of the permit pursuant to subclause 7,v77bb7-- 7aa7 require the applicant to submit a redemption plan that describes1 if the applicant is not in compliance with this ,act1 measures the applicant will carry out to achieve that compliance1 together with an approximate deadline for that achievement1 measures the applicant will carry out1 or has carried out to ensure the applicant will remain in compliance with this ,act1 and to mitigate the environmental and health effects of noncompliance1 and the measures the applicant has carried out in preparing the redemption plan to consult or negotiate with the communities affected by each persistent violation addressed in the plan2 and 7bb7 once such a redemption plan is submitted1 determine whether the plan is adequate to ensuring that the applicant will achieve compliance with this ,act expeditiously1 will remain in compliance with this ,act1 will mitigate the environmental and health effects of noncompliance1 and has solicited and responded to community input regarding the redemption plan2 and 7,v7 deny the issuance or renewal of the permit if the permitting authority determines that-- 7aa7 the redemption plan submitted under subclause 7,,iv77aa7 is inadequate2 or 7bb7 7,,aa7 the applicant has submitted a redemption plan on a prior occasion1 but continues to be a persistent violator2 and 7,,bb7 no indication of extremely exigent circumstances excusing the persistent violations exists4 4 7,c7 ,permit applications ,section #ejc7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gffa;b7b77 is amended by adding at the end the following3 7#c7 ,analyses for certain plastics facilities ,the regulations required by section #ejb7;b7 shall include a requirement that an applicant for a permit or renewal of a permit for a major source that is a covered facility 7as defined in section #c of the ,protecting ,communities from ,plastics ,act of #bjbd7 shall submit1 together with the compliance plan required under this subsection1 a cumulative impacts analysis for each census block tract or ,tribal census block tract 7as those terms are defined by the ,director of the ,bureau of the ,census7 located within #aj kilometers of1 or immediately adjacent to1 the area in which the major source that is a covered source 7as so defined7 is1 or is proposed to be1 located that analyzes-- 7,a7 community demographics and locations of community exposure points1 such as residences1 schools1 day care centers1 nursing homes1 hospitals1 health clinics1 places of religious worship1 parks1 playgrounds1 and community centers2 7,b7 air quality 7including with respect to hazardous air pollutants and criteria pollutants7 and the potential effect on that air quality of emissions of air pollutants 7including pollutants listed under section #ajh or #aab7 from the proposed covered facility 7as so defined71 including in combination with existing sources of pollutants2 7,c7 the potential effects on soil quality1 water quality1 and fish and game of emissions of air and water pollutants that could contaminate soil or water from the proposed major source1 including in combination with existing sources of pollutants2 and 7,d7 public health and any potential effects on public health of the proposed covered facility 7as so defined74 4 7i7 ,financial assurance requirements for covered facilities 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall develop and require as a condition to receiving a permit 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 financial assurance requirements for new covered facilities that demonstrate the presence of sufficient financial resources-- 7,a7 to safely close the covered facility at the end of the operational life of the covered facility2 or 7,b7 to provide appropriate emergency response in the case of an accidental release4 7#b7 ,application to existing covered facilities ,the financial assurance requirements under paragraph 7#a7 shall apply to existing covered facilities at the time at which an existing covered facility seeks renewal of a permit 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 applicable4 7j7 ,siting restrictions for new covered facilities ,the issuance or approval of a permit 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 for a new covered facility1 or for the expansion of an existing covered facility1 shall be prohibited within #e miles of a community building or area1 including a school1 a residence1 a daycare center1 a nursing home1 a hospital1 a health clinic1 a place of religious worship1 a park1 a playground1 and a community center4 #e4 ,federal source reduction and reuse targets 7a7 ,definition of source reduction 7#a7 ,in general ,in this section1 the term source reduction means the reduction in the quantity of single-use plastic packaging and food service product created by producers relative to the baseline established pursuant to subsection 7b77#a7 by methods that may include-- 7,a7 shifting to reusable or refillable packaging or food service product systems2 or 7,b7 eliminating unnecessary packaging4 7#b7 ,exclusions ,in this section1 the term source reduction does not include-- 7,a7 replacing a recyclable or compostable single-use plastic packaging or food service product with-- 7i7 a nonrecyclable or noncompostable single-use plastic packaging or food service product2 or 7ii7 a single-use plastic packaging or food service product that is less likely to be recycled or composted2 or 7,b7 switching from virgin single-use plastic packaging or food service product to plastic postconsumer recycled content4 7b7 ,federal source reduction targets 7#a7 ,baseline ,not later than ,december #ca1 #bjbg1 the ,administrator shall promulgate regulations to establish a baseline quantity1 by total weight and total number of items1 of all single-use plastic packaging and food service product produced1 sold1 offered for sale1 imported1 or distributed in the ,united ,states during calendar year #bjbf4 7#b7 ,reduction targets 7,a7 ,in general ,not later than ,december #ca1 #bjbi1 the ,administrator shall promulgate regulations to establish phased source reduction targets for all single-use plastic packaging and food service product produced1 sold1 offered for sale1 imported1 or distributed in the ,united ,states1 which shall be organized by product category4 7,b7 ,minimum ,the phased source reduction targets established under subparagraph 7,a7 shall include a source reduction target of not less than #be percent by #bjcd4 7c7 ,federal reuse and refill targets 7#a7 ,in general ,not later than ,december #ca1 #bjbg1 the ,administrator shall promulgate regulations to establish phased reuse and refill targets for all plastic packaging and food service product produced1 sold1 offered for sale1 imported1 or distributed in the ,united ,states4 7#b7 ,minimum ,the phased reuse and refill targets established under paragraph 7#a7 shall include reuse and refill targets of not less than #cj percent by #bjcd4 7d7 ,exclusion ,nothing in this section applies to any single-use plastic used for-- 7#a7 medical equipment1 supplements1 medical devices1 consumer personal protective equipment1 or other products determined by the ,secretary of ,health and ,human ,services to necessarily be made of plastic for the protection of public health or for people with disabilities2 7#b7 packaging that is-- 7,a7 for any product described in paragraph 7#a7 that is determined by the ,secretary of ,health and ,human ,services to necessarily be made of plastic for the protection of public health or for people with disabilities2 or 7,b7 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 ,act72 or 7#c7 a personal hygiene product that1 due to the intended use of the product1 could become unsafe or unsanitary to recycle1 such as a diaper4 #f4 ,advancing refillable and reusable systems 7a7 ,grant program ,to support equity and innovation in refillable and reusable packaging 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall establish a competitive grant program 7referred to in this subsection as the program7 to provide grants to eligible entities described in paragraph 7#c7 to carry out scalable reuse and refill projects in accordance with this subsection4 7#b7 ,objectives ,to be eligible for a grant under the program1 a reuse and refill project shall evaluate the efficacy and cost-effectiveness of tools1 technologies1 and techniques for #a or more of the following objectives3 7,a7 ,expanding reuse and refill programs to replace single-use plastics currently used in consumer goods industries1 including replacement with food service and consumer food and beverage products that-- 7i7 are affordable1 convenient1 scalable1 nontoxic1 and equitable2 and 7ii7 satisfy the requirements described in section #c7bj77;,a74 7,b7 ,expanding consumer knowledge of reuse and refill programs1 including through the development of accessible educational and outreach programs and materials4 7,c7 ,installing and expanding access to publicly available water bottle refilling stations4 7,d7 ,installing and expanding access to sanitation infrastructure in public or community buildings to enable safe and hygienic reuse1 including dishwashers and sanitation stations4 7#c7 ,eligible entities ,to be eligible to receive a grant under the program1 an entity shall be-- 7,a7 an educational institution1 including an institution of higher education2 7,b7 a nonprofit or community-based organization2 7,c7 a ,state1 local1 or ,tribal government2 7,d7 a for-profit restaurant1 business1 or other organization2 or 7,e7 a public-private partnership4 7#d7 ,nontoxic requirements ,materials used as part of a reuse and refill project under the program shall not contain-- 7,a7 toxic heavy metals1 pathogens1 or additives1 including-- 7i7 a perfluoroalkyl or polyfluoroalkyl substance2 7ii7 an ortho-phthalate2 7iii7 a bisphenol compound 7not including an alkyl-substituted bisphenol compound generated through a xylenol-aldehyde process72 or 7iv7 a halogenated flame retardant2 or 7,b7 chemical substances designated as high-priority substances under section #f7;b77#a7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7;b77#a771 including the chemicals or mixtures of chemicals described in section #d7;f77#c74 7#e7 ,priorities ,in awarding grants under the program1 the ,administrator shall-- 7,a7 give priority to projects that will directly benefit populations of color1 communities of color1 indigenous communities1 rural communities1 and low-income communities2 7,b7 give priority to a project that achieves more than #a of the objectives described in paragraph 7#b72 and 7,c7 ensure that a grant is provided to carry out a project in each region of the ,environmental ,protection ,agency4 7#f7 ,prize competition 7,a7 ,in general ,not later than #a year after the first round of grants is awarded under the program1 the ,administrator shall establish a prize competition under which the ,administrator shall-- 7i7 evaluate the projects carried out by each recipient of a grant under the program2 and 7ii7 award a prize to #a of those recipients4 7,b7 ,amount ,the ,administrator shall determine the amount of the prize under this paragraph4 7,c7 ,use ,the recipient of the prize under this paragraph shall use the amount of the prize to demonstrate that the reuse or refill project carried out by the recipient under the program-- 7i7 is scalable2 7ii7 serves the community in which the program is carried out2 and 7iii7 is implemented in a sustainable and equitable manner4 7#g7 ,report ,not later than #c years after the date on which the ,administrator establishes the program1 the ,administrator shall submit to ,congress a report describing the effectiveness of the projects carried out under the program4 7#h7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out the program4 7b7 ,report on reuse and refill product delivery systems 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and every #e years thereafter1 the ,administrator shall make publicly available a report on feasibility and best practices relating to reuse and refill within the following sectors3 7,a7 ,food service1 including-- 7i7 take out2 7ii7 delivery of prepared meals2 and 7iii7 meal kits4 7,b7 ,consumer food and beverage products4 7,c7 ,consumer cleaning products4 7,d7 ,consumer personal care products4 7,e7 ,transportation or shipping of wholesale and retail goods4 7,f7 ,public educational institutions1 including institutions of higher education4 7,g7 ,other sectors1 as identified by the ,administrator4 7#b7 ,objectives ,the report under paragraph 7#a7 shall evaluate and summarize-- 7,a7 types of reuse and refill product delivery systems that can be best used at different scales2 7,b7 methods to ensure equitable distribution of reuse and refill product delivery systems in populations of color1 communities of color1 indigenous communities1 and low-income communities2 7,c7 job creation opportunities through the use or expansion of reuse and refill systems2 7,d7 economic costs and benefits for-- 7i7 the businesses that deploy reuse and refill technologies2 and 7ii7 the parties responsible for waste collection and management2 7,e7 types of local1 ,state1 and ,federal support needed to expand the use of reuse and refill systems2 and 7,f7 existing barriers to widespread implementation of reuse and refill systems4 7#c7 ,consideration ,in preparing the report under paragraph 7#a71 the ,administrator shall consider relevant information on reuse and refill programs and approaches in ,states1 units of local government1 and other countries4 #g4 ,studies2 agency directives 7a7 ,definition of microplastic ,in this section1 the term microplastic means a plastic or plastic-coated particle that is less than #e millimeters in any dimension4 7b7 ,national ,recycling ,strategy limitation ,the ,administrator shall not expand the scope of the ,national ,recycling ,strategy of the ,environmental ,protection ,agency to include facilities that treat plastic waste through the use of pyrolysis1 gasification1 or similar chemical recycling technologies4 7c7 ,food and ,drug ,administration study 7#a7 ,in general ,the ,commissioner of ,food and ,drugs1 in consultation with the ,secretary of ,agriculture and the heads of other necessary ,federal departments and agencies1 such as the ,director of the ,national ,institute of ,standards and ,technology1 shall conduct a nationwide study on the presence and sources of microplastics in food 7including drink7 products1 including food products containing fish1 meat1 fruits1 or vegetables4 7#b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,commissioner of ,food and ,drugs shall submit to ,congress1 and make publicly available1 a report describing the results of the study under this subsection4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this subsection4 7d7 ,microplastics pilot program 7#a7 ,establishment ,the ,administrator shall establish a pilot program 7referred to in this subsection as the pilot program7 to test the efficacy and cost-effectiveness of tools1 technologies1 and techniques-- 7,a7 to remove microplastics from the environment without causing additional harm to the environment2 and 7,b7 to prevent the release of microplastics into the environment4 7#b7 ,requirements ,in carrying out the pilot program1 the ,administrator shall include testing of1 and an analysis and mitigation of any environmental impacts on-- 7,a7 natural infrastructure2 7,b7 green infrastructure 7as defined in section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb772 and 7,c7 mechanical removal systems 7such as pumps7 and filtration technologies1 including consideration of potential negative ecological impacts that may result from filtration in natural waterways and ocean waters4 7#c7 ,eligible locations ,the ,administrator may carry out under the pilot program projects located in-- 7,a7 stormwater systems2 7,b7 wastewater treatment facilities2 7,c7 drinking water systems2 7,d7 ports1 harbors1 inland waterways1 estuaries1 and marine environments2 and 7,e7 roadways1 highways1 and other streets used for vehicular travel4 7#d7 ,outreach ,in determining selection criteria and projects to carry out under the pilot program1 the ,administrator shall conduct outreach to-- 7,a7 the ,interagency ,marine ,debris ,coordinating ,committee established by section #e7;a7 of the ,marine ,debris ,act 7#cc ,u4,s4,c4 #aied7;a772 and 7,b7 stakeholders and experts in the applicable field1 as determined by the ,administrator4 7#e7 ,reports 7,a7 ,outreach activities ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report describing the outreach conducted under paragraph 7#d74 7,b7 ,project effectiveness ,not later than #c years after the date on which the ,administrator establishes the pilot program1 the ,administrator shall submit to ,congress a report describing the effectiveness of projects carried out under the pilot program4 7#f7 ,rulemaking required ,not later than #a year after the date on which the ,administrator submits to ,congress the report required under paragraph 7#e77;,b71 the ,administrator shall initiate a rulemaking to address abatement and mitigation of microplastics in the locations described in paragraph 7#c7 using technologies and methods tested under the pilot program4 7#g7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this subsection4 7e7 ,national ,institutes of ,health research 7#a7 ,in general ,the ,director of the ,national ,institutes of ,health shall conduct or support research on the presence of microplastics in the human body1 which may include determining how the presence of microplastics in organs and biospecimens1 including urine1 breastmilk1 and stool1 impacts human health4 7#b7 ,report ,not later than #a year after the date of enactment of this ,act1 and annually for each of the #d years thereafter1 the ,director of the ,national ,institutes of ,health shall submit to ,congress1 and make publicly available1 a report that provides an overview of the research conducted or supported under this subsection1 together with any relevant findings4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this subsection4 #h4 ,reducing single-use plastics in agriculture 7a7 ,biodegradable weed barriers practices under the ,environmental ,quality ,incentives ,program ,the ,secretary of ,agriculture shall designate a project to replace the use of on-farm plastic weed barriers and weed mitigants with nonplastic1 biodegradable alternatives as an agricultural conservation practice or enhancement that meets the requirement described in section #bajja7;a77#a77;,b77iii7 of ,public ,law #aag-afi 7#acf ,stat4 #bjaf7 7commonly known as the ,inflation ,reduction ,act of #bjbb74 7b7 ,single-,use plastic farm product packaging reduction grants ,section #baj;,a of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbg;c7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#e71 by striking and at the end2 7,b7 by redesignating paragraph 7#f7 as paragraph 7#g72 and 7,c7 by inserting after paragraph 7#e7 the following3 7#f7 supports the reduction of single-use plastics from the post-production distribution packaging of agricultural producers2 and 2 7#b7 by redesignating subsections 7f7 through 7i7 as subsections 7g7 through 7j71 respectively2 7#c7 in paragraph 7#a7 of subsection 7i7 7as so redesignated71 in the matter preceding subparagraph 7,a71 by striking subsection 7i77#c77;,e7 and inserting subsection 7j77#c77;,e72 7#d7 by striking subsection 7i7 each place it appears and inserting subsection 7j72 and 7#e7 by inserting after subsection 7e7 the following3 7f7 ,single-,use plastic farm product packaging reduction grants 7#a7 ,in general ,the ,secretary1 acting through the ,administrator of the ,agricultural ,marketing ,service and in coordination with the ,administrator of the ,rural ,business-,cooperative ,service1 shall provide grants to eligible entities described in paragraph 7#b7 to significantly reduce or eliminate single-use plastics from the post-production distribution packaging of the entities4 7#b7 ,eligible entities ,an entity shall be eligible for a grant under paragraph 7#a7 if the entity is-- 7,a7 an independent producer1 as determined by the ,secretary1 of a value-added agricultural product2 or 7,b7 an agricultural producer group1 farmer or rancher cooperative1 or majority-controlled producer-based business venture1 as determined by the ,secretary4 7#c7 ,grant amount ,the amount of a grant provided under paragraph 7#a7 shall be not more than #bej1jjj4 7#d7 ,term ,the term of a grant provided under paragraph 7#a7 shall be #c years4 7#e7 ,priority ,in providing grants under paragraph 7#a71 the ,secretary shall give priority to-- 7,a7 beginning farmers or ranchers2 7,b7 veteran farmers or ranchers2 7,c7 organic and regenerative farmers2 and 7,d7 socially disadvantaged farmers or ranchers4 7#f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #be1jjj1jjj for each of fiscal years #bjbe through #bjcd4 4