Sec. 3. Clean air, clean water, and environmental justice

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In this section: The term Administrator means the Administrator of the Environmental Protection Agency. The term covered facility means— an industrial facility that transforms natural gas liquids into ethylene and propylene for later conversion into plastic polymers; a plastic polymerization or polymer production facility; and an industrial facility that repolymerizes plastic polymers into chemical feedstocks for use in new products or as fuel. The term covered plastic means— ethylene; propylene; polyethylene in any form (including pellets, resin, nurdle, powder, and flakes); polypropylene in any form (including pellets, resin, nurdle, powder, and flakes); polyvinyl chloride in any form (including pellets, resin, nurdle, powder, and flakes); or other plastic polymer raw materials in any form (including pellets, resin, nurdle, powder, and flakes).

The term environmental justice means the fair treatment and meaningful involvement of all individuals, regardless of race, color, national origin, educational level, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that— communities of color, indigenous communities, and low-income communities have access to public information and opportunities for meaningful public participation with respect to human health and environmental planning, regulations, and enforcement; no community of color, indigenous community, or low-income community is exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards; and the 17 principles described in the document entitled The Principles of Environmental Justice , written and adopted at the First National People of Color Environmental Leadership Summit held on October 24 through 27, 1991, in Washington, DC, are upheld.

The term fenceline monitoring means continuous, real-time monitoring of ambient air quality around the entire perimeter of a facility. The term frontline community means a community located near a covered facility that has experienced systemic socioeconomic disparities or other forms of injustice. The term frontline community includes a low-income community, a community that includes indigenous peoples, and a community of color. The term Secretary means the Secretary of the Army, acting through the Chief of Engineers.

The term single-use plastic means a plastic product or packaging that is routinely disposed of, recycled, or otherwise discarded after a single use. The term single-use plastic does not include— medical food, supplements, devices, or other products determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health; or packaging that is— for any product described in clause (i); or used for the shipment of hazardous materials that is prohibited from being composed of used materials under section 178.509 or section 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).

The term temporary pause period means the period— beginning on the date of enactment of this Act; and ending on the date that is the first date on which all regulations required under subsections

(d)and

(e)are in effect. The term zero-emissions energy means renewable energy the production of which emits no greenhouse gases at the production source. During the temporary pause period, notwithstanding any other provision of law— the Administrator shall not issue a new permit for a covered facility under— the Clean Air Act ( 42 U.S.C. 7401 et seq.); or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); the Secretary shall not issue a new permit for a covered facility under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); the Administrator shall object in writing under subsections

(b)and

(c)of section 505 of the Clean Air Act ( 42 U.S.C. 7661d ) or section 402(d)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(d)(2) ), as applicable, to any new permit issued to a covered facility by a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq.) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); and subject to subsection (g), the export of covered products is prohibited. 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— the existing and planned expansion of the industry of the producers of covered products, including the entire supply chain, end uses, disposal fate, and lifecycle impacts of covered products; the environmental justice and pollution impacts of covered facilities and the products of covered facilities; the existing standard technologies and practices of covered facilities with respect to the discharge and emission of pollutants into the environment; and the best available technologies and practices that reduce or eliminate the environmental justice and pollution impacts of covered facilities and the products of covered facilities. If the Administrator fails to enter into an agreement described in subparagraph (A), the Administrator shall conduct the study described in that subparagraph. The study under paragraph

(1)shall— consider— the direct, indirect, and cumulative environmental impacts of the industries of covered facilities to date; and the impacts of the planned expansion of those industries, including local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of those industries; and recommend technologies, standards, and practices to remediate or eliminate the local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of covered facilities and the industries of covered facilities. Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study under paragraph (1). Section 111(b)(1)(B) of the Clean Air Act ( 42 U.S.C. 7411(b)(1)(B) ) is amended by striking the fifth sentence. Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule requiring that— covered facilities that manufacture olefins, including ethylene and propylene, use only zero-emissions energy sources, except to the extent that waste gases are recycled; and covered facilities that manufacture low-density polyethylene, linear low-density polyethylene, high-density polyethylene, styrene, vinyl chloride, or synthetic organic fibers use only zero-emissions energy sources, except to the extent that waste gases are recycled, unless the Administrator— determines that under certain conditions (such as during the commencement or shut down of production at a covered facility), expenditures of energy that are not from zero-emissions energy sources are required; and publishes the determination under subclause

(I)and a proposed mixture of zero-emissions energy and non-zero-emissions energy for those conditions in a rulemaking. Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— designating ethylene, propylene, polyethylene, and polypropylene production facilities as a category of stationary source under section 111(b)(1)(A) of the Clean Air Act ( 42 U.S.C. 7411(b)(1)(A) ); and establishing new source performance standards for the category of stationary source designated under clause

(i)under section 111(f)(1) of the Clean Air Act ( 42 U.S.C. 7411(f)(1) ). Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying section 60.112b(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that an owner or operator of a storage vessel containing liquid with a vapor pressure of equal to or more than 5 millimeters of mercury under actual storage conditions that is regulated under that section uses— an internal floating roof tank connected to a volatile organic compound control device; or a fixed-roof tank connected to a volatile organic compound control device. Not later than 30 days after the date of enactment of this Act, the Administrator shall promulgate a final rule— modifying title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that flaring, either at ground-level or elevated, shall only be permitted when necessary solely for safety reasons; and modifying sections 60.112b(a)(3)(ii), 60.115b(d)(1), 60.482–10a(d), 60.662(b), 60.702(b), and 60.562–1(a)(1)(i)(C) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— references to flare standards under those sections refer to the flare standards established under clause (i); and the flare standards under those sections are, without exception, continuously applied. Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— modifying section 60.482–1a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that, whenever possible, owners and operators use process units and components with a leak-less or seal-less design; modifying section 60.482–1a(f) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that owners and operators use optical gas imaging monitoring pursuant to section 60.5397a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), on a quarterly basis, unless the owner or operator receives approval from the Administrator in writing to use Method 21 of the Environmental Protection Agency (as described in appendix A–7 of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) with a repair threshold of 500 parts per million; modifying 60.482–6a of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the use of open-ended valves or lines is prohibited except if a showing is made that the use of an open-ended valve or line is necessary for safety reasons; and modifying subpart VVa of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— the term no detectable emissions is defined to mean an instrument reading of less than 50 parts per million above background concentrations; and the term leak is defined to mean an instrument reading of greater than or equal to 50 parts per million above background concentrations. Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule revising subpart Db of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that boilers or heaters located at an affected covered facility regulated under that subpart may only burn gaseous fuels, not solid fuels or liquid fuels. Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule revising subparts DDD, NNN, RRR, and other relevant subparts of part 60 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)— to require continuous emissions monitoring of nitrogen oxides, sulfur dioxide, carbon monoxide, and filterable particulate matter for all combustion devices except for non-enclosed flares, including during startups, shutdowns, and malfunctions of the facilities regulated by those subparts; to require— accurate and continuous recordkeeping when continuous monitoring is required under clause (i); and the records required under subclause

(I)to be made available to the public; and to require fenceline monitoring under section 63.658 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), for nitrogen oxides, sulfur dioxide, carbon monoxide, filterable and condensable particulate matter, and all other relevant hazardous air pollutants. Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying section 61.112 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), that strikes subsection (c). Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying subpart FF of part 61 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— the term no detectable emissions is defined to mean an instrument reading of less than 50 parts per million above background concentrations; and the term leak is defined to mean an instrument reading of greater than or equal to 50 parts per million above background concentrations. Not later than 3 years after the date of enactment of this Act, the Administrator shall— promulgate a final rule modifying subpart YY of part 63 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— the generic maximum achievable control technology standards described in that subpart— require no detectable emissions of hazardous air pollutants, unless the Administrator— determines that the maximum degree of reduction in emissions of hazardous air pollutants achievable pursuant to section 112(d)(2) of the Clean Air Act ( 42 U.S.C. 7412(d)(2) ) justifies higher limits; and publishes the determination under subitem

(AA)and the proposed higher limits in a rulemaking; ensure an ample margin of safety to protect public health and prevent an adverse environmental effect; and prevent adverse cumulative effects to fetal health, the health of children, and the health of vulnerable subpopulations; and the term no detectable emissions , as required under subclause (I)(aa), is defined to mean an instrument reading of less than 50 parts per million above background concentrations; and in promulgating the final rule required in clause (i)(I), consider— the effects and risks of exposure from multiple sources of hazardous air pollutants under the subpart modified under that clause; and the best available science, including science provided by the National Academies of Science. Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— that ensures that the best available technology limitations described in part 414 of title 40, Code of Federal Regulations (as modified under clause (ii)), applies to covered facilities that produce fewer than 5,000,001 pounds of covered products per year; modifying part 414 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the best available technology and new source performance standard requirements under that part reflect updated best available technology and best available demonstrated control technology for all pollutants discharged by covered facilities that produce covered products, including pollutants of concern that are not regulated on the date of enactment of this Act; and modifying sections 414.91(b), 414.101(b), and 414.111(b) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— for new source performance standards for applicable covered facilities producing covered products, the maximum effluent limit for any 1 day and for any monthly average for the priority pollutants described in appendix A to part 423 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is 0 milligrams per liter unless the Administrator— determines that higher limits are justified using best available demonstrated control technology; and publishes the determination under item

(aa)and the proposed higher limits in a rulemaking; and for best available technology and new source performance standards, the maximum effluent limit for any 1 day and for any monthly average for total plastic pellets and other plastic material is 0 milligrams per liter. Not later than 60 days after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying parts 414 and 463 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that— the runoff from facilities regulated under part 414 or 463 of that title contains, for any 1 day and for any monthly average, 0 milligrams per liter of plastic pellets or other plastic materials; and the requirement under clause

(i)is reflected in all stormwater and other permits issued by the Administrator and State-delegated programs under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ), in addition to other applicable limits and standards. Not later than 180 days after the date of enactment of this Act, the Administrator shall— identify, in addition to the facilities described in subparagraph (B)(i), other sources of runoff or other pollution consisting of plastic pellets or other plastic materials into navigable waters (as defined in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 )); and promulgate a final rule that— limits the discharge of plastic pellets or other plastic materials in wastewater and runoff from facilities identified under clause

(i)to, for any 1 day and for any monthly average, 0 milligrams per liter; and requires the limitation under subclause

(I)to be reflected in all stormwater and other permits issued by the Administrator and State-delegated programs under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ), in addition to other applicable limits and standards. Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule— modifying sections 419.23, 419.26, 419.33, and 419.36 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the best available technology and new source performance standards reflect updated best available technology and best available demonstrated control technology for all pollutants discharged by covered facilities producing ethylene or propylene; and modifying sections 419.26(a) and 419.36(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that the new source performance standards for any 1 day and for average of daily values for 30 consecutive days for the priority pollutants described in appendix A to part 423 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is 0 milligrams per liter unless the Administrator— determines that higher limits are justified using best available demonstrated control technology; and the Administrator publishes the determination under item

(aa)and the proposed higher limits in a rulemaking. Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule modifying sections 419.26(e) and 419.36(e) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that runoff limitations that reflect best available demonstrated control technology are included. Not later than 3 years after the date of enactment of this Act, the Administrator shall promulgate a final rule to ensure that— any proposed permit to be issued by the Administrator or by a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq.) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.) with respect to a covered facility is accompanied by an environmental justice assessment that— assesses the direct and cumulative economic, environmental, and public health impacts of the proposed permit on frontline communities; and proposes changes or alterations to the proposed permit that would, to the maximum extent practicable, eliminate or mitigate the impacts described in clause (i); each proposed permit and environmental justice assessment described in subparagraph

(A)is delivered to applicable frontline communities at the beginning of the public comment period for the proposed permit, which shall include notification through— direct means; and publications likely to be obtained by residents of the frontline community; the Administrator or a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq.) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.), as applicable, shall not approve a proposed permit described in subparagraph

(A)unless— changes or alterations have been incorporated into the proposed permit that, to the maximum extent practicable, eliminate or mitigate the environmental justice impacts described in subparagraph (A)(i); and the changes or alterations described in clause

(i)have been developed with input from residents or representatives of the frontline community in which the covered facility to which the proposed permit would apply is located or seeks to locate; and the approval of a proposed permit described in subparagraph

(A)is conditioned on the covered facility providing comprehensive fenceline monitoring and response strategies that fully protect public health and safety and the environment in frontline communities. The Administrator shall develop the final rule required under paragraph

(1)with input from— residents of frontline communities; and representatives of frontline communities. The temporary pause on the export of covered products under subsection (b)(4) shall remain in place until the Secretary of Commerce promulgates a final rule that— requires the tracking of covered products from sale to disposal; prohibits the export of covered products to purchasers that convert those plastics into single-use plastics; requires the Secretary of Commerce, not less frequently than once every 2 years and in consultation with the Administrator and the Secretary of Health and Human Services, to publish a report measuring and evaluating the environmental and environmental justice impacts of exporting covered products from sale to disposal; and establishes enforceable mechanisms for sellers or purchasers of covered products to mitigate the environmental and environmental justice impacts of those covered products from sale to disposal.

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Sec. 3

Clean air, clean water, and environmental justice

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