Sec. 4. Environmental justice protections at covered facilities

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section: The term community of color means a geographically distinct area in which the percentage of the population of the community represented by people of color is higher than the percentage of the population of the State represented by people of color. The term consultation means the meaningful and timely process of— seeking, discussing, and carefully considering the views of fenceline communities in a manner that is cognizant of the values of all parties; and when feasible, seeking agreement among the parties.

The term covered facility means— an industrial facility that transforms petrochemical gas and liquids into ethylene and propylene for later conversion into plastic polymers; an industrial facility that transforms ethylene and propylene into any other chemical for later conversion into plastic polymers; a plastic polymerization or polymer production facility; an industrial facility that depolymerizes or otherwise breaks down plastic polymers into chemical feedstocks for use in new products or as fuel; an industrial facility that converts, including through pyrolysis or gasification, plastic polymers into chemical feedstocks; and an industrial facility that generates fuel or energy from plastic polymers through waste-to-fuel technology, an incinerator, or other similar technology, as determined by the Administrator.

The term covered product means— ethylene; propylene; and raw plastic materials in any form, including pellets, resin, nurdles, powder, and flakes, including— polyethylene terephthalate (commonly referred to as PET ); high density polyethylene (commonly referred to as HDPE ); low density polyethylene (commonly referred to as LDPE ); polypropylene (commonly referred to as PP ); polyvinyl chloride (commonly referred to as PVC ); polystyrene (commonly referred to as PS ); and any other plastic polymer determined to be appropriate by the Administrator.

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 community means a community located near a covered facility that has experienced systemic socioeconomic disparities or other forms of injustice. The term fenceline community includes a low-income community, an indigenous community, and a community of color. The term fenceline monitoring means continuous, real-time monitoring of ambient air quality around the entire perimeter of a facility. The term indigenous community means— a federally recognized Indian Tribe; a State-recognized Indian Tribe; an Alaska Native or Native Hawaiian community or organization; and any other community of indigenous people, including communities in other countries.

The term limited English proficiency individual means an individual that— does not speak English as their primary language; or has a limited ability to read, speak, write, or understand English. The term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of— an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and 200 percent of the Federal poverty line.

The term material recovery facility means a solid waste management facility that processes materials for reuse or recycling. The term meaningful , with respect to involvement by the public in a determination by a Federal agency, means that— potentially affected residents of a community have an appropriate opportunity to participate in decisions relating to a proposed activity that will affect the environment or public health of the community; the public contribution can influence the determination by the Federal agency; the concerns of all participants involved are taken into consideration in the decision-making process; and the Federal agency— provides to potentially affected members of the public accurate information, including identifying limited English proficiency individuals who need language assistance, implementing accessible language assistance measures, and providing notice to limited English proficiency individuals for effective engagement in decisions; and facilitates the involvement of potentially affected members of the public.

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 and final rules required under subsections (d), (e), and

(f)are in effect; and the amendments made by subsection

(i)are fully implemented. 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, the extraction and refining of fossil fuels and polymer feedstocks, chemical recycling efforts, end uses, disposal fate, and lifecycle impacts of covered products; the environmental, public health, and environmental justice and pollution impacts of covered facilities and the products of covered facilities; the use of toxic additives in the production of covered products and the consequences of those additives on public health; the existing standard technologies and practices of covered facilities with respect to the discharge and emission of pollutants into the environment; the best available technologies and practices that reduce or eliminate the environmental justice and pollution impacts of covered facilities, associated infrastructure of covered facilities, and the products of covered facilities; and the toxicity of plastic polymers, additives, and chemicals (including byproducts), including the impacts of those polymers, additives, and chemicals on— public health; the recyclability of plastic; and the ability to use recycled content. 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 industries, including plastic production industries, chemical recycling industries, and the industries of other 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, regulations, standards, and practices, including recommendations for technologies, regulations, standards, and practices that will best carry out the regulatory modifications required under subsections (d), (e), and (g), to remediate or eliminate the local, regional, national, and international air, water, waste, climate change, public health, and environmental justice impacts of the industries described in subparagraph (A)(i). 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). There are authorized to be appropriated to the National Academy of Sciences and the National Institutes of Health such sums as are necessary to carry out this subsection. Subject to paragraph (2), 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 of the Army, acting through the Chief of Engineers, shall not issue a new permit for a covered facility under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); 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 the export of covered products is prohibited. Paragraph

(1)does not apply to a permit described in that paragraph for a facility that is— a material recovery facility; a mechanical recycling facility; or a compost facility. 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— designating petrochemical feedstock and polymer production facilities as a category of stationary source under section 111(b)(1)(A) of the Clean Air Act ( 42 U.S.C. 7411(b)(1)(A) ); and establishing new source performance standards for the category of stationary source designated under subparagraph

(A)under section 111(f)(1) of the Clean Air Act ( 42 U.S.C. 7411(f)(1) ). 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 1 year 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 subparagraph (A); 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 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 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 cumulative 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 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 benzene, nitrogen oxides, sulfur dioxide, carbon monoxide, and filterable particulate matter for all combustion devices except for non-enclosed flares, including during startups, shutdowns, and malfunctions of the facilities regulated by those subparts; to require— accurate and continuous recordkeeping when continuous emissions monitoring is required under subparagraph (A); and the records required under clause

(i)to be made available to the public in real time; to require continuous fenceline monitoring of emissions from combustion devices under section 63.658 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), for nitrogen oxides, sulfur dioxide, carbon monoxide, filterable and condensable particulate matter, and all other relevant hazardous air pollutants; and to ensure that the continuous monitoring of combustion devices required under subparagraphs

(A)and

(C)are used to determine the compliance of facilities regulated by those subparts with the Clean Air Act ( 42 U.S.C. 7401 et seq. ). 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 subparagraph (B)) 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 subclause

(I)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 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 petrochemical feedstocks and polymers; 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 necessary based on the best available demonstrated control technology; and the Administrator publishes the determination under subclause

(I)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, indirect, and cumulative economic, environmental, and public health impacts of the proposed permit on fenceline 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 fenceline communities at the beginning of the public comment period for the proposed permit for purposes of notification and consultation, which shall include— prompt notification— through direct means, including in non-English languages for limited English proficiency individuals; through publications likely to be obtained by residents of the fenceline community, including non-English language publications; and in the form of a public hearing in the fenceline community— for which public notice is provided— not less than 60 days before the date on which the public hearing is to be held; and using the means described in subclauses

(I)and (II); for which translation services are provided; and that is accessible through live-streaming or alternative video streaming services for which translation services are provided; and after the prompt notification required under clause (i), consultation that— facilitates effective collaboration and informed policymaking that further recognizes the importance of regular communication and collaboration with fenceline communities, regardless of whether specific regulatory or policy changes are being considered; seeks information and input from fenceline communities by soliciting the collaboration, cooperation, and participation of those fenceline communities; includes an in-person meeting or a telephone conference that— is in a location, if applicable, that is selected by those engaged in the consultation to be mutually accessible to representatives of fenceline communities and applicable State or Federal government participants; and removes institutional and procedural impediments that adversely affect working directly with fenceline communities; ensures that any health or environmental concerns raised by fenceline communities with be properly invested and considered in decisions to grant or deny the proposed permit; and explains to the representatives of the fenceline community the range of resulting actions that the Administrator or State agency may take; and 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 revised proposed permit that, to the maximum extent practicable, eliminate or mitigate the environmental justice impacts described in subparagraph (A)(i); the changes or alterations described in clause

(i)have been developed with meaningful input from residents or representatives of the fenceline community in which the covered facility to which the proposed permit would apply is located or seeks to locate; and the permit includes a community benefit agreement that— has been entered into after the prompt notification and consultation required under clauses

(i)and (ii), respectively, of subparagraph (B); and stipulates the benefits the covered facility agrees to fund or furnish in exchange for community support for the covered facility, which may include— commitments to hire directly from a community; contributions to economic and health trust funds; local workforce training guarantees; increased pollution control technologies; operation restrictions; financial assurances; and siting restrictions; the Administrator or a State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), as applicable, shall not approve a proposed permit described in subparagraph

(A)during the 45-day period beginning on the date on which a public hearing described in subparagraph (B)(i)(III) is held for the proposed permit; and the approval of a proposed permit described in subparagraph

(A)is conditioned on the covered facility providing comprehensive third-party fenceline monitoring and response strategies that fully protect public health and safety and the environment in fenceline communities, for which the affected fenceline communities have the opportunity to provide meaningful input. The Administrator shall develop the final rule required under paragraph

(1)with meaningful input from— residents of fenceline communities; and representatives of fenceline communities. In carrying out the consultation required under paragraph (1)(B)(ii), the Administrator and each State agency delegated authority under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) shall establish a dedicated position that— supports fenceline communities in understanding the technical nuances of the permit and regulatory process; and accounts for limited English proficiency individuals. Not later than 2 years after the date on which the final rule required under paragraph

(1)is published in the Federal Register, and every 5 years thereafter, the Administrator shall submit to Congress a report evaluating how States are implementing required environmental justice considerations pursuant to that final rule into their permitting programs under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) and the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). Section 8(b) of the Toxic Substances Control Act ( 15 U.S.C. 2607(b) ) is amended by adding at the end the following: In this paragraph: The terms covered facility and covered product have the meanings given those terms in section 4(a) of the Protecting Communities from Plastics Act . The terms plastic and single-use plastic have the meanings given those terms in section 3 of the Protecting Communities from Plastics Act . Not later than April 1, 2025, and every 3 years thereafter, the Administrator shall publish in the Federal Register an inventory of plastic manufacturing, distribution in commerce, and trade in the United States. In carrying out the inventory under subparagraph (B), the Administrator shall— identify— each covered facility; and any other manufacturer of plastic products; identify— the polymers associated with plastic production; the types or uses of plastic products manufactured; and the associated quantities of polymer and product manufacture and uses; quantify the single-use plastics manufactured— in the aggregate; and by use category; quantify the percentage of post-consumer recycled content of the feedstocks for the manufacture of the types of plastic products identified under clause (ii)(II); provide information and quantified estimates on the fate of the plastic products at the end of their useful life; identify the chemicals used in polymer or plastic production that may pose a potential risk to human health and the environment, taking into account the data reported under subparagraph (D)(i), which shall include, at a minimum, the information described in subparagraphs

(A)through

(G)of subsection (a)(2); specify any chemicals identified under clause (vi)— that are undergoing regulatory action under section 6; or for which regulatory action under section 6 is anticipated during the next 3 years; for each chemical identified under clause

(vi)that is not specified under clause (vii), provide a timetable for regulatory action under section 6 and any other recommended actions, including proposed revisions of Federal law or regulations, to achieve further reductions in plastic manufacture or distribution in commerce; and propose revisions to Federal law or regulations to achieve further reductions in plastic manufacture or distribution in commerce. To assist in the preparation of the inventory under subparagraph (B), notwithstanding section 3(2)(B), any person who manufactures a covered product used in plastic production, and any person who manufactures a plastic product, shall submit to the Administrator periodic reports at such time and including such information as the Administrator shall determine by rule. Not later than July 1, 2024, the Administrator shall promulgate the rule described in clause (i). To avoid duplication, information previously submitted to the Administrator under this section may be considered partially compliant with the reporting requirements of this subparagraph if the information previously submitted is an accurate reflection of the current information. The Administrator shall make available to the public in an accessible database the reports submitted under clause (i), consistent with section 14. . In this paragraph: The terms chemical substance and mixture have the meanings given the terms in section 3 of the Toxic Substances Control Act ( 15 U.S.C. 2602 ). The term covered facility means a covered facility identified in the inventory. The term fenceline community has the meaning given the term in section 4(a). The term inventory means the inventory published under paragraph

(11)of section 8(b) of the Toxic Substances Control Act ( 15 U.S.C. 2607(b) ). Not later than April 1, 2027, taking into account the inventory, the Administrator shall conduct a single assessment of the aggregate, cumulative public health impacts on fenceline communities at covered facilities. The assessment under subparagraph

(B)shall— ascertain the potentially exposed or susceptible subpopulations; estimate the magnitude of the potential health impacts on— fenceline communities generally; and more exposed or susceptible subpopulations specifically; determine which chemical substances or mixtures may be causing or contributing to potential adverse public health impacts; include an assessment of— the cumulative exposures associated with covered facilities from all chemicals used to make plastic polymers; the chemical substances (including plastic polymers, additives, and byproducts) produced from— the use of the plastic polymers as feedstocks for other chemicals; and waste-to-fuel technology; and the impact of chemical substances (including plastic polymers, additives, and byproducts) on— the recyclability of plastics; the use of recycled content in food contact products and packaging; and public health; and focus on— communities located near covered facilities; workers at covered facilities; and other potentially exposed or susceptible subpopulations. The assessment under subparagraph

(B)shall be subject to— public notice and an opportunity for public comment; and peer review by the Science Advisory Committee on Chemicals established under section 26(o) of the Toxic Substances Control Act ( 15 U.S.C. 2625(o) ). Not later than 2 years after the date of enactment of this Act, the Administrator shall, after public notice and an opportunity for public comment, make a final prioritization determination under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) ) relating to— styrene (including polystyrene); and vinyl chloride (including polyvinyl chloride). With respect to any chemical substances or mixtures (as those terms are defined in section 3 of the Toxic Substances Control Act ( 15 U.S.C. 2602 )) not described in subparagraph

(A)and identified in the assessment under paragraph

(2)as causing or contributing to potential adverse public health impacts, the Administrator shall— include those chemical substances or mixtures in any subsequently published inventory; and specify applicable timetables for action as part of the inventory in accordance with clause

(vii)or

(viii)of paragraph

(11)of section 8(b) of the Toxic Substances Control Act ( 15 U.S.C. 2607(b) ). There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this subsection and the amendments made by this subsection. The funding provided under this paragraph shall supplement (and not supplant) other Federal funding to carry out the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq. ). Not later than 180 days after the date of enactment of this Act, the Administrator shall initiate a rulemaking to list discarded polyvinyl chloride as a hazardous waste under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ). Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended— by striking the section designation and heading and all that follows through Except as in subsection (a)(1) and inserting the following: Except as ; in subsection (a)— in paragraph (1)— by striking upon condition that such discharge will meet either

(A)all and inserting the following: subject to the conditions that— the discharge will achieve compliance with— all ; by striking 403 of this Act, or

(B)prior and inserting the following: 403; or prior ; and by striking this Act. and inserting the following: this Act; and as applicable, with respect to the issuance or renewal of the permit to a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act )— based on an analysis by the Administrator of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act ( 42 U.S.C. 7661 )) of the discharge from the covered facility (as so defined), considered in conjunction with the designated and actual uses of the impacted navigable water, there exists a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation; or if the Administrator determines that, due to those potential cumulative impacts, there does not exist a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, the permit or renewal includes such terms and conditions as the Administrator determines to be necessary to ensure a reasonable certainty of no harm. ; and in paragraph (2), by striking assure compliance with the requirements of paragraph

(1)of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. and inserting the following: ensure compliance with the requirements of paragraph (1), including— conditions relating to— data and information collection; reporting; and such other requirements as the Administrator determines to be appropriate; and with respect to covered facilities (as defined in section 4(a) of the Protecting Communities from Plastics Act ) additional controls or pollution prevention requirements. ; and in subsection (b)— in each of paragraphs (1)(D), (2)(B), and

(3)through (7), by striking the semicolon at the end and inserting a period; in paragraph (8), by striking ; and at the end and inserting a period; and by adding at the end the following: To ensure that no permit will be issued to or renewed for a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act ) if, with respect to an application for the permit, the State determines, based on an analysis by the State of existing water quality and the potential cumulative impacts (as defined in section 501 of the Clean Air Act ( 42 U.S.C. 7661 )) of the discharge from the covered facility (as so defined), considered in conjunction with the designated and actual uses of the impacted navigable water, that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation. . Section 501 of the Clean Air Act ( 42 U.S.C. 7661 ) is amended— in the matter preceding paragraph (1), by striking As used in this title— and inserting In this title: ; by redesignating paragraphs (2), (3), and

(4)as paragraphs (3), (5), and (4), respectively, and moving the paragraphs so as to appear in numerical order; and by inserting after paragraph

(1)the following: The term cumulative impacts means any exposure, public health or environmental risk, or other effect occurring in a specific geographical area, including from an emission or release— including— environmental pollution released— routinely; accidentally; or otherwise; and as assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and evaluated taking into account sensitive populations and socioeconomic factors, where applicable. . Section 502(b) of the Clean Air Act ( 42 U.S.C. 7661a(b) ) is amended— in paragraph (5)— in subparagraphs

(A)and (C), by striking assure each place it appears and inserting ensure ; and by striking subparagraph

(F)and inserting the following: ensure that no permit will be issued to or renewed for a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act ), as applicable, if— with respect to an application for a permit or renewal of a permit for a major source that is a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act ), the permitting authority determines under paragraph (9)(C)(ii)(I)(bb)(BB) that the terms and conditions of the permit or renewal would not be sufficient to ensure a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of the applicable census tracts or Tribal census tracts (as those terms are defined by the Director of the Bureau of the Census); or the Administrator objects to the issuance of the permit in a timely manner under this title. ; and in paragraph (9)— in the fourth sentence, by striking Such permit revision and inserting the following: A permit revision under this paragraph ; in the third sentence, by striking No such revision shall and inserting the following: A revision under this paragraph shall not ; in the second sentence, by striking Such revisions and inserting the following: A revision described in subparagraph

(A)or

(C); by striking

(9)A requirement and inserting the following: Subject to subparagraph (C), a requirement that ; and by adding at the end the following: In this subparagraph, the term covered facility has the meaning given the term in section 4(a) of the Protecting Communities from Plastics Act . With respect to any permit or renewal of a permit, as applicable, for a major source that is a covered facility, the permitting authority shall, in determining whether to issue or renew the permit— evaluate the potential cumulative impacts of the proposed covered facility, as described in the applicable cumulative impacts analysis submitted under section 503(b)(3); if, due to those potential cumulative impacts, the permitting authority cannot determine that there exists a reasonable certainty of no harm to the health of the general population, or to any potentially exposed or susceptible subpopulation, of any census tracts or Tribal census tracts (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the covered facility is, or is proposed to be, located— include in the permit or renewal such terms and conditions (including additional controls or pollution prevention requirements) as the permitting authority determines to be necessary to ensure a reasonable certainty of no harm; or if the permitting authority determines that terms and conditions described in item

(aa)would not be sufficient to ensure a reasonable certainty of no harm, deny the issuance or renewal of the permit; determine whether the applicant is a persistent violator, based on such criteria relating to the history of compliance by an applicant with this Act as the Administrator shall establish by not later than 180 days after the date of enactment of the Protecting Communities from Plastics Act ; if the permitting authority determines under subclause

(III)that the applicant is a persistent violator and the permitting authority does not deny the issuance or renewal of the permit pursuant to subclause (V)(bb)— require the applicant to submit a redemption plan that describes, if the applicant is not in compliance with this Act, measures the applicant will carry out to achieve that compliance, together with an approximate deadline for that achievement, measures the applicant will carry out, or has carried out to ensure the applicant will remain in compliance with this Act, and to mitigate the environmental and health effects of noncompliance, and the measures the applicant has carried out in preparing the redemption plan to consult or negotiate with the communities affected by each persistent violation addressed in the plan; and once such a redemption plan is submitted, determine whether the plan is adequate to ensuring that the applicant will achieve compliance with this Act expeditiously, will remain in compliance with this Act, will mitigate the environmental and health effects of noncompliance, and has solicited and responded to community input regarding the redemption plan; and deny the issuance or renewal of the permit if the permitting authority determines that— the redemption plan submitted under subclause (IV)(aa) is inadequate; or the applicant has submitted a redemption plan on a prior occasion, but continues to be a persistent violator and that there is no indication exists of extremely exigent circumstances excusing the persistent violations. . Section 503(b) of the Clean Air Act ( 42 U.S.C. 7661b(b) ) is amended by adding at the end the following: The regulations required by section 502(b) shall include a requirement that an applicant for a permit or renewal of a permit for a major source that is a covered facility (as defined in section 4(a) of the Protecting Communities from Plastics Act ) shall submit, together with the compliance plan required under this subsection, a cumulative impacts analysis for each census tract or Tribal census tract (as those terms are defined by the Director of the Bureau of the Census) located in, or immediately adjacent to, the area in which the major source that is a covered source (as so defined) is, or is proposed to be, located that analyzes— community demographics and locations of community exposure points, such as residences, schools, day care centers, nursing homes, hospitals, health clinics, places of religious worship, parks, playgrounds, and community centers; air quality and the potential effect on that air quality of emissions of air pollutants (including pollutants listed under section 108 or 112) from the proposed covered facility (as so defined), including in combination with existing sources of pollutants; the potential effects on soil quality and water quality of emissions of air and water pollutants that could contaminate soil or water from the proposed major source, including in combination with existing sources of pollutants; and public health and any potential effects on public health of the proposed covered facility (as so defined). . Not later than 2 years after the date of enactment of this Act, the Administrator shall develop and require as a condition to receiving a permit under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) financial assurance requirements for new covered facilities that demonstrate the presence of sufficient financial resources— to safely close the covered facility at the end of the operational life of the covered facility; or to provide appropriate emergency response in the case of an accidental release. The financial assurance requirements under paragraph

(1)shall apply to existing covered facilities at the time on which an existing covered facility seeks renewal of a permit under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). The issuance or approval of a permit under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) or the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) for new covered facilities or for the expansion of existing covered facilities shall be prohibited within 5 miles of a community building or area, including a school, a residence, a day care center, a nursing home, a hospital, a health clinic, a place of religious worship, a park, a playground, and a community center.

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