Sec. 3. Definitions
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In this Act: The term Administrator means the Administrator of the Environmental Protection Agency. The term beverage means any drinkable liquid intended for human oral consumption, including— water; flavored water; soda water; mineral water; beer; a malt beverage; a carbonated soft drink; liquor; tea; coffee; hard cider; fruit juice; an energy or sports drink; coconut water; wine; a yogurt drink; a probiotic drink; a wine cooler; and any other beverage determined to be appropriate by the Administrator.
The term beverage does not include— a drug regulated under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ); infant formula; or a meal replacement liquid. The term beverage container means a prepackaged container that— is designed to hold a beverage; is made of any material, including glass, plastic, and metal; and has a volume of not more than 3 liters. The term beverage container does not include— a carton; a pouch; or aseptic packaging, such as a drink box.
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, monomer, polymer, or resin 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; an industrial facility that generates fuel or energy from plastic polymers through waste-to-fuel technology, an incinerator, pyrolysis, gasification, or other similar technology, as determined by the Administrator; and an industrial facility that produces a chemical feedstock for use in the plastics manufacturing industry.
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 or PETE ); 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 with significant populations of racial minorities, communities of color, Indigenous communities, and low-income communities have full access to public information and opportunities for meaningful public participation with respect to human health and environmental planning, regulations, and enforcement; no community described in subparagraph
(A)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 convened 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, as a result of that location— negative impacts on human health and the environment; and systemic socioeconomic disparity or another form of injustice with respect to policies, regulations, or enforcement. The term fenceline community includes a low-income community, an Indigenous community, and a community of color. The term food service product means an item intended to deliver a food product, regardless of the recyclability or compostability of the item, including— a utensil; a straw; a stirrer; a drink cup; a drink lid; a food package; a food container; a hinged or lidded container (commonly known as a clamshell ); a plate; a bowl; a meat, fish, seafood, or vegetable tray; a food wrapper; and a beverage container. 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 individuals, 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 Secretary 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 are taken into consideration in the decisionmaking 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 packaging means— any package or container, regardless of recyclability or compostability; and any separable and distinct material component, regardless of recyclability or compostability, used for the containment, protection, handling, delivery, and presentation of goods that are sold, offered for sale, or distributed to consumers in the United States, including through an internet transaction. The term packaging includes— an item described in subparagraph
(A)that is— sales packaging or primary packaging intended for the consumer market; service packaging designed and intended to be used or filled at the point of sale, such as carry-out bags, bulk good bags, take-out bags, and home delivery food service products; secondary packaging used to group products for multiunit sale; or tertiary packaging used for transportation or distribution directly to a consumer; and any ancillary element that is— hung on, or attached to, a product; and performing a packaging function. The term packaging does not include an item described in subparagraph
(A)or
(B)that— is used for the long-term protection or storage of a product; and has a useful life of not less than 5 years, as determined by the Administrator. The term physical climate risks means risks to covered facilities and the operations of covered facilities that result from exposure to physical climate-related effects, including— increased average global temperatures; increased severity and frequency of extreme weather events; increased flooding; sea-level rise; increased severity and frequency of heat waves; increased frequency of wildfires; decreased arability of farmland; and decreased availability of fresh water. The term physical climate risks includes the risk of additional emissions, accidents, failure of hazardous waste containment, and other risks resulting from the exposure of covered facilities and the operations of covered facilities to physical climate-related effects. The term plastic means a synthetic or semisynthetic material that— is synthesized by the polymerization of organic substances; and is capable of being shaped into various rigid and flexible forms. The term plastic includes coatings and adhesives described in subparagraph (A). The term plastic does not include— natural rubber; or naturally occurring polymers, such as proteins or starches. The term producer means an entity that— manufactures a covered product or beverage container; and owns, or is a licensee of, the brand or trademark under which that covered product or beverage container is— used in a commercial enterprise in the United States; sold or offered for sale in the United States; or distributed in the United States; if no entity described in clause
(i)exists with respect to a covered product or beverage container, owns or, if the owner is not located in the United States, is the exclusive licensee of a brand or trademark under which the covered product or beverage container is used in a commercial enterprise, sold or offered for sale, or distributed, in the United States; or if no entity described in clause
(i)or
(ii)exists with respect to a covered product or beverage container, sells, offers for sale, or distributes the covered product or beverage container in the United States. The term producer does not include an entity that produces, harvests, and packages an agricultural commodity on the site where the agricultural commodity was grown or raised. For purposes of subparagraph (A): 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 manufacture, sale, or distribution of a covered product or beverage container. The term manufacture , with respect to a beverage container, means to bottle, can, or otherwise fill a beverage container for sale to— distributors distributing beverage containers to retailers; importers; or retailers. The term sale includes the delivery of a covered product or beverage container to a purchaser in the United States. The terms refill , refillable , reusable , and reuse mean— with respect to packaging or a food service product that is reused or refilled by a producer, that the packaging or food service product is— explicitly designed and marketed to be utilized for not less than the number of cycles that the Administrator determines to be appropriate, for the same product, or for another purposeful packaging use in a supply chain; designed for durability to function properly in original condition for multiple cycles; composed of materials that do not contain— toxic heavy metals; pathogens; additives; or toxic substances or chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) ), including the chemicals or mixtures of chemicals described in section 4(f)(3); supported by adequate infrastructure to ensure that the packaging or food service product can be conveniently and safely reused or refilled for multiple cycles; and repeatedly recovered, inspected, and repaired, if necessary, and reissued into the supply chain for reuse or refill for multiple cycles; and with respect to packaging or a food service product that is reused or refilled by a consumer, that the packaging or food service product is— explicitly designed and marketed to be utilized for not less than the number of cycles that the Administrator determines to be appropriate, for the same product; designed for durability to function properly in its original condition for multiple cycles; composed of materials that do not contain— toxic heavy metals; pathogens; additives; or toxic substances or chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) ), including the chemicals or mixtures of chemicals described in section 4(f)(3); and supported by adequate and convenient availability of, and retail infrastructure for, bulk or large format packaging that may be refilled to ensure the packaging or food service product can be conveniently and safely reused or refilled by the consumer for multiple cycles, as needed. The term single-use plastic means a plastic product or packaging that— is routinely disposed of, recycled, or otherwise discarded after a single use; or is not sufficiently durable or washable to be, or is not intended to be, reusable or refillable. The term single-use plastic does not include— medical equipment, medical devices, consumer personal protective equipment, or other products determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health or for people with disabilities; packaging that is— for any product described in clause
(i)that is determined by the Secretary of Health and Human Services to necessarily be used for the protection of public health or for people with disabilities; or used for the shipment of hazardous materials, such that the packaging is prohibited from being composed of used materials under section 178.509 or 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); or personal hygiene products that, due to the intended use of the products, could become unsafe or unsanitary to recycle, such as diapers. 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 (c), (d), and
(e)of section 4 are in effect; and the amendments made by subsection
(h)of that section are fully implemented. The term toxic substance means any substance, mixture, or compound that— may cause— personal injury or disease to humans through ingestion, inhalation, or absorption through any body surface; or adverse impacts on the environment; and satisfies 1 or more of the conditions described in subparagraph (B). The conditions referred to in subparagraph (A)(ii) are the following: The substance, mixture, or compound is subject to reporting requirements under— the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11001 et seq. ); the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); or section 112(r) of the Clean Air Act ( 42 U.S.C. 7412(r) ). The National Institute for Occupational Safety and Health, the Occupational Safety and Health Administration, the National Toxicology Program, the Centers for Disease Control and Prevention, the Administrator of Health and Human Services, the National Institute for Environmental Health Sciences, or the Environmental Protection Agency has established that the substance, mixture, or compound poses an acute or chronic health hazard, including developmental, reproductive, or endocrine effects. The National Institute for Occupational Safety and Health or the Environmental Protection Agency has recognized that the substance, mixture, or compound may increase the risk of developing a latent disease. The substance, mixture, or compound is— a perfluoroalkyl or polyfluoroalkyl substance; an orthophthalate; a bisphenol compound (but not including an alkyl-substituted bisphenol compound generated through a xylenol-aldehyde process); a halogenated or nanoscale flame-retardant chemical; UV 328 (2–(2H-benzotriazol-2-yl)–4,6-di-tert-pentylphenol); a chlorinated paraffin; listed as a persistent organic pollutant by the Stockholm Convention on Persistent Organic Pollutants; given an overall carcinogenicity evaluation of Group 1, Group 2A, or Group 2B by the International Agency for Research on Cancer; or listed as a toxic, poisonous, explosive, corrosive, flammable, ecotoxic, or infectious waste by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, done at Basel, Switzerland, March 22, 1989. The substance, mixture, or compound is a chemical or chemical class that, as determined by the Administrator, has been identified by a Federal agency, State agency, or international intergovernmental agency as being 1 or more of the following: A carcinogen, mutagen, reproductive toxicant, immunotoxicant, neurotoxicant, or endocrine disruptor. A persistent bioaccumulative. A chemical or chemical class that may— harm the normal development of a fetus or child or cause other developmental toxicity in humans or wildlife; harm organs or cause other systemic toxicity; or have an adverse impact on— air quality; ecology; soil quality; or water quality. A chemical or chemical class that has toxicity equivalent to the toxicity reflected in a criterion described in any of subclauses
(I)through (III). The term translation services means professional language translation and interpretation for oral communications, and translation for written documents and notices, in any language spoken by more than 5 percent of the population residing within a fenceline community.
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