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.

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 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, environmental justice, and pollution impacts of covered facilities and the products of covered facilities; the use of 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— take into consideration— the direct, indirect, and cumulative environmental impacts of industries, including plastic production industries, chemical recycling industries, and the industries of other covered facilities; 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 the impacts of physical climate risks on the environmental, public health, environmental justice, and pollution risks posed by covered facilities and the products of covered facilities; and the effectiveness of best available technologies to reduce or eliminate those environmental, public health, and environmental justice and pollution risks; 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 (c), (d), and (f), 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 under section 111(f)(1) of the Clean Air Act ( 42 U.S.C. 7411(f)(1) ) for the category of stationary source designated under subparagraph (A). 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, to ensure that an owner or operator of a storage vessel containing liquid with a vapor pressure 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, at ground-level and 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), 60.562–1(a)(1)(i)(C), 60.662(b), and 60.702(b) 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 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 2 years after the date of enactment of this Act, the Administrator shall promulgate a final rule revising subparts DDD, NNN, and 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, other hazardous air pollutants, and filterable particulate matter for all combustion devices, 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 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— 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; 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; and that ensures that the best available technology limitations described in part 414 of title 40, Code of Federal Regulations (as modified under subparagraph (A)) apply to covered facilities that produce fewer than 5,000,001 pounds of covered products per year. 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 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 2 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 a State agency to which authority is delegated 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, considering conditions in existence on the date of the assessment and the foreseeable impacts of climate change, including physical climate risks; 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 later 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 Federal or State 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 will be properly investigated 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; the Administrator or a State agency to which authority is delegated 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 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 to which authority is delegated 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; the approval of a proposed permit described in subparagraph

(A)is conditioned on the covered facility providing— 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; and subject to subparagraph (F)— comprehensive, continuous, real-time monitoring of ambient air quality— around the perimeter of the covered facility; and in any areas that can reasonably be impacted by the covered facility; water quality testing of wastewater discharges from the covered facility; and regardless of whether a permit has been sought or issued with respect to the chemical, 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 100 pounds per year, and each chemical produced at the covered facility that is emitted in excess of the applicable level permitted 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, to ensure that any discharge of such a chemical into the air or water shall be— reported to the Administrator by not later than 48 hours after receipt of the test result; and if a release of information to the public is not limited due to confidentiality concerns, made publicly available in accordance with subclauses

(I)and

(II)of subparagraph (B)(i). The Administrator shall develop the final rule under paragraph

(1)with meaningful input from— residents of fenceline communities; and representatives of fenceline communities. In carrying out consultation under paragraph (1)(B)(ii), the Administrator and each State agency to which authority is delegated 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 not less frequently than once every 5 years thereafter, 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 ( 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 , covered product , plastic , and single-use plastic have the meanings given those terms in section 3 of the Protecting Communities from Plastics Act of 2024 . Not later than April 1, 2027, and every 3 years thereafter, the Administrator shall prepare, and publish in the Federal Register, an inventory of plastic manufacturing, distribution in commerce, and trade in the United States. In preparing the inventory under subparagraph (B), the Administrator shall— identify— each covered facility; and any other manufacturer of plastic products; identify— the monomers and 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 material content of feedstocks for manufacture of the types of plastic products identified under clause (ii)(II); provide information and quantified estimates regarding the fate of the plastic products at the end of 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 following 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), each person that manufactures a covered product used in plastic production, and each person that 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, 2026, 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 to be 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), in accordance with section 14. . In this paragraph: The terms chemical substance and mixture have the meanings given those 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 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, 2029, 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, considering conditions in existence on the date of the assessment and the foreseeable impacts of climate change, including physical climate risks; 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; other potentially exposed or susceptible subpopulations; and impacts in other countries resulting from— volatile organic compounds, metals, and other toxic additives and air emissions of foreign recycling facilities; the export from the United States of plastic products, intermediary products (such as pellets), and plastic waste from covered facilities; disposal and management of unrecycled fractions from the exports described in item (bb); water and land pollution resulting from importation of those exports; and the legality of those imports, including under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, done at Basel, Switzerland, March 22, 1989. 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, after public notice and an opportunity for comment, shall 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, 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 3 of the Protecting Communities from Plastics Act of 2024 )— 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 3 of the Protecting Communities from Plastics Act of 2024 ) 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 3 of the Protecting Communities from Plastics Act of 2024 ) 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, considering conditions in existence on the date of the assessment and the foreseeable impacts of climate change, including physical climate risks (as defined in section 3 of the Protecting Communities from Plastics Act of 2024 ); 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 3 of the Protecting Communities from Plastics Act of 2024 ), 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 so defined), 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 3 of the Protecting Communities from Plastics Act of 2024 . With respect to any permit or renewal of a permit, as applicable, for a major source that is a covered facility, the permitting authority, in determining whether to issue or renew the permit, shall— 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 of 2024 ; 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 no indication of extremely exigent circumstances excusing the persistent violations exists. . 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 3 of the Protecting Communities from Plastics Act of 2024 ) shall submit, together with the compliance plan required under this subsection, a cumulative impacts analysis for each census block tract or Tribal census block tract (as those terms are defined by the Director of the Bureau of the Census) located within 10 kilometers of, 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 (including with respect to hazardous air pollutants and criteria pollutants) 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, water quality, and fish and game 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 at 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. ), as applicable. 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 a new covered facility, or for the expansion of an existing covered facility, shall be prohibited within 5 miles of a community building or area, including a school, a residence, a daycare 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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