[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9676 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9676
To direct the Administrator of the Environmental Protection Agency to
establish National Plastics Recycling Standards, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2024
Mr. Bucshon (for himself and Mr. Davis of North Carolina) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To direct the Administrator of the Environmental Protection Agency to
establish National Plastics Recycling Standards, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Accelerating a
Circular Economy for Plastics and Recycling Innovation Act of 2024''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
TITLE I--NATIONAL PLASTICS RECYCLING STANDARDS
Sec. 101. National Plastics Recycling Standards Advisory Committee.
Sec. 102. National plastic recycling standards.
Sec. 103. Comparative study on carbon impact of raw materials.
TITLE II--MINIMUM MANDATE FOR RECYCLED PLASTIC
Sec. 201. Definitions.
Sec. 202. Minimum mandate for recycled plastic in plastics packaging
portfolio.
Sec. 203. Labeling compliance and enforcement.
Sec. 204. General provisions.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Environmental Protection Agency has recognized that
reusing and recycling materials conserves natural resources,
reduces waste sent to landfills and incinerators, prevents
pollution, conserves natural resources, reduces greenhouse
gases contributing to climate change, and helps create jobs and
tax revenue.
(2) Given these benefits, the Environmental Protection
Agency set a National Recycling Goal in 2020 to increase the
national recycling rate for all materials to 50 percent by
2030.
(3) As a parallel effort, the Environmental Protection
Agency developed a ``National Recycling Strategy'' that
identifies objectives and actions to create a stronger, more
resilient recycling system.
(4) Collectively, these efforts intend to increase the
amount of materials that can be recycled, make the processing
system more efficient, ensure the industry can keep pace with
today's diverse and changing waste system, and strengthen the
economic markets for recycling materials.
(5) These measures are also intended to help manufacturers
make more products using recycled materials, increase
competition, and encourage demand for more products made using
recycled materials.
(6) There is an unprecedented public and private momentum
and investment to innovate, improve, and expand the existing
recycling system to develop a circular economy for plastics.
(7) A circular economy for plastic products and materials,
whether derived from oil, gas, or organics, benefits
businesses, society, and the environment.
(8) To meet the National Recycling Goal and support
domestic interests and competitiveness within international
markets, it will be necessary for the recycling market in the
United States to expand its deployment of advanced recycling
technologies.
(9) These innovative manufacturing processes fundamentally
transform the chemical structure of post-use polymer products,
many of which are traditionally hard to recycle by mechanical
recycling techniques, back to their basic chemical or molecular
components.
(b) Purpose.--The purposes of this Act are to--
(1) grow the circular economy for plastics products and
materials to--
(A) meet the National Recycling Goal;
(B) protect the global environment;
(C) reduce plastic waste;
(D) support the standardization of the recycling
infrastructure capacity in the United States; and
(E) bolster competition, technological innovation,
and robust global and national markets around circular
products;
(2) create national plastics recycling standards to
encourage the modernization of the recycling infrastructure of
the United States;
(3) foster competition and consistency in marketing
recycled plastics in plastics packaging;
(4) recognize advanced recycling technologies as a critical
component of the international market for recycled products and
the National Recycling Strategy;
(5) recognize advanced recycling as a manufacturing process
to be regulated under applicable Federal, State, and local
environmental statutes, rules, and regulations, including the
Clean Air Act (42 U.S.C. 7401 et seq.); and
(6) promote international movement towards the use of
advanced recycling technologies and the utilization of recycled
plastics in the manufacturing of plastics packaging to support
the global economy.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advanced recycling; advanced plastics recycling.--The
term ``advanced recycling'' or ``advanced plastics recycling''
means a manufacturing process for the conversion of post-use
polymers and recovered feedstocks into recycled products that
include basic raw materials, feedstocks, chemicals, and other
products through processes that include pyrolysis,
gasification, depolymerization, catalytic cracking, solvolysis,
chemolysis, and other similar technologies. The recycled
products produced at advanced recycling or advanced plastics
recycling facilities include, but are not limited to, monomers,
oligomers, plastics, plastic and chemical feedstocks, basic and
unfinished chemicals, waxes, lubricants, coatings, and
adhesives. Advanced recycling shall not be considered
incineration of plastics or municipal waste combustion, and
products sold as fuel are not recycled products. Advanced
recycling shall not be considered ``solid waste management'',
``solid waste processing'', ``solid waste recovery'',
``incineration'', ``treatment'', ``thermal destruction'',
``municipal waste combustion'', ``waste-to-energy'', or similar
designations that would prevent the process from being
considered a recycling process and the products from such
process being considered recycled products. Advanced recycling
shall be regulated as a manufacturing process under any
potentially applicable Federal, State, or local environmental
laws, rules, and regulations, including, but not limited to,
the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act
(33 U.S.C. 1251 et seq.), and the Solid Waste Disposal Act (42
U.S.C. 6901 et seq,).
(3) Advanced recycling facility; advanced plastics
recycling facility.--The term ``advanced recycling facility''
or ``advanced plastics recycling facility'' means a
manufacturing facility that receives, stores, and converts
post-use polymers and advanced recycling plastic feedstocks it
receives using advanced recycling. Advanced recycling or
advanced plastics recycling facilities shall not be considered
``solid waste facilities'', ``solid waste disposal
facilities'', ``solid waste management facilities'', ``resource
recovery facilities'', ``materials recovery facilities'',
``thermal destruction facilities'', ``incinerators'',
``municipal waste combustors'', ``combustion facilities'',
``treatment facilities'', ``reclamation facilities'',
``recycling facilities'', or ``recycling centers'', as defined
herein or in under definitions in the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), the Clean Air Act (42 U.S.C. 7401 et
seq.), or any other potentially applicable Federal, State, or
local environmental laws, rules, and regulations. Advanced
recycling or advanced plastics recycling facilities shall be
regulated as manufacturing facilities under any potentially
applicable Federal, State, or local environmental laws, rules,
and regulations, including, but not limited to, the Clean Air
Act (42 U.S.C. 7401 et seq.) and the Clean Water Act (33 U.S.C.
1251 et seq.).
(4) Approved certification system.--The term ``approved
certification system'' shall have the meaning ascribed to that
term in section 202(c)(2) of this Act.
(5) Auditable.--The term ``auditable'' means a system for
verifying the chain of custody between advanced recycling
plastic feedstocks, advanced recycling products, and the
plastics produced from advanced recycling products through
attribution using mass balance.
(6) Certified compostable product.--The term ``certified
compostable product'' means a product that is certified by a
recognized third-party independent verification body as meeting
the international standard specification ASTM D6400 (relating
to standard specification for labeling of plastics designed to
be aerobically composted in municipal or industrial facilities)
or ASTM D6868 (relating to standard specifications for labeling
of end items that incorporate plastics and polymers as coatings
or additives with paper and other substrates designed to be
aerobically or anaerobically composted in homes or municipal or
industrial facilities).
(7) Certified recycled.--The term ``certified recycled''
shall have the same meaning as recycled plastics.
(8) Chain of custody.--The term ``chain of custody'' means
a system to document and verify the path taken through means,
including but not limited to, physical methods or mass balance
attribution during the production of products.
(9) Circular economy.--The term ``circular economy'' shall
have the meaning provided in section 2 of the Save Our Seas 2.0
Act (33 U.S.C. 4201).
(10) Committee.--The term ``Committee'' means the National
Plastic Recycling Standards Advisory Committee established
under section 101.
(11) Disposal.--The term ``disposal'' has the meaning given
such term under section 1004 of the Solid Waste Disposal Act
(42 U.S.C. 6903).
(12) Gasification.--The term ``gasification'' means a
manufacturing process through which post-use polymers or
recovered feedstocks are heated in an oxygen-controlled
atmosphere and converted to syngas (carbon monoxide and
hydrogen), followed by conversion into valuable raw,
intermediate, and final products.
(13) Hazardous waste.--The term ``hazardous waste'' has the
meaning given such term in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903).
(14) Mass balance certification.--The term ``mass balance
certification'' means an auditable chain of custody accounting
methodology with rules defined by a third-party certification
system that enables the attribution of the mass of advanced
recycling plastic feedstocks to one or more advanced recycling
products.
(15) Marketer.--The term ``marketer'' means a person who--
(A) manufactures or purchases manufactured consumer
commodities, food, and beverages; and
(B) encloses, contains, stores, protects,
preserves, or identifies such consumer commodities,
food, and beverages in plastic packaging for the
purpose of selling, importing, or distributing in the
United States.
(16) Mechanical recycling.--The term ``mechanical
recycling'' means a recycling process that recycles material,
including plastic through a physical process, including
grinding, washing, separating, drying, regranulating, and
compounding.
(17) Minimum mandate.--The term ``minimum mandate'' means
the minimum mandate established under section 201(3).
(18) Municipal solid waste.--The term ``municipal solid
waste'' means garbage, refuse, industrial lunchroom, or office
waste, and other material, including solid, liquid, semisolid,
or contained gaseous material resulting from operation of
residential, municipal, commercial, or institutional
establishments and from community activities, generated by a
household, collected and disposed of at municipal solid waste
facilities, and any sludge not meeting the definition of
residual or hazardous waste hereunder from a municipal,
commercial, or institutional water supply treatment plant,
waste water treatment plant, or air pollution control facility.
The term does not include advanced recycling feedstocks that
are collected, sorted, transported, stored, or processed for
conversion to advanced recycling products through advanced
recycling. Municipal solid waste can be used as advanced
recycling feedstocks upon physical separation or sorting.
(19) National plastic recycling standards.--The term
``national plastic recycling standards'' means the standards
established under section 102.
(20) National recycling goal.--The term ``National
Recycling Goal'' means the goal set forth by the Environmental
Protection Agency during the 2020 America Recycles Summit to
increase the national recycling rate to 50 percent by 2030.
(21) National recycling strategy.--The term ``National
Recycling Strategy'' or the ``Strategy'' means the National
Recycling Strategy finalized by the Environmental Protection
Agency in November 2021.
(22) Plastic.--The term ``plastic'' or ``plastics'' means
any material made of polymeric organic compounds derived from
monomers and additives that can be shaped by flow.
(23) Plastics packaging.--The term ``plastics packaging''
means any immediate container or wrapping in which the
principal structural element is composed of plastic that is
used to enclose, contain, store, protect, preserve, transport,
or identify consumer commodities, food, or beverages for use in
the sale of such consumer commodities, food, or beverages.
(24) Plastics recycling accounting and labeling program.--
The term ``Plastics Recycling Accounting and Labeling Program''
means the accounting and labeling program established under
section 203(a) of this Act.
(25) Post-use plastic.--The term ``post-use plastic'' means
a pre-consumer recovered material or a post-consumer recovered
material that--
(A) contains plastic derived from a residential,
municipal, industrial, community, or commercial source;
(B) is not mixed with hazardous waste except to the
extent allowed by the national plastic recycling
standards; and
(C) is in a form acceptable for mechanical
recycling and advanced recycling.
(26) Post-use plastic product.--The term ``post-use plastic
product'' means material made wholly or in part of post-use
plastics.
(27) Post-use polymer.--The term ``post-use polymer'' means
a plastic to which all of the following apply:
(A) The plastic is derived from any industrial,
commercial, agricultural, or domestic activities, and
includes pre-consumer recovered materials and post-
consumer materials.
(B) The plastic has been sorted form solid waste
and other regulated waste but may contain residual
amounts of waste such as organic material and
incidental contaminants or impurities (e.g., paper
labels and metal rings).
(C) It is not mixed with solid waste or hazardous
waste onsite or during processing at the advanced
recycling facility.
(D) The plastic's use or intended use is as a
feedstock for the manufacturing of feedstocks, raw
materials, or other intermediate products or final
products using advanced recycling.
(E) The plastic is processed at an advanced
recycling facility or held at such facility prior to
processing.
(28) Pre-consumer recovered plastic material.--The term
``pre-consumer plastic recovered material'' means material that
has never reached the end user, having been diverted from the
waste stream during a manufacturing process. The term does not
include material generated in a process and capable of being
reused or reutilized as a substitute for a raw material without
being modified in any way. Pre-consumer recovered plastic
material collected, sorted, transported, stored, or processed
for use in mechanical or advanced recycling shall not be
considered solid waste under the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) or its implementing regulations.
(29) Processing.--The term ``processing'' means any method
or technology used for the purpose of reducing the volume or
bulk of municipal or residual solid waste for disposal. The
term does not include any method or technology used to convert
part or all of such materials for on-site reuse in advanced
recycling.
(30) Pyrolysis.--The term ``pyrolysis'' means a
manufacturing process through which post-use polymers or
recovered feedstocks are heated in the absence of oxygen until
melted and thermally decomposed (non-catalytically or
catalytically) and are then cooled, condensed, and converted
into valuable raw materials and intermediate and final
products, including but not limited to, plastic monomers,
chemicals, naphtha, waxes, plastic, and chemical feedstocks
that are returned to economic utility in the form of raw
materials and products.
(31) Recovered feedstock.--The term ``recovered feedstock''
means one or more of the following materials that has been
processed so that it may be used as feedstock in an advanced
recycling facility post-use polymers or materials for which the
Environmental Protection Agency has made a non-waste
determination or has otherwise determined are feedstocks and
not solid waste. Recovered feedstock does not include
unprocessed municipal waste. Recovered feedstock is not mixed
with solid waste or hazardous waste on-site or during
processing at an advanced recycling facility.
(32) Recycled plastic.--The term ``recycled plastic'' means
products that are produced from mechanical recycling of pre-
consumer recovered feedstocks or plastics, and post-consumer
plastics or from the advanced recycling of pre-consumer
recovered feedstocks or plastics, and post-consumer plastics
via mass balance attribution under a third-party certification
system. The terms ``recycled content'' and ``certified
recycled'' shall have the same meaning as ``recycled plastic''.
(33) Recycling rate.--The term ``recycling rate'' means the
percentage of post-use materials recycled from the total post-
use materials generated, as it is measured by the Environmental
Protection Agency. Products marketed or sold as fuels or energy
are not recycled materials for purposes of calculating the
recycling rate.
(34) Solid waste.--The term ``solid waste'' has the meaning
given such term in section 1004 of the Solid Waste Disposal Act
(42 U.S.C. 6903). Post-use plastics and recovered feedstocks
that are collected, sorted, transported, stored, or processed
for use in an advanced recycling facility using advanced
recycling technologies or held at an advanced recycling
facility prior to processing are not solid waste.
(35) Third-party certification system.--The term ``third-
party certification system'' means an international and multi-
national third-party certification system, which consists of a
set of rules for the implementation of mass balance attribution
approaches for advanced recycling of materials.
TITLE I--NATIONAL PLASTICS RECYCLING STANDARDS
SEC. 101. NATIONAL PLASTICS RECYCLING STANDARDS ADVISORY COMMITTEE.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall establish the National
Plastics Recycling Standards Advisory Committee for a period of not
less than 4 years, upon which the Administrator may renew the charter
of the Committee pursuant to section 1013 of title 5, United States
Code.
(b) Composition.--
(1) In general.--The Committee shall be composed of 14
members who shall be appointed as follows:
(A) 2 members appointed by the Administrator.
(B) 3 members appointed by the Chairman of the
Committee on Environment and Public Works of the
Senate.
(C) 3 members appointed by the ranking minority
member of the Committee on Environment and Public Works
of the Senate.
(D) 3 members appointed by the Chairman of the
Committee on Energy and Commerce of the House of
Representatives.
(E) 3 members appointed by the ranking minority
member of the Committee on Energy and Commerce of the
House of Representatives.
(2) Fair balance of membership.--Not later than 60 days
after finalization of the Committee roster, the Advisory
Committee Management Officer, designated pursuant to section
1007 of title 5, United States Code, and the designated officer
or employee of the Federal Government, designated pursuant to
section 1009 of title 5, United States Code, shall prepare and
submit a report to the Administrator confirming that the
members appointed under paragraph (1) represents a fair balance
between the points of views from each of the following:
(A) Companies that haul or manage municipal solid
waste.
(B) Companies that manufacture plastic resin.
(C) Companies directly involved in the design,
production, use, and recycling of plastic materials.
(D) Consumer brands and retail companies that sell
end products utilizing plastic packaging directly to
consumers.
(E) Municipalities that administer residential
waste and recycling programs.
(F) Companies engaged in the advanced recycling of
plastic packaging.
(G) Companies engaged in the mechanical recycling
of plastic packaging.
(3) Term.--
(A) In general.--Except as provided in subparagraph
(B), each member shall serve a term of 4 years.
(B) Initial staggering.--The initial appointments
made by the Administrator under paragraph (1) shall be
for a term of 2 years.
(c) Duties.--
(1) Study to develop national plastic recycling
standards.--
(A) In general.--Not later than 1 year after its
formation, the Committee shall begin conducting a study
for the purpose of advising the Administrator in the
establishment and implementation of the national
plastic recycling standards.
(B) Solicitation.--In conducting the study under
subparagraph (A), the Committee shall solicit
information from relevant stakeholders, including--
(i) local government officials; and
(ii) representatives from the plastic,
recycling, waste haulers, and advanced
recycling industries.
(C) Study topics.--The study conducted under
subparagraph (A) shall evaluate and provide
recommendations on the following topics:
(i) The elements to be included in the
national plastic recycling standards.
(ii) Ways that the national plastic
recycling standards may be better harmonized
with international, multinational and State
efforts, regulations, and chain of custody and
certified mass balance methodologies to
increase the efficiency and impact of the
national plastic recycling standards.
(iii) The best practices and strategies
developed by community recycling programs,
including consumer outreach and education, and
how and to what extent such practices and
strategies can and should be--
(I) incorporated into the National
Recycling Strategy;
(II) incorporated into the
activities of Federal agencies to
increase the national recycling rate;
or
(III) potential strategies to
encourage the development and
implementation of efficient waste
collection, sortation, pre-processing,
and mechanical and advanced recycling
technologies with respect to plastic
materials.
(iv) Ways that the National Plastics
Recycling Standards for sorted or partially
sorted mixed materials containing post-use
plastic may best support the increased use of
advanced recycling technologies to create
feedstocks for the production of circular
plastics and be harmonized with, or exempted
from, other Federal, State, and local laws to
increase advanced recycling capacity.
(v) Ways in which the national plastic
recycling standards may increase the supply of
materials entering recycling systems and
minimizing the incineration, landfilling, and
improper disposal of materials in the
environment.
(vi) Potential strategies to address
materials that enter the recycling collection
system that are not composed of post-use
plastics that significantly and adversely
impact the advancement of mechanical and
advanced recycling processes from achieving
annual mandates for recycled plastics in
plastics packaging.
(vii) Any additional authorities or
financial resources necessary for the
Administrator to improve data collection and
the standardization of reporting with regard to
the total supply of plastic packaging to enable
the analysis of reuse and recycling performance
and trends.
(viii) The potential incorporation of
advanced recycling and advanced recycling
products into the National Recycling Strategy.
(ix) Ways that the National Recycling
Strategy and other national recycling efforts
may be better harmonized with multinational,
international, State, and local regulations,
programs, and certification programs.
(x) The potential expansion of the National
Recycling Strategy to--
(I) improve and standardize
collection and metrics;
(II) prioritize innovation in
product design, post-use collecting,
sorting, and processing;
(III) expand public space
recycling;
(IV) improve existing recycling
systems and capacities;
(V) enhance reporting for
recycling, reuse, and compositing bio-
based plastics; and
(VI) incorporate mass balance
certification.
(xi) The benefits of innovative materials
on durable goods and infrastructure, such as
long-term pavement performance, emissions,
plant and construction operations,
infrastructure resiliency, and re-
recyclability.
(xii) The environmental, social, and
financial benefits of annual mandates for
recycled plastics in plastics packaging and the
benefits of third-party certification systems
for mechanical and advanced recycling.
(xiii) Potential ways that the National
Recycling Strategy may improve and optimize the
use of certified compostable products.
(xiv) Appropriate financial incentives,
increased tipping fees, and other mechanisms,
such as packaging fees, to encourage increased
collection, avoid wasteful dispositions of
post-use plastic products and encourage the
development and implementation of waste
collection, sortation, pre-processing, and
mechanical and advanced recycling technologies.
(xv) The impact of the use of the American
Society for Testing and Materials Resin
Identification Codes symbol on plastic products
on the rate of recycling in the United States,
and whether Federal standards for use of the
symbol in consumer outreach and education would
help achieve the plastic recycling goal set by
the Administrator under the National Recycling
Strategy.
(2) Report.--Not later than 15 months after the date on
which the Advisory Committee Management Officer deems a fair
balance of Committee membership under section 101(b)(2)(a), the
Committee shall complete the study and submit to the
Administrator a report on the study conducted under paragraph
(1), including--
(A) the findings of the Committee; and
(B) the recommendations of the Committee.
(3) Advise administrator.--In consultation with the
Committee, the Administrator shall--
(A) establish training for awareness and
implementation of the National Plastics Recycling
Standards for employees of the Environmental Protection
Agency; and
(B) develop educational materials and implement a
nationwide campaign targeted toward helping
residential, commercial, and industrial consumers
understand the role of such consumers in implementing
the National Plastics Recycling Standards.
(d) Funding.--There is authorized to be appropriated such sums as
are necessary to carry out this section.
SEC. 102. NATIONAL PLASTIC RECYCLING STANDARDS.
(a) Establishment.--Not later than 18 months after the date on
which the Committee issues a report under section 101(c), the
Administrator, in consultation with the relevant heads of Federal
agencies and taking into consideration such report, shall establish the
national plastic recycling standards for the purpose of supporting
achievement of the National Recycling Strategy.
(b) Requirements.--The national plastic recycling standards
established under subsection (a) shall contain the following:
(1) Specifications required for advanced recycling
feedstocks to support conversion back to new chemicals,
plastics, and other useful products.
(2) Minimum standards for municipal systems in which
residents are charged for waste collection based on the amount
of waste they throw away (Pay-As-You-Throw systems),
infrastructure capacity to ensure jurisdictions are able to
handle common materials and adjust to new waste streams, and
household access to optimize the ability of all Americans to
recycle, including the development of Federal grant programs to
assist with the equitable access for all communities, including
exurban, multi-family, and rural communities, to meet the
minimum access standards.
(3) Minimum processing requirements to increase the
recycling of post-use plastics.
(4) Systems, measures, and metrics to be used to analyze
the effectiveness of the national plastic recycling standards,
including recordkeeping and reporting requirements.
(5) Standards and guidelines for the testing, design,
manufacture, use, performance, and re-recyclability of
innovative material to be used in construction, preservation,
rehabilitation, or reconstruction of infrastructure and long-
term pavement, and including Federal grant programs for
projects prone to flooding due to severe storms, storm surges,
or projected sea level rise during the projected lifetime of
the project.
(6) Educational programs to promote compliance with and
support for the national plastic recycling standards, and
awareness of plastics recycling with respect to different
geographic, rural, and urban needs.
(7) Standards and data collection procedures to determine
the annual supply of post-use plastics available for advanced
recycling feedstocks.
(8) Standards for Federal, State, and municipal government
and industry data collection, metrics, and reporting for reuse,
recycling, composting, recovery, and disposal for the
Environmental Protection Agency to measure the national
recycling rate and report against the National Recycling Goal.
(c) Effective Date.--
(1) In general.--The Administrator shall establish a date,
no later than 3 years following promulgation of the National
Recycling Standards, for the standards to go into effect.
(2) Considerations.--In establishing the effective date
under paragraph (1), the Administrator shall take into
consideration--
(A) the cost of achieving a circular economy for
plastics;
(B) the feasibility of implementing the national
plastic recycling standards, including the time needed
to--
(i) obtain necessary permit approvals;
(ii) procure, install, and test control
equipment; and
(iii) procure funding to implement
infrastructure and access improvements,
including the development and disbursement of
Federal financial incentives;
(C) the availability of equipment, supplies, and
labor;
(D) the potential reduction of solid waste in
landfills, oceans, and the natural environment; and
(E) the potential net employment impacts.
SEC. 103. COMPARATIVE STUDY ON CARBON IMPACT OF RAW MATERIALS.
(a) Study.--Not later than 90 days after the date of enactment of
this Act, the Administrator shall seek to enter into appropriate
arrangements with the National Academies of Sciences, Engineering, and
Medicine (in this section referred to as the ``National Academies'')
under which the National Academies shall conduct a study that compares
the resource use, resource efficiency, and carbon impact of products
made of raw materials (including plastic, bio-based plastic, steel,
aluminum, glass, textiles, wood, and paper) across the life cycle,
including the production, transportation, packaging use, and any method
of recovery, of such products.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the National Academies shall submit to Congress, the
Administrator, the Secretary of Energy, and the Secretary of Commerce a
report on the study conducted under subsection (a) that includes--
(1) the findings of such study; and
(2) recommendations based on such findings--
(A) that address concerns associated with climate
change, including life cycle greenhouse gas emissions
of products made with raw materials;
(B) with respect to any knowledge gaps that may
require further scientific inquiry and studies; and
(C) on potential educational efforts to help
residential, commercial, and industrial consumers
understand the climate carbon footprint of such
residential, commercial, and industrial consumers.
TITLE II--MINIMUM MANDATE FOR RECYCLED PLASTIC
SEC. 201. DEFINITIONS.
In this title:
(1) Compliance deficit percentage.--The term ``compliance
deficit percentage'' means the amount of the mandate shortfall
divided by the mandated quantity of recycled plastics as
determined by Administrator.
(2) Mandate shortfall.--The term ``mandate shortfall''
means, in pounds, the sum of--
(A) the total pounds of plastics used in an annual
plastics packaging portfolio of a marketer multiplied
by the applicable mandate for recycled plastics, less
(B) the pounds of recycled plastics actually used,
as determined by the Administrator, in such annual
plastics packaging portfolio.
(3) Minimum mandate.--The term ``minimum mandate'' means
the requirement of having a minimum percentage of a plastics
packaging portfolio of a marketer that is made of recycled
plastics under section 202(a).
(4) Minimum percentage.--The term ``minimum percentage''
means the percentage that is determined by the Administrator
under section 202(b)(2).
(5) Plastics packaging portfolio.--The term ``plastics
packaging portfolio'' means a marketer's total annual portfolio
of plastics packaging, including packaging made from virgin and
recycled resins sold, marketed, and distributed in the United
States.
SEC. 202. MINIMUM MANDATE FOR RECYCLED PLASTIC IN PLASTICS PACKAGING
PORTFOLIO.
(a) Minimum Mandate.--Not later than 180 days after the date of
enactment of this Act, and for each calendar year thereafter subject to
paragraph (2), if applicable, the Administrator shall set regulations
requiring a minimum percentage of a plastics packaging portfolio of a
marketer containing plastics packaging that includes recycled plastics
in accordance with this section.
(b) Minimum Percentage.--
(1) 30 by 30.--In carrying out the minimum mandate under
subsection (a), the Administrator shall increase the minimum
percentage pursuant to paragraph (2) to a maximum of 30 percent
by 2030.
(2) Evaluation process.--
(A) Establishment.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
establish an evaluation process under which the
Administrator shall evaluate the minimum percentage
that is in effect at the time of beginning the
evaluation process to determine whether such minimum
percentage should be adjusted based on--
(i) the supply of on-specification recycled
post-use plastics feedstocks available for
mechanical or advanced recycling, calculated
based on the data the Administrator shall
require States to annually submit regarding the
amount of available incoming recycled
feedstocks by categories of post-use plastics,
and shall take into consideration the proximity
of the available recycled feedstocks to the
available recycling infrastructure, including
either mechanical or advanced recycling
facilities;
(ii) the annual data collected by the
Administrator pursuant to reporting
requirements developed pursuant to section 203
to evaluate the Nation's advanced recycling
capacity;
(iii) changes in market conditions,
including supply and demand for recycled post-
use plastics feedstocks, collection rates, and
post-use plastic availability both domestically
and globally;
(iv) the capacity of advanced and
mechanical recycling infrastructure;
(v) the supply of on-specification recycled
feedstocks available for mechanical or advanced
recycling to be used in plastics packaging that
contains drugs, medical devices, cosmetics,
medical food, or infant formula (as such terms
are defined in the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.)) or any
other product packages with health and safety
related recycled plastics restrictions;
(vi) any consultations with the National
Plastics Recycling Standards Committee or
experts from the scientific, process
engineering, economic development, plastics,
recycling, waste haulers, and recycling
industries; and
(vii) whether there has been implementation
of policies to support or help finance the
development of collection and sorting
infrastructure for post-use plastic.
(B) Evaluation.--Not later than 1 year after the
date on which the Administrator establishes the
evaluation process under subparagraph (A), and every
two years thereafter, the Administrator shall evaluate
the minimum percentage that is in effect at the time of
the evaluation using the process established under such
subparagraph and determine whether such minimum
percentage that is in effect should increase, decrease,
or stay the same for the following calendar year.
(C) Accelerated schedule.--Upon receipt of a
petition signed by at least 55 percent of all marketers
subject to this section, the Administrator may initiate
an evaluation on the date that is at least 1 year after
the date on which the Administrator conducted the
previous evaluation.
(c) Third-Party Certification.--
(1) In general.--The Administrator shall identify
international standards of third party certification bodies
including, but not limited to, as determined under paragraph
(2) that certify the percentage of recycled plastics in a
plastics packaging portfolio for the purpose of enforcing the
minimum mandate under section 203, in accordance with this
paragraph.
(2) Approved certification systems list.--Not later than
180 days after the enactment of this Act, the Administrator
shall issue a list that contains certification systems that:
(A) Apply chain of custody, attribution, mass
balance, and certified mass balance attribution for
identifying the percentage of recycled plastics in a
plastics packaging portfolio.
(B) Are approved by the Administrator to certify
the percentage of recycled plastics in a plastics
packaging portfolio of a marketer. These systems
include those run by the following organizations:
(i) International Sustainability and Carbon
Certification.
(ii) Underwriter Laboratories.
(iii) SCS Global Services.
(iv) Roundtable on Sustainable
Biomaterials.
(v) Ecocycle.
(vi) REDcert.
(3) Annual update.--Not later than 1 year after the date on
which the Administrator issues the approved certification
systems list under subparagraph (B), and annually thereafter,
the Administrator shall update the approved certification
systems list to incorporate new certification systems
satisfying the requirements in section 202(c)(2)(A).
(d) Timeline.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall establish a timeline and reporting
procedures by which--
(1) a marketer submits documents prepared by an approved
third-party certification body as identified under section
202(c) that details the percentage of recycled plastics used
within the plastics packaging portfolio of the marketer;
(2) the Administrator makes a determination on such
documents; and
(3) a marketer, upon certification, may begin to label
under section 203 of this Act.
(e) Applicability.--
(1) In general.--The minimum mandate shall apply to the
total annual plastics packaging portfolio of a marketer
excluding plastics packaging that is--
(A) manufactured from certified compostable
products; and
(B) subject to electrostatic discharge
restrictions.
(2) Voluntary inclusion.--For any marketer that has plastic
packaging that is excluded under paragraph (1), such marketer
may voluntarily include such excluded plastic packaging for the
purpose of determining the total annual plastics packaging
portfolio under paragraph (1).
SEC. 203. LABELING COMPLIANCE AND ENFORCEMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a plastics
recycling accounting and labeling program (in this section referred to
as the ``Program'') to increase the use and reliability of recycled
plastics for plastics packaging.
(b) Duties of Administrator.--Under the Program, the Administrator
shall:
(1) Outline the Administrator's oversight authority over
marketers in the plastics recycling accounting and labeling
programing, including the following:
(A) The certification process, including the
Administrator's procedures for confirmation that a
marketer has met the mandates for recycled plastics in
plastics packaging by satisfying the annual
requirements of an approved certification system. The
certification process shall include a one-page final
determination from the Administrator confirming the
marketer met the mandates for recycled plastics in
plastics packaging through an approved certification
system, which shall be automatically and electronically
conveyed to the Federal Trade Commission and the
marketer.
(B) The Administrator's obligation to publish basic
information about each marketer's efforts to meet the
minimum mandates, including the marketer's name and the
percent of recycled plastics achieved during past
certifications, while simultaneously protecting all
financial, production, or sales data from each marketer
that is claimed to confidential business information.
(C) Enforcement procedures and penalties for
prohibited acts performed by marketers with respect to
the certification process developed pursuant to section
202(d).
(i) The plastics recycling accounting and
labeling program's definition of ``prohibited
acts'' shall include violations of record
keeping requirements, knowing
misrepresentations by marketers in the
certification process, and knowing distribution
in commerce of any plastics packaging with the
label developed pursuant to paragraph (3).
(ii) If the Administrator has reason to
believe a marketer has undertaken a prohibited
act, the Administrator shall issue a notice of
noncompliance that may be corrected within 30
days. The Administrator may issue a civil
penalty for knowing violations. The civil
penalties shall not exceed the sum of $25,000
for every day of such violation. Any violation
with respect to a regulation prescribed
pursuant to the plastics recycling accounting
and labeling program which establishes a
regulatory standard based upon a multiday
averaging period shall constitute a separate
day of violation for each and every day in the
averaging period.
(D) Procedures for the Administrator to notify the
Federal Trade Commission when products produced by
marketers are identified in retail without proper
labeling, as they shall be developed pursuant paragraph
(3) or with labeling based on misrepresentations or any
prohibited acts.
(2) Develop recordkeeping requirements and procedures for
marketers involving the transfer of products between parties
that is synthesized with, but not duplicative of the
requirements of the approved certification system, and is
auditable by the Administrator. For purposes of this section,
the term ``transfer of product between parties'' means the
transfer of credits assigned to a post-use plastic product
through an approved certification system to another approved
certification system through a ``like-for-like product
exchange'' without requiring the physical movement of the post-
use plastic product between the systems, subject to the
following limitations:
(A) The exchanged products to which the post-use
plastic product has been attributed must be equivalent.
(B) The mass balance of the two systems and the
transfer must be independently verifiable. Transfer of
credits has the benefit of maximizing the market
opportunities for recycled material without driving
increased costs and related greenhouse gas emissions to
transport the same material between two locations.
(3) Develop a label that shall include the language ``____%
EPA Certified Balanced Recycled Plastics'' that can be placed
on plastics packaging by marketers satisfying the annual
certification process set forth in section 202 to create wide-
scale public awareness of products satisfying the plastics
recycling accounting and labeling program and assisting with
the Nation's efforts to achieve the National Recycling Goal.
(4) Develop procedures for placement of the label on a
variety of plastics packaging produced by marketers, taking
into consideration alternative labeling processes for various
types of plastics packaging.
(5) Develop public education and awareness initiatives of
the label, including providing special outreach to small
businesses, and the interconnection between the National
Recycling Goal and consumers purchasing products containing
recycled plastics from marketers.
(c) Enforcement.--Beginning on January 1, 2030, the Administrator
shall enforce the minimum mandate by conducting audits and assessing
administrative penalties against marketers that are not in compliance
with this title or in accordance with this section. Beginning March 1,
2030, and annually thereafter, the Administrator shall invoice any
assessed administrative penalties for the previous calendar year based
on the mandate for recycled plastics of the previous calendar year. The
Administrator shall calculate the amount of the penalty based upon the
amount in pounds in the aggregate of virgin and recycled plastics
material used by the marketer in its plastics packaging portfolio sold
or offered for sale in the United States. A marketer that has exceeded
the mandate for recycled plastics may indicate the actual percentage of
recycled plastics it achieved in its annual plastics packaging
portfolio on the label developed pursuant to section 203 of this Act.
(d) Requirements.--Not later than January 1, 2030, the
Administrator shall, by rulemaking, establish a process that--
(1) reviews information provided by a marketer;
(2) determines the mandate shortfall and the compliance
deficit percentage for each marketer; and
(3) beginning on March 1, 2030, invoicing administrative
penalties to marketers that are not in compliance.
(e) Administrative Penalty.--
(1) In general.--A marketer that has a mandate shortfall
greater than zero shall be, as determined by the Administrator,
not in compliance with the minimum mandate and subject to an
administrative penalty to be collected annually.
(2) Penalty fund.--Penalties received under this subsection
shall be deposited in a special fund, established by the
Administrator, to be used for enhancing educational and
infrastructure grants provided available to municipalities
pursuant to section 102 to promote compliance with the National
Plastics Recycling Standards.
(3) Penalty payment schedule.--A marketer that is assessed
a penalty pursuant to this subsection shall be permitted to pay
those penalties to the Administrator in quarterly installments
or arrange an alternative payment schedule subject to the
approval of the Administrator.
(4) Penalty amount.--
(A) In general.--In assessing an administrative
penalty against a noncompliant marketer, the
Administrator shall calculate such penalty in the
following manner:
(i) For a penalty assessed in 2030, the
penalty shall be 5 cents per pound of the
mandate shortfall.
(ii) For a penalty assessed in subsequent
years, if a noncompliant marketer--
(I) has a compliance deficit
percentage of 25 percent or less, the
penalty shall be 5 cents per pound of
the mandate shortfall;
(II) has a compliance deficit
percentage of 50 percent or less, but
greater than 25 percent, the penalty
shall be 10 cents per pound of the
mandate shortfall;
(III) has a compliance deficit
percentage of 75 percent or less, but
greater than 50 percent, the penalty
shall be 15 cents per pound of the
mandate shortfall; and
(IV) has a compliance deficit
percentage that is greater than 75
percent, the penalty shall be 20 cents
per pound of the mandate shortfall.
(B) Prorated penalties.--For penalties assessed
under subparagraph (A)(i)(II), a penalty that is 10
cents or higher per pound of the mandate shortfall may
be lowered by the Administrator by 5 cents per pound
each time a noncompliant marketer for which the penalty
was assessed makes payments that decreases the
compliance deficit percentage to the next percentage
bracket.
(5) Adjustments.--Not later than after the date on which
the Administrator begins to enforce the minimum mandate, the
Administrator shall evaluate the penalties assessed for the
year prior to determine if the penalty amounts under paragraph
(4) requires adjustment to prevent penalty amounts that are--
(A) too low, such that marketers would have a
financial incentive to pay the fines instead of
attempting to meet the minimum mandate; or
(B) too high, which may prevent marketers from
meeting the minimum mandate despite sincere efforts.
(f) Audits.--
(1) The Administrator may conduct audits and investigations
and take an enforcement action against a marketer for the
purpose of ensuring compliance with the mandates for recycled
plastics. The Administrator may take an enforcement action
against a marketer that fails to pay or underpays the assessed
or audited administrative penalty only after notice and hearing
terms developed by the Administrator.
(2) The Administrator shall keep confidential all business
trade secrets and proprietary information about manufacturing
processes and equipment that the Administrator gathers or
becomes aware of through the course of conducting audits or
investigations pursuant to subsection (f)(1). Business trade
secrets and proprietary information obtained pursuant to this
subdivision shall not be subject to the Freedom of Information
Act.
(3) A marketer may obtain a copy of the Administrator's
audit of that marketer conducted pursuant to subsection (f)(1).
SEC. 204. GENERAL PROVISIONS.
The provisions of this Act shall supersede any and all laws of any
State or political subdivision of a State insofar as they may now or
hereafter relate to any mandates for recycled plastics or recycled
content, or restrictions on the use of advanced recycling, mass
balance, labeling programs (as related to recycled plastics or recycled
content). No State or political subdivision thereof shall establish or
enforce any recycling mandates or recycling standards that are lesser,
conflicting, or inconsistent with the mandates or standards established
under this Act.
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