US Codex
Pub. L.
Notes

Title III — Improving Domestic Infrastructure to Prevent Marine Debris

116th Congress · Approved Dec 18, 2020 · 134 Stat. 1072

TITLE III Improving Domestic Infrastructure to Prevent Marine Debris

SEC. 301. Strategy for Improving Post-Consumer Materials Management and Water Management.

(a)
In General.— Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall, in consultation with stakeholders, develop a strategy to improve post-consumer materials management and infrastructure for the purpose of reducing plastic waste and other post-consumer materials in waterways and oceans.
(b)
Release.— On development of the strategy under subsection (a), the EPA Administrator shall—
(1)
distribute the strategy to States; and
(2)
make the strategy publicly available, including for use by—
(A)
for-profit private entities involved in post-consumer materials management; and
(B)
other nongovernmental entities.

SEC. 302. Grant Programs.

(a)
Post-Consumer Materials Management Infrastructure Grant Program.—
(1)
In general.— The EPA Administrator may provide grants to States to implement the strategy developed under section 301(a) and—
(A)
to support improvements to local post-consumer materials management, including municipal recycling programs; and
(B)
to assist local waste management authorities in making improvements to local waste management systems.
(2)
Applications.— To be eligible to receive a grant under paragraph (1), the applicant State shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require.
(3)
Contents of applications.— In developing application requirements, the EPA Administrator shall consider requesting that a State applicant provide—
(A)
a description of—
(i)
the project or projects to be carried out using grant funds; and
(ii)
how the project or projects would result in the generation of less plastic waste;
(B)
a description of how the funds will support disadvantaged communities; and
(C)
an explanation of any limitations, such as flow control measures, that restrict access to reusable or recyclable materials.
(4)
Report to congress.— Not later than January 1, 2023, the EPA Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives a report that includes—
(A)
a description of the activities carried out under this subsection;
(B)
estimates as to how much plastic waste was prevented from entering the oceans and other waterways as a result of activities funded pursuant to this subsection; and
(C)
a recommendation on the utility of evolving the grant program into a new waste management State revolving fund.
(b)
Drinking Water Infrastructure Grants.—
(1)
In general.— The EPA Administrator may provide competitive grants to units of local government, Indian Tribes, and public water systems (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)) to support improvements in reducing and removing plastic waste and post-consumer materials, including microplastics and microfibers, from drinking water or sources of drinking water, including planning, design, construction, technical assistance, and planning support for operational adjustments.
(2)
Applications.— To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require.
(c)
Wastewater Infrastructure Grants.—
(1)
In general.— The EPA Administrator may provide grants to municipalities (as defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)) or Indian Tribes that own and operate treatment works (as such term is defined in section 212 of such Act (33 U.S.C. 1292)) for the construction of improvements to reduce and remove plastic waste and post-consumer materials, including microplastics and microfibers, from wastewater.
(2)
Applications.— To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require.
(d)
Trash-Free Waters Grants.—
(1)
In general.— The EPA Administrator may provide grants to units of local government, Indian Tribes, and nonprofit organizations—
(A)
to support projects to reduce the quantity of solid waste in bodies of water by reducing the quantity of waste at the source, including through anti-litter initiatives;
(B)
to enforce local post-consumer materials management ordinances;
(C)
to implement State or local policies relating to solid waste;
(D)
to capture post-consumer materials at stormwater inlets, at stormwater outfalls, or in bodies of water;
(E)
to provide education and outreach about post-consumer materials movement and reduction; and
(F)
to monitor or model flows of post-consumer materials, including monitoring or modeling a reduction in trash as a result of the implementation of best management practices for the reduction of plastic waste and other post-consumer materials in sources of drinking water.
(2)
Applications.— To be eligible to receive a grant under paragraph (1), an applicant shall submit to the EPA Administrator an application at such time, in such manner, and containing such information as the EPA Administrator may require.
(e)
Applicability of Federal Law.—
(1)
In general.— The EPA Administrator shall ensure that all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by a grant established by this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code.
(2)
Authority.— With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
(3)
Requirements.— The requirements of section 608 of the Federal Water Pollution Control Act (33 U.S.C. 1388) shall apply to the construction of a project carried out, in whole or in part, with assistance made available under this section in the same manner as the requirements of such section apply with respect to funds made available pursuant to title VI of such Act.
(f)
Limitation on Use of Funds.— A grant under this section may not be used (directly or indirectly) as a source of payment (in whole or in part) of, or security for, an obligation the interest on which is excluded from gross income under section 103 of the Internal Revenue Code of 1986.
(g)
Authorization of Appropriations.— There are authorized to be appropriated—
(1)
for the program described subsection (a), $55,000,000 for each of fiscal years 2021 through 2025; and
(2)
for each of the programs described subsections (b), (c), and (d), $10,000,000 for each of fiscal years 2021 through 2025.

SEC. 303. Study on Repurposing Plastic Waste in Infrastructure.

(a)
In General.— The Secretary of Transportation (referred to in this section as the “Secretary”) and the EPA Administrator shall jointly enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will—
(1)
conduct a study on the uses of plastic waste in infrastructure; and
(2)
as part of the study under paragraph (1)—
(A)
identify domestic and international examples of—
(i)
the use of plastic waste materials described in that paragraph;
(ii)
infrastructure projects in which the use of plastic waste has been applied; and
(iii)
projects in which the use of plastic waste has been incorporated into or with other infrastructure materials;
(B)
assess—
(i)
the effectiveness and utility of the uses of plastic waste described in that paragraph;
(ii)
the extent to which plastic waste materials are consistent with recognized specifications for infrastructure construction and other recognized standards;
(iii)
relevant impacts of plastic waste materials compared to non-waste plastic materials;
(iv)
the health, safety, and environmental impacts of—
(I)
plastic waste on humans and animals; and
(II)
the increased use of plastic waste for infrastructure;
(v)
the ability of plastic waste infrastructure to withstand natural disasters, extreme weather events, and other hazards; and
(vi)
plastic waste in infrastructure through an economic analysis; and
(C)
make recommendations with respect to what standards or matters may need to be addressed with respect to ensuring human and animal health and safety from the use of plastic waste in infrastructure.
(b)
Report Required.— Not later than 2 years after the date of enactment of this Act and subject to the availability of appropriations, the Secretary and the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a).

SEC. 304. Study on Effects of Microplastics in Food Supplies and Sources of Drinking Water.

(a)
In General.— The EPA Administrator, in consultation with the Under Secretary, shall seek to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies will conduct a human health and environmental risk assessment on microplastics, including microfibers, in food supplies and sources of drinking water.
(b)
Report Required.— Not later than 2 years after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a) that includes—
(1)
a science-based definition of “microplastics” that can be adopted in federally supported monitoring and future assessments supported or conducted by a Federal agency;
(2)
recommendations for standardized monitoring, testing, and other necessary protocols relating to microplastics;
(3)
an assessment of—
(A)
the extent to which microplastics are present in the food supplies and sources of drinking water; and
(B)
the type, source, prevalence, and risk of microplastics in the food supplies and sources of drinking water, including—
(i)
an identification of the most significant sources of those microplastics; and
(ii)
a review of the best available science to determine any potential hazards of microplastics in the food supplies and sources of drinking water; and
(4)
a measurement of—
(A)
the quantity of environmental chemicals that adsorb to microplastics; and
(B)
the quantity described in subparagraph (A) that would be available for human exposure through food supplies or sources of drinking water.

SEC. 305. Report on Eliminating Barriers to Increase the Collection of Recyclable Materials.

Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing—
(1)
the economic, educational, technological, resource availability, legal, or other barriers to increasing the collection, processing, and use of recyclable materials; and
(2)
recommendations to overcome the barriers described under paragraph (1).

SEC. 306. Report on Economic Incentives to Spur Development of New End-Use Markets for Recycled Plastics.

Not later than 1 year after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report describing the most efficient and effective economic incentives to spur the development of additional new end-use markets for recycled plastics, including plastic film, including the use of increased recycled content by manufacturers in the production of plastic goods and packaging.

SEC. 307. Report on Minimizing the Creation of New Plastic Waste.

(a)
In General.— The EPA Administrator, in coordination with the Interagency Marine Debris Coordinating Committee and the National Institute of Standards and Technology, shall conduct a study on minimizing the creation of new plastic waste.
(b)
Report.— Not later than 2 years after the date of enactment of this Act, the EPA Administrator shall submit to Congress a report on the study conducted under subsection (a) that includes—
(1)
an estimate of the current and projected United States production and consumption of plastics, by type of plastic, including consumer food products;
(2)
an estimate of the environmental effects and impacts of plastic production and use in relation to other materials;
(3)
an estimate of current and projected future recycling rates of plastics, by type of plastic;
(4)
an assessment of opportunities to minimize the creation of new plastic waste, including consumer food products, by reducing, recycling, reusing, refilling, refurbishing, or capturing plastic that would otherwise be part of a waste stream; and
(5)
an assessment of what post-consumer recycled content standards for plastic are technologically and economically feasible, and the impact of the standards on recycling rates.