SUBCHAPTER III—IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS

§4281. Strategy for improving post-consumer materials management and water management

(a) In general

Not later than 1 year after December 18, 2020, 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.

(Pub. L. 116–224, title III, §301, Dec. 18, 2020, 134 Stat. 1092.)

§4282. 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 4281(a) of this title 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 300f of title 42) 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.

(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.

(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 [33 U.S.C. 1381 et seq.].

(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 title 26.

(g) Authorization of appropriations

There are authorized to be appropriated—

(1) for the program described ¹ subsection (a), $55,000,000 for each of fiscal years 2021 through 2025; and

(2) for each of the programs described ¹ subsections (b), (c), and (d), $10,000,000 for each of fiscal years 2021 through 2025.

(Pub. L. 116–224, title III, §302, Dec. 18, 2020, 134 Stat. 1092.)

Editorial Notes

References in Text

The Federal Water Pollution Control Act, referred to in subsec. (e)(3), is act June 30, 1948, ch. 758. Title VI of the Act, as added by Pub. L. 100–4, title II, §212(a), Feb. 4, 1987, 101 Stat. 22, is classified generally to subchapter VI (§1381 et seq.) of chapter 26 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables.

¹ So in original. Probably should be followed by "in".