§4282 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The EPA Administrator may give grants to states, local governments, Indian Tribes, public water systems, municipalities, and nonprofits to cut plastic and other post-consumer waste from waterways, drinking water, and wastewater. Grants can fund state recycling and waste improvements, local waste system upgrades, projects to remove microplastics from drinking water, upgrades to wastewater treatment, and actions to reduce trash at the source (like anti-litter work, stormwater capture, education, enforcement, and monitoring). To get money, applicants must send an application when and how the EPA requires. State applications may need a project description, how it will reduce plastic, how it helps disadvantaged communities, and any local limits on recycling access. By January 1, 2023, the EPA must report to the named Congressional committees on activities, estimated plastic kept out of waterways, and whether to make a waste management State revolving fund. Workers on funded projects must be paid at least the local prevailing wage set by the Secretary of Labor, and relevant Clean Water Act construction rules apply. Grants cannot be used to pay for or secure tax-exempt bond obligations. Authorized funding: $55,000,000 each year for fiscal years 2021–2025 for the state program, and $10,000,000 each year for fiscal years 2021–2025 for each of the other programs.

Title 33, §4282

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)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)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)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)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)(1)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)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)(1)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.

(d)(1)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.

(e)(1)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)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)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)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)There are authorized to be appropriated—

(1)for the program described 11 So in original. Probably should be followed by “in”. 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.

Notes & Related Subsidiaries

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.

§4282 Grant programs