[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1507 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1507
To include certain perfluoroalkyl and polyfluoroalkyl substances in the
toxics release inventory, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2019
Mrs. Capito (for herself, Mrs. Gillibrand, and Mr. Carper) introduced
the following bill; which was read twice and referred to the Committee
on Environment and Public Works
_______________________________________________________________________
A BILL
To include certain perfluoroalkyl and polyfluoroalkyl substances in the
toxics release inventory, 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.
This Act may be cited as the ``PFAS Release Disclosure Act''.
SEC. 2. ADDITIONS TO TOXICS RELEASE INVENTORY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Toxics release inventory.--The term ``toxics release
inventory'' means the toxics release inventory under section
313(c) of the Emergency Planning and Community Right-To-Know
Act of 1986 (42 U.S.C. 11023(c)).
(b) Immediate Inclusion.--
(1) In general.--Subject to subsection (e), beginning
January 1 of the calendar year following the date of enactment
of this Act, the following chemicals shall be deemed to be
included in the toxics release inventory:
(A) Perfluorooctanoic acid (commonly referred to as
``PFOA'') (Chemical Abstracts Service No. 335-67-1).
(B) The salt associated with the chemical described
in subparagraph (A) (Chemical Abstracts Service No.
3825-26-1).
(C) Perfluorooctane sulfonic acid (commonly
referred to as ``PFOS'') (Chemical Abstracts Service
No. 1763-23-1).
(D) The salts associated with the chemical
described in subparagraph (C) (Chemical Abstract
Service Nos. 45298-90-6, 29457-72-5, 56773-42-3, 29081-
56-9, 4021-47-0, 111873-33-7, and 91036-71-4).
(E) A perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl or polyfluoroalkyl
substances that is--
(i) listed as an active chemical substance
in the February 2019 update to the inventory
under section 8(b)(1) of the Toxic Substances
Control Act (15 U.S.C. 2607(b)(1)); and
(ii) on the date of enactment of this Act,
subject to the provisions of--
(I) section 721.9582 of title 40,
Code of Federal Regulations; or
(II) section 721.10536 of title 40,
Code of Federal Regulations.
(2) Threshold for reporting.--
(A) In general.--Subject to subparagraph (B), the
threshold for reporting the chemicals described in
paragraph (1) under section 313(f)(1) of the Emergency
Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11023(f)(1)) is 100 pounds.
(B) Revisions.--Not later than 5 years after the
date of enactment of this Act, the Administrator
shall--
(i) determine whether revision of the
threshold under subparagraph (A) is warranted;
and
(ii) if the Administrator determines a
revision to be warranted under clause (i),
initiate a revision under section 313(f)(2) of
the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(f)(2)).
(c) Inclusion Following Assessment.--
(1) In general.--Subject to subsection (e), a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances shall be
automatically included in the toxics release inventory
beginning January 1 of the calendar year after any of the
following dates:
(A) Establishment of toxicity value.--The date on
which the Administrator establishes a toxicity value
for the perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances.
(B) Significant new use rule.--The date on which
the Administrator finalizes a significant new use rule
under subsection (a)(2) or (f) of section 5 of the
Toxic Substances Control Act (15 U.S.C. 2604) for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
(C) Addition to existing significant new use
rule.--The date on which the perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances is added to a list of
substances covered by a significant new use rule under
subsection (a)(2) or (f) of section 5 of the Toxic
Substances Control Act (15 U.S.C. 2604).
(D) Addition as active chemical substance.--The
date on which the perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances that is on a list of substances covered by a
significant new use rule under subsection (a)(2) or (f)
of section 5 of the Toxic Substances Control Act (15
U.S.C. 2604) is added as an active chemical substance
on the inventory under section 8(b)(1) of the Toxic
Substances Control Act (15 U.S.C. 2607(b)(1)).
(2) Threshold for reporting.--
(A) In general.--Subject to subparagraph (B), the
threshold for reporting under section 313(f)(1) of the
Emergency Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11203(f)(1)) the substances and classes
of substances included in the toxics release inventory
under paragraph (1) is 100 pounds.
(B) Revisions.--Not later than 5 years after the
date of enactment of this Act, the Administrator
shall--
(i) determine whether revision of the
thresholds under subparagraph (A) is warranted;
and
(ii) if the Administrator determines a
revision to be warranted under clause (i),
initiate a revision under section 313(f)(2) of
the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(f)(2)).
(d) Inclusion Following Determination.--
(1) In general.--To the extent not already subject to
subsection (b), not later than 2 years after the date of
enactment of this Act, the Administrator shall determine
whether the substances and classes of substances described in
paragraph (2) meet the criteria described in section 313(d)(2)
of the Emergency Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11023(d)(2)) for inclusion in the toxics
release inventory.
(2) Substances described.--The substances and classes of
substances referred to in paragraph (1) are perfluoroalkyl and
polyfluoroalkyl substances and classes of perfluoroalkyl and
polyfluoroalkyl substances, including--
(A) hexafluoropropylene oxide dimer acid (Chemical
Abstracts Service No. 13252-13-6);
(B) the compounds associated with the chemical
described in subparagraph (A) (Chemical Abstracts
Service Nos. 62037-80-3 and 2062-98-8);
(C) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic
acid] ammonium salt (Chemical Abstracts Service No.
908020-52-0);
(D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-
2-(trifluoromethoxy) propanoyl fluoride (Chemical
Abstracts Service No. 2479-75-6);
(E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-
2-(trifluoromethoxy) propionic acid (Chemical Abstracts
Service No. 2479-73-4);
(F) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic
acid] (Chemical Abstracts Service No. 919005-14-4);
(G) the salts associated with the chemical
described in subparagraph (F) (Chemical Abstracts
Service Nos. 958445-44-8, 1087271-46-2, and
NOCAS_892452);
(H) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-
tridecafluoro-potassium salt (Chemical Abstracts
Service No. 59587-38-1);
(I) perfluorobutanesulfonic acid (Chemical
Abstracts Service No. 375-73-5);
(J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-
nonafluoro-potassium salt (Chemical Abstracts Service
No. 29420-49-3);
(K) the component associated with the chemical
described in subparagraph (J) (Chemical Abstracts
Service No. 45187-15-3);
(L) heptafluorobutyric acid (Chemical Abstracts
Service No. 375-22-4);
(M) perfluorohexanoic acid (Chemical Abstracts
Service No. 307-24-4); and
(N) a perfluoroalkyl and polyfluoroalkyl substance
or class of perfluoroalkyl or polyfluoroalkyl
substances other than those chemicals described in
subparagraphs (A) through (M) that is used to
manufacture fluoropolymers, as determined by the
Administrator.
(3) Addition to toxics release inventory.--Subject to
subsection (e), if the Administrator determines under paragraph
(1) that a substance or a class of substances described in
paragraph (2) meets the criteria described in section 313(d)(2)
of the Emergency Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11023(d)(2)), the Administrator shall revise
the toxics release inventory to include that substance or class
of substances not later than 2 years after the date on which
the Administrator makes the determination.
(e) Confidential Business Information.--
(1) In general.--Prior to including on the toxics release
inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances the chemical
identity of which is subject to a claim of a person of
protection from disclosure under subsection (a) of section 552
of title 5, United States Code, pursuant to subsection (b)(4)
of that section, the Administrator shall--
(A) review that claim of protection from
disclosure; and
(B) require that person to reassert and
substantiate or resubstantiate that claim in accordance
with section 14(f) of the Toxic Substances Control Act
(15 U.S.C. 2613(f)).
(2) Nondisclosure of protection information.--If the
Administrator determines that the chemical identity of a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances qualifies for
protection from disclosure under paragraph (1), the
Administrator shall include the substance or class of
substances, as applicable, on the toxics release inventory in a
manner that does not disclose the protected information.
(f) Emergency Planning and Community Right-To-Know Act of 1986.--
Section 313(c) of the Emergency Planning and Community Right-To-Know
Act of 1986 (42 U.S.C. 11023(c)) is amended--
(1) by striking the period at the end and inserting ``;
and'';
(2) by striking ``are those chemicals'' and inserting the
following: ``are--
``(1) the chemicals''; and
(3) by adding at the end the following:
``(2) the chemicals included under subsections (b)(1),
(c)(1), and (d)(3) of section 2 of the PFAS Release Disclosure
Act.''.
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