[Congressional Record Volume 167, Number 187 (Monday, October 25, 2021)]
[Senate]
[Page S7342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3868. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be 
proposed to the bill H.R. 4350, to authorize appropriations for fiscal 
year 2022 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in title X, insert the following:

     SEC. 1___. THRESHOLD FOR REPORTING ADDITIONS TO TOXICS 
                   RELEASE INVENTORY.

       (a) In General.--Section 7321 of the PFAS Act of 2019 (15 
     U.S.C. 8921) is amended--
       (1) in subsection (b)--
       (A) by striking paragraph (2);
       (B) by striking the subsection designation and heading and 
     all that follows through ``Subject'' in the matter preceding 
     subparagraph (A) of paragraph (1) and inserting the 
     following:
       ``(b) Immediate Inclusion.--Subject'';
       (C) in subparagraph (B), by striking ``subparagraph (A)'' 
     and inserting ``paragraph (1)'';
       (D) in subparagraph (D), by striking ``subparagraph (C)'' 
     and inserting ``paragraph (3)'';
       (E) in subparagraph (G), by striking ``subparagraph (F)'' 
     and inserting ``paragraph (6)'';
       (F) by redesignating subparagraphs (A) through (I) as 
     paragraphs (1) through (9), respectively, and indenting the 
     paragraphs appropriately; and
       (G) in paragraph (5) (as so redesignated)--
       (i) in the matter preceding clause (i), by striking 
     ``class'' and inserting ``category'';
       (ii) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively, and indenting the subparagraphs 
     appropriately; and
       (iii) in subparagraph (B) (as so redesignated), by 
     redesignating subclauses (I) and (II) as clauses (i) and 
     (ii), respectively, and indenting the clauses appropriately;
       (2) in subsection (c)--
       (A) by striking paragraph (2);
       (B) in paragraph (1), by striking ``class'' each place it 
     appears and inserting ``category'';
       (C) by striking the subsection designation and heading and 
     all that follows through ``Subject'' in the matter preceding 
     clause (i) of paragraph (1)(A) and inserting the following:
       ``(c) Inclusion Following Assessment.--
       ``(1) Date of inclusion.--Subject'';
       (D) by redesignating subparagraph (B) as paragraph (2);
       (E) in paragraph (1) (as so designated)--
       (i) in the matter preceding clause (i), by striking 
     ``subsection (b)(1)'' and inserting ``subsection (b)'';
       (ii) by redesignating clauses (i) through (iv) as 
     subparagraphs (A) through (D), respectively, and indenting 
     the subparagraphs appropriately; and
       (iii) in subparagraph (D) (as so redesignated), by 
     redesignating subclauses (I) and (II) as clauses (i) and 
     (ii), respectively, and indenting the clauses appropriately; 
     and
       (F) in paragraph (2) (as so redesignated), by striking 
     ``this paragraph'' and inserting ``this subsection'';
       (3) in subsection (d)--
       (A) by striking ``classes'' each place it appears and 
     inserting ``categories'';
       (B) by striking ``class'' each place it appears and 
     inserting ``category''; and
       (C) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``subsection (b)(1)'' and inserting ``subsection (b)''; and
       (ii) in subparagraph (L), by striking ``subsection 
     (b)(1)(F)'' and inserting ``subsection (b)(6)'';
       (4) in subsection (e)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``subsection (b)(1), (c)(1)'' and inserting 
     ``subsection (b), (c)''; and
       (B) by striking ``class'' each place it appears and 
     inserting ``category''; and
       (5) by adding at the end the following:
       ``(g) Reporting Requirements.--
       ``(1) Threshold for reporting requirements.--
       ``(A) In general.--
       ``(i) Threshold.--Subject to subparagraph (C), the 
     threshold for reporting under section 313 of the Emergency 
     Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
     11023) shall be met if, for a facility, the aggregate of the 
     sums of quantities described in clause (ii) is not less than 
     100 pounds.
       ``(ii) Sums of quantities described.--The sums of 
     quantities referred to in clause (i) are--

       ``(I) the sum of the quantities of substances and 
     categories of substances described in subsections (b), (c), 
     and (d)(3) manufactured by a facility;
       ``(II) the sum of the quantities of substances and 
     categories of substances described in subsections (b), (c), 
     and (d)(3) processed by a facility; and
       ``(III) the sum of the quantities of substances and 
     categories of substances described in subsections (b), (c), 
     and (d)(3) otherwise used by a facility.

       ``(B) Method of reporting.--After a threshold determination 
     described in subparagraph (A)(i) has been made, a toxic 
     chemical release form shall be reported separately for each 
     substance or category of substances described in subsections 
     (b), (c), and (d)(3) for which a facility conducted a 
     manufacturing, processing, or other use activity.
       ``(C) Revisions.--Not later than 5 years after the date on 
     which a perfluoroalkyl or polyfluoroalkyl substance or 
     category of perfluoroalkyl or polyfluoroalkyl substances is 
     included in the toxics release inventory under subsection 
     (b), (c), or (d)(3), the Administrator shall--
       ``(i) determine whether revision of the threshold, 
     category, or threshold and category under subparagraph (A)(i) 
     is warranted for the substance or category of substances; 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)).
       ``(2) Limitations.--
       ``(A) Conditional addition to list of lower thresholds for 
     chemicals of special concern.--The Administrator shall revise 
     section 372.28 of title 40, Code of Federal Regulations (or 
     successor regulations), to add a perfluoroalkyl or 
     polyfluoroalkyl substance or category of perfluoroalkyl or 
     polyfluoroalkyl substances described in subsection (b), (c), 
     or (d)(3) to that section unless the Administrator, in 
     accordance with paragraph (1)(C), revises the threshold for 
     reporting that substance or category of substances to 10,000 
     pounds or greater.
       ``(B) Notification about toxic chemicals.--A perfluoroalkyl 
     or polyfluoroalkyl substance or category of perfluoroalkyl or 
     polyfluoroalkyl substances described in subsection (b), (c), 
     or (d)(3) shall not be eligible for the exemption from 
     supplier notification under section 372.45(d)(1) of title 40, 
     Code of Federal Regulations (or successor regulations).
       ``(C) Revisions.--Not later than 5 years after the date on 
     which a perfluoroalkyl or polyfluoroalkyl substance or 
     category of perfluoroalkyl or polyfluoroalkyl substances is 
     included in the toxics release inventory under subsection 
     (b), (c), or (d)(3), the Administrator shall--
       ``(i) determine whether revision of the supplier 
     notification requirement under section 372.45 of title 40, 
     Code of Federal Regulations (or successor regulations), is 
     warranted for the substance or category of substances; and
       ``(ii) if the Administrator determines a revision to be 
     warranted under clause (i), initiate a revision pursuant to 
     section 328 of the Emergency Planning and Community Right-To-
     Know Act of 1986 (42 U.S.C. 11048).''.
       (b) Conforming Amendments.--Section 313(c)(2) of the 
     Emergency Planning and Community Right-To-Know Act of 1986 
     (42 U.S.C. 11023(c)(2)) is amended--
       (1) by striking ``subsections (b)(1), (c)(1)'' and 
     inserting ``subsections (b), (c)''; and
       (2) by striking ``2019'' and inserting ``2019 (15 U.S.C. 
     8921)''.
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