II 

117TH CONGRESS 

1ST SESSION S. 2994 

To list certain perfluoroalkyl and polyfluoroalkyl substances as hazardous 

air pollutants, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 19, 2021 

Mr. PADILLA (for himself, Mrs. SHAHEEN, Mrs. GILLIBRAND, Mrs. FEINSTEIN, Ms. HASSAN, and Mr. BLUMENTHAL) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

A BILL 

To list certain perfluoroalkyl and polyfluoroalkyl substances 

as hazardous air pollutants, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prevent Release Of 

5 Toxics Emissions, Contamination, and Transfer Act of 

6 2021’’ or the ‘‘PROTECT Act of 2021’’. 


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1 SEC. 2. LISTING OF PERFLUOROALKYL AND 

2 POLYFLUOROALKYL SUBSTANCES AS HAZ3 ARDOUS AIR POLLUTANTS. 

4 (a) LISTING.— 

5 (1) INITIAL LISTING.—Section 112(b) of the 

6 Clean Air Act (42 U.S.C. 7412(b)) is amended by 

7 adding at the end the following: 

8 ‘‘(8) PERFLUOROALKYL AND

9 POLYFLUOROALKYL SUBSTANCES.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), beginning on the date of enactment 

12 of the Prevent Release Of Toxics Emissions, 

13 Contamination, and Transfer Act of 2021, the 

14 following substances are included on the list of 

15 hazardous air pollutants under paragraph (1): 

16 ‘‘(i) Perfluorooctanoic acid and its 

17 salts. 

18 ‘‘(ii) Perfluorooctanesulfonic acid and 

19 its salts. 

20 ‘‘(iii) Perfluorobutanesulfonic acid. 

21 ‘‘(iv) Hexafluoropropylene oxide dimer 

22 acid and its ammonium salt (commonly re23 ferred to as ‘GenX chemicals’). 

24 ‘‘(B) IMPLEMENTING REGULATIONS.— 

25 ‘‘(i) SOURCE CATEGORIES.—Notwith26 standing any other provision of this secVerDate Sep 11 2014 18:25 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2994.IS S2994

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1 tion, not later than 2 years after the date 

2 of enactment of the Prevent Release Of 

3 Toxics Emissions, Contamination, and 

4 Transfer Act of 2021, the Administrator 

5 shall revise the list of the categories and 

6 subcategories of major sources and area 

7 sources established under subsection (c)(1) 

8 to include the categories and subcategories 

9 of the substances described in subpara10 graph (A). 

11 ‘‘(ii) OTHER REGULATIONS.—Not12 withstanding any other provision of this 

13 section and except as provided in clause 

14 (i), not later than 5 years after the date of 

15 enactment of the Prevent Release Of 

16 Toxics Emissions, Contamination, and 

17 Transfer Act of 2021, the Administrator 

18 shall finalize the emission standards and 

19 other regulations necessary under this sec20 tion for the substances included on the list 

21 of hazardous air pollutants under subpara22 graph (A). 

23 ‘‘(iii) SAVINGS CLAUSE.—The Admin24 istrator may not enforce the listing of any 

25 hazardous air pollutant under subparaVerDate Sep 11 2014 18:25 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2994.IS S2994

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1 graph (A) until the regulations issued 

2 under clause (ii) are finalized.’’. 

3 (2) ADDITIONAL LISTINGS.— 

4 (A) IN GENERAL.—Not later than 5 years 

5 after the date of enactment of this Act, the Ad6 ministrator of the Environmental Protection 

7 Agency (referred to in this Act as the ‘‘Admin8 istrator’’) shall determine whether to issue, in 

9 accordance with section 112 of the Clean Air 

10 Act (42 U.S.C. 7412), final rules adding 

11 perfluoroalkyl and polyfluoroalkyl substances 

12 other than the perfluoroalkyl and 

13 polyfluoroalkyl substances described in sub14 section (b)(8) of that section to the list of haz15 ardous air pollutants established under sub16 section (b) of that section. 

17 (B) SOURCES CATEGORIES.—Not later 

18 than 2 years after the date on which a final 

19 rule is issued pursuant to subparagraph (A), 

20 the Administrator shall revise the list of the 

21 categories and subcategories of major sources 

22 and area sources established under section 

23 112(c)(1) of the Clean Air Act (42 U.S.C. 

24 7412(c)(1)) to include the categories and sub25 categories of major sources and area sources of 


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1 the perfluoroalkyl and polyfluoroalkyl sub2 stances listed pursuant to that final rule. 

3 (C) OTHER REGULATIONS.—Notwith4 standing any other provision of section 112 of 

5 the Clean Air Act (42 U.S.C. 7412) and except 

6 as provided in subparagraph (B), not later than 

7 5 years after the date of enactment of this Act, 

8 the Administrator shall finalize the emission 

9 standards and other regulations necessary 

10 under that section for the substances described 

11 in subparagraph (A). 

12 (b) PETITIONS.—Nothing in this Act or an amend13 ment made by this Act affects the requirement that the 

14 Administrator grant or deny a petition under section 

15 112(b)(3)(A) of the Clean Air Act (42 U.S.C. 

16 7412(b)(3)(A)) within 18 months of the receipt of the pe17 tition, including a petition with respect to a substance de18 scribed in subsection (a)(2)(A). 

19 (c) QUANTIFICATION.—For each substance added to 

20 the list of hazardous air pollutants established under sec21 tion 112(b) of the Clean Air Act (42 U.S.C. 7412(b)) pur22 suant to this Act or under an amendment made by this 

23 Act, the Administrator shall— 

24 (1) provide support and services to advance the 

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1 stance, or an appropriate surrogate for that sub2 stance, the state of technology for control of those 

3 emissions, and measurement approaches to quantify 

4 and measure those emissions; and 

5 (2) to the extent practicable, continue to de6 velop and improve the relevant source testing and 

7 ambient air measurement methodologies to facili8 tate— 

9 (A) the identification of emissions sources 

10 of the substance; and 

11 (B) the detection and reporting of the 

12 emitted amounts of the substance. 

Æ 


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