I 

116TH CONGRESS 

1ST SESSION H. R. 2577 

To amend the Emergency Planning and Community Right-To-Know Act of 

1986 to include per- and polyfluoroalkyl substances on the Toxics Release 

Inventory, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2019 

Mr. DELGADO (for himself, Mr. GALLAGHER, Mr. KILDEE, and Mr. 

FITZPATRICK) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Emergency Planning and Community RightTo-Know Act of 1986 to include per- and polyfluoroalkyl 

substances on the Toxics Release Inventory, 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 ‘‘PFAS Right-To-Know 

5 Act’’. 


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1 SEC. 2. INCLUSION OF PER- AND POLYFLUOROALKYL SUB2 STANCES ON THE TOXICS RELEASE INVEN3 TORY. 

4 Section 313 of the Emergency Planning and Commu5 nity Right-To-Know Act of 1986 (42 U.S.C. 11023) is 

6 amended— 

7 (1) in subsection (b)(1)— 

8 (A) by redesignating subparagraph (C) as 

9 subparagraph (D); and 

10 (B) by inserting after subparagraph (B) 

11 the following: 

12 ‘‘(C) Notwithstanding subparagraph (A), the 

13 requirements of this section shall apply to all owners 

14 and operators of facilities that— 

15 ‘‘(i) are in— 

16 ‘‘(I) Standard Industrial Classification 

17 Codes (as in effect on the date of enact18 ment of this subparagraph) 20 through 39, 

19 45, 99, or 4213; or 

20 ‘‘(II) North American Industry Classi21 fication System Codes (as in effect on the 

22 date of enactment of this subparagraph) 

23 484230 or 484121; and 

24 ‘‘(ii) manufactured, processed, or otherwise 

25 used per- and polyfluoroalkyl substances listed 

26 under subsection (c) in excess of the quantity 


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1 established under subsection (f)(1)(C) during 

2 the calendar year for which a release form is re3 quired under this section.’’; 

4 (2) in subsection (d), by adding at the end the 

5 following new paragraph: 

6 ‘‘(5) PER- AND POLYFLUOROALKYL SUB7 STANCES.— 

8 ‘‘(A) ADDITION OF SUBSTANCES.—Not 

9 later than 30 days after the date of enactment 

10 of this paragraph, the Administrator shall add 

11 to the list described in subsection (c) all per12 and polyfluoroalkyl substances on the list pub13 lished under section 8(b) of the Toxic Sub14 stances Control Act. 

15 ‘‘(B) INAPPLICABILITY OF CERTAIN PROVI16 SIONS.—The requirements of paragraph (1) 

17 and (2) shall not apply with respect to an addi18 tion to the list described in subsection (c) that 

19 is carried out under subparagraph (A) of this 

20 paragraph. 

21 ‘‘(C) NO DELETIONS.—Notwithstanding 

22 paragraph (1) or paragraph (3) of this sub23 section or subsection (e), the Administrator 

24 may not delete a substance described subparaVerDate Sep 11 2014 22:17 May 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2577.IH H2577

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1 graph (A) of this paragraph from the list de2 scribed in subsection (c).’’; and 

3 (3) in subsection (f)(1)— 

4 (A) in subparagraph (A), by inserting 

5 ‘‘(other than a toxic chemical described in sub6 paragraph (C))’’ after ‘‘to a toxic chemical’’; 

7 (B) in subparagraph (B), in the matter 

8 preceding clause (i), by inserting ‘‘(other than 

9 a toxic chemical described in subparagraph 

10 (C))’’ after ‘‘to a toxic chemical’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(C) With respect to per- or polyfluoroal13 kyl substances manufactured, processed, or 

14 used at a facility, a total of 1,000 pounds of 

15 per- or polyfluoroalkyl substances per year.’’. 

Æ 


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