I 

116TH CONGRESS 

1ST SESSION H. R. 2600 

To regulate per- and polyfluoroalkyl substances under the Toxic Substances 

Control Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2019 

Ms. DEAN (for herself, Mrs. DINGELL, Mr. CISNEROS, and Mr. KHANNA) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To regulate per- and polyfluoroalkyl substances under the 

Toxic Substances Control Act, 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 ‘‘Toxic PFAS Control 

5 Act’’. 

6 SEC. 2. REGULATION OF PERFLUOROALKYL AND 

7 POLYFLUOROALKYL SUBSTANCES. 

8 (a) IN GENERAL.—Section 6 of the Toxic Substances 

9 Control Act (15 U.S.C. 2605) is amended by adding at 

10 the end the following: 


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1 ‘‘(k) PERFLUOROALKYL AND POLYFLUOROALKYL

2 SUBSTANCES.— 

3 ‘‘(1) PROHIBITIONS.—Except as provided in 

4 subsection (g)— 

5 ‘‘(A) beginning on the date that is 6 

6 months after the date of enactment of this sub7 section— 

8 ‘‘(i) no person may manufacture any 

9 new chemical substance that is a 

10 perfluoroalkyl or polyfluoroalkyl substance; 

11 and 

12 ‘‘(ii) no person may manufacture or 

13 process any chemical substance that is a 

14 perfluoroalkyl or polyfluoroalkyl substance 

15 for a use that is a significant new use with 

16 respect to which the Administrator has 

17 issued a final or proposed determination in 

18 accordance with section 5(a)(2); 

19 ‘‘(B) beginning on the date that is 2 years 

20 after the date of enactment of this subsection, 

21 no person may manufacture any chemical sub22 stance that is a perfluoroalkyl or polyfluoroalkyl 

23 substance; and 

24 ‘‘(C) beginning on the date that is 3 years 

25 after the date of enactment of this subsection, 


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1 no person may process or distribute in com2 merce any chemical substance that is a 

3 perfluoroalkyl or polyfluoroalkyl substance. 

4 ‘‘(2) REGULATION.—Notwithstanding sub5 sections (a) through (d), not later than 6 months 

6 after the date of enactment of this subsection, the 

7 Administrator shall promulgate a rule that— 

8 ‘‘(A) prescribes the manner or method of 

9 disposal of any chemical substance that is a 

10 perfluoroalkyl or polyfluoroalkyl substance, or 

11 of any article containing such a chemical sub12 stance, by a manufacturer or processor or by 

13 any other person who uses or disposes of such 

14 a chemical substance, and that— 

15 ‘‘(i) does not require any person to 

16 take any action which would be in violation 

17 of any law or requirement of, or in effect 

18 for, a State or political subdivision; and 

19 ‘‘(ii) requires each person subject to it 

20 to notify each State and political subdivi21 sion in which a required disposal may 

22 occur of such disposal; 

23 ‘‘(B) requires that any such chemical sub24 stance, or article containing such a chemical 

25 substance, be marked with clear and adequate 


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1 minimum warnings, and instructions with re2 spect to its processing, use, distribution in com3 merce, or disposal or with respect to any com4 bination of such activities, including require5 ments for the form and content of such warn6 ings and instructions; 

7 ‘‘(C) requires any person manufacturing or 

8 processing any amount of such a chemical sub9 stance to report such manufacture or proc10 essing pursuant to section 8, notwithstanding 

11 subsection (a)(1) of such section; and 

12 ‘‘(D) requires any person manufacturing 

13 any such chemical substance— 

14 ‘‘(i) to accept for disposal in accord15 ance with subparagraph (A) any such 

16 chemical substance that has not been proc17 essed; 

18 ‘‘(ii) to replace or repurchase such 

19 chemical substance as elected by the per20 son to whom the requirement is directed; 

21 and 

22 ‘‘(iii) to give notice of the require23 ments of this subparagraph to the public, 

24 processors and distributors in commerce of 

25 such chemical substance and, to the extent 


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1 reasonably ascertainable, to other persons 

2 in possession of such chemical substance or 

3 exposed to such chemical substance.’’. 

4 (b) EXEMPTIONS.—Section 6(g) of the Toxic Sub5 stances Control Act (15 U.S.C. 2605(g)) is amended— 

6 (1) in paragraph (1), in the matter preceding 

7 subparagraph (A), by inserting ‘‘, or a requirement 

8 of subsection (k),’’ after ‘‘subsection (a) rule’’; and 

9 (2) in paragraph (3), by adding at the end the 

10 following: ‘‘An exemption under this subsection from 

11 a requirement of subsection (k) may be for a period 

12 that is not longer than 1 year.’’. 

Æ 


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