II 

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. 

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 Release Disclo5 sure Act’’. 

6 SEC. 2. ADDITIONS TO TOXICS RELEASE INVENTORY. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) TOXICS RELEASE INVENTORY.—The term 

5 ‘‘toxics release inventory’’ means the toxics release 

6 inventory under section 313(c) of the Emergency 

7 Planning and Community Right-To-Know Act of 

8 1986 (42 U.S.C. 11023(c)). 

9 (b) IMMEDIATE INCLUSION.— 

10 (1) IN GENERAL.—Subject to subsection (e), 

11 beginning January 1 of the calendar year following 

12 the date of enactment of this Act, the following 

13 chemicals shall be deemed to be included in the 

14 toxics release inventory: 

15 (A) Perfluorooctanoic acid (commonly re16 ferred to as ‘‘PFOA’’) (Chemical Abstracts 

17 Service No. 335–67–1). 

18 (B) The salt associated with the chemical 

19 described in subparagraph (A) (Chemical Ab20 stracts Service No. 3825–26–1). 

21 (C) Perfluorooctane sulfonic acid (com22 monly referred to as ‘‘PFOS’’) (Chemical Ab23 stracts Service No. 1763–23–1). 

24 (D) The salts associated with the chemical 

25 described in subparagraph (C) (Chemical AbVerDate Sep 11 2014 03:43 May 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1507.IS S1507

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1 stract Service Nos. 45298–90–6, 29457–72–5, 

2 56773–42–3, 29081–56–9, 4021–47–0, 

3 111873–33–7, and 91036–71–4). 

4 (E) A perfluoroalkyl or polyfluoroalkyl sub5 stance or class of perfluoroalkyl or 

6 polyfluoroalkyl substances that is— 

7 (i) listed as an active chemical sub8 stance in the February 2019 update to the 

9 inventory under section 8(b)(1) of the 

10 Toxic Substances Control Act (15 U.S.C. 

11 2607(b)(1)); and 

12 (ii) on the date of enactment of this 

13 Act, subject to the provisions of— 

14 (I) section 721.9582 of title 40, 

15 Code of Federal Regulations; or 

16 (II) section 721.10536 of title 

17 40, Code of Federal Regulations. 

18 (2) THRESHOLD FOR REPORTING.— 

19 (A) IN GENERAL.—Subject to subpara20 graph (B), the threshold for reporting the 

21 chemicals described in paragraph (1) under sec22 tion 313(f)(1) of the Emergency Planning and 

23 Community Right-To-Know Act of 1986 (42 

24 U.S.C. 11023(f)(1)) is 100 pounds. 


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1 (B) REVISIONS.—Not later than 5 years 

2 after the date of enactment of this Act, the Ad3 ministrator shall— 

4 (i) determine whether revision of the 

5 threshold under subparagraph (A) is war6 ranted; and 

7 (ii) if the Administrator determines a 

8 revision to be warranted under clause (i), 

9 initiate a revision under section 313(f)(2) 

10 of the Emergency Planning and Commu11 nity Right-To-Know Act of 1986 (42 

12 U.S.C. 11023(f)(2)). 

13 (c) INCLUSION FOLLOWING ASSESSMENT.— 

14 (1) IN GENERAL.—Subject to subsection (e), a 

15 perfluoroalkyl or polyfluoroalkyl substance or class 

16 of perfluoroalkyl or polyfluoroalkyl substances shall 

17 be automatically included in the toxics release inven18 tory beginning January 1 of the calendar year after 

19 any of the following dates: 

20 (A) ESTABLISHMENT OF TOXICITY

21 VALUE.—The date on which the Administrator 

22 establishes a toxicity value for the 

23 perfluoroalkyl or polyfluoroalkyl substance or 

24 class of perfluoroalkyl or polyfluoroalkyl sub25 stances. 


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1 (B) SIGNIFICANT NEW USE RULE.—The 

2 date on which the Administrator finalizes a sig3 nificant new use rule under subsection (a)(2) or 

4 (f) of section 5 of the Toxic Substances Control 

5 Act (15 U.S.C. 2604) for the perfluoroalkyl or 

6 polyfluoroalkyl substance or class of 

7 perfluoroalkyl or polyfluoroalkyl substances. 

8 (C) ADDITION TO EXISTING SIGNIFICANT

9 NEW USE RULE.—The date on which the 

10 perfluoroalkyl or polyfluoroalkyl substance or 

11 class of perfluoroalkyl or polyfluoroalkyl sub12 stances is added to a list of substances covered 

13 by a significant new use rule under subsection 

14 (a)(2) or (f) of section 5 of the Toxic Sub15 stances Control Act (15 U.S.C. 2604). 

16 (D) ADDITION AS ACTIVE CHEMICAL SUB17 STANCE.—The date on which the perfluoroalkyl 

18 or polyfluoroalkyl substance or class of 

19 perfluoroalkyl or polyfluoroalkyl substances that 

20 is on a list of substances covered by a signifi21 cant new use rule under subsection (a)(2) or (f) 

22 of section 5 of the Toxic Substances Control 

23 Act (15 U.S.C. 2604) is added as an active 

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1 tion 8(b)(1) of the Toxic Substances Control 

2 Act (15 U.S.C. 2607(b)(1)). 

3 (2) THRESHOLD FOR REPORTING.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), the threshold for reporting under 

6 section 313(f)(1) of the Emergency Planning 

7 and Community Right-To-Know Act of 1986 

8 (42 U.S.C. 11203(f)(1)) the substances and 

9 classes of substances included in the toxics re10 lease inventory under paragraph (1) is 100 

11 pounds. 

12 (B) REVISIONS.—Not later than 5 years 

13 after the date of enactment of this Act, the Ad14 ministrator shall— 

15 (i) determine whether revision of the 

16 thresholds under subparagraph (A) is war17 ranted; and 

18 (ii) if the Administrator determines a 

19 revision to be warranted under clause (i), 

20 initiate a revision under section 313(f)(2) 

21 of the Emergency Planning and Commu22 nity Right-To-Know Act of 1986 (42 

23 U.S.C. 11023(f)(2)). 

24 (d) INCLUSION FOLLOWING DETERMINATION.— 


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1 (1) IN GENERAL.—To the extent not already 

2 subject to subsection (b), not later than 2 years 

3 after the date of enactment of this Act, the Adminis4 trator shall determine whether the substances and 

5 classes of substances described in paragraph (2) 

6 meet the criteria described in section 313(d)(2) of 

7 the Emergency Planning and Community Right-To8 Know Act of 1986 (42 U.S.C. 11023(d)(2)) for in9 clusion in the toxics release inventory. 

10 (2) SUBSTANCES DESCRIBED.—The substances 

11 and classes of substances referred to in paragraph 

12 (1) are perfluoroalkyl and polyfluoroalkyl substances 

13 and classes of perfluoroalkyl and polyfluoroalkyl sub14 stances, including— 

15 (A) hexafluoropropylene oxide dimer acid 

16 (Chemical Abstracts Service No. 13252–13–6); 

17 (B) the compounds associated with the 

18 chemical described in subparagraph (A) (Chem19 ical Abstracts Service Nos. 62037–80–3 and 

20 2062–98–8); 

21 (C) perfluoro[(2-pentafluoroethoxy22 ethoxy)acetic acid] ammonium salt (Chemical 

23 Abstracts Service No. 908020–52–0); 

24 (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- 

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1 ride (Chemical Abstracts Service No. 2479–75– 

2 6); 

3 (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3- 

4 hexafluoro)-2-(trifluoromethoxy) propionic acid 

5 (Chemical Abstracts Service No. 2479–73–4); 

6 (F) 3H-perfluoro-3-[(3-methoxy-propoxy) 

7 propanoic acid] (Chemical Abstracts Service 

8 No. 919005–14–4); 

9 (G) the salts associated with the chemical 

10 described in subparagraph (F) (Chemical Ab11 stracts Service Nos. 958445–44–8, 1087271– 

12 46–2, and NOCASl892452); 

13 (H) 1-octanesulfonic acid 

14 3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium 

15 salt (Chemical Abstracts Service No. 59587– 

16 38–1); 

17 (I) perfluorobutanesulfonic acid (Chemical 

18 Abstracts Service No. 375–73–5); 

19 (J) 1-Butanesulfonic acid, 

20 1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt 

21 (Chemical Abstracts Service No. 29420–49–3); 

22 (K) the component associated with the 

23 chemical described in subparagraph (J) (Chem24 ical Abstracts Service No. 45187–15–3); 


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1 (L) heptafluorobutyric acid (Chemical Ab2 stracts Service No. 375–22–4); 

3 (M) perfluorohexanoic acid (Chemical Ab4 stracts Service No. 307–24–4); and 

5 (N) a perfluoroalkyl and polyfluoroalkyl 

6 substance or class of perfluoroalkyl or 

7 polyfluoroalkyl substances other than those 

8 chemicals described in subparagraphs (A) 

9 through (M) that is used to manufacture 

10 fluoropolymers, as determined by the Adminis11 trator. 

12 (3) ADDITION TO TOXICS RELEASE INVEN13 TORY.—Subject to subsection (e), if the Adminis14 trator determines under paragraph (1) that a sub15 stance or a class of substances described in para16 graph (2) meets the criteria described in section 

17 313(d)(2) of the Emergency Planning and Commu18 nity Right-To-Know Act of 1986 (42 U.S.C. 

19 11023(d)(2)), the Administrator shall revise the 

20 toxics release inventory to include that substance or 

21 class of substances not later than 2 years after the 

22 date on which the Administrator makes the deter23 mination. 

24 (e) CONFIDENTIAL BUSINESS INFORMATION.— 


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1 (1) IN GENERAL.—Prior to including on the 

2 toxics release inventory pursuant to subsection 

3 (b)(1), (c)(1), or (d)(3) any perfluoroalkyl or 

4 polyfluoroalkyl substance or class of perfluoroalkyl 

5 or polyfluoroalkyl substances the chemical identity of 

6 which is subject to a claim of a person of protection 

7 from disclosure under subsection (a) of section 552 

8 of title 5, United States Code, pursuant to sub9 section (b)(4) of that section, the Administrator 

10 shall— 

11 (A) review that claim of protection from 

12 disclosure; and 

13 (B) require that person to reassert and 

14 substantiate or resubstantiate that claim in ac15 cordance with section 14(f) of the Toxic Sub16 stances Control Act (15 U.S.C. 2613(f)). 

17 (2) NONDISCLOSURE OF PROTECTION INFORMA18 TION.—If the Administrator determines that the 

19 chemical identity of a perfluoroalkyl or 

20 polyfluoroalkyl substance or class of perfluoroalkyl 

21 or polyfluoroalkyl substances qualifies for protection 

22 from disclosure under paragraph (1), the Adminis23 trator shall include the substance or class of sub24 stances, as applicable, on the toxics release inventory 


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1 in a manner that does not disclose the protected in2 formation. 

3 (f) EMERGENCY PLANNING AND COMMUNITY RIGHT4 TO-KNOW ACT OF 1986.—Section 313(c) of the Emer5 gency Planning and Community Right-To-Know Act of 

6 1986 (42 U.S.C. 11023(c)) is amended— 

7 (1) by striking the period at the end and insert8 ing ‘‘; and’’; 

9 (2) by striking ‘‘are those chemicals’’ and in10 serting the following: ‘‘are— 

11 ‘‘(1) the chemicals’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(2) the chemicals included under subsections 

14 (b)(1), (c)(1), and (d)(3) of section 2 of the PFAS 

15 Release Disclosure Act.’’. 

Æ 


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