PROTECT Act of 2021

To list certain perfluoroalkyl and polyfluoroalkyl substances as hazardous air pollutants, and for other purposes. 1. Short title This Act may be cited as the Prevent Release Of Toxics Emissions, Contamination, and Transfer Act of 2021 PROTECT Act of 2021 2. Listing of perfluoroalkyl and polyfluoroalkyl substances as hazardous air pollutants (a) Listing (1) Initial listing Section 112(b) of the Clean Air Act ( 42 U.S.C. 7412(b) (8) Perfluoroalkyl and polyfluoroalkyl substances (A) In general Subject to subparagraph (B), beginning on the date of enactment of the Prevent Release Of Toxics Emissions, Contamination, and Transfer Act of 2021 (i) Perfluorooctanoic acid and its salts. (ii) Perfluorooctanesulfonic acid and its salts. (iii) Perfluorobutanesulfonic acid. (iv) Hexafluoropropylene oxide dimer acid and its ammonium salt (commonly referred to as GenX chemicals (B) Implementing regulations (i) Source categories Notwithstanding any other provision of this section, not later than 2 years after the date of enactment of the Prevent Release Of Toxics Emissions, Contamination, and Transfer Act of 2021 (ii) Other regulations Notwithstanding any other provision of this section and except as provided in clause (i), not later than 5 years after the date of enactment of the Prevent Release Of Toxics Emissions, Contamination, and Transfer Act of 2021 (iii) Savings clause The Administrator may not enforce the listing of any hazardous air pollutant under subparagraph (A) until the regulations issued under clause (ii) are finalized. . (2) Additional listings (A) In general Not later than 5 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this Act as the Administrator 42 U.S.C. 7412 (B) Sources categories Not later than 2 years after the date on which a final rule is issued pursuant to subparagraph (A), the Administrator shall revise the list of the categories and subcategories of major sources and area sources established under section 112(c)(1) of the Clean Air Act ( 42 U.S.C. 7412(c)(1) (C) Other regulations Notwithstanding any other provision of section 112 of the Clean Air Act ( 42 U.S.C. 7412 (b) Petitions Nothing in this Act or an amendment made by this Act affects the requirement that the Administrator grant or deny a petition under section 112(b)(3)(A) of the Clean Air Act ( 42 U.S.C. 7412(b)(3)(A) (c) Quantification For each substance added to the list of hazardous air pollutants established under section 112(b) of the Clean Air Act ( 42 U.S.C. 7412(b) (1) provide support and services to advance the understanding of sources of emissions of the substance, or an appropriate surrogate for that substance, the state of technology for control of those emissions, and measurement approaches to quantify and measure those emissions; and (2) to the extent practicable, continue to develop and improve the relevant source testing and ambient air measurement methodologies to facilitate— (A) the identification of emissions sources of the substance; and (B) the detection and reporting of the emitted amounts of the substance.

Summary: Prevent Release Of Toxics Emissions, Contamination, and Transfer Act of 2021 or the PROTECT Act of 2021 This bill adds specified perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS, as hazardous air pollutants under the Clean Air Act. These substances are man-made and may have adverse human health effects.