PFAS Testing Act of 2021

To require the testing of perfluoroalkyl and polyfluoroalkyl substances under the Toxic Substances Control Act, and for other purposes. 1. Short title This Act may be cited as the PFAS Testing Act of 2021 2. Testing of perfluoroalkyl and polyfluoroalkyl substances (a) Testing requirements Section 4(a) of the Toxic Substances Control Act ( 15 U.S.C. 2603(a) (5) Perfluoroalkyl and polyfluoroalkyl substances order Notwithstanding paragraphs (1) through (4), not later than 60 days after the date of enactment of this paragraph, the Administrator shall, by order, require that comprehensive toxicity testing be conducted on all chemical substances that are perfluoroalkyl and polyfluoroalkyl substances. . (b) Persons subject to order Section 4(b)(3) of the Toxic Substances Control Act ( 15 U.S.C. 2603(b)(3) (1) in subparagraph (A), by striking subparagraph (B) or (C) subparagraph (B), (C), or (D) (2) by adding at the end the following: (D) An order under subsection (a)(5) shall require the development of information by any person who manufactures or processes, or intends to manufacture or process, a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance. . (c) Perfluoroalkyl and polyfluoroalkyl substances Section 4 of the Toxic Substances Control Act ( 15 U.S.C. 2603 (i) Perfluoroalkyl and polyfluoroalkyl substances (1) Testing requirement order (A) Protocols and methodologies In determining the protocols and methodologies to be included pursuant to subsection (b)(1) in an order under subsection (a)(5), the Administrator shall allow for protocols and methodologies that test chemical substances that are perfluoroalkyl and polyfluoroalkyl substances as a class. (B) Period In determining the period to be included pursuant to subsection (b)(1) in an order under subsection (a)(5), the Administrator shall ensure that the period is as short as possible while allowing for completion of the required testing. (2) Exemptions Notwithstanding subsection (c)(2)(A), the Administrator may only make a determination under subsection (c)(2)(B) that submission of information on a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance required by an order under subsection (a)(5) would be duplicative of information that has been submitted to the Administrator in accordance with such order, or which is being developed pursuant to such order, if the information concerns the chemical substance with the same specific chemical identity as the chemical substance for which the application for an exemption is submitted. . 3. Reporting and retention of information Section 8(a) of the Toxic Substances Control Act ( 15 U.S.C. 2607(a) (7) Perfluoroalkyl and polyfluoroalkyl substances (A) Submission of information Notwithstanding any other requirement of law, not later than 60 days after the date of enactment of this paragraph, each person who manufactures or processes a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance shall submit to the Administrator— (i) all records of significant adverse reactions to health or the environment alleged to have been caused by such chemical substances; and (ii) all health and safety studies related to such chemical substances of which the person is aware. (B) Availability Not later than 4 months after the date of enactment of this paragraph, the Administrator shall make studies submitted under subparagraph (A)(ii) available to the public. .

Summary: PFAS Testing Act of 2021 This bill requires the Environmental Protection Agency (EPA) to order comprehensive toxicity testing on all perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing. An order from the EPA for comprehensive toxicity testing for PFAS shall require the development of information by any person who manufactures, processes, or intends to manufacture or process PFAS. The bill also provides guidelines for the development of these orders, including the methodologies and protocols to be used. Additionally, the bill specifies when a PFAS may be exempt from testing or information submission. Each person who manufactures or processes PFAS must submit to the EPA (1) all records of significant adverse reactions to health or the environment alleged to have been caused by PFAS, and (2) all health and safety studies related to PFAS of which the person is aware. The EPA must make all such health and safety studies available to the public within four months of the enactment of this bill.