PROTECT Act of 2021
Bill: S.2994 | Sponsor: Sen. Padilla, Alex (D-CA)
Policy area: Environmental Protection

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.

To list certain perfluoroalkyl and polyfluoroalkyl substances as 
           hazardous air pollutants, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevent Release Of Toxics Emissions, 
Contamination, and Transfer Act of 2021'' or the ``PROTECT Act of 
2021''.

SEC. 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)) is amended by adding at the end the 
        following:
            ``(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, the following substances are 
                included on the list of hazardous air pollutants under 
                paragraph (1):
                            ``(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, the 
                        Administrator shall revise the list of the 
                        categories and subcategories of major sources 
                        and area sources established under subsection 
                        (c)(1) to include the categories and 
                        subcategories of the substances described in 
                        subparagraph (A).
                            ``(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, the 
                        Administrator shall finalize the emission 
                        standards and other regulations necessary under 
                        this section for the substances included on the 
                        list of hazardous air pollutants under 
                        subparagraph (A).
                            ``(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'') shall determine whether 
                to issue, in accordance with section 112 of the Clean 
                Air Act (42 U.S.C. 7412), final rules adding 
                perfluoroalkyl and polyfluoroalkyl substances other 
                than the perfluoroalkyl and polyfluoroalkyl substances 
                described in subsection (b)(8) of that section to the 
                list of hazardous air pollutants established under 
                subsection (b) of that section.
                    (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)) 
                to include the categories and subcategories of major 
                sources and area sources of the perfluoroalkyl and 
                polyfluoroalkyl substances listed pursuant to that 
                final rule.
                    (C) Other regulations.--Notwithstanding any other 
                provision of section 112 of the Clean Air Act (42 
                U.S.C. 7412) and except as provided in subparagraph 
                (B), not later than 5 years after the date of enactment 
                of this Act, the Administrator shall finalize the 
                emission standards and other regulations necessary 
                under that section for the substances described in 
                subparagraph (A).
    (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)) within 18 months of the receipt of the petition, 
including a petition with respect to a substance described in 
subsection (a)(2)(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)) pursuant to this Act or under an amendment 
made by this Act, the Administrator shall--
            (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.
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