PFAS Testing Act of 2021
Bill: H.R.4692 | Sponsor: Rep. Maloney, Sean Patrick (D-NY)
Policy area: Environmental Protection

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.

To require the testing of perfluoroalkyl and polyfluoroalkyl substances 
    under the Toxic Substances Control Act, 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 ``PFAS Testing Act of 2021''.

SEC. 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)) is amended by adding at the end the 
following:
            ``(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)) is amended--
            (1) in subparagraph (A), by striking ``subparagraph (B) or 
        (C)'' and inserting ``subparagraph (B), (C), or (D)''; and
            (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) is amended by adding 
at the end the following:
    ``(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.''.

SEC. 3. REPORTING AND RETENTION OF INFORMATION.

    Section 8(a) of the Toxic Substances Control Act (15 U.S.C. 
2607(a)) is amended by adding at the end the following:
            ``(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.''.
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