PFAS Safe Disposal Act
Bill: H.R.4463 | Sponsor: Rep. Levin, Andy (D-MI)
Policy area: Environmental Protection

Summary:
PFAS Safe Disposal Act
This bill requires the Environmental Protection Agency to regulate the disposal procedures for materials containing perfluoroalkyl and polyfluoroalkyl substances (commonly referred to as PFAS) or aqueous film forming foam. These substances are man-made and may have adverse human health effects. For criminal penalty purposes, materials containing PFAS shall be considered hazardous waste.
No person is authorized to dispose of PFAS or aqueous film forming foam by incineration until the effective date of the promulgated regulations required by this bill.

To require the Administrator of the Environmental Protection Agency to 
   promulgate regulations regarding disposal of materials containing 
 perfluoroalkyl and polyfluoroalkyl substances or aqueous film forming 
                     foam, 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 Safe Disposal Act''.

SEC. 2. PROHIBITION ON WASTE INCINERATION OF PFAS.

    Section 3004 of the Solid Waste Disposal Act (42 U.S.C. 6924) is 
amended by adding at the end the following new subsection:
    ``(z) PFAS Wastes.--
            ``(1) Firefighting foam.--Not later than 6 months after the 
        date of enactment of this subsection, the Administrator shall 
        promulgate regulations requiring that when materials containing 
        perfluoroalkyl and polyfluoroalkyl substances or aqueous film 
        forming foam are disposed--
                    ``(A) all incineration is conducted in a manner 
                that eliminates perfluoroalkyl and polyfluoroalkyl 
                substances, including eliminating perfluoroalkyl and 
                polyfluoroalkyl substances emitted into the air;
                    ``(B) all incineration is conducted in accordance 
                with the requirements of the Clean Air Act, including 
                controlling hydrogen fluoride;
                    ``(C) any materials containing perfluoroalkyl and 
                polyfluoroalkyl substances that are designated for 
                disposal are stored in accordance with the requirements 
                under part 264 of title 40, Code of Federal 
                Regulations;
                    ``(D) all incineration is conducted at a facility 
                that has been permitted to receive waste regulated 
                under this subtitle; and
                    ``(E) incineration is prohibited in or near 
                overburdened communities, as defined by the 
                Administrator.
            ``(2) Penalties.--For purposes of section 3008(d), a waste 
        subject to a prohibition under this subsection shall be 
        considered a hazardous waste identified or listed under this 
        subtitle.
            ``(3) Interim prohibition on incineration.--No person may 
        incinerate for purposes of disposal any material containing 
        perfluoroalkyl and polyfluoroalkyl substances or aqueous film 
        forming foam until the effective date of the regulations 
        promulgated under paragraph (1).''.
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