Title: Toxic PFAS Control Act
Policy area: Environmental Protection

Summary:
Toxic PFAS Control Act
This bill requires the Environmental Protection Agency (EPA) to regulate and phase out the manufacturing, processing, and distribution of perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. PFAS are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.
Beginning six months after the date of enactment of this bill, no person may manufacture any new PFAS nor may they manufacture or process any PFAS for a significant new use as determined by the EPA.
The bill prohibits the manufacture of any PFAS beginning two years after the date of enactment of this bill. Additionally, three years after the date of enactment of the bill, no person may process or distribute in commerce any PFAS.
With regard to PFAS, the EPA must regulate
The EPA is authorized to grant exemptions from requirements related to PFAS, but such exemptions are only permitted to last up to one year.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2600 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2600

    To regulate per- and polyfluoroalkyl substances under the Toxic 
            Substances Control Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2019

  Ms. Dean (for herself, Mrs. Dingell, Mr. Cisneros, and Mr. Khanna) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To regulate per- 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 ``Toxic PFAS Control Act''.

SEC. 2. REGULATION OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.

    (a) In General.--Section 6 of the Toxic Substances Control Act (15 
U.S.C. 2605) is amended by adding at the end the following:
    ``(k) Perfluoroalkyl and Polyfluoroalkyl Substances.--
            ``(1) Prohibitions.--Except as provided in subsection (g)--
                    ``(A) beginning on the date that is 6 months after 
                the date of enactment of this subsection--
                            ``(i) no person may manufacture any new 
                        chemical substance that is a perfluoroalkyl or 
                        polyfluoroalkyl substance; and
                            ``(ii) no person may manufacture or process 
                        any chemical substance that is a perfluoroalkyl 
                        or polyfluoroalkyl substance for a use that is 
                        a significant new use with respect to which the 
                        Administrator has issued a final or proposed 
                        determination in accordance with section 
                        5(a)(2);
                    ``(B) beginning on the date that is 2 years after 
                the date of enactment of this subsection, no person may 
                manufacture any chemical substance that is a 
                perfluoroalkyl or polyfluoroalkyl substance; and
                    ``(C) beginning on the date that is 3 years after 
                the date of enactment of this subsection, no person may 
                process or distribute in commerce any chemical 
                substance that is a perfluoroalkyl or polyfluoroalkyl 
                substance.
            ``(2) Regulation.--Notwithstanding subsections (a) through 
        (d), not later than 6 months after the date of enactment of 
        this subsection, the Administrator shall promulgate a rule 
        that--
                    ``(A) prescribes the manner or method of disposal 
                of any chemical substance that is a perfluoroalkyl or 
                polyfluoroalkyl substance, or of any article containing 
                such a chemical substance, by a manufacturer or 
                processor or by any other person who uses or disposes 
                of such a chemical substance, and that--
                            ``(i) does not require any person to take 
                        any action which would be in violation of any 
                        law or requirement of, or in effect for, a 
                        State or political subdivision; and
                            ``(ii) requires each person subject to it 
                        to notify each State and political subdivision 
                        in which a required disposal may occur of such 
                        disposal;
                    ``(B) requires that any such chemical substance, or 
                article containing such a chemical substance, be marked 
                with clear and adequate minimum warnings, and 
                instructions with respect to its processing, use, 
                distribution in commerce, or disposal or with respect 
                to any combination of such activities, including 
                requirements for the form and content of such warnings 
                and instructions;
                    ``(C) requires any person manufacturing or 
                processing any amount of such a chemical substance to 
                report such manufacture or processing pursuant to 
                section 8, notwithstanding subsection (a)(1) of such 
                section; and
                    ``(D) requires any person manufacturing any such 
                chemical substance--
                            ``(i) to accept for disposal in accordance 
                        with subparagraph (A) any such chemical 
                        substance that has not been processed;
                            ``(ii) to replace or repurchase such 
                        chemical substance as elected by the person to 
                        whom the requirement is directed; and
                            ``(iii) to give notice of the requirements 
                        of this subparagraph to the public, processors 
                        and distributors in commerce of such chemical 
                        substance and, to the extent reasonably 
                        ascertainable, to other persons in possession 
                        of such chemical substance or exposed to such 
                        chemical substance.''.
    (b) Exemptions.--Section 6(g) of the Toxic Substances Control Act 
(15 U.S.C. 2605(g)) is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by inserting ``, or a requirement of subsection (k),'' 
        after ``subsection (a) rule''; and
            (2) in paragraph (3), by adding at the end the following: 
        ``An exemption under this subsection from a requirement of 
        subsection (k) may be for a period that is not longer than 1 
        year.''.
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