Title: PFAS Release Disclosure and Protection Act of 2019
Policy area: Environmental Protection

Summary:
PFAS Release Disclosure Act
This bill requires specified perfluoroalkyl and polyfluoroalkyl substances, commonly known as PFAS, to be immediately included in the Toxics Release Inventory (TRI) of the Environmental Protection Agency (EPA). 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.
PFAS that are being assessed for toxicity value, subject to the significant new use rule, or subject to an ongoing or future significant new use rule must be added to the TRI after finalization of the relevant assessment.
The bill also implements a 100-pound threshold for purposes of reporting such PFAS that are included in the TRI. The EPA must determine whether a revision of the threshold is warranted in five years.
The EPA must determine within two years whether specified PFAS, such as perfluorobutanesulfonic acid, warrant inclusion in the TRI.
With regard to PFAS that are subject to a claim of a person of protection from disclosure, the EPA must review that claim and require the person to reassert and substantiate that claim. If the substance qualifies for protection from disclosure, the EPA must include the substance in the TRI in a manner that does not disclose the protected information.
Owners or operators of facilities that manufacture, process, or use a PFAS included in the TRI per this bill must complete a toxic chemical release form for each chemical that was manufactured, processed, or otherwise used at certain thresholds.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1507 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1507

To include certain perfluoroalkyl and polyfluoroalkyl substances in the 
           toxics release inventory, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2019

 Mrs. Capito (for herself, Mrs. Gillibrand, and Mr. Carper) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To include certain perfluoroalkyl and polyfluoroalkyl substances in the 
           toxics release inventory, 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 Release Disclosure Act''.

SEC. 2. ADDITIONS TO TOXICS RELEASE INVENTORY.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Toxics release inventory.--The term ``toxics release 
        inventory'' means the toxics release inventory under section 
        313(c) of the Emergency Planning and Community Right-To-Know 
        Act of 1986 (42 U.S.C. 11023(c)).
    (b) Immediate Inclusion.--
            (1) In general.--Subject to subsection (e), beginning 
        January 1 of the calendar year following the date of enactment 
        of this Act, the following chemicals shall be deemed to be 
        included in the toxics release inventory:
                    (A) Perfluorooctanoic acid (commonly referred to as 
                ``PFOA'') (Chemical Abstracts Service No. 335-67-1).
                    (B) The salt associated with the chemical described 
                in subparagraph (A) (Chemical Abstracts Service No. 
                3825-26-1).
                    (C) Perfluorooctane sulfonic acid (commonly 
                referred to as ``PFOS'') (Chemical Abstracts Service 
                No. 1763-23-1).
                    (D) The salts associated with the chemical 
                described in subparagraph (C) (Chemical Abstract 
                Service Nos. 45298-90-6, 29457-72-5, 56773-42-3, 29081-
                56-9, 4021-47-0, 111873-33-7, and 91036-71-4).
                    (E) A perfluoroalkyl or polyfluoroalkyl substance 
                or class of perfluoroalkyl or polyfluoroalkyl 
                substances that is--
                            (i) listed as an active chemical substance 
                        in the February 2019 update to the inventory 
                        under section 8(b)(1) of the Toxic Substances 
                        Control Act (15 U.S.C. 2607(b)(1)); and
                            (ii) on the date of enactment of this Act, 
                        subject to the provisions of--
                                    (I) section 721.9582 of title 40, 
                                Code of Federal Regulations; or
                                    (II) section 721.10536 of title 40, 
                                Code of Federal Regulations.
            (2) Threshold for reporting.--
                    (A) In general.--Subject to subparagraph (B), the 
                threshold for reporting the chemicals described in 
                paragraph (1) under section 313(f)(1) of the Emergency 
                Planning and Community Right-To-Know Act of 1986 (42 
                U.S.C. 11023(f)(1)) is 100 pounds.
                    (B) Revisions.--Not later than 5 years after the 
                date of enactment of this Act, the Administrator 
                shall--
                            (i) determine whether revision of the 
                        threshold under subparagraph (A) is warranted; 
                        and
                            (ii) if the Administrator determines a 
                        revision to be warranted under clause (i), 
                        initiate a revision under section 313(f)(2) of 
                        the Emergency Planning and Community Right-To-
                        Know Act of 1986 (42 U.S.C. 11023(f)(2)).
    (c) Inclusion Following Assessment.--
            (1) In general.--Subject to subsection (e), a 
        perfluoroalkyl or polyfluoroalkyl substance or class of 
        perfluoroalkyl or polyfluoroalkyl substances shall be 
        automatically included in the toxics release inventory 
        beginning January 1 of the calendar year after any of the 
        following dates:
                    (A) Establishment of toxicity value.--The date on 
                which the Administrator establishes a toxicity value 
                for the perfluoroalkyl or polyfluoroalkyl substance or 
                class of perfluoroalkyl or polyfluoroalkyl substances.
                    (B) Significant new use rule.--The date on which 
                the Administrator finalizes a significant new use rule 
                under subsection (a)(2) or (f) of section 5 of the 
                Toxic Substances Control Act (15 U.S.C. 2604) for the 
                perfluoroalkyl or polyfluoroalkyl substance or class of 
                perfluoroalkyl or polyfluoroalkyl substances.
                    (C) Addition to existing significant new use 
                rule.--The date on which the perfluoroalkyl or 
                polyfluoroalkyl substance or class of perfluoroalkyl or 
                polyfluoroalkyl substances is added to a list of 
                substances covered by a significant new use rule under 
                subsection (a)(2) or (f) of section 5 of the Toxic 
                Substances Control Act (15 U.S.C. 2604).
                    (D) Addition as active chemical substance.--The 
                date on which the perfluoroalkyl or polyfluoroalkyl 
                substance or class of perfluoroalkyl or polyfluoroalkyl 
                substances that is on a list of substances covered by a 
                significant new use rule under subsection (a)(2) or (f) 
                of section 5 of the Toxic Substances Control Act (15 
                U.S.C. 2604) is added as an active chemical substance 
                on the inventory under section 8(b)(1) of the Toxic 
                Substances Control Act (15 U.S.C. 2607(b)(1)).
            (2) Threshold for reporting.--
                    (A) In general.--Subject to subparagraph (B), the 
                threshold for reporting under section 313(f)(1) of the 
                Emergency Planning and Community Right-To-Know Act of 
                1986 (42 U.S.C. 11203(f)(1)) the substances and classes 
                of substances included in the toxics release inventory 
                under paragraph (1) is 100 pounds.
                    (B) Revisions.--Not later than 5 years after the 
                date of enactment of this Act, the Administrator 
                shall--
                            (i) determine whether revision of the 
                        thresholds under subparagraph (A) is warranted; 
                        and
                            (ii) if the Administrator determines a 
                        revision to be warranted under clause (i), 
                        initiate a revision under section 313(f)(2) of 
                        the Emergency Planning and Community Right-To-
                        Know Act of 1986 (42 U.S.C. 11023(f)(2)).
    (d) Inclusion Following Determination.--
            (1) In general.--To the extent not already subject to 
        subsection (b), not later than 2 years after the date of 
        enactment of this Act, the Administrator shall determine 
        whether the substances and classes of substances described in 
        paragraph (2) meet the criteria described in section 313(d)(2) 
        of the Emergency Planning and Community Right-To-Know Act of 
        1986 (42 U.S.C. 11023(d)(2)) for inclusion in the toxics 
        release inventory.
            (2) Substances described.--The substances and classes of 
        substances referred to in paragraph (1) are perfluoroalkyl and 
        polyfluoroalkyl substances and classes of perfluoroalkyl and 
        polyfluoroalkyl substances, including--
                    (A) hexafluoropropylene oxide dimer acid (Chemical 
                Abstracts Service No. 13252-13-6);
                    (B) the compounds associated with the chemical 
                described in subparagraph (A) (Chemical Abstracts 
                Service Nos. 62037-80-3 and 2062-98-8);
                    (C) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic 
                acid] ammonium salt (Chemical Abstracts Service No. 
                908020-52-0);
                    (D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-
                2-(trifluoromethoxy) propanoyl fluoride (Chemical 
                Abstracts Service No. 2479-75-6);
                    (E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-
                2-(trifluoromethoxy) propionic acid (Chemical Abstracts 
                Service No. 2479-73-4);
                    (F) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic 
                acid] (Chemical Abstracts Service No. 919005-14-4);
                    (G) the salts associated with the chemical 
                described in subparagraph (F) (Chemical Abstracts 
                Service Nos. 958445-44-8, 1087271-46-2, and 
                NOCAS_892452);
                    (H) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-
                tridecafluoro-potassium salt (Chemical Abstracts 
                Service No. 59587-38-1);
                    (I) perfluorobutanesulfonic acid (Chemical 
                Abstracts Service No. 375-73-5);
                    (J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-
                nonafluoro-potassium salt (Chemical Abstracts Service 
                No. 29420-49-3);
                    (K) the component associated with the chemical 
                described in subparagraph (J) (Chemical Abstracts 
                Service No. 45187-15-3);
                    (L) heptafluorobutyric acid (Chemical Abstracts 
                Service No. 375-22-4);
                    (M) perfluorohexanoic acid (Chemical Abstracts 
                Service No. 307-24-4); and
                    (N) a perfluoroalkyl and polyfluoroalkyl substance 
                or class of perfluoroalkyl or polyfluoroalkyl 
                substances other than those chemicals described in 
                subparagraphs (A) through (M) that is used to 
                manufacture fluoropolymers, as determined by the 
                Administrator.
            (3) Addition to toxics release inventory.--Subject to 
        subsection (e), if the Administrator determines under paragraph 
        (1) that a substance or a class of substances described in 
        paragraph (2) meets the criteria described in section 313(d)(2) 
        of the Emergency Planning and Community Right-To-Know Act of 
        1986 (42 U.S.C. 11023(d)(2)), the Administrator shall revise 
        the toxics release inventory to include that substance or class 
        of substances not later than 2 years after the date on which 
        the Administrator makes the determination.
    (e) Confidential Business Information.--
            (1) In general.--Prior to including on the toxics release 
        inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any 
        perfluoroalkyl or polyfluoroalkyl substance or class of 
        perfluoroalkyl or polyfluoroalkyl substances the chemical 
        identity of which is subject to a claim of a person of 
        protection from disclosure under subsection (a) of section 552 
        of title 5, United States Code, pursuant to subsection (b)(4) 
        of that section, the Administrator shall--
                    (A) review that claim of protection from 
                disclosure; and
                    (B) require that person to reassert and 
                substantiate or resubstantiate that claim in accordance 
                with section 14(f) of the Toxic Substances Control Act 
                (15 U.S.C. 2613(f)).
            (2) Nondisclosure of protection information.--If the 
        Administrator determines that the chemical identity of a 
        perfluoroalkyl or polyfluoroalkyl substance or class of 
        perfluoroalkyl or polyfluoroalkyl substances qualifies for 
        protection from disclosure under paragraph (1), the 
        Administrator shall include the substance or class of 
        substances, as applicable, on the toxics release inventory in a 
        manner that does not disclose the protected information.
    (f) Emergency Planning and Community Right-To-Know Act of 1986.--
Section 313(c) of the Emergency Planning and Community Right-To-Know 
Act of 1986 (42 U.S.C. 11023(c)) is amended--
            (1) by striking the period at the end and inserting ``; 
        and'';
            (2) by striking ``are those chemicals'' and inserting the 
        following: ``are--
            ``(1) the chemicals''; and
            (3) by adding at the end the following:
            ``(2) the chemicals included under subsections (b)(1), 
        (c)(1), and (d)(3) of section 2 of the PFAS Release Disclosure 
        Act.''.
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