PFAS Right-To-Know Act

I 116TH CONGRESS 1ST SESSION H. R. 2577 To amend the Emergency Planning and Community Right-To-Know Act of 1986 to include per- and polyfluoroalkyl substances on the Toxics Release Inventory, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 8, 2019 Mr. DELGADO (for himself, Mr. GALLAGHER, Mr. KILDEE, and Mr. FITZPATRICK) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Emergency Planning and Community Right- To-Know Act of 1986 to include per- and polyfluoroalkyl substances on the Toxics Release Inventory, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘PFAS Right-To-Know 4 Act’’. 5 VerDate Sep 11 2014 22:17 May 15, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2577.IH H2577 jbell on DSK3GLQ082PROD with BILLS 2 •HR 2577 IH SEC. 2. INCLUSION OF PER- AND POLYFLUOROALKYL SUB- 1 STANCES ON THE TOXICS RELEASE INVEN- 2 TORY. 3 Section 313 of the Emergency Planning and Commu- 4 nity Right-To-Know Act of 1986 (42 U.S.C. 11023) is 5 amended— 6 (1) in subsection (b)(1)— 7 (A) by redesignating subparagraph (C) as 8 subparagraph (D); and 9 (B) by inserting after subparagraph (B) 10 the following: 11 ‘‘(C) Notwithstanding subparagraph (A), the 12 requirements of this section shall apply to all owners 13 and operators of facilities that— 14 ‘‘(i) are in— 15 ‘‘(I) Standard Industrial Classification 16 Codes (as in effect on the date of enact- 17 ment of this subparagraph) 20 through 39, 18 45, 99, or 4213; or 19 ‘‘(II) North American Industry Classi- 20 fication System Codes (as in effect on the 21 date of enactment of this subparagraph) 22 484230 or 484121; and 23 ‘‘(ii) manufactured, processed, or otherwise 24 used per- and polyfluoroalkyl substances listed 25 under subsection (c) in excess of the quantity 26 VerDate Sep 11 2014 22:17 May 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2577.IH H2577 jbell on DSK3GLQ082PROD with BILLS 3 •HR 2577 IH established under subsection (f)(1)(C) during 1 the calendar year for which a release form is re- 2 quired under this section.’’; 3 (2) in subsection (d), by adding at the end the 4 following new paragraph: 5 ‘‘(5) PER- AND POLYFLUOROALKYL SUB- 6 STANCES.— 7 ‘‘(A) ADDITION OF SUBSTANCES.—Not 8 later than 30 days after the date of enactment 9 of this paragraph, the Administrator shall add 10 to the list described in subsection (c) all per- 11 and polyfluoroalkyl substances on the list pub- 12 lished under section 8(b) of the Toxic Sub- 13 stances Control Act. 14 ‘‘(B) INAPPLICABILITY OF CERTAIN PROVI- 15 SIONS.—The requirements of paragraph (1) 16 and (2) shall not apply with respect to an addi- 17 tion to the list described in subsection (c) that 18 is carried out under subparagraph (A) of this 19 paragraph. 20 ‘‘(C) NO DELETIONS.—Notwithstanding 21 paragraph (1) or paragraph (3) of this sub- 22 section or subsection (e), the Administrator 23 may not delete a substance described subpara- 24 VerDate Sep 11 2014 22:17 May 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2577.IH H2577 jbell on DSK3GLQ082PROD with BILLS 4 •HR 2577 IH graph (A) of this paragraph from the list de- 1 scribed in subsection (c).’’; and 2 (3) in subsection (f)(1)— 3 (A) in subparagraph (A), by inserting 4 ‘‘(other than a toxic chemical described in sub- 5 paragraph (C))’’ after ‘‘to a toxic chemical’’; 6 (B) in subparagraph (B), in the matter 7 preceding clause (i), by inserting ‘‘(other than 8 a toxic chemical described in subparagraph 9 (C))’’ after ‘‘to a toxic chemical’’; and 10 (C) by adding at the end the following: 11 ‘‘(C) With respect to per- or polyfluoroal- 12 kyl substances manufactured, processed, or 13 used at a facility, a total of 1,000 pounds of 14 per- or polyfluoroalkyl substances per year.’’. 15 Æ VerDate Sep 11 2014 22:17 May 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2577.IH H2577 jbell on DSK3GLQ082PROD with BILLS