Sec. 3. Testing of perfluoroalkyl and polyfluoroalkyl substances
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Section 4(a) of the Toxic Substances Control Act ( 15 U.S.C. 2603(a) ) is amended by adding at the end the following: Notwithstanding paragraphs
(1)through (3), the Administrator shall, by rule, require that comprehensive toxicity testing be conducted on all chemical substances that are perfluoroalkyl or polyfluoroalkyl substances. In issuing a rule under subparagraph (A), the Administrator— may establish categories of perfluoroalkyl and polyfluoroalkyl substances based on hazard characteristics or chemical properties; shall require the development of information relating to perfluoroalkyl and polyfluoroalkyl substances that the Administrator determines is likely to be useful in evaluating the hazard and risk posed by such substances in land, air, and water (including drinking water), as well as in products; and may allow for varied or tiered testing requirements based on hazard characteristics or chemical properties of perfluoroalkyl and polyfluoroalkyl substances or categories of perfluoroalkyl and polyfluoroalkyl substances. The Administrator shall issue— a proposed rule under subparagraph
(A)not later than 6 months after the date of enactment of this paragraph; and a final rule under subparagraph
(A)not later than 2 years after the date of enactment of this paragraph. . Section 4(b)(3) of the Toxic Substances Control Act ( 15 U.S.C. 2603(b)(3) ) is amended— in subparagraph (A), by striking subparagraph
(B)or
(C)and inserting subparagraph (B), (C), or
(D); and by adding at the end the following: A rule 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. . Section 4 of the Toxic Substances Control Act ( 15 U.S.C. 2603 ) is amended by adding at the end the following: In determining the protocols and methodologies to be included pursuant to subsection (b)(1) in a rule 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. In determining the period to be included pursuant to subsection (b)(1) in a rule under subsection (a)(5), the Administrator shall ensure that the period is as short as possible while allowing for completion of the required testing. In carrying out subsection
(c)with respect to a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance, the Administrator— may only determine under subsection (c)(2) that information would be duplicative if the chemical substance with respect to which the application for exemption is submitted is in the same category, as established under subsection (a)(5)(B)(i), as a chemical substance for which information has been submitted to the Administrator in accordance with a rule, order, or consent agreement under subsection
(a)or for which information is being developed pursuant to such a rule, order, or consent agreement; and shall publish a list of all such chemical substances for which an exemption under subsection
(c)is granted. .
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Sec. 3
Testing of perfluoroalkyl and polyfluoroalkyl substances
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