Sec. 9. Additions to toxics release inventory
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In this section, the term toxics release inventory means the list of toxic chemicals subject to the requirements of section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11023(c) ). Subject to subsection (e), beginning January 1 of the calendar year following the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall deem the following chemicals to be included in the toxics release inventory: Perfluorooctanoic acid (commonly referred to as PFOA ) (Chemical Abstracts Service No. 335–67–1). The salts associated with the chemical described in subparagraph
(A)(Chemical Abstracts Service Nos. 3825–26–1, 335–95–5, and 68141–02–6). Perfluorooctane sulfonic acid (commonly referred to as PFOS ) (Chemical Abstracts Service No. 1763–23–1). The salts associated with the chemical described in subparagraph
(C)(Chemical Abstracts Service Nos. 2795–39–3, 29457–72–5, 56773–42–3, 29081–56–9, and 70225–14–8). A perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that is— 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 on the date of enactment of this Act, subject to the provisions of— section 721.9582 of title 40, Code of Federal Regulations; or section 721.10536 of title 40, Code of Federal Regulations. Hexafluoropropylene oxide dimer acid (commonly referred to as GenX ) (Chemical Abstracts Service No. 13252–13–6). The compound associated with the chemical described in subparagraph
(F)identified by Chemical Abstracts Service No. 62037–80–3. Perfluorononanoic acid (commonly referred to as PFNA ) (Chemical Abstracts Service No. 375–95–1). Perfluorohexanesulfonic acid (commonly referred to as PFHxS ) (Chemical Abstracts Service No. 355–46–4). Subject to subparagraph (B), the threshold for reporting the chemicals described in paragraph
(1)under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11023 ) is 100 pounds. Not later than 5 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall— determine whether revision of the threshold under subparagraph
(A)is warranted for any chemical described in paragraph (1); and 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) ). Subject to subsection (e), notwithstanding section 313 of the Emergency Planning and Community Right-To-Know Act of 1986, the Administrator of the Environmental Protection Agency shall deem a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances not described in subsection (b)(1) to be included in the toxics release inventory beginning January 1 of the calendar year after any of the following dates: The date on which the Administrator finalizes a toxicity value for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances. The date on which the Administrator makes a covered determination for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances. 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 covered determination. The date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances to which a covered determination applies is— added to the list published under paragraph
(1)of section 8(b) of the Toxic Substances Control Act and designated as an active chemical substance under paragraph (5)(A) of such section; or designated as an active chemical substance on such list under paragraph (5)(B) of such section. For purposes of this paragraph, a covered determination is a determination made, by rule, under section 5(a)(2) of the Toxic Substances Control Act that a use of a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is a significant new use (except such a determination made in connection with a determination described in section 5(a)(3)(B) or section 5(a)(3)(C) of such Act). Subject to subparagraph (B), notwithstanding subsection (f)(1) of section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11023 ), the threshold for reporting under such section 313 the substances and classes of substances included in the toxics release inventory under paragraph
(1)is 100 pounds. Not later than 5 years after the date on which a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is included in the toxics release inventory under paragraph (1), the Administrator of the Environmental Protection Agency shall— determine whether revision of the threshold under subparagraph
(A)is warranted for the substance or class of substances; and 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) ). Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall determine whether the substances and classes of substances described in paragraph
(2)meet any one of 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. The substances and classes of substances referred to in paragraph
(1)are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances not described in subsection (b)(1), including— perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid] ammonium salt (Chemical Abstracts Service No. 908020–52–0); 2,3,3,3-tetrafluoro 2–(1,1,2,3,3,3-hexafluoro)–2–(trifluoromethoxy) propanoyl fluoride (Chemical Abstracts Service No. 2479–75–6); 2,3,3,3-tetrafluoro 2–(1,1,2,3,3,3-hexafluoro)–2–(trifluoromethoxy) propionic acid (Chemical Abstracts Service No. 2479–73–4); 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid] (Chemical Abstracts Service No. 919005–14–4); the salts associated with the chemical described in subparagraph
(D)(Chemical Abstracts Service Nos. 958445–44–8, 1087271–46–2, and NOCAS 892452); 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); perfluorobutanesulfonic acid (Chemical Abstracts Service No. 375–73–5); 1–Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt (Chemical Abstracts Service No. 29420–49–3); the component associated with the chemical described in subparagraph
(H)(Chemical Abstracts Service No. 45187–15–3); heptafluorobutyric acid (Chemical Abstracts Service No. 375–22–4); perfluorohexanoic acid (Chemical Abstracts Service No. 307–24–4); the compound associated with the chemical described in subsection (b)(1)(F) identified by Chemical Abstracts Service No. 2062–98–8; perfluoroheptanoic acid (commonly referred to as PFHpA ) (Chemical Abstracts Service No. 375–85–9); each perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances for which a method to measure levels in drinking water has been validated by the Administrator; and a perfluoroalkyl and polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances other than the chemicals described in subparagraphs
(A)through
(N)that is used to manufacture fluorinated polymers, as determined by the Administrator. Subject to subsection (e), if the Administrator determines under paragraph
(1)that a substance or a class of substances described in paragraph
(2)meets any one of 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 in accordance with such section 313(d) to include that substance or class of substances not later than 2 years after the date on which the Administrator makes the determination. 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 of the Environmental Protection Agency shall— review any such claim of protection from disclosure; and 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) ). 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 pursuant to 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. Section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11023(c) ) is amended— by striking the period at the end and inserting ; and ; by striking are those chemicals and inserting the following: “are— the chemicals ; and by adding at the end the following: the chemicals included on such list under subsections (b)(1), (c)(1), and (d)(3) of section 9 of the PFAS Action Act of 2019. .
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