Sec. 6711. Additions to toxics release inventory
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In this section, 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) ). 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: Perfluorooctanoic acid (commonly referred to as PFOA ) (Chemical Abstracts Service No. 335–67–1). The salt associated with the chemical described in subparagraph
(A)(Chemical Abstracts Service No. 3825–26–1). 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 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). 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. 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. Not later than 5 years after the date of enactment of this Act, the Administrator shall— determine whether revision of the threshold under subparagraph
(A)is warranted; 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), 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: The date on which the Administrator establishes a toxicity value for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances. The date on which the Administrator finalizes a significant new use rule under subsection (a)(2) of section 5 of the Toxic Substances Control Act ( 15 U.S.C. 2604 ), except a significant new use rule promulgated in connection with an order issued under subsection
(e)of that section, 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 significant new use rule previously promulgated under subsection (a)(2) of section 5 of the Toxic Substances Control Act ( 15 U.S.C. 2604 ), except a significant new use rule promulgated in connection with an order issued under subsection
(e)of that section. 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) of section 5 of the Toxic Substances Control Act ( 15 U.S.C. 2604 ), except a significant new use rule promulgated in connection with an order issued under subsection
(e)of that section, is— added to the inventory under subsection (b)(1) of section 8 of the Toxic Substances Control Act ( 15 U.S.C. 2607 ) and designated as an active chemical substance under subsection (b)(5)(A) of that section; or designated as an active chemical substance on the inventory in accordance with subsection (b)(5)(B) of that section. 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. Not later than 5 years after the date of enactment of this Act, the Administrator shall— determine whether revision of the thresholds under subparagraph
(A)is warranted; 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) ). 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. The substances and classes of substances referred to in paragraph
(1)are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances, including— hexafluoropropylene oxide dimer acid (Chemical Abstracts Service No. 13252–13–6); the compounds associated with the chemical described in subparagraph
(A)(Chemical Abstracts Service Nos. 62037–80–3 and 2062–98–8); 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
(F)(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
(J)(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); each perfluoroalkyl or polyfluoroalkly 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 fluoropolymers, 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 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. 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— review that 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 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. 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 under subsections (b)(1), (c)(1), and (d)(3) of section 6711 of the National Defense Authorization Act for Fiscal Year 2020 . .
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- 42 USC 11203(f)(1)
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Sec. 6711
Additions to toxics release inventory
Cite42 USC 11203(f)(1)
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