Sec. 113. Funding
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There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this title, except for section 101(i), for each of fiscal years 2027 through 2036. In this subsection: The term annual report fee means the fee established by the Administrator under paragraph (2)(B)(i)(I) to submit an annual report under section 102(a)(2). The term petition fee means the fee established by the Administrator under paragraph (2)(B)(i)(II) to submit a petition to designate a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use under section 102(c).
The term small manufacturer has the meaning given the term in section 704.3 of title 40, Code of Federal Regulations (or successor regulations). Not later than 180 days after the date of enactment of this Act, the Administrator shall complete a workload assessment analysis with respect to the costs expected on the Administrator to carry out this title, which may include an examination of the impacts of a reduced fee for small manufacturers under subparagraph (C). Not later than 1 year after the date on which the Administrator completes the workload assessment analysis under subparagraph (A), and using that workload assessment analysis, the Administrator shall complete a public and transparent rulemaking to establish the requirements and fees necessary to submit— the annual reports under section 102(a)(2), including any necessary requirements for additional reports under that subparagraph; and a petition to designate a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use under section 102(c), which shall include— a separate fee for each use for which a designation is requested in the petition; and any necessary requirements for the petition process under that section.
The 1-year period described in clause
(i)shall include not less than 90 days for public review and comment on the proposed rulemaking under that clause. In determining the amount of the annual report fee and the petition fee in the rulemaking required under clause (i), the Administrator— shall consider— usage of perfluoroalkyl or polyfluoroalkyl substances; the volume of used perfluoroalkyl or polyfluoroalkyl substances; and the known toxicological risks of individual perfluoroalkyl or polyfluoroalkyl substances, mixtures of perfluoroalkyl or polyfluoroalkyl substances, and subclasses of perfluoroalkyl or polyfluoroalkyl substances, as determined by sources of information determined relevant by the Administrator, including the National PFAS Testing Strategy and the Computational Toxicology Chemicals Dashboard of the Environmental Protection Agency; and may consider the expected total annual costs of administering the non-discretionary provisions of this title, including collecting, processing, reviewing, providing access to, and protecting from disclosure confidential business information that is subject to section 14 of the Toxic Substances Control Act ( 15 U.S.C. 2613 ). The Administrator may, in the rulemaking required under subparagraph (B)(i), reduce the annual report fee and the petition fee for small manufacturers. The Administrator shall finalize the amount of the annual report fee and the petition fee, including any reduced fees for small manufacturers under subparagraph (C), by the date that is not later than 2 years after the date of enactment of this Act. If the Administrator fails to finalize the amount of the annual report fee and the petition fee within the 2-year period described in clause (i)— the amount of the annual report fee shall be $100,000 for each annual report submitted under section 102(a)(2), which may be lower for small manufacturers as determined by the Administrator; and the amount of the petition fee shall be $100,000 for each petition submitted under section 102(c), which may be lower for small manufacturers as determined by the Administrator. Nothing in this subparagraph requires the Administrator to use the minimum fee amounts imposed by clause
(ii)after completion of the rulemaking process required under subparagraph (B), even if that rulemaking process is not completed within the 2-year period described in clause (i). On the date that is 3 years after the date on which the Administrator establishes the amount of the annual report fee and the petition fee, and every 3 years thereafter, the Administrator shall adjust the amount of the annual report fee and the petition fee to reflect changes for the 36-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistic of the Department of Labor. If the minimum fee amounts under paragraph (2)(D)(ii) are in effect, clause
(i)shall be applied by substituting the date on which the Administrator establishes the amount of the annual report fee and the petition fee for the date on which minimum fee amounts under paragraph (2)(D)(ii) come into effect until such time as the Administrator completes the rulemaking process required under paragraph (2)(B). In addition to the adjustment required under subparagraph (A), the Administrator may, after a period of notice and opportunity for public comment, further adjust the amount of the annual report fee and the petition fee. The Administrator shall waive the petition fee for any petition from a Federal agency, a State agency, or a nonprofit entity described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code to designate a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use under section 102(c). There is established in the Treasury a fund, to be known as the PFAS Report Assessment Fund , to be administered by the Administrator. Each fiscal year, the Secretary of the Treasury shall deposit into the PFAS Report Assessment Fund an amount equal to all annual report fees collected during the previous fiscal year. The PFAS Report Assessment Fund shall consist of— amounts deposited by the Secretary of the Treasury under clause (ii); and any appropriations made by Congress. Amounts in the PFAS Report Assessment Fund may be used, without further appropriation, to carry out section 102(a)(2). There is established in the Treasury a fund, to be known as the PFAS Petition Assessment Fund , to be administered by the Administrator. Each fiscal year, the Secretary of the Treasury shall deposit into the PFAS Petition Assessment Fund an amount equal to all petition fees collected during the previous fiscal year. The PFAS Petition Assessment Fund shall consist of— amounts deposited by the Secretary of the Treasury under clause (ii); and any appropriations made by Congress. Amounts in the PFAS Petition Assessment Fund may be used, without further appropriation, to carry out section 102(c). The Administrator may, at the discretion of the Administrator and without further appropriation, transfer amounts between the PFAS Report Assessment Fund and the PFAS Petition Assessment Fund. The Administrator may terminate collection of the annual report fee and the petition fee only after the Administrator determines, using a rulemaking with a public comment period of not less than 90 days, a science-based reason that the fee program is no longer necessary.
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