PFAS Waste Incineration Ban Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2591 To prohibit the waste incineration of per- and polyfluoroalkyl substances, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 8, 2019 Mr. KHANNA (for himself, Mrs. DINGELL, and Mr. KILDEE) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the waste incineration of per- and polyfluoroalkyl substances, 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 Waste Inciner- 4 ation Ban Act of 2019’’. 5 SEC. 2. PROHIBITION ON WASTE INCINERATION OF PFAS. 6 Section 3004 of the Solid Waste Disposal Act (42 7 U.S.C. 6924) is amended by adding at the end the fol- 8 lowing new subsection: 9 ‘‘(z) PFAS WASTES.— 10 VerDate Sep 11 2014 01:00 May 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2591.IH H2591 kjohnson on DSK79L0C42 with BILLS 2 •HR 2591 IH ‘‘(1) FIREFIGHTING FOAM.—Not later than 6 1 months after the date of enactment of this sub- 2 section, the Administrator shall promulgate regula- 3 tions prohibiting the disposal by incineration of fire- 4 fighting foam containing PFAS, which prohibition 5 shall take effect not later than 9 months after the 6 date of enactment of this subsection. 7 ‘‘(2) OTHER PFAS WASTES.— 8 ‘‘(A) IDENTIFICATION AND PROHIBI- 9 TION.—Not later than 12 months after the date 10 of enactment of this subsection, the Adminis- 11 trator shall promulgate regulations— 12 ‘‘(i) identifying additional wastes con- 13 taining PFAS for which a prohibition on 14 incineration may be necessary to protect 15 human health and the environment; and 16 ‘‘(ii) prohibiting the disposal by incin- 17 eration of such identified wastes beginning 18 not later than 18 months after the date of 19 enactment of this subsection. 20 ‘‘(B) REVIEW AND REVISION.—The Ad- 21 ministrator shall review and revise the list of 22 wastes identified under this paragraph as need- 23 ed, but not less frequently than every 4 years. 24 VerDate Sep 11 2014 01:00 May 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2591.IH H2591 kjohnson on DSK79L0C42 with BILLS 3 •HR 2591 IH ‘‘(3) PENALTIES.—For purposes of section 1 3008(d), a waste subject to a prohibition under this 2 subsection shall be considered a hazardous waste 3 identified or listed under this subtitle. 4 ‘‘(4) DEFINITION.—In this subsection, the term 5 ‘PFAS’ means a perfuoroalkyl or polyfluoroalkyl 6 substance with at least 1 fully fluorinated carbon 7 atom.’’. 8 Æ VerDate Sep 11 2014 01:00 May 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2591.IH H2591 kjohnson on DSK79L0C42 with BILLS